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IWD permits shall be issued for a specified time period, not to exceed five years. An IWD permit may be issued for a period less than five years, at the discretion of the city manager. Each IWD permit shall indicate a specific date of expiration.
(`64 Code, Sec. 25-39) (Ord. No. 2494)
(A) An IWD permit shall include such conditions as are reasonably deemed necessary by the city manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate biosolids management and reuse, and protect against damage to the system.
(B) IWD permits shall contain:
(1) A statement of the duration of the permit, which in no event shall exceed five years;
(2) A statement that the permit is nontransferable without prior notification to and approval of the city manager in accordance with section 19-61, and provisions for furnishing the new owner or operator with a copy of the existing permit;
(3) Effluent limits, including BMPs based on applicable pretreatment standards;
(4) Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, State and local law;
(5) A statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, State or local law; and
(6) Requirements to control slug discharge, if determined by the city manager to be necessary.
(C) IWD permits may contain additions as the city manager deems necessary, including, but not limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the system;
(3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the system;
(5) Requirements for installation and maintenance of inspection and sampling, facilities and equipment;
(6) A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable federal and State pretreatment standards, including those that become effective during the term of the permit; and
(7) Other conditions as deemed appropriate by the city manager to ensure compliance with this article, and State and federal laws, rules and regulations.
(`64 Code, Sec. 25-40) (Ord. No. 2494, 2761)
(A) Any person, including the user, may petition the city to reconsider the terms of an IWD permit by filing a petition for reconsideration with the city clerk within ten days of its issuance.
(B) Failure to submit a timely petition for reconsideration shall be deemed to be a waiver of the administrative remedy.
(C) The petition for reconsideration shall set out the permit provisions objected to, the reasons for this objection, and the proposed alternative condition, if any, the petitioner seeks to be included in the permit.
(D) The conditions and provisions of the permit objected to by the user shall not be stayed pending a hearing on the petition.
(E) If the city manager fails to act within 45 days, the petition shall be deemed approved. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions.
(F) Parties seeking judicial review of such final administrative petitions shall comply with the requirements set out in Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.
(`64 Code, Sec. 25-41) (Ord. No. 2494)
(A) The city manager may modify a permit for good cause.
(B) Good cause includes, but is not limited to, the following reasons:
(1) To incorporate any new or revised federal, State or local pretreatment standards or requirements;
(2) To address significant alterations or additions to the user's operation, processes, or wastewater volume or characteristic since the time of permit issuance;
(3) A change in the system that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the system, city employees, or the receiving waters;
(5) Violation of any terms or conditions of the permit;
(6) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment standard pursuant to 40 CFR Part 403.13;
(8) To correct typographical or other errors in the permit; or
(9) To reflect transfer of the facility ownership and/or operation to a new owner/operator.
(`64 Code, Sec. 25-42) (Ord. No. 2494)
(A) IWD permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the city manager and the city manager approves the transfer. The notice shall include a written certification by the new owner or operator that:
(1) The new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing permit.
(B) Failure to provide advance notice of a transfer renders the permit void as of the date of facility transfer.
(`64 Code, Sec. 25-43) (Ord. No. 2494)
(A) The city manager may revoke an IWD permit for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the city manager of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the city manager of changed conditions pursuant to section 19-75 of this article;
(3) Misrepresentation or failure to fully disclose all relevant facts in the permit application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the city manager timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer use charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the permit application;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) Violation of any pretreatment standard or requirement, or any terms of the permit or this article.
(B) IWD permits shall be voidable upon cessation of operations or transfer of business ownership. All IWD permits issued to a particular user are void upon the issuance of a new IWD permit to that user.
(`64 Code, Sec. 25-44) (Ord. No. 2494)
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