Alhambra Municipal Code Ch. 17.12 Permits

A person shall not discharge or deposit, or cause or suffer to be discharged or deposited, any industrial waste in or upon incorporated territory of the city or into any public sewer or waterway without first securing, in the manner provided in this chapter, a permit from the City Engineer so to do, and at all times having an unrevoked permit therefor.

('86 Code, § 17.12.010) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - ) Penalty, see § 1.12.010

No permit shall be required under this chapter for the following:

(A) Industrial buildings connected to the public sewers in accordance with provisions of the City Code for the disposal of all domestic sewage therefrom.

(B) Industrial buildings which involve only the disposal of uncontaminated cooling water, or innocuous materials into public sewers, septic tanks, cesspools or seepage holes in a manner approved by the Superintendent of Building, Health Officer, county sanitation districts, and the Regional Water Pollution Control Board.

('86 Code, § 17.12.020) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - )

The City Engineer shall transfer a permit to the successor in title or interest of the premises for which the permit was granted if such successor files with the City Engineer a written application signed by such successor, agreeing to comply with all the conditions of the permit, giving his mail address and such evidence of the transfer of title or interest as the City Engineer may require.

('86 Code, § 17.12.030) (Ord. 2503, passed - - )

Permits issued under this chapter are not trans-ferable from one location to another, and discharge of wastes shall be made strictly in accordance with all provisions contained in the permit, at the location specifically designated therein.

('86 Code, § 17.12.040) (Ord. 2503, passed - - ) Penalty, see § 1.12.010

Any person requiring a permit under the provisions of this chapter shall make written application therefor to the City Engineer, giving such information as the City Engineer may require. The City Engineer shall provide printed application forms, indicating thereon the information to be furnished by the applicant. The City Engineer and Superintendent of Building may require from the applicant in addition to the information furnished on the printed form, any additional information including detailed plans and specifications which will enable the City Engineer and the Superintendent of Building to deter-mine that the proposed work and plan of operation complies with the provisions of this chapter.

('86 Code, § 17.12.050) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - )

In the event treatment is required to make the waste acceptable, the application for a permit to dispose of industrial waste shall be accompanied by four copies of suitable plans showing the method of collection and treatment proposed to be used, and a permit shall not be issued until the plans or required modification thereof have been checked and approved by the City Engineer, Superintendent of Building and the Health Officer.

('86 Code, § 17.12.060) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - )

When, in the opinion of the City Engineer, Superintendent of Building and the Health Officer, the disposal of industrial wastes can be effected in a manner which will not endanger the public health or safety, create a public nuisance, pollute underground or surface waters, or cause damage to public or private property, a permit may be granted without special plans or other requirements as elsewhere in this chapter provided.

('86 Code, § 17.12.070) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - )

Whenever facilities for the discharge of industrial waste connect to structures or encroach on the property or rights-of-way of a public agency, whether owned or controlled by it, the City Engineer shall either:

(A) Require that the applicant obtain a property use permit, license, easement or other right to use such properties prior to the issuance of a permit to dispose of industrial waste; or

(B) Issue such permit subject to the execution of a property use permit, license, easement or other right to use such property.

('86 Code, § 17.12.080) (Ord. 2503, passed - - )

Whenever an application for permit filed under provisions of this chapter will necessitate any excavation or fill in, upon or under any state highways, the applicant shall obtain a permit from the state Department of Public Works (division of highways).

('86 Code, § 17.12.090) (Ord. 2503, passed - - ) Penalty, see § 1.12.010

Whenever an application for permit is filed, the City Engineer shall notify the Superintendent of Building and the Health Officer. Upon request, he may secure from the applicant and furnish to the affected department or agency, such additional plans or information as it may require, relative to such application.

('86 Code, § 17.12.100) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - )

(A) The City Engineer shall issue a permit as required by this chapter if he determines that all of the following conditions have been complied with:

(1) All fees or deposits required by this chapter have been paid.

(2) Conditions of the various public agencies, as contained on their reports, if any, have been complied with. The City Engineer, however, may waive this provision, except as to the require-ments of the Superintendent of Building, Health Officer, county sanitation districts, and the Regional Water Pollution Control Board.

(3) The material to be discharged or deposited does not or will not, in the opinion of the health officer, constitute a potential public nuisance or menace to the public health and safety and will not violate other provisions of the state health and safety code.

(4) The material to be discharged or deposited does in the opinion of the county sanitation district or the Regional Water Pollution Control Board meet their requirements.

(5) The material to be discharged or deposited does not or will not involve disposal of any toxic materials or chemicals in such manner as to cause pollution of any waterway, lake or other body of water or underground or surface water storage reservoir, either natural or artificial.

(6) The material to be discharged or deposited does not or will not damage any waterway, public sewer, sewage treatment plant or process, or any public or private property.

(B) Under existing circumstances and conditions it is necessary and reasonable so to dispose of such waste matter.

('86 Code, § 17.12.110) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - ) Penalty, see § 1.12.010

The City Engineer may issue a permit containing limitations or conditions, or both, in addition to those imposed by the Superintendent of Building, Health Officer, county sanitation district or the Regional Water Pollution Control Board, but in such permit he shall include all limitations and conditions imposed by the Superintendent of Building, Health Officer or county sanitation district.

('86 Code, § 17.12.120) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - )

All work required by a permit shall be completed in accordance with provisions of this chapter within 180 days from the date of the original permit.

('86 Code, § 17.12.130) (Ord. 2503, passed - - ) Penalty, see § 1.12.010

The City Engineer shall either grant or deny a permit within 30 days after receipt of the application. The City Engineer shall immediately notify the applicant whenever he grants a permit, denies a permit or grants a permit subject to special conditions or limitations.

('86 Code, § 17.12.140) (Ord. 2503, passed - - ) Penalty, see § 1.12.010

Within 30 days after receipt of notice of denial of a permit or granting of a permit subject to conditions or limitations, the applicant may file with the City 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.

('86 Code, § 17.12.150) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - )

When the City Engineer or Superintendent of Building finds as a fact that industrial waste, effluent or any other material is being discharged or deposited in such a manner as to create a public nuisance, a menace to the public safety, pollution of underground or surface waters, or which may cause damage to any waterway, public sewer, public or private property or sewage treatment plant or process, he shall serve notice of violation upon the person owning or operating the premises, describing the conditions and requiring prompt correction thereof.

('86 Code, § 17.12.160) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - )

A person who is required to, but does not, have a permit and who has been notified by the City Engineer that he is operating in violation of pro-visions of this chapter, shall immediately apply for a permit and shall rectify and cure all such violations. Failure so to do shall constitute wilful violation of this chapter.

('86 Code, § 17.12.170) (Ord. 2503, passed - - ) Penalty, see § 1.12.010

When the conditions described in this chapter under notice to correct violations are so aggravated that immediate cessation of operation 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 objectionable conditions listed in a notice to correct, served in accordance under notice to correct violations herein are not corrected within the time specified in such notice.

('86 Code, § 17.12.180) (Ord. 2503, passed - - )

The City Engineer may recommend to the City Council that a suspended permit be revoked and request a public hearing.

('86 Code, § 17.12.190) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - )

The City Engineer shall immediately notify the permittee of suspension of permit or of his recommendation to the City Council that such permit be revoked.

('86 Code, § 17.12.200) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - )

A person whose permit has been suspended, or who has been notified of violation, as provided in this chapter under notice to correct violations, shall immediately discontinue the deposit or discharge of industrial waste, sewage effluent, and shall not resume such deposit or discharge until a permit has been issued or reinstated by the City Engineer or the City Council. Failure so to do shall constitute willful violation of this chapter.

('86 Code, § 17.12.210) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - ) Penalty, see § 1.12.010

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 City Council a denial that all of the conditions so specified exist, request a public hearing and correct the conditions which the permittee admits to exist;

(C) File with the City Council a denial that any of the conditions so specified exist and request a public hearing.

('86 Code, § 17.12.220) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - ) Penalty, see § 1.12.010

The City Engineer may reinstate a suspended permit when all violations are corrected.

('86 Code, § 17.12.230) (Ord. 2503, passed - - )

Within 30 days after application for a hearing has been requested, the City Council shall give notice of the time and place of public hearings to the applicant or permittee, the Health Officer, Regional Water Pollution Control Board, county sanitation districts, City Engineer and Superintendent of Building, at least ten days in advance of the date set for such hearing.

('86 Code, § 17.12.240) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - )

After a public hearing requested by an applicant, permittee or the City Engineer, as provided for in the preceding section, the City Council may:

(A) Confirm the action of the City Engineer in denying a permit, or 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 City Council may designate.

(C) Continue suspension of an existing permit invoked by the City Engineer pending correction of objectionable conditions by the permittee.

(D) Remove the suspension of an existing permit invoked by the City Engineer pending correction of objectionable conditions by the permittee.

(E) Deny that objectionable conditions exist and reinstate an existing permit.

(F) Revoke an existing permit on any of the following grounds:

(1) Failure of the permittee to correct conditions as required by the City Engineer.

(2) Conditions which would justify the denial of a permit.

(3) Fraud or deceit was employed in the obtaining of a permit.

(4) Any other violation of this chapter.

('86 Code, § 17.12.250) (Ord. 2503, passed - - ; Am. Ord. 3026, passed - - ) Penalty, see § 17.12.010