Any person who is denied an approval and permit under this article or
whose permit is revoked may request and receive a hearing on such denial or
revocation before the City of Lodi Common Council.
All measurements, tests and analyses of the characteristics of on-site
waste to which reference is made in this regulation shall be determined in
accordance with Standard Methods for the Examination of Water and Wastewater,
published by the American Public Health Association, and Guidelines Establishing
Test Procedures for Analysis of Pollutants (1978, 40 CFR 136). Sampling methods,
locations, times, durations and frequencies are to be determined on an individual
basis by City of Lodi.
Each disposer granted City of Lodi approval and permit pursuant to these
regulations agrees to release, protect and indemnify the City of Lodi, to
hold and save the City of Lodi harmless, and to defend the City of Lodi, its
officers, employees, agents and representatives from any and all claims, demands,
causes of action, judgments, costs, expenses, damages or other liability,
including but not limited to damages for injury or death, and from damage
to persons or property, arising out of the activities permitted under this
license and/or arising out of the activity or conduct of such disposer or
his/her equipment. The City of Lodi shall require each applicant for City
of Lodi approval and permit to provide the City of Lodi with a certificate
of insurance adequate in the City's judgment to permit the licensed disposer
to comply with the provisions of this section, naming the City of Lodi in
such a manner or upon such agreement that the City of Lodi shall receive notice
of any charges in or discontinuance of the insurance at least three weeks
before the effective date thereof.
Any person who shall violate any of the terms of this article shall
forfeit an amount not exceeding $10,000 for each violation.