§ 8-35. Permits

(a) Discharge permit procedure.

(1) Permit. On application of the owner of property or the operator of any facility, which property or facility is not otherwise subject to the requirements of a state general permit or a National Pollution Discharge Elimination System Permit regulating stormwater discharges, the director of public services, or the authorized inspector, may issue a permit authorizing the release of non-stormwater discharges to the stormwater drainage system if:

(i) The discharge of material or constituents is reasonably necessary for the conduct of otherwise legal activities on the property; and

(ii) The discharge will not cause a nuisance, impair the beneficial uses of receiving waters, or cause any reduction in established water quality standards.

(2) Application. The applicant shall provide all information requested by the director of public services, or the authorized inspector, for review and consideration of the application, including but not limited to specific detail as to the activities to be conducted on the property, plans and specifications for facilities located on the property, identification of equipment or processes to be used on-site and other information as may be requested in order to determine the constituents, and quantities thereof, which may be discharged if permission is granted.

(3) Permit issuance. The permit shall be granted or denied by the director of public services, or his or her designated representative, no later than sixty (60) business days following the completion and acceptance of the application as determined by the director of public services.

(i) The applicant shall be notified in person or by first-class mail, postage prepaid, of the action taken.

(4) Permit conditions. The permit may include terms, conditions and requirements to ensure compliance with the objectives of this chapter and as necessary to protect the receiving waters, including but not limited to:

(i) Identification of the discharge location on the property and the location at which the discharge will enter the stormwater drainage system;

(ii) Identification of the constituents and quantities thereof to be discharged into the stormwater drainage system;

(iii) Specification of pollution prevention techniques and structural or non-structural control requirements as reasonably necessary to prevent the occurrence of potential discharges in violation of this chapter;

(iv) Requirements for self-monitoring of any discharge;

(v) Requirements for submission of documents for data, such as technical reports, production data, discharge reports, self-monitoring reports and waste manifests; and

(vi) Other terms and conditions appropriate to ensure compliance with the provisions of this chapter and the protection of receiving waters, including requirements for compliance with best management practices guidance documents approved by any federal, State of California or regional agency.

(5) General permit. In the discretion of the director of public services, or the authorized inspector, the permit may, in accordance with the conditions identified in paragraph (4) of this subsection (a), be prepared as a general permit applicable to a specific category of activities. If a general permit is issued, any person intending to discharge within the scope of the authorization provided by the general permit may do so by filing an application to discharge with the director of public services, or the authorized inspector. No discharge within the scope of the general permit shall occur until such application is so filed.

(i) Notwithstanding the foregoing in this paragraph (5), the director of public services, or the authorized inspector, in his or her discretion, may eliminate the requirement that an application for a general permit be filed for any specific activity for which a general permit has been issued.

(6) Permit fees. The permission to discharge shall be conditioned upon the applicant's payment of the city's costs, in accordance with a fee schedule adopted by separate resolution of city council, as follows:

(i) For individually issued permits, the costs of reviewing the permit application, preparing and issuing the permit, and the costs reasonably related to administrating this permit program.

(ii) For general permits, the costs of reviewing the permit application, that portion of the costs of preparing the general permit which is reasonably attributable to the permittee's application for the general permit program. Notwithstanding the foregoing, no permit fee shall be changed for a general permit issued pursuant to paragraph (5)(i) of this subsection(a).

(b) Permit suspension, revocation or modification.

(1) The director of public services, or the authorized inspector, may suspend or revoke any permit when it is determined that:

(i) The permittee has violated any term, condition or requirement of the permit or any applicable provision of this chapter; or

(ii) The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is no longer appropriate to except the discharge from the prohibitions on prohibited discharge contained within this chapter; or

(iii) The permittee fails to comply with any schedule for compliance issued pursuant to this chapter; or

(iv) Any regulatory agency, including EPA or a Regional Water Quality Control Board having jurisdiction over the discharge, notifies the city that the discharge should be terminated.

(2) The director of public services, or the authorized inspector, may modify any permit when it is determined that:

(i) Federal or state law requirements have changed in a manner that necessitates a change in the permit; or

(ii) The permittee's discharge or the circumstances under which the discharge occurs have changed so that it is appropriate to modify the permit's terms, conditions or requirements; or

(iii) A change to the permit is necessary to ensure compliance with the objectives of this chapter or to protect the quality of receiving waters.

(iv) The permittee, or in the case of a general permit, each person who has filed an application pursuant to this section, shall be informed of any change in the permit terms and conditions at least sixty (60) days prior to the effective date of the modified permit. In the case of a general permit issued pursuant to this section, any change in the permit terms and conditions shall be published in a newspaper of general circulation within the city at least sixty (60) days prior to the effective date of the modified permit.

(3) The determination that a permit shall be denied, suspended, revoked or modified may be appealed by a permittee pursuant to the same procedures applicable to appeal of an administrative compliance order hereunder. In the absence of a judicial order to the contrary, the permittee may continue to discharge pending issuance of the final administrative decision by the hearing officer.

(c) Permit enforcement.

(1) Penalties. Any violation of the terms, conditions and requirements of any permit issued by the director of public services, or the authorized inspector, shall constitute a violation of this chapter and subject the violator to the administrative, civil and criminal remedies available under this chapter and section 1-33

(d) Compliance with the terms, conditions and requirements of a permit issued pursuant to this chapter shall not relieve the permittee from compliance with all federal, state and local laws, regulations and permit requirements, applicable to the activity for which the permit is issued.

(1) Limited permittee rights. Permits issued under this chapter are for the person or entity identified therein as the "permittee" only, and authorize the specific operation at the specific location identified in the permit. The issuance of a permit does not vest the permittee with a continuing right to discharge.

(2) Transfer of permits. No permits issued to any person may be transferred to allow:

(i) A discharge to the stormwater drainage system at a location other than the location stated in the original permit; or

(ii) A discharge by a person other than the person named in the permit, provided however, that the city may approve a transfer if written approval is obtained, in advance, from the director of public services, or the authorized inspector.

(Ord. No. 97-20, § 2, 7-21-97)