(A) The Director shall develop and administer a non-hazardous liquid waste monitoring program. The scope of the program is to determine the characteristics of the non-hazardous liquid waste, and to discover illegal loads and prevent their discharge to the POTW.
(B) The Director shall establish a NHLW policy. A copy of the NHLW policy shall be on file with the Town Clerk and at any designated discharge site.
(C) The Director shall issue or amend, (as applicable), a permit within 60 days of receiving the permit application. In addition to other conditions and requirements deemed appropriate by the Director, each permit may contain the following:
(1) Specify a time period not to exceed five years;
(2) Require the permittee to complete a waste tracking form (manifest) for each load of NHLW prior to discharge to the POTW. The manifest forms shall be approved by the Director. The manifest shall contain information on the permittee and the source, quality and quantity of the NHLW, as well as a certification statement by the permittee to that effect;
(3) Specify the allowable categories of NHLW to be discharged at the designated discharge point;
(4) Prior to discharge of hauled waste, the permittee shall allow a town designated representative to sample the waste to ensure compliance with discharge limits and requirements. The permittee shall not be allowed to discharge NHLW until the initial analysis is complete. The Director reserves the right to refuse permission to discharge any load that may not be treatable by the POTW, or will inhibit, interfere or otherwise be incompatible with the operation of the POTW;
(5) Require the permittee carry liability insurance is the amount and in the form as shall be determined by the Director. The insurance shall, at a minimum, afford general liability coverage, including contractual liability, in the amount of $1,000,000 combined single limit. Motor vehicle liability insurance shall be in the minimum amounts as outlined in A.R.S. § 28-4033. Worker's compensation insurance, if applicable shall comply with state requirements. Evidence of the insurance coverage shall be provided to the Director. The requirement shall not in any manner preclude the permittee from obtaining the additional insurance coverage as may be deemed necessary for his or her own protection;
(6) Require the permittee (as “indemnitor”) to indemnify, defend and hold harmless the town (as idemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney fees) (hereinafter collectively referred to as “claims”) arising out of bodily injury of any person (including death) or property damage to the extent that the claims are caused by the negligence, misconduct or other fault of the indemnitor, its agents, employees or contractors; and
(7) Specify discharge limitations and requirements as deemed appropriate by the Director.
(D) The permittee is responsible for protecting the POTW 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. The permittee shall comply with all requirements and conditions of his or her permit.
(E) The permit is nontransferable by the permittee. In the event of any change in control or ownership, the permittee shall notify the Director. The new owner shall apply for a new permit and shall not be allowed to discharge to the POTW until a permit is issued or written permission is otherwise provided by the Director.
(F) The Director is authorized to take appropriate enforcement action against any person in noncompliance with this chapter. 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 Director that is contained herein, the 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 chapter. Following the first period of suspension, the waste hauler permit may be reinstated only after payment of the fee for reinstatement, which shall be $5,000;
(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 chapter. 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 $10,000. In addition to any reinstatement fee required to be paid under this section, the hauler shall either pay or make arrangements acceptable to the Director to pay any expense the town incurs by reason of the violation; and
(3) A suspension may be appealed by the permit holder to the Town Council by submitting an appeal in writing within 15 days of receiving notice of the suspension setting forth the specific grounds for the appeal. The filing of the appeal will not serve to stay the suspension of 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.
(Prior Code, Ch. 18, Art. III, § 18-208) (Ord. 346-04, passed 6-21-2004)