Chapter 13.16
INDUSTRIAL WASTE PERMITS
Sections:
13.16.010 Discharge of materials regulated.
13.16.020 Construction of industrial buildings – Permit application.
13.16.030 Construction of industrial buildings – Approval of permit application.
13.16.040 Construction of industrial buildings – Issuance of permits.
13.16.050 Permits subject to limitations.
13.16.060 Requests for hearings on permits.
13.16.070 Investigations of violations.
13.16.080 Notices to correct violations.
13.16.090 Applications for permits following notices.
13.16.100 Suspension of permits.
13.16.110 Recommendations to revoke permits.
13.16.120 Notices of suspension or recommendations to revoke.
13.16.130 Discontinuance of discharges or deposits.
13.16.140 Rights of permittees following notices of violation or suspension.
13.16.150 Reinstatement of permits by the city engineer.
13.16.160 Council hearings – Notices.
13.16.170 Council action following hearings.
13.16.180 Permits not transferable to successors in interest.
13.16.190 Permits not transferable from one location to another.
13.16.210 Permit cancellation.
13.16.220 Applications for revised industrial waste disposal permits.
13.16.010 Discharge of materials regulated.
No person shall discharge or deposit, or cause or suffer to be discharged or deposited, at any time, or allow the continued existence of the deposit of any material which may create a public nuisance or menace to the public health or safety or which may pollute underground or surface waters, or which may cause damage to any storm drain channel or public or private property. (Prior code § 5-4.1201)
13.16.020 Construction of industrial buildings – Permit application.
Every person applying for a permit pursuant to the provisions of the Uniform Building Code for construction of a new industrial building, or for an addition or alteration to an existing industrial building, shall furnish to the city engineer such plans, information, data, statements or affidavits of the city engineer may require for determination of the nature and quantity of industrial waste involved and the facilities to be provided for the disposal thereof. (Prior code § 5-4.1202)
13.16.030 Construction of industrial buildings – Approval of permit application.
An application for a permit pursuant to the Uniform Building Code to construct a new industrial building, or for an addition or alteration to an existing industrial building, shall not be approved until provision has been made for the installation of such pre-treatment facilities and disposal methods, or both, as, in the opinion of the city engineer, is necessary to carry out the provisions and intent of this chapter. (Prior code § 5-4.1203)
13.16.040 Construction of industrial buildings – Issuance of permits.
The city engineer shall either grant or deny a permit within thirty days after the receipt of the application.
The city engineer shall notify immediately the applicant whenever he grants a permit, denies a permit, grants a permit subject to special conditions or limitations, or adds to or eliminates any condition or limitation of an existing permit. (Prior code § 5-4.1205)
13.16.050 Permits subject to limitations.
The city engineer may issue a permit containing limitations or conditions, or both, in addition to those recommended by the health officer, or may modify an existing permit by the addition or elimination of such conditions and limitations as may be necessary to accomplish the purposes of this chapter, but a permit covering the discharge, deposit or disposal of wastes other than to a public sewer shall include all the limitations and conditions recommended by the health officer. (Prior code § 5-4.1206)
13.16.060 Requests for hearings on permits.
Within thirty days after the receipt of a notice of the denial of a permit, the granting of a permit subject to conditions or limitations, or the addition of conditions or limitations to an existing permit, the applicant or permittee may file with the council a written demand for a public hearing. If he does not do so, he shall be deemed to have consented to the action of the city engineer and such action shall be final. (Prior code § 5-4.1207)
13.16.070 Investigations of violations.
Notwithstanding any exception mentioned in this chapter, the city engineer shall promptly investigate every complaint charging a violation of any of the provisions of this chapter and shall take action to correct any violation discovered. (Prior code § 5-4.1204)
13.16.080 Notices to correct violations.
A. The city engineer may serve a notice of violation upon the person owning or operating premises, describing the conditions and requiring prompt correction thereof, when he finds that:
1. Industrial wastes, effluent or any other material is being maintained, discharged or deposited in such a manner as to create, or if allowed to continue will create, any one or more of the following conditions:
a. A public nuisance,
b. A menace to the public safety,
c. The pollution of underground or surface waters, or
d. Adverse effects or damages to any public sewer, storm drain, channel, or public or private property; or that
2. The permittee has failed to conform with the conditions or limitations of any permit issued in accordance with this chapter.
B. Failure to comply with such notice shall constitute a wilful violation of this chapter. (Prior code § 5-4.1208)
13.16.090 Applications for permits following notices.
A person who is required to have, but does not have, a permit, and who has been notified by the city engineer that he is required to obtain a permit pursuant to the provisions of this chapter, shall immediately apply for the required permit and shall rectify and cure all such violations. Failure to do so shall constitute a wilful violation of this chapter. (Prior code § 5-4.1209)
13.16.100 Suspension of permits.
When the conditions described in Section 13.16.080 are so aggravated that the immediate cessation of operations is necessary, and the city engineer so finds as a fact, he shall suspend the permit. He shall serve notice of such suspension on the permittee. The city engineer may also suspend a permit if the objectionable conditions listed in a notice to correct, served in accordance with Section 13.16.080, are not corrected within the time specified in such notice. (Prior code § 5-4.1210)
13.16.110 Recommendations to revoke permits.
The city engineer may recommend to the council that a suspended permit be revoked. (Prior code § 5-4.1211)
13.16.120 Notices of suspension or recommendations to revoke.
The city engineer shall immediately notify the permittee of the suspension of the permit or of a recommendation to the council that such permit be revoked, or both. (Prior code § 5-4.1212)
13.16.130 Discontinuance of discharges or deposits.
A person whose permit has been suspended, or who has been notified of a violation as provided in this chapter, shall immediately discontinue the deposit or discharge of industrial wastes, sewage or effluent and shall not resume such deposits or discharges until a permit has been issued or reinstated by the city engineer or council as provided in this chapter. Failure so to do shall constitute a wilful violation of this chapter. (Prior code § 5-4.1213)
13.16.140 Rights of permittees following notices of violation or suspension.
Within the time specified in the notice of violation or suspension, the permittee shall:
A. Correct and remedy the conditions so specified to the satisfaction of the city engineer;
B. File with the council a denial that all of the conditions which the permittee admits do exist; or
C. File with the council a denial that any of the conditions so specified exist and request a public hearing. (Prior code § 5-4.1214)
13.16.150 Reinstatement of permits by the city engineer.
The city engineer shall reinstate a suspended permit when all violations have been corrected and all the fees required by this chapter have been paid. (Prior code § 5-4.1215)
13.16.160 Council hearings – Notices.
Within thirty days after an application for a hearing has been requested, the council shall give notice of the time and place of the public hearing to the applicant or permittee, the city engineer, and to the health officer, when matters pertaining to public health are involved, at least ten days in advance of the date set for such hearing. (Prior code § 5-4.1216)
13.16.170 Council action following hearings.
After a public hearing requested by the applicant or a permittee, the council may:
A. Confirm the action of the city engineer in denying a permit or the issuance of a permit subject to special conditions and limitations;
B. Instruct the city engineer to issue a permit without conditions or limitations or with such special conditions and limitations as the council may designate;
C. Continue the suspension of an existing permit invoked by the city engineer pending the correction of objectionable conditions by the permittee;
D. Remove the suspension of an existing permit invoked by the city engineer pending the correction of objectionable conditions by the permittee;
E. Deny that objectionable conditions exist and reinstate an existing permit; or
F. Revoke an existing permit on any of the following grounds:
1. The failure of the permittee to correct conditions as required by the city engineer,
2. Conditions which would justify the denial of a permit,
3. If fraud or deceit was employed in obtaining the permit, or
4. For any other violation of this chapter or of any permit, license or exception granted by this chapter. (Prior code § 5-4.1217)
13.16.180 Permits not transferable to successors in interest.
The successor in title or interest of a premises for which a permit had previously been granted shall file with the city engineer a new permit application in accordance with the provisions of Sections 13.08.050 or 13.12.040 within thirty days after the assumption of such title or interest and shall furnish plans and data as may be required by the city engineer. If it appears from the application and data that the succeeding operation and disposal practices comply with the provisions of this chapter, the city engineer, upon the receipt of the fees required by this chapter, shall issue such permit. (Prior code § 5-4.1219)
13.16.190 Permits not transferable from one location to another.
Permits issued under the provisions of this chapter shall not be transferable from one location to another, and discharge of wastes shall be made strictly in accordance with all the provisions contained in the permit at the location specifically designated therein. (Prior code § 5-4.1220)
13.16.200 Automatic permits.
Persons legally discharging industrial liquid wastes into the public sewer or otherwise on or prior to March 27, 1958, are automatically granted an industrial waste disposal permit. (Prior code § 5-4.1221)
13.16.210 Permit cancellation.
A. A person owning or operating premises containing industrial waste treatment or disposal facilities operated under a valid permit issued under the provisions of this chapter may file a written request with the city engineer to cancel such permit upon the termination of operations. Upon the receipt of such a request the city engineer shall investigate and cancel the permit if he determines that:
1. All industrial waste producing operations have ceased;
2. Any industrial waste treatment facilities have been rendered inoperable to prevent further use;
3. All permits to abandon or disconnect as may be required by the plumbing code of the city have been obtained;
4. Any industrial wastes remaining on the premises have been removed to a legal point of disposal; and
5. All fees required by this chapter due up to the date of the request for cancellation have been paid.
B. Should the city engineer deny a request for a permit cancellation, the owner or operator of any facilities required by the permit shall maintain such facilities in good operating condition and pay all the fees required by this chapter to maintain a valid permit. (Prior code § 5-4.1221.1)
13.16.220 Applications for revised industrial waste disposal permits.
A permittee shall submit to the city engineer an application for a revised industrial waste disposal permit and obtain approval prior to effecting any of the following waste discharge conditions:
A. A change in the method of disposal;
B. A change in the disposal point for nonsewered discharges;
C. A change in the discharge volume affecting treatment or storage facilities; or
D. A change in the character of the waste discharge. (Prior code § 5-4.1221.2)