SEC. 19-59. APPEALS.

   (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)

SEC. 19-60. MODIFICATION.

   (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)

SEC. 19-61. TRANSFER.

   (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)

SEC. 19-62. REVOCATION.

   (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)

SEC. 19-63. REISSUANCE.

   A user holding an expiring IWD permit shall apply for reissuance of the permit by submitting a complete IWD permit application in accordance with sections 19-54 and 19-55 of this article, at least 90 days prior to the expiration of the user's existing permit.

(`64 Code, Sec. 25-45) (Ord. No. 2494)

SEC. 19-64. CONTINUATION OF EXPIRED INDUSTRIAL WASTEWATER DISCHARGE PERMITS.

   An expired IWD permit will continue to be effective and enforceable until the permit is reissued if:

   (A)   The user has submitted a complete IWD permit application at least 90 days prior to the expiration date of the user's existing permit; and

   (B)   The failure to reissue the IWD permit before the expiration of the existing permit is not due to any act or failure to act on the part of the user.

(`64 Code, Sec. 25-46) (Ord. No. 2494)

SEC. 19-65. MUNICIPAL USER PERMITS.

   (A)   If another legal jurisdiction outside the city, or user located within another legal jurisdiction outside the system, contributes wastewater to the system, the city manager shall enter into an agreement for wastewater services with the municipality or users pursuant to section 19-53 of this article.

   (B)   Prior to entering into an agreement required by subsection (A) of this section, the city manager shall request the following information from the contributing municipality:

      (1)   A description of the quality and volume of wastewater discharged to the system by the contributing municipality;

      (2)   An inventory of all users within the contributing municipality that are discharging to the system; and

      (3)   Any other information as the city manager may deem necessary.

   (C)   An agreement, as required by subsection (A) of this section, shall contain the following conditions:

      (1)   A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits that are at least as stringent as those established under authority of section 19-26. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to this article or local limits;

      (2)   A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

      (3)   A provision specifying which pretreatment implementation activities, including IWD permit issuance, inspection and sampling, and enforcement will be conducted by the contributing municipality; which of these will be conducted by the city manager; and which of these activities will be conducted jointly by the contributing municipality and the city manager;

      (4)   A requirement for the contributing municipality to provide the city manager with access to all information that the contributing municipality obtains as part of its pretreatment activities;

      (5)   Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the system;

      (6)   Requirements for monitoring the contributing municipality's discharge;

      (7)   A provision ensuring the city manager access to the facilities of users located in the contributing municipality's jurisdictional boundaries for the purpose of inspecting, sampling, and any other duties deemed necessary by the city manager; and

      (8)   A provision specifying remedies for breach of the terms of the agreement.

(`64 Code, Sec. 25-47) (Ord. No. 2494)