§ 18-2-26 STANDARDS FOR DETERMINING WHETHER TO ISSUE PERMITS AND DETERMINING PERMIT CONDITIONS.
   (A)   In determining whether to issue any permit authorized by this chapter, and in determining any conditions to which the permittee shall be subject, the City Manager shall attempt to reconcile the following objectives of the city. No significance shall be given to the order in which these objectives are listed that:
      (1)   Industrial users be able to operate their businesses efficiently and profitably;
      (2)   Differences in the treatment of industrial users and of wholesale users be justified on the basis of differing circumstances;
      (3)    The city’s sanitary sewer system and wastewater treatment plant be operated safely, efficiently, and in conformity with all applicable provisions of this code and any applicable laws or regulations of the state and the United States of America;
      (4)   Revenues generated by the operation of the city sanitary sewer system and wastewater treatment plant be adequate to meet the needs described in Article 4 of this Title 18; and
      (5)   Any excess capacity of the wastewater treatment plant be preserved for the accommodation of future growth and new industry.
   (B)   In determining whether to issue any permit authorized by this chapter, and in determining any conditions to which the permittee shall be subject, the City Manager shall consider the following:
      (1)   The nature of the permittee’s business in the case of an industrial user or, in the case of a wholesale user, the nature of the other users from whom the wholesale user collects sewage;
      (2)   Relevant aspects of the past history of the permittee including, but not limited to:
         (a)   Past violations of laws, permit conditions, or contract conditions, or the absence of such;
         (b)   The characteristics of the sewage which has been discharged by the permittee in the past;
         (c)   The volume of the sewage which has been discharged by the permittee in the past; and
         (d)   The sporadic nature of discharges by the permittee in the past, or the absence of such.
      (3)   The characteristics and volume of sewage discharged by businesses fairly comparable to that of the permittee;
      (4)   The capacity of the city’s wastewater treatment plant; and
      (5)   Any other fact deemed relevant by the City Manager to the accomplishment of the objectives described in division (A) above.
(Ord. 3566, passed - -1997)