Azusa Municipal Code Div. 2 Permits and Plans

Footnotes:

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Cross reference— Businesses generally, ch. 18.

A person shall not discharge or deposit or cause or suffer to be discharged or deposited any industrial waste or effluent in or upon incorporated territory of the city or into streams or bodies of water or storm drains or flood control channels without first securing in the manner provided in this division a permit from the city engineer to do so and without at all times having an unrevoked permit therefor.

(Code 1971, § 16.12.010)

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

(1) Industrial buildings connected to the public sewers in accordance with article IV of this chapter for the disposal of all industrial wastes therefrom.

(2) Industrial buildings which involve only the disposal of domestic sewage and uncontaminated cooling water or innocuous materials into septic tanks, cesspools or seepage holes approved by the health officer.

(Code 1971, § 16.12.020)

Under this division, 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 and giving his mailing address and such evidence of the transfer of title or interest as the city engineer may require.

(Code 1971, § 16.12.030)

Permits issued under this division are not transferable 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.

(Code 1971, § 16.12.040)

Any person requiring a permit under this division 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 shall require from the applicant, additional information, when he deems it necessary, to enable him to determine that the proposed work and plan of operation complies with the provisions of division 1 of this article.

(Code 1971, § 16.12.050)

If treatment is required to make the waste acceptable, the application for a permit required by this division 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 and the health officer. The city engineer may submit the application or plans or both to any public agency for comment or recommendation.

(Code 1971, § 16.12.060)

When, in the opinion of the city engineer and the health officer, the disposal of industrial wastes by an industry 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 provided elsewhere in this division.

(Code 1971, § 16.12.070)

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

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

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

(Code 1971, § 16.12.080)

Whenever an application for permit filed under this division 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.

(Code 1971, § 16.12.090)

Under this division, whenever an application for permit is filed, the city engineer shall notify the health officer and such other public agencies as in his opinion may be affected and shall request a prompt reply containing their recommendations. Upon request, he shall 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.

(Code 1971, § 16.12.100)

The city engineer shall issue a permit as required by this division if he determines that all of the following conditions have been met:

(1) All fees or deposits required in this division have been paid.

(2) Recommendations and conditions of the various public agencies, as contained in their reports, if any, have been met. The city engineer may waive this subsection except as to the requirements of the health officer.

(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 not or will not involve disposal of any toxic materials or chemicals in such manner as to cause pollution of any stream, watercourse, lake or other body of water or underground or surface water storage reservoir, either natural or artificial.

(5) The material to be discharged or deposited does not or will not damage any storm drain, channel or any public or private property.

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

(Code 1971, § 16.12.110)

Under this division, the city engineer may issue a permit containing limitations or conditions or both, in addition to those recommended by the health officer, but in such permit he shall include all limitations and conditions recommended by the health officer.

(Code 1971, § 16.12.120)

(a) The city engineer shall either grant or deny a permit under this division within 30 days after receipt of the application.

(b) The city engineer shall immediately notify the applicant whenever he grants a permit, denies a permit or grants a permit subject to special condition or limitations.

(Code 1971, § 16.12.130)

Under this division, 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 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.

(Code 1971, § 16.12.140)

(a) When the city engineer finds as a fact that industrial waste, effluent or any other material is being discharged or deposited in such 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 storm drain, channel or public or private property, he shall serve notice of violation upon the person owning or operating the premises, describing the conditions and requiring prompt correction thereof.

(b) When the health officer finds that industrial waste or effluent or any other material is being discharged or deposited in such manner as to create a menace to the public health, he may serve notice of violation upon the person owning or operating the premises, describing the conditions and requiring the prompt correction thereof and shall so notify the city engineer.

(Code 1971, § 16.12.150)

A person who is required to but does not have a permit required under this article and who has been notified by the city engineer that he is operating in violation of this article, shall immediately apply for a permit and shall rectify and cure all such violations. Failure so to do shall constitute willful violation of this article.

(Code 1971, § 16.12.160)

When the conditions described in section 78-255 are so aggravated that immediate cessation of operations is necessary and the city engineer so finds as a fact, he shall suspend the permit required under this division. 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 with section 78-255, are not corrected within the time specified in such notice.

(Code 1971, § 16.12.170)

Under this division, the city engineer may recommend to the council that a suspended permit be revoked and request a public hearing.

(Code 1971, § 16.12.180)

The city engineer shall immediately notify the permittee of suspension of permit issued under this division or of the recommendation to the council that such permit be revoked or both.

(Code 1971, § 16.12.190)

Under this division, a person whose permit has been suspended or who has been notified of violation, as provided in section 78-255, shall immediately discontinue the deposit or discharge of industrial waste, sewage or effluent and shall not resume such deposit or discharge until a permit has been issued or reinstated by the city engineer or the council as provided in this division. Failure to do so shall constitute willful violation of this article.

(Code 1971, § 16.12.200)

Under this division, within the time specified in the notice of violation or suspension, the permittee shall:

(1) Correct and remedy the conditions so specified, to the satisfaction of the city engineer;

(2) File with the council a denial that all of the conditions so specified exist, request a public hearing and correct the conditions which the permittee admits do exist; or

(3) File with the council a denial that any of the conditions so specified exist and request a public hearing.

(Code 1971, § 16.12.210)

The city engineer may reinstate a permit which has been suspended under this division when all violations are corrected.

(Code 1971, § 16.12.220)

Within 30 days after application for a hearing has been requested as provided in this division, the council shall give notice of the time and place of public hearing to the applicant or permittee, the health officer and the city engineer, at least ten days in advance of the date set for such hearing.

(Code 1971, § 16.12.230)

After a public hearing requested by an applicant pursuant to this division, a permittee or the city engineer, the council may:

(1) Confirm the action of the city engineer in denying a permit or issuance of a permit subject to special conditions and limitations.

(2) Instruct the city engineer to issue a permit without conditions or limitations or with such special conditions and limitations as the council may designate.

(3) Continue suspension of an existing permit invoked by the city engineer pending correction of objectionable conditions by the permittee.

(4) Remove the suspension of an existing permit invoked by the city engineer pending correction of objectionable conditions by the permittee.

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

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

a. Failure of the permittee to correct conditions as required by the city engineer.

b. Conditions which would justify the denial of a permit.

c. Fraud or deceit was employed in the obtaining of a permit.

d. Any other violation of this article.

(Code 1971, § 16.12.240)

(a) In granting, denying, suspending or revoking any permit under this division, the city engineer and the council act in a purely administrative capacity. This division does not delegate any judicial or quasijudicial power to either the city engineer or to the council.

(b) Any person affected by such action shall be entitled to a trial de novo and an independent determination of the reasonableness and legality of such administrative action in a court of competent jurisdiction on all the issues of law, facts and mixed questions of law and facts and opinions therein involved.

(Code 1971, § 16.12.250)

This division does not require the payment of any fee where the collecting of such fee is prohibited by Government Code § 6103 or by any other statute.

(Code 1971, § 16.12.260)

Before issuing any permit as required by this division, the city engineer shall collect a fee in such amount as established by the city council from time to time, which fee shall be separate and apart from any fees or deposits collected or imposed under any other ordinance or regulation or because of any license, agreement or contract between the applicant and any other public agency.

(Code 1971, § 16.12.270)

If the work authorized by a permit for construction of an industrial connection sewer, sewage treatment plant or industrial waste treatment plant or facility or other similar appurtenance is not started within 120 days from the date of issuance, such permit shall thenceforth be null and void and the permit fee paid under this division shall be forfeited. Before such work can be started, a new permit shall be applied for, and the same fee as fixed in this division for the original permit shall be paid therefor.

(Code 1971, § 16.12.280)

(a) Whenever, in the opinion of the city engineer, special field investigation is required or when plans for construction of any industrial sewer, sewage treatment plant or industrial waste treatment plant or facility must be checked and approved, the applicant shall deposit a sum estimated to cover the cost of checking the plans based on the following schedule:

(1) For sewage treatment plants or industrial waste treatment plants or other facilities, such amount as established by the council from time to time times the estimated number of man-days required for checking the plans and making field examinations; and

(2) An amount equal to ten percent of the such amounts to cover indirect costs.

(b) In no case shall the deposit be less than such amount as established by the council from time to time.

(Code 1971, § 16.12.290)

Before granting any permit for the construction of an industrial sewer or sewage treatment plant or industrial waste treatment plant or facility, the city engineer shall collect from the applicant a deposit of money which the city engineer estimates to be sufficient to cover the costs of field inspection of the proposed construction and of preparing or procuring record plans. The amount of deposit required under this section shall be calculated from the following schedule:

(1) For inspection of construction, the estimated number of inspection man-days times the inspector's rate of pay, and in no case less than such amount as established by the council from time to time;

(2) For preparing record plans, such amount as established by the council from time to time times the estimated number of man-days required, but in no case less than such amount as established by the council from time to time; and

(3) An amount equal to ten percent of the amounts stated in subsections (1) and (2) of this section to cover indirect costs.

(Code 1971, § 16.12.300)

If the actual cost to the city for checking plans or inspecting construction or preparing record plans under this division, including supervision, mileage, and other incidental expenses, is more than the amount deposited by the applicant, the applicant shall deposit the deficiency. If the actual cost is less than the amount deposited by the applicant, the unused balance of the deposit shall be refunded in the same manner as provided by law for the repayment of trust moneys.

(Code 1971, § 16.12.310)

The city engineer shall keep a permanent and accurate account of all fees and deposits received under this division, giving the names and addresses of the persons upon whose accounts the fees and deposits were paid or deposited, the date and amount thereof and the number of the permits granted, if any. The city engineer shall pay all fees received by him into the treasury on the following business day and take the treasurer's receipt therefor.

(Code 1971, § 16.12.320)