1040.075  DISPOSAL OF TRUCKED OR HAULED WASTES.
   (a)   Prohibited Access to Sewer System or POTW. No person shall access the sewer system or the POTW for any activity, including the discharge of hauled septic or industrial wastes, except at locations and at times as designated by the Director of Public Service. Any removal of manhole lids or other access to the sewer system for the purpose of discharging wastes at times and/or locations other than those designated by the Director, or without the express permission of the Director, shall be considered a violation of this chapter and shall be subject to enforcement action, including the fines and penalties provided allowed under this chapter.
   (b)   Permits.
      (1)   A trucked waste discharge permit from the Director shall be required for each vehicle which is to be used for the delivery of waste materials to the City of Newark Wastewater Treatment Plant. A trucked waste discharge permit may be issued to an applicant who complies with the terms and conditions of this chapter. The Director may deny an applicant a permit where the applicant has falsified or omitted required information or is delinquent in paying sewer use fees and charges or is a previous violator of waste disposal regulations.
      (2)   An application for a trucked waste discharge permit shall be submitted to the Director on an approved form and shall contain the following information:
         A.   Vehicle owner's name, address and telephone number;
         B.   Vehicle operator's name, address and telephone number (if not the same as owner);
         C.   If the vehicle owner or operator is a corporation or partnership, the names, addresses and telephone numbers of all corporate officers or partners;
         D.   Motor vehicle serial number and valid Ohio vehicle license number;
         E.   Make, model and year of vehicle and tank capacity;
         F.   A listing of all other governmental licenses and permits issued to the vehicle or for use of the vehicle; and
         G.   Any other information as shall be required by the Director.
      (3)   An application fee of fifty dollars ($50.00) shall be submitted with each application along with evidence of a five thousand dollar ($5,000) surety bond for each vehicle for which a permit is requested. The application fee shall be submitted by check or money order made payable to "City of Newark."
      (4)   Any applicant denied a trucked waste discharge permit will be sent written notice of the reason for the denial within thirty days after submission of the application. Any applicant who is denied a trucked waste discharge permit may appeal to the Director in writing within ten days after receipt of the written notice. Failure on the part of an applicant to file a written appeal within the allotted ten-day period shall be deemed as acceptance of the denial of the permit on the part of the applicant and such applicant shall not be eligible for further administrative appeal.
      (5)   A trucked waste discharge permit shall be valid for two years from its date of issuance, unless otherwise suspended or revoked.
      (6)   Trucked waste discharge permits are not transferable to other vehicles, operations or owners.
      (7)   The holder of a trucked waste discharge permit shall apply for permit reissuance by submitting a completed permit application on a form approved by the Director a minimum of sixty days prior to the expiration of the hauler's existing permit.
   (c)   Trucked Waste Operator's License.
      (1)   Any individual wishing to operate any vehicle which is permitted to discharge trucked wastes into the City of Newark Wastewater Treatment Plant shall obtain a trucked waste operator's license from the Director. No individual shall discharge, or assist in discharging, any trucked waste to the City of Newark Wastewater Treatment Plant without having a valid trucked waste operator's license. A trucked waste operator's license may be issued to an applicant who complies with the terms and conditions of this chapter. The Director may deny an applicant a license where the applicant has falsified or omitted required information or is delinquent in paying sewer use fees and charges, or is a previous violator of waste disposal regulations.
      (2)   All individuals requesting a trucked waste operator's license shall submit an application to the Director on an approved form which can include the following information:
         A.   Applicant's name, home address and home telephone number;
         B.   Present employer (if other than applicant);
         C.   Name and address of all employers for the previous five years;
         D.   A listing of all criminal convictions, including misdemeanors and court of record for the same within the previous five years;
         E.   Any and all civil and/or administrative actions taken against the applicant for violation of any waste disposal regulations in the last five years; and
         F.   Any other information as shall be required by the Director.
      (3)   A non-refundable application fee of ten dollars ($10.00) shall be submitted with each application. The application fee shall be submitted by check or money order made payable to "City of Newark".
      (4)   Any applicant denied a trucked waste operator's license shall be sent written notice of the reason for the denial within thirty days after submission of the application. Any applicant who is denied a trucked waste operator's license may appeal the denial to the Director in writing within ten days after receipt of the written notice. Failure on the part of an applicant to file a written appeal within the allotted ten-day period shall be deemed as acceptance of the denial of the license on the part of the applicant, and such applicant shall not be eligible for further administrative appeal.
      (5)   Each trucked waste operator's license shall be valid for two years from its date of issuance, unless otherwise suspended or revoked. A licensee must reapply for a new license at least sixty days prior to the expiration of the current license. Applications shall be made on a form approved by the Director.
      (6)   Any individual changing employers during the term of his or her trucked waste operator's license must notify the Director, in writing, of the change in employer within two weeks after change, but need not apply for a new license.
   (d)   Permit or License Revocation. Noncompliance with any part of this section or subsequent regulations or orders as issued by the Director or other sections of this chapter or sections of other applicable City ordinances shall subject the licensee and/or the permit holder to revocation of the license and/or permit to utilize the services of the City of Newark Wastewater Treatment Plant for the disposal of trucked wastes. The permit and/or the license holder shall be provided written notice of any revocation. The permit and/or the license holder may appeal the revocation to the Director in writing, within ten days of receipt of the notice of revocation. Failure to appeal the revocation within ten days of notification of the revocation shall be deemed agreement upon the part of the licensee or the permit holder to the revocation of that license or permit. Reissuance of any license or permit, after revocation, shall be at the discretion of the Director, and may be made subject to such conditions as the Director deems appropriate.
   (e)   Permit or License Suspension.
      (1)   In lieu of revocation of any license or permit, the Director may, at his or her discretion, suspend any license or permit for noncompliance with any part of this section, or pursuant to regulations or orders, for a period not to exceed sixty days. The permit and/or the license holder shall be provided with written notification of the suspension. The permit and/or the license holder may appeal the suspension to the Director in writing within ten days of receipt of the notice of the suspension. Failure on the part of the licensee or the permit holder to appeal the suspension within ten days of receipt of the notice of the suspension shall be deemed agreement on the part of the licensee or the permit holder to the conditions of the suspension.
      (2)   No person shall use any truck under a permit suspension to discharge waste to the City of Newark Wastewater Treatment Plant during the period of the suspension, even if the truck is sold or leased to another party during the period of suspension.
      (3)   No trucked waste operator shall operate any vehicle discharging waste to the City of Newark Wastewater Treatment Plant while under suspension even if the trucked waste operator changes employer and/or applies for a new trucked waste operator's license.
   (f)   Authority of Director to Adopt Regulations. The Director may establish such regulations as he or she deems necessary to control the discharge of trucked wastes to the City of Newark Wastewater Treatment Plant. The Director may restrict or prohibit the discharge of trucked waste to the City of Newark Wastewater Treatment Plant which originate from sources outside the municipal jurisdiction of the City of Newark. These regulations may include, but are not limited to:
      (1)   Provisions requiring the display of the vehicle permit number and tank capacity in gallons.
      (2)   Minimum equipment and maintenance standards for permitted vehicles.
      (3)   Standards and procedures for use of the City's trucked waste discharge facilities.
      (4)   Training requirements for license holders.
   (g)   Restrictions and Prohibitions. The Director may restrict or prohibit the discharge of any trucked waste to the City of Newark Wastewater Treatment Plant at his or her discretion. No trucked waste may be discharged to the City of Newark Wastewater Treatment Plant without the express, written permission of the Director or his or her designee on a manifest form as approved by the Director. The discharge of trucked wastes shall be permitted only at locations, and during such hours, as shall be established by the Director. Discharge of trucked waste to the sewer system at any other location, or at any other time, is a violation of this section. No trucked waste shall be discharged to the sewer system if it has any of the following components:
      (1)   Material not readily biodegradable or not known to be compatible with the treatment processes utilized in the POTW;
      (2)   Material deleterious to treatment plant operations or plant operators, such as oils and greases of a mineral origin, gasoline, toxic materials, flammables, solvents, paint materials, sand or other materials capable of causing physical damage to the POTW;
      (3)   Materials which would cause unusual expense in handling and/or treatment, unless prior arrangements have been made, at the discretion of the Director, for payment of additional costs of services;
      (4)   Any material regulated under a Federal Categorical Pretreatment Standard or any sludges or wastes resulting from treatment of materials under Federal Categorical Pretreatment Standards;
      (5)   Any materials which violate, or could violate, any prohibitive or restrictive provision of City of Newark ordinances or which violates any Federal or State industrial discharge standards, regulations or laws.
   No material, other than those from household sources origins, may be discharged to the City POTW as a trucked waste unless prior approval has been received by the hauler from the Director. Application for such approval, called a "waste evaluation form", shall be made on a form approved by the Director.
   (h)   Prohibited Activities. No trucked waste hauler shall access the sewer system or the POTW for any activity, including discharge or withdrawal of material, except at locations and at times as designated by the Director. Any removal of manhole lids, or other access to the sewer system at times and/or places other than those designated by the Director, or without express permission of the Director, shall be considered a violation of the conditions of this section, and shall subject the violator to revocation of his or her trucked waste discharge permit and/or operator's license, and/or other enforcement activity as indicated in this section and other applicable laws.
   (i)   Enforceability. Any and all conditions 'in any permit or license issued pursuant to this section are specifically and independently enforceable regardless of whether they are expressly required by or set out in this section.
(Ord. 98-48. Passed 10-19-98.)