Lancaster Municipal Code Art. 6 Industrial Waste—Permits

A person shall not discharge or deposit or cause or suffer to be discharged or deposited at any time or allow the continued existence of a 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.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

No person shall discharge or cause to be discharged any water or other substance added for the purpose of diluting any industrial waste to achieve compliance with limitations imposed by the provisions of this chapter.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Every

person applying for a permit pursuant to the provisions of the Building Code, as set out at Title 15 of this code, for construction of a new industrial building or for an addition or alteration to an existing industrial building shall furnish to the director such plans, information, data, statements or affidavits as the director may require for determination of the nature and quantity of industrial waste involved and the facilities to be provided for the disposal thereof.

An application for a permit pursuant to the Building Code to construct a new industrial building or for an addition or alteration to an existing industrial building will not be approved until provision has been made for the installation of such pretreatment facilities and disposal methods or both as, in the opinion of the director, are necessary to carry out the provisions and intent of this article.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

A. The director may issue a permit containing limitations or conditions, or both, in addition to those recommended by the county health officer, or may modify an existing permit by the addition of or elimination of such conditions and limitations as may be necessary to accomplish the purpose of this chapter; but in a permit covering the discharge deposit or disposal of wastes other than to the public sewer he shall include all limitations and conditions recommended by the county health officer.

B. Permits for the discharge of industrial wastes to a public sewer shall state the maximum permissible rate of discharge.

C. The director may impose a permit expiration date not to exceed a term of five years where the director determines such a date is necessary to insure compliance with all applicable laws and regulations governing the disposal of industrial wastes. Application for renewal of such a permit shall be made not later than one hundred eighty (180) days prior to the expiration date of the existing permit.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Every person having a permit issued pursuant to this chapter either automatically or otherwise within five days shall notify the director in writing of any change in any facts which are required to be stated in an application for a permit.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

A permittee shall submit to the director an application for revised industrial waste disposal permit and obtain approval prior to affecting any of the following waste-discharge conditions:

A. Change in method of disposal;

B. Change in disposal point for non-sewered discharge;

C. Change in discharge volume affecting treatment or storage facilities; or

D. Change in character of the waste discharge.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

An application for an industrial waste disposal permit for which no permit is issued within one hundred eighty (180) days following the date of application submittal shall expire by limitation. The application and other information submitted may thereafter be returned to the applicant or destroyed. The director may extend the time for action by the applicant for a period not to exceed one hundred eighty (180) days upon written request by the applicant showing that circumstances directly related to the processing of the application but beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit all necessary application forms and other data and pay a new application fee and plan review fee. No application shall be extended more than once.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

A. The director shall either grant or deny a permit within thirty (30) days after all fees required by this chapter have been paid and upon the receipt of the application complete with all supplemental data.

B. The director shall notify 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 conditions or limitations of an existing permit.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Within thirty (30) days after receipt of notice of denial of a permit, 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 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 director, and such action shall be final.

Within thirty (30) days after application for a hearing has been requested, the council shall give notice of the time and place of public hearings to the applicant or permittee, the director, and the county health officer when matters pertaining to public health are involved, at least twenty (20) days in advance of the date set for such hearing.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

After a public hearing requested by an applicant or a permittee, the council may:

A. Confirm the action of the director in denying a permit or issuance of a permit subject to special conditions and limitations;

B. Instruct the director to issue a permit without conditions or limitations or with such special conditions and limitations as the council may designate;

C. Continue suspension of an existing permit invoked by the director pending correction of objectionable conditions by the permittee;

D. Remove the suspension of an existing permit invoked by the director 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 director,

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 or of any permit, license or exception granted hereunder.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

A person who is required to, but does not have a permit and who has been notified by the director that he is required to obtain a permit pursuant to the provisions of this chapter shall immediately submit to the director an application and fee as required by this chapter for such permit, and shall rectify and cure all such violations. Failure to do so shall constitute a willful violation of this chapter.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

The successor in title or interest of a premises for which a permit had previously been granted shall file with the director a new permit application, in accordance with the provisions of Section 13.08.690 or 13.08.790, within thirty (30) days after assumption of such title or interest, and shall furnish plans and data as may be required by the director. If it appears from the application, data, and/or inspection of the facility that the succeeding operation and disposal practices comply with the provisions of this chapter, the director, upon receipt of the fees hereinafter required, shall issue such permit. The director may issue an interim permit pursuant to Section 13.08.575 to allow continued operations during the permit processing period.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Upon determination that any person is discharging industrial wastewater directly or indirectly to a facility regulated by this chapter without a valid permit or upon receipt of an application for a permit for an ongoing discharge, an interim permit may be issued by the director to allow the continuation of such discharge during the application review period, subject to such conditions, limitations, restrictions, and other provisions or requirements which the director determines are necessary or advisable to protect the city sewage collection system and to assure compliance with all federal, state and local laws and that the continuation of such discharge will not be detrimental to the public health and safety. An interim permit is revocable by the director at any time. Any person whose interim permit is revoked shall immediately cease and desist all unpermitted discharge of industrial waste. Unless revoked by the director, the interim permit shall be enforceable until such time as a permit is issued or denied by the director and shall be subject to annual inspection fees pursuant to Section 13.08.650. The discharger shall immediately comply with all of the provisions and requirements of such interim permit, and if the discharger has not already applied for a permit, shall apply for a permit within thirty (30) days from the issuance of the interim permit.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Permits issued under this chapter 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.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Any permittee required by the director, by permit or otherwise, to engage in periodic monitoring or sampling of a discharge shall notify the director by telephone at least forty-eight (48) hours in advance of any monitoring or sampling to be done. Prior to the commencement of any sampling or monitoring, the director may request that the permittee furnish the director a split sample and all supporting data. Each permittee shall submit to the director, certified under penalty of perjury by the permittee, its monitoring and sampling reports or other requested data.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

A. The director may serve notice of violation upon the person owning or operating premises describing the conditions and requiring prompt correction thereof, when he finds that:

1. Industrial waste, 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. Pollution of underground or surface waters,

d. Adverse effect or damage to any public sewer, storm drain, channel, or public or private property; or that:

2. The permittee has failed to conform with conditions or limitations of any permit issued in accordance with this chapter;

3. The industrial waste disposal permit was issued in error, or on the basis of incorrect information supplied, or in violation of any ordinance, law or regulation.

B. Failure to comply with such notice shall constitute a willful violation of this chapter.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

Notwithstanding any exception mentioned in this article, the director shall promptly investigate every complaint charging violation of any of the provisions of this article, and shall take action to correct any violation discovered.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

When the conditions described in Section 13.08.590 are so aggravated that immediate cessation of operation is necessary and the director so finds, he shall suspend the permit. He shall serve notice of such suspension on the permittee. The director may also suspend a permit if objectionable conditions listed in a notice to correct, served in accordance with Section 13.08.590, and are not corrected within the time specified in such notice.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

The director shall immediately notify the permittee of suspension of permit or recommendation to the council that such permit be revoked, or both.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

A person whose permit has been suspended, or who has been notified of violation, as provided in this chapter, shall immediately discontinue the deposit or discharge of industrial waste, sewage, or effluent, or use of any described facility, and shall not resume such deposit or discharge, or use of the described facility, until a permit has been issued or reinstated by the director or council as hereinafter provided. Failure so to do shall constitute willful violation of this chapter.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

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 director; or

B. 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

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

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

The director shall reinstate a suspended permit when all violations are corrected and all fees required by this chapter have been paid.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

The director may recommend to the council that a permit be revoked.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)

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 article may file a written application with the director to cancel such permit upon termination of operations and/or closure of the permitted facility. Upon receipt of such an application, the director 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 removed or rendered inoperable to prevent further use;

3. All permits to abandon or disconnect, as may be required by the Plumbing Code, have been obtained;

4. Any industrial wastes remaining on the premises have been removed to a legal point of disposal;

5. All fees required by this article due up to the date of closure of the facility have been paid;

6. The applicant has demonstrated that no environmental contamination has occurred by the previous operation of the treatment facility or that any contamination found has been mitigated.

B. Should the director deny an application for a permit cancellation or closure of the facility, the owner or operator of any facilities required by the permit shall maintain these facilities in good operating condition and pay all fees required by this chapter to maintain a valid permit.

(Ord. No. 910, § 1 (Exh. A), 1-13-09)