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(a) Upon the issuance of a permit(s), the permit must be attached and clearly displayed in a secure and prominent place upon each vehicle and/or container unit for which the permit is issued.
(b) A permit shall be valid for one year from the date of its issuance, unless the permit is suspended or revoked as provided for in this article.
(c) A permit may not be transferred.
(d) The city council shall establish an annual fee for the vehicle and container unit permits.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) The director may deny the issuance of a permit if:
(1) The applicant, a partner of the applicant, a principal in the applicant’s business, or applicant’s manager or operator has:
a. Within the five years preceding the date of the application been convicted of a misdemeanor that is punishable by confinement and/or by a fine exceeding $2,000 and which relates directly to the duty or responsibility of transporting reclaimed water or liquid waste; and/or
b. Been convicted of a felony which relates directly to the duty or responsibility of transporting reclaimed water or liquid waste.
(2) The applicant fails to provide evidence of liability insurance or self insurance as required by this article;
(3) The applicant had a permit, that was issued under this article, suspended or revoked within the 12 months preceding the date of the application;
(4) The application contains a false statement;
(5) The application or required information is incomplete;
(6) The applicant’s vehicles or container units submitted for inspection do not meet the criteria of § 35-194;
(7) The applicant has not registered his or her business with the Texas Secretary of State or is not in good standing;
(8) The applicant has not shown proof that the applicant and the applicant’s drivers are qualified under this article; or
(9) The applicant has violated a provision of this article within the preceding 12 months.
(b) An applicant whose permit is denied will be notified by the director, in writing, of the denial and the grounds therefore. Such notice will be sent certified mail, return receipt requested, to the mailing address listed on the application.
(c) An applicant whose permit is denied may request a hearing for reconsideration in accordance with § 35-203, provided such request is made within 15 calendar days of the issuance of the written notice of denial.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
A person who has been issued a permit by the director shall comply with the following.
(a) A permit holder shall immediately notify the director of any management changes in the business during the time the permit is in effect, and shall provide the director with a photocopy of the new manager’s or chief operating officer’s driver’s license;
(b) A transporter shall deliver reclaimed water only to users that have been approved by the director and that have a reclaimed water service agreement on file with the city;
(c) The permit holder shall maintain insurance required by § 35-193 and immediately notify the director of any changes in its insurance carrier or policy, and insured status or self-insured status;
(d) The permit holder shall maintain all vehicles and container units registered under the permit in compliance with the requirements of § 35-194;
(e) The permit holder shall notify the director within three business days when it sells or otherwise disposes of a vehicle or container unit registered under the permit;
(f) A permit holder shall ensure that all of the permit holder’s employees collecting and transporting reclaimed water in vehicles and container units registered under the permit remain sufficiently knowledgeable of such vehicles and container units, and of the reclaimed water user locations they service, so that they are able to collect and transport reclaimed water in a safe and competent manner; and
(g) The permit holder shall ensure that none of the vehicles registered under a permit exceed state weight limits while transporting reclaimed water.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) A transporter shall not transport reclaimed water in a manner or in a container unit or vehicle which would allow for any spillage or leakage of reclaimed water.
(b) A transporter shall not operate for the transportation of reclaimed water a vehicle or use container units that fail to meet the requirements of § 35-194.
(c) A transporter shall deliver reclaimed water only to users that have been approved by the director through a reclaimed water service agreement.
(d) A transporter shall not commingle reclaimed water with any other liquid or waste, including any other sources of non-potable water.
(e) All container units used to transport any other liquid or waste, including other sources of nonpotable water, shall be cleaned and disinfected prior to being used to transport reclaimed water. Required cleaning and disinfection procedures will be provided by the director. Any deviation from the required procedures must be approved in writing by the director.
(f) A transporter shall insure that reclaimed water is delivered to the approved user immediately but not later than 12 hours following receipt of the reclaimed water from the city.
(g) A transporter shall not discharge reclaimed water into a storm drain or the storm sewer system, or into any ponds, streams or rivers.
(h) Any excess reclaimed water shall be disposed of by discharging to a wastewater treatment system or wastewater collection system in compliance with all applicable permits or laws for such treatment or collection systems.
(i) A transporter shall allow the director and any authorized peace officer to inspect vehicles and container units registered under a permit, upon request.
(j) A transporter shall allow the director and any peace officer to obtain samples of reclaimed water from the transporter’s container units, upon their request.
(k) A transporter operating under a city permit shall use a manifest system book consisting of four-part trip tickets, purchased from the director for a fee established by the city council, in the following manner:
(1) Each manifest system book shall be used exclusively for a single vehicle;
(2) A transporter will complete one trip ticket for each individual delivery;
(3) The transporter shall sign the original part of a trip ticket and request the wastewater treatment plant supervisor, or his or her designee, to do the same at the time of reclaimed water collection. The transporter shall leave the first copy (yellow) of the trip ticket with the wastewater treatment plant supervisor;
(4) The transporter shall have the user sign the original part of the trip ticket at the time the reclaimed water is delivered, and shall leave the second copy (pink) of the trip ticket with the user;
(5) The transporter shall retain the third copy (green) of the trip ticket for the transporter’s own records;
(6) The transporter shall deliver to the director all completed original trip tickets no later than the tenth day of the month following the month in which they were completed; and
(7) The transporter shall retain its copies of all trip tickets for a period of five years, and shall make such copies available to the director, upon request, for inspection at all reasonable times.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) A person commits an offense if the person engages in the transportation of reclaimed water and fails to comply with any provision of this division and shall be subject to the same provisions of § 35-186.
(b) A person commits an offense if the person operates or causes to be operated a vehicle transporting reclaimed water in container units not permitted to transport reclaimed water.
(c) A person commits an offense if the person operates or causes to be operated a vehicle transporting reclaimed water and fails to display to the director or any peace officer upon demand, a copy of a valid transportation permit issued pursuant to this article.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
The director may suspend a permit for up to six months or may revoke a permit if the director determines that:
(a) The permit holder, a partner of the permit holder, a principal in the permit holder’s business, permit holder’s manager or operator, or an officer of permit holder:
a. Has within the five years preceding the date of the hearing been convicted of a misdemeanor that is punishable by confinement and/or by a fine exceeding $500, and which relates directly to the duty or responsibility in operating a reclaimed water transportation business; or
b. Has been convicted of a felony which relates directly to the duty or responsibility in operating a reclaimed water transportation business.
(b) The permit holder failed to comply with any of the permit conditions stated in § 35-198;
(c) The permit holder or any agent or employee thereof failed to use the manifest system book in compliance with this article, or to maintain manifests for five years, or to allow the director to inspect the manifests;
(d) The permit holder or any agent or employee thereof improperly disposed of reclaimed water;
(e) The permit holder or any agent or employee thereof commingled reclaimed water with any other liquid or waste, including other sources of nonpotable water, in a city-permitted container unit;
(f) The permit holder or any agent or employee thereof refused or failed to allow the director or a peace officer to inspect a reclaimed water transportation vehicle or container unit or obtain reclaimed water samples from a container unit; or
(g) The permit holder or any agent or employee thereof, within the 12 months preceding the hearing, was convicted of violating this article.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) The director shall issue written notice to the permit holder of the grounds for suspension or revocation of the permit. Such permit shall be suspended and or revoked immediately upon receipt of the notice.
(b) Subject to the restrictions set forth in this section, a permit holder may appeal to the director for reconsideration of the suspension or revocation and request a hearing.
(c) The request for appeal shall be in writing and set forth, in detail, the grounds upon which the hearing is requested.
(d) The request for appeal shall be filed with such director within 15 business days of the permit holder receiving the notice from the director. The notice shall be deemed received five days after it is placed in a mail receptacle of the United States postal service.
(e) Failure to submit a timely written request for appeal shall be deemed to be a waiver of any further right to reconsideration.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) Within a reasonable time, the director shall set a date for a hearing on the suspension or revocation of the permit.
(b) Written notice of the hearing shall be served on the petitioner at least 15 calendar days prior to the hearing. Notice shall be served in person or by United States certified mail, return receipt requested.
(c) Notice shall specify the date, time and place of the hearing and shall be deemed received five calendar days after it is placed in a mail receptacle of the United States postal service.
(d) For purposes of this section, the director shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing.
(e) Decisions shall be based on a preponderance of the evidence and the petitioner shall have the burden of proof to demonstrate that the determination is not true and valid or should not otherwise be upheld.
(f) The director and/or his or her designee shall act as the hearing officer.
(g) After the conclusion of the hearing, the director shall make written findings and shall issue a written decision within five business days.
(h) The decision of the director shall be final.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) A user of reclaimed water delivered by vehicle shall submit a reclaimed water service application and obtain approval for reclaimed water service and comply with requirements of this article.
(b) A user of reclaimed water shall only accept delivery of reclaimed water by a permitted vehicle and container units.
(c) A user of reclaimed water delivered by vehicle shall sign the original of a City of Fort Worth trip ticket prepared by a permitted transporter for all reclaimed water received by the user’s from such transporter.
(d) The user shall note any significant discrepancies on each copy of the trip ticket.
(1) Trip ticket discrepancies: differences between the quantity of reclaimed water on the trip ticket and the quantity of reclaimed water the user actually received.
(2) A significant discrepancy in quantity is any variation greater than 15%, measured in gallons.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
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