![]() ![]() "As used in this section 'waste' shall not include solid waste refuse. Notwithstanding any other provision of law, on or after January 1, 1972, waste from within the Lake Tahoe watershed shall be placed only into a sewer system and treatment facilities sufficient to handle and treat any such waste and transportation facilities sufficient to transport any resultant effluent outside the Lake Tahoe watershed, except that such waste may be placed in a holding tank which is pumped and transported to such treatment and transportation facilities. Notwithstanding any other provision of law, upon any district in the Lake Tahoe Basin providing in any area of the district a sewer system and treatment facilities sufficient to handle and treat any resultant waste and transportation facilities sufficient to transport any resultant effluent outside the Lake Tahoe Basin, the further maintenance or use of cesspools or other means of waste disposal in such area is a public nuisance and the district shall require all buildings from which waste is discharged to be connected with the sewer system within a period of not less than 90 days from the completion of such system and facilities." In 1969 the Legislature enacted sections 1391 of the Water Code which provide as follows: The owners of these properties are disposing of waste through the use of cesspools and septic tanks, and are not placing their waste into a sewer system or holding tanks. Plaintiffs are the owners of private parcels of property surrounding Fallen Leaf Lake, which lies within the South Tahoe Public Utility assessment district and the Lake Tahoe watershed. This is an appeal from a judgment of dismissal of plaintiffs' cross-complaint for inverse condemnation after the trial court sustained the State's demurrer without leave to amend. Moskowitz, Deputy Attorney General, for Defendants, Cross-complainants and Respondents. Younger, Attorney General, Carl Boronkay, Assistant Attorney General, and Joel S. Norman for Plaintiffs, Cross-complainants and Appellants.Įvelle J. THE STATE OF CALIFORNIA et al., Defendants, Cross-complainants and Respondents FALLEN LEAF PROTECTION ASSOCIATION et al., Plaintiffs, Cross-complainants and Appellants, v. ![]()
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