A. Discharge Permit Procedure.
1. Permit. The owner of property or the operator of any facility, which property or facility is not otherwise subject to the requirements of a State General Permit or a National Pollution Discharge Elimination System Permit regulating stormwater discharges, shall submit an application, accompanied by a permit fee established by separate resolution, for a permit issued by the City Manager or his/her designee authorizing the release of non-stormwater discharges to the stormwater drainage system if:
a. The discharge of material or substance is reasonably necessary for the conduct of otherwise legal activities on the property; and
b. The discharge will not cause a nuisance, impair the beneficial uses of receiving waters or cause any reduction in established water quality standards.
2. Application. The applicant shall provide all information requested by the City Manager or his/her designee for review and consideration of the application, including but not limited to, specific detail as to the activities to be conducted on the property, plans and specifications for facilities located on the property, identification of equipment or processes to be used on-site and other information as may be requested in order to determine the materials and/or substances, and quantities thereof, which may be discharged if permission is granted.
3. Permit Issuance. The permit shall be granted or denied by the City Manager or his/her designee no later than sixty business days following the filing and acceptance of the application as determined by the City Manager or his/her designee. The applicant shall be notified in person or by first-class mail, postage prepaid, of the action taken.
4. Permit Conditions. The permit may include terms, conditions and requirements to ensure compliance with the objectives of this chapter and as necessary to protect the receiving waters, including but not limited to:
a. Identification of the discharge location on the property and the location at which the discharge will enter the stormwater drainage system;
b. Identification of the material and/or substance and quantities thereof to be discharged into the stormwater drainage system;
c. Specification of pollution prevention techniques and structural or nonstructural control requirements as reasonably necessary to prevent the occurrence of potential discharges in violation of this chapter;
d. Requirements for self-monitoring of any discharge;
e. Requirements for submission of documents or data, such as technical reports, production data, discharge reports, self-monitoring reports and waste manifests; and
f. Other terms and conditions appropriate to ensure compliance with the provisions of this chapter and the protection of receiving waters, including requirements for compliance with best management practices guidance documents approved by any federal, state or regional agency.
5. General Permit. In the discretion of the City Manager or his/her designee, the permit may, in accordance with the conditions identified in subsection (A)(4) of this section, be prepared as a general permit applicable to a specific category of activities. If a general permit is issued, the applicant shall provide any and all information which may be required by the City Manager or his/her designee for each and every person intended to discharge within the scope of the authorization provided by the general permit.
B. Permit Suspension, Revocation or Modification.
1. The City Manager or his/her designee, may suspend or revoke any permit when it is determined that:
a. The permittee has violated any term, condition or requirement of the permit or any applicable provision of this chapter;
b. The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is no longer appropriate to except the discharge from the prohibitions on prohibited discharge contained within this chapter;
c. The permittee fails to comply with any schedule for compliance issued pursuant to this chapter; or
d. Any regulatory agency, including but not limited to the EPA or a Regional Water Quality Control Board having jurisdiction over the discharge, notifies the City or permittee that the discharge should be terminated.
2. The City Manager or his/her designee may modify or amend the terms of any permit when it is determined that:
a. Federal or state law requirements have changed in a manner that necessitates a modification to the permit;
b. The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is appropriate to modify the permit's terms, conditions or requirements; or
c. A modification of the permit is necessary to ensure compliance with the objectives of this chapter or to protect the quality of receiving waters. The permittee shall be informed of any change in the permit terms and conditions at least forty-five (45) business days prior to the effective date of the modified permit.
3. The determination that a permit shall be denied, suspended, revoked or modified may be appealed by a permittee pursuant to the same procedures applicable to administrative hearing and appeal of a notice hereunder. In the absence of a judicial order to the contrary, the permittee may continue to discharge pending issuance of the final administrative decision by the Hearing Officer.
C. Limited Permittee Rights. Permits issued under this chapter are for the sole use of the person or entity specifically identified therein as the “permittee,” and authorize the specific operation at the specific location identified in the permit. The issuance of a permit does not vest the permittee with a continuing right to discharge.
D. Transfer of Permits. No permit issued pursuant to this chapter shall be transferred or assigned to or used by a person not named on the permit, unless prior written approval is obtained from the City Manager or his/her designee, which approval shall not be unreasonably withheld.
(Ord. 3121, 2008)