(A)   The City Engineer, and other duly authorized employees of the city bearing proper credentials shall be permitted to enter all properties at reasonable times for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.
(`90 Code, § 18-17)  (Ord. 2520, passed - -)
   (B)   (1)   Effluent discharge permits for hydrocarbon remediation systems, as a form of industrial pretreatment, are hereby authorized to be issued by the City Manager or his or her designee in order to protect the sanitary sewer system and publicly owned treatment works of the city and any of its duly constituted authorities from substances or wastes which could violate any governmental permits or licenses or cause the city or any duly constituted authority thereof to be in violation of any governmental permits or licenses, could harm the sewers, the sewage treatment process or equipment, have an adverse effect on the receiving stream or could otherwise endanger life, limb, public property or constitute a nuisance.
      (2)   The issuance of effluent discharge permits by the city for hydrocarbon remediation systems to discharge effluents into the city’s sanitary sewer system are conditioned upon the existence of the following:
         (a)   A properly completed written application for the purpose to include a site plan;
         (b)   An opinion in writing from the City Engineer and the City Public Works Director that the discharge will not harm the sewers, the sewage treatment process or equipment, have an adverse effect on the receiving stream or otherwise endanger life, limb, public property or constitute a nuisance;
         (c)   Payment of applicable annual permit fee of $1,000 or appropriate pro rata quarterly portions thereof, which fee is subject to adjustment from time to time by resolution of the City Council;
         (d)   Proof of casualty and liability insurance coverage to include the city and the Public Works Authority as named insured parties in an amount for each of not less than $1,000,000 or other higher amount(s) as may be determined necessary by the City Manager; and
         (e)   A fail safe device shall be required of each hydrocarbon remediation system that is designed to shut down the remediation system, operation and equipment, in the event of any system, operation or equipment malfunction, breakage or breakdown of whatsoever kind or nature so as to immediately terminate any discharge into the city's sanitary sewer system.
      (3)   The form of the remediation effluent discharge permits to be used shall include the following:
         (a)   The name, address and telephone number of the party authorized to discharge wastewater, the address of the facility which shall discharge and the name and telephone number of a responsible party who may be contacted in the event of an emergency;
         (b)   The outfalls through which the permitted discharge shall occur shall be identified in an attachment to the permit which shall be a part of the permit;
         (c)   A statement that the permittee shall keep a record, either weekly or monthly as required in the same attachment to the permit identifying outfalls through which discharge shall occur, which record shall include the quantity of discharge and all sample results required in the aforesaid attachment;
         (d)   A statement that noncompliance with any terms or conditions of the permit shall constitute a violation of the city code, sanitary sewer use ordinance, together with a listing of any penalties appropriate in the event of noncompliance with the terms or conditions of the permit, including but not limited to increased monitoring requirements, a fine of not to exceed $1,000 per day per occurrence and permit revocation or modification;  (The city shall retain the sole discretion as to the selection of a penalty or penalties listed above or others as may be permitted by law or in equity.)
         (e)   A statement that all discharges must comply with any applicable state and/or federal regulations;
         (f)   A statement that the city reserves the right to change, modify or revoke the permit for any reason including, but not limited to the following:
            1.   To incorporate any new or revised federal, state or local standard requirement;
            2.   Material or substantial alterations or additions to the discharger's operation processes or discharge volume or character which were not considered in drafting the effective permit;
            3.   A change in any condition at either the discharger's facility or the publicly owned treatment works (POTW) that requires either a temporary or permanent reduction or elimination of authorized discharge;
            4.   Receipt of information indicating that the permittee discharge poses a threat to the city sanitary sewer wastewater collection or treatment system, personnel or receiving waters;
            5.   Violation of any terms of the permit;
            6.   Misrepresentation or failure to fully disclose all relevant facts in the permit application or in required reporting and sampling;
            7.   To correct typographical errors in the permit;
            8.   To reflect transfer of the facility ownership and/or operation to a new owner/operator;
            9.   Upon a request of the permittee, provided the request does not create a violation of any applicable requirement, standard, law or rules and regulations;
            10.   The failure to timely pay to the city the yearly permit fees due under the permit, sanitary sewer usage fees, tapping fees, volumetric charges or any penalty; and
            11.   The failure to timely prepare and submit any reports or sampling results to the city.
         (g)   A statement that the annual permit fee shall be due and payable by January 15 of each calendar year that the permit is in effect and for permits whose effective date falls within the second, third or fourth quarter of a calendar year the fee will be prorated based upon the following equation:  prorated permit fee = number of days remaining in calendar year/365) = yearly permit fee;  (For permit effective dates within the first quarter of a calendar year, the full permit fee will be applicable.)
         (h)   A statement that the permittee shall be responsible for application and receipt of all permits necessary for remediation system construction, startup and operation, including but not limited to building, air, groundwater recovery and monitor/recovery well installation;
         (i)   A statement that the permittee shall be responsible for fees associated with the discharge of wastewater into the city sanitary sewer system;  (An initial sanitary sewer line tapping fee per outfall plus a volumetric charge per 1,000 gallons of wastewater discharged shall be charged to the permittee.  Volumetric fees will be based upon monthly discharge volume reported by the permittee. Failure to pay charges in a timely manner, can cause revocation of permit.)
         (j)   A statement that city officers, employees or agents shall be allowed access at all times for inspection of remediation system equipment and operation;  (In case of emergencies, city officials shall be trained, prior to system startup, in system operation and shutdown.  Necessary access keys shall be provided to city officials, so that, immediate access to the remediation system is available and inspection or shutdown can be performed.)
         (k)   A statement that should the permittee wish to continue discharge beyond the expiration date of a permit, an application must be filed a minimum of 90 days prior to the expiration date;  (A permit shall not be transferred or assigned without the prior written consent of the city.)
         (l)   A statement of the effective date of the permit and of the expiration date of the permit;
         (m)    A statement, which may be included in an attachment to the permit, that the permittee shall be responsible for collecting and having analyzed all samples outlined therein;  (All analysis shall be by a laboratory permitted by the State Water Resources Board for the specific pollutants listed therein.  All samples shall be analyzed in accordance with approved methods listed in 40 CFR Part 136.  The permittee shall report all samples analyzed whether the sampling event was required under permit or not.  The discharge shall be sampled and analyzed for the analyses listed therein and shall not exceed the concentration provided therein.)
         (n)   A statement, which may be included in an attachment to the permit, that the permittee shall operate and maintain all surface treatment equipment while discharging to the POTW;  (Under no circumstances will the operator bypass the treatment equipment.  The operator will notify the Director of Public Works or his or her designee immediately, upon becoming aware of any discharge violation or violations on any condition of the permit.)
         (o)   A statement, which may be included in an attachment to the permit, listing all permitted outfalls into the city's sanitary sewer system; and
         (p)   The signatures and date of execution of the permit by the City Manager or his or her designee and by the permittee.
      (3)   The City Manager or his or her designees are expressly authorized to modify, amend or alter the form of permit as is determined necessary for the protection and preservation of the city or any of its duly constituted authorities, public property, public health and welfare, for all purposes, including but not limited to compliance with any and all federal, state or local laws, statutes, orders, ordinances, rules or regulations.
(Ord. 2989, passed 5-17-94)