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A. Any liquid waste hauler must obtain a liquid waste hauler permit if:
1. The liquid waste hauler is pumping wastes from a grease/sand interceptor, grease trap or other appurtenance that is connected to the wastewater treatment system, regardless of whether the wastes are disposed at a designated disposal facility; or
2. The liquid waste hauler is pumping wastes from septic tanks, portable toilets or other sources of wastes that are not connected to the wastewater treatment system and the wastes are disposed at a designated disposal facility. (Ord. 99-163; Ord. 01-42)
A. A liquid waste hauler permit charge including deposit, as required by the wastewater tariffs per section 12.1.108 of this chapter, shall be payable by the applicant.
B. Liquid waste haulers seeking a permit shall complete and file with the Chief Executive Officer a complete application on the form prescribed by the Chief Executive Officer. The application shall be certified as true, complete and accurate as provided in 40 CFR section 403.6(a)(2)(ii). Any supplemental information deemed necessary in order to evaluate the application shall be provided by the liquid waste hauler upon request by the Chief Executive Officer. (Ord. 99-163; Ord. 01-42; Ord. 14-66; Ord. 18-42)
A. Conditions contained in the liquid waste hauler permit may include, but are not limited to:
1. Firm name and address.
2. Authorized representative information and signature.
3. Certification of permittee of knowledge and acceptance of the permit conditions.
4. Effective and expiration dates.
5. Statement of nontransferability of the permit.
6. Listing of authorized vehicles to transport and dispose of waste at the POTW.
7. Listing of authorized waste types that the permittee may discharge.
8. Permit number, card number(s).
9. A statement regarding the obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.
10. Other conditions, limitations or prohibitions deemed appropriate by the Chief Executive Officer. (Ord. 99-163; Ord. 01-42; Ord. 14-66; Ord. 18-42)
A. Liquid waste hauler permits shall be issued for no longer than three (3) years. All terms and conditions of the permit may be subject to modification and change by the Chief Executive Officer at any time during the life of the permit.
B. A liquid waste hauler permit may not be transferred, reassigned, or sold.
C. Liquid waste hauler permit renewal must be applied for and an updated permit application submitted to the Chief Executive Officer at least thirty (30) days prior to the expiration date contained in the permit. Filing a complete application at least thirty (30) days prior to expiration extends the expiring permit until a new permit is renewed or denied. Operation with an expired permit, which is not extended or renewed, is prohibited. (Ord. 99-163; Ord. 01-42; Ord. 18-42)
A. The Chief Executive Officer may issue a control mechanism to any industrial user (who is not otherwise a significant industrial user) who is discharging or proposes to discharge wastewater containing substances regulated under part 7 of this article, upon finding that all of the following conditions are met:
1. The actual or proposed discharge of the applicant is in compliance with the prohibitions and limitations of part 7 of this article;
2. The actual or proposed operation and discharge of the applicant would permit the normal and efficient operation of the wastewater treatment system; and
3. The actual or proposed discharge of the applicant would not result in a violation by the City of the terms and conditions of its CDPS permit or pass-through of any toxic materials to the environment.
B. If the Chief Executive Officer finds that the condition set out in subsection A1 of this section is not met, the Chief Executive Officer may issue a control mechanism to the applicant if the conditions set out in subsections A2 and A3 of this section are met and if the applicant submits, and the Chief Executive Officer approves, an expeditious compliance schedule setting out the measures to be taken by the applicant and the dates that the measures will be implemented to ensure compliance with the provisions of this article.
C. The control mechanism may contain conditions for discharging as requirements for treatment, limitations and prohibitions, BMPs, monitoring, sampling and analysis requirements, reporting and recordkeeping requirements, conditions for accessible inspections and other conditions to ensure compliance with this article.
D. The Chief Executive Officer may issue industrial users (who are not otherwise significant industrial users) general control mechanisms when all of the industrial users covered by the general control mechanism involve the same or substantially similar types of operations, discharge the same types of wastes, require the same effluent limitations or BMPs, require the same or similar monitoring (if any) and in the opinion of the Chief Executive Officer are more appropriately controlled under a general control mechanism.
E. General control mechanisms may contain conditions for discharging as requirements for treatment, limitations and prohibitions, BMPs, monitoring, sampling and analysis requirements, reporting and recordkeeping requirements, conditions for accessible inspections, requirements to control slug discharges if determined by the Chief Executive Officer to be necessary, and other conditions to ensure compliance with this article and Federal pretreatment standards.
F. Adoption of general control mechanisms shall be in accord with subsection 12.1.110B of this chapter.
G. The duration of general control mechanisms is as provided in the general control mechanism. General control mechanisms issued for a term of less than five (5) years may be administratively extended at the discretion of the Chief Executive Officer; however, the entire term of the general control mechanism may not exceed five (5) years. (Ord. 99-163; Ord. 01-42; Ord. 06-195; Ord. 10-82; Ord. 18-42)
The terms and conditions of a permit or control mechanism may be subject to modification and change by the Chief Executive Officer during the life of the permit or control mechanism, as limitations or requirements as identified in this article are modified and changed. The user shall be informed of any proposed changes in the permit or individual control mechanism at least thirty (30) days prior to the effective date of change unless the change is initiated by a violation of this Wastewater Treatment Code. Any change or new condition in the permit shall include a reasonable time schedule for compliance. The Chief Executive Officer may provide relief from permit requirements in writing, provided the relief does not conflict with Federal requirements. Modification of general control mechanisms must be in accord with subsection 12.1.110B of this chapter. (Ord. 99-163; Ord. 01-42; Ord. 06-195; Ord. 10-82; Ord. 14-66; Ord. 18-42)
A. The Chief Executive Officer may deny the issuance of a discharge or liquid waste hauler permit on the following grounds:
1. The applicant knowingly falsified information on the permit applications, manifests, or other reports; or
2. The applicant's previous or other discharge or liquid waste hauler permit is under suspension or probation or has been otherwise revoked and the condition upon which action was taken still exists; or
3. The applicant is not current on all disposal and permit related reports and/or is deemed delinquent on tariffs and/or user charges; or
4. The applicant has discharged to the POTW nonpermitted or otherwise prohibited wastes; or
5. Compliance history of the user demonstrates a pattern of violations of permit requirements or late payments; or
6. Failure to maintain financial assurance as required by permit conditions; or
7. Past environmental convictions of the user relevant to the future compliance with permit requirements; or
8. Considerations relevant to permit revocation; or
9. Other items as the Chief Executive Officer considers significant.
B. In the event an application for an SIU wastewater discharge or liquid waste hauler permit is denied, the Chief Executive Officer shall notify the applicant in writing of the denial. The notification shall state the grounds for denial with that degree of specificity which will inform the applicant of the measures or actions which must be taken by the applicant prior to issuance of a permit.
C. Upon receipt of notification of denial of a permit application or individual control mechanism or coverage under a general control mechanism, the applicant may request and shall be granted within a reasonable time a hearing to be held by the Chief Executive Officer or a Hearing Officer designated by the Chief Executive Officer, if the request is submitted to the Chief Executive Officer within fifteen (15) days of receipt of notification. At the hearing the applicant shall have the burden of establishing that the conditions set out in this article have been met and that a permit or individual control mechanism should be issued or coverage under a general control mechanism should be granted. The Chief Executive Officer shall bear the burden of establishing that the conditions of section 12.5.301 of this article or section 12.5.1110 of this part have been met. The hearing shall be conducted in accord with the procedures provided in subsection 12.5.1204D of this article. (Ord. 99-163; Ord. 01-42; Ord. 06-195; Ord. 10-82; Ord. 18-42)
PART 12 ENFORCEMENT
SECTION:
12.5.1201: Enforcement Generally; Remedies Cumulative
12.5.1202: Administrative Enforcement Remedies; Informal
12.5.1203: Administrative Enforcement Remedies; Formal
12.5.1204: Administrative Hearing Procedures
12.5.1205: Judicial Enforcement Remedies
12.5.1206: Supplemental Enforcement Remedies
12.5.1207: Affirmative Defenses
12.5.1208: Disposition Of Fines And Penalties
A. Consistent with the Federal Clean Water Act section 309, 33 USC section 1319, strict liability for noncompliance with the requirements of this article, any regulation, control mechanism or permit thereunder shall constitute a violation, regardless of fault, negligence or intent. The discretion to pursue enforcement shall be upon consideration of the magnitude of the violation; its duration; its effect on the receiving water, collection or treatment facilities, City employees and contractors, and the public health, safety and welfare; the user's compliance history; the good faith of the user; and the resources available to support the enforcement action. Enforcement shall be in accord with this part and this chapter, including subsections 12.1.115A and C of this chapter, but to the exclusion of the dispute resolution procedure of other Utilities matters provided in the Utilities tariffs or the restitution provided at subsection 12.1.115B of this chapter. These enforcement remedies apply to any violation of this article.
B. It is the purpose of this section to provide additional and cumulative remedies. The Chief Executive Officer may use the following remedies either individually, sequentially, concurrently, or in any order. (Ord. 99-163; Ord. 01-42; Ord. 06-195; Ord. 14-66; Ord. 18-42)
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