(A) The Public Works Director shall develop and administer a non-hazardous liquid waste monitoring program to determine the characteristics of the non-hazardous liquid waste, discover illegal loads, and prevent the unauthorized discharge of non-hazardous liquid wastes in to the sanitary sewer system.
(B) The Public Works Director shall establish a NHLW policy, a copy of which shall be on file with the Town Clerk and at all designated discharge points.
(C) The Public Works Director shall issue or amend (as applicable) a permit within 60 days of receiving a complete permit application. In addition to other conditions and requirements deemed appropriate by the Public Works Director, each permit shall contain the following:
(1) Specify a time period not to exceed 5 years.
(2) Require the permittee to complete a waste tracking form (manifest) for each load of NHLW prior to discharge to the sanitary sewer system. The manifest shall be on forms provided by, or approved by, the Public Works Director. The manifest shall contain information on the permittee and the source(s), quality and quantity of the NHLW, as well as a certification statement, signed by the permittee, to that effect.
(3) Specify the allowable categories of NHLW to be discharged at the designated discharge point.
(4) State that prior to discharge of hauled waste, the permittee shall allow a town designated representative to sample the waste, if so required or deemed necessary, to ensure compliance with discharge limits and requirements. The permittee shall not discharge the NHLW until the initial analysis is complete. The Public Works Director reserves the right to refuse permission to discharge any load that may not be treatable at the facility, or will inhibit, interfere or otherwise be incompatible with the operation and function of the CTR system.
(5) Require the permittee to carry liability insurance in such amount and in such form as shall be determined by the Public Works Director. The insurance shall, at a minimum, provide general liability coverage, including contractual liability, in the amount of $1 million combined single limit. Motor vehicle liability insurance shall be in the minimum amounts as outlined in A.R.S. § 28-4033. Workers compensation insurance, if applicable, shall comply with state requirements. Evidence of the insurance shall be provided to the Public Works Director. The requirement shall not in any manner preclude the permittee from obtaining such additional insurance coverage as may be necessary for his or her protection.
(6) Require the permittee (as “indemnitor”) to indemnify, defend and hold harmless the Town (as “indemnitee”) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney’s fees) (herein collectively referred to as “claims”) arising out of bodily injury of any person (including death) or property damage to the extent that such claims are caused by the negligence, misconduct or other fault of the indemnitor, its agents, employees or contractors.
(7) Specify the discharge limitations and requirements as deemed appropriate by the Public Works Director.
(D) The permittee is responsible for protecting the CTR system from any contributing discharges which would inhibit, interfere or otherwise be incompatible with the operation or maintenance of the collection system or treatment plant including the use or disposal of municipal sludge or effluent. The permittee shall comply with all requirements and conditions of its permit.
(E) The permit is nontransferable. In the event of any change in control or ownership, the permittee shall notify the Public Works Director. The new owner shall apply for a new permit and shall not be allowed to discharge to the CTR system until a permit is issued and all other requirements of this subchapter have been satisfied, or unless written permission is otherwise provided by the Public Works Director.
(F) The Public Works Director is authorized to take appropriate enforcement action against any person in noncompliance with this subchapter. All penalties assessed to the town by federal and/or state agencies as a result of a violation shall be recoverable from the violator. In addition to the enforcement available to the Public Works Director that is contained herein, the Public Works Director may:
(1) Suspend for a period of up to 30 days the permit of any hauler for the first violation of any provision of the permit or any provision of this subchapter. Following the first period of suspension, the waste hauler permit may be reinstated only after payment of the fee for reinstatement, which shall be as adopted by resolution of the Council.
(2) Suspend for a period of up to 180 days the permit of any hauler committing a subsequent violation of a provision of the permit or a provision of this subchapter. Following the second period of suspension for a subsequent violation, the permit may be reinstated only after payment of the reinstatement fee, which shall be as adopted by resolution of the Council. In addition to any reinstatement fee required to be paid under this section, the hauler shall either pay or make arrangements acceptable to the Public Works Director to pay any expenses the town incurs by reason of the violation.
(3) A suspension may be appealed by the permit holder to the Town Council by submitting within 15 days of receipt of the notice of suspension, an appeal in writing, setting forth the specific grounds for the appeal. The appeal shall be filed with the Town Clerk. Filing of an appeal will not stay the suspension or the fees for reinstatement. A lesser fee for reinstatement may be charged by the Town Council if it is found that the permit holder has taken substantial action to prevent further violations.
(Ord. 04-578, passed 7-22-2004; Am. Ord. 2022-913, passed 2-22-2022)