Palmdale Municipal Code Art. I Permits

"Director"

means the Director of Public Works of the City of Palmdale or an authorized deputy, agent, representative or inspector designated by the Director of Public Works.

(Ord. 1376 § 4 (Exh. A), 2009; Ord. 1408 § 5, 2010)

No person shall 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. 1376 § 4 (Exh. A), 2009)

No person shall discharge or cause to be discharged any industrial wastewater to the public sewer system without first acquiring an industrial waste permit issued pursuant to Article III of this chapter.

(Ord. 1376 § 4 (Exh. A), 2009)

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. 1376 § 4 (Exh. A), 2009)

Every person applying for an industrial waste permit for construction of a new industrial building, or for a change in use of an 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.

(Ord. 1376 § 4 (Exh. A), 2009)

An application for an industrial waste permit to construct a new industrial building, to change the use of an 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 chapter.

(Ord. 1376 § 4 (Exh. A), 2009)

(A) The Director may issue a permit containing limitations or conditions, or both, and 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 as determined necessary by the Director. No person shall discharge industrial waste in violation of the maximum permissible rate of discharge stated in the permit or in violation of any other concentrations or limitations in the permit.

(B) The Director shall impose a permit expiration date not to exceed a term of five years to ensure 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 180 days prior to the expiration date of the existing permit.

(Ord. 1376 § 4 (Exh. A), 2009)

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 nonsewered discharge;

(C) Change in discharge volume affecting treatment or storage facilities;

(D) Change in character of the waste discharge; or

(E) Expiration of term of existing industrial waste permit granted pursuant to PMC § 13.11.070.

(Ord. 1376 § 4 (Exh. A), 2009)

An application for an industrial waste disposal permit for which no permit is issued within 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 City may extend the time for action by the applicant for a period not to exceed 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. 1376 § 4 (Exh. A), 2009)

(A) The Director shall either grant, conditionally grant or deny a permit within a reasonable time after all fees required by this title have been paid and upon the receipt of a complete application with all supplemental data.

(B) The Director shall notify the applicant whenever City grants a permit, conditionally 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. 1376 § 4 (Exh. A), 2009)

Any interested person, including the applicant or permittee, may appeal any decision of the Director by filing with the Director a written appeal and request for an appeal hearing within 30 days of notice of the decision. If the permittee does not file an appeal within such time, the permittee will be deemed to have consented to the action of the Director, and to have waived any right to an appeal.

(Ord. 1376 § 4 (Exh. A), 2009)

Upon receipt of a written demand for an appeal hearing, the City Manager shall, within 15 calendar days, appoint one or more Administrative Hearing Officer(s) to conduct the appeals hearing.

(Ord. 1376 § 4 (Exh. A), 2009)

Not later than 60 days after written demand for an appeal hearing has been requested, the Administrative Hearing Officer shall give notice of the time and place of appeal hearing to the applicant or permittee or any interested person, the Director, and when matters pertaining to public health are involved, not less than 20 days in advance of the date set for such appeal hearing.

(Ord. 1376 § 4 (Exh. A), 2009)

The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC § 2.08.090. Within 30 days after the close of the appeal hearing, the Administrative Hearing Officer will issue a written decision to:

(A) Confirm the action of the Director in denying a permit or issuance of a permit subject to special conditions and limitations; or

(B) Instruct the Director to issue a permit without conditions or limitations or with such special conditions and limitations as the Administrative Hearing Officer may designate; or

(C) Continue suspension of an existing permit invoked by the Director pending correction of objectionable conditions by the permittee; or

(D) Remove the suspension of an existing permit invoked by the Director pending correction of objectionable conditions by the permittee; or

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

(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; or

(G) Take any other appropriate action regarding the appealed permit, license, condition, limitation or exception.

(Ord. 1376 § 4 (Exh. A), 2009; Ord. 1605 § 28, 2023)

The written decision of the Administrative Hearing Officer when issued will constitute the final administrative decision on the matter.

(Ord. 1376 § 4 (Exh. A), 2009)

A person who does not have an industrial waste permit and who has been notified by the Director that he is required to obtain an industrial waste permit pursuant to the provisions of this chapter shall immediately submit to the Director an application and all fees 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. 1376 § 4 (Exh. A), 2009)

The change of owner, operator or possessor, including a change in ownership of a majority of stock in any corporation, 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 PMC § 13.11.370 or 13.11.610, within 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, may issue a new industrial waste permit. The Director may issue an interim permit pursuant to PMC § 13.11.180 to allow continued operations during the permit processing period.

(Ord. 1376 § 4 (Exh. A), 2009)

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 PMC § 13.11.310. 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 30 days from the issuance of the interim permit.

(Ord. 1376 § 4 (Exh. A), 2009)

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. 1376 § 4 (Exh. A), 2009)

Any permittee or discharger required by the Director, by permit or otherwise, to engage in periodic, stand alone, backup, follow-up, compliance or confirmation monitoring or sampling of a discharge shall notify the Director by telephone or other authorized means, at least 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. Notification is not required for internal monitoring and sampling by a discharger for the purpose of process and pretreatment controls unless so requested by the Director. However, such procedures, results and records shall be made available to the Director upon request. Sample acquisition and monitoring shall be performed at a location or sampling point as designated in any permit or as specified by the Director. The Director may require installation of a secured sampling facility to be designated as the sampling point. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. Dischargers to a public sewer system subject to an approved pretreatment program administered by the POTW shall submit to the Director, at minimum, all conditions required by 40 CFR 403.12 as may be amended unless otherwise directed. Each permittee or discharger, regardless of industrial waste disposal method, shall submit to the Director, certified under penalty of perjury by the permittee or discharger, all required monitoring and sampling reports or other requested data within the times specified in the permit.

(Ord. 1376 § 4 (Exh. A), 2009)

(A) The Director may serve notice of violation upon the person owning or operating premises describing the conditions and requiring prompt correction thereof, when they find 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

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

(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. 1376 § 4 (Exh. A), 2009)

The Director shall promptly investigate every complaint charging violation of any of the provisions of this chapter, and shall take action to correct any violation discovered.

(Ord. 1376 § 4 (Exh. A), 2009)

When the conditions described in PMC § 13.11.210 are so aggravated that immediate cessation of operation is necessary and the Director so finds, the Director shall suspend the permit. The Director 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 PMC § 13.11.210, are not corrected within the time specified in such notice.

(Ord. 1376 § 4 (Exh. A), 2009)

A person whose industrial waste 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 Administrative Hearing Officer as hereinafter provided. Failure to do so shall constitute willful violation of this chapter.

(Ord. 1376 § 4 (Exh. A), 2009)

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 Director a denial that all of the conditions so specified exist, request an appeal hearing, and correct the conditions which the permittee admits do exist.

(Ord. 1376 § 4 (Exh. A), 2009)

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

(Ord. 1376 § 4 (Exh. A), 2009)

(A) A person owning or operating premises containing industrial waste treatment or disposal facilities operated under a valid industrial waste permit issued under the provisions of this chapter 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 it is determined 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 Palmdale 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 Article II of this chapter 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. 1376 § 4 (Exh. A), 2009)