Part 9 — RECEIVING STATION USE PERMIT

The purpose of this Part 9 and of the receiving station service fees and charges prescribed hereunder is to regulate the discharge of hauled waste into receiving station facilities at the San José/Santa Clara Water Pollution Control Plant, and to derive revenue which shall be used only for the acquisition, construction, reconstruction, maintenance and operation of the San José/Santa Clara Water Pollution Control Plant receiving station and the sewage treatment plant facilities.

(Prior code § 5309.1; Ords. 18919, 29277.)

The city's director of environmental services is authorized to adopt rules, regulations and procedures relating to the operation of the receiving station to establish a schedule of service and to provide a safe, efficient and sanitary use of the receiving station facilities, and to implement the provisions of this Part 9. The director may deny or suspend the use of receiving station facilities to any person who fails to comply with such rules, regulations and procedures.

(Prior code § 5309.16; Ords. 18919, 29277.)

It shall be unlawful for any person to fail to comply with any written rule, regulation or procedure adopted by city's director of environmental services pursuant to this Part 9 which relates to the delivery or discharge of hauled waste into receiving station facilities of the San José-Santa Clara Water Pollution Control Plant.

(Prior code § 5309.17; Ords. 18919, 29277.)

No person shall deliver or discharge hauled waste into the San José/Santa Clara Water Pollution Control Plant receiving station facilities provided for such delivery and discharge, unless such person has a valid receiving station use permit (hereinafter in this chapter termed "Permit") issued by the city pursuant to the provisions of this part.

(Prior code § 5309.2; Ords. 18919, 29277.)

No person shall be issued a permit under this part to use the receiving station facilities to deliver and discharge hauled waste unless such person has filed with and furnished to the director of environmental services:

A.

A completed receiving station use permit application on a form provided by the director;

B.

Payment of the receiving station use permit application fee and/or annual permit maintenance fee as set forth in the schedule of fees adopted by resolution of the city council;

C.

A valid business license issued by the city pursuant to the provisions of Chapter 4.76 of the San José Municipal Code;

D.

The cash deposit or valid corporate surety bond in compliance with Section 9.08.1510;

E.

The insurance policies and/or certificates in compliance with Section 9.08.1530;

F.

Copy of a valid registration with the Santa Clara County health department under California Health and Safety Code sections 111740 et seq., authorizing such person to engage in the business of disposing of hauled waste; and

G.

A list of drivers for each vehicle and their valid California drivers license numbers.

(Prior code § 5309.3; Ords. 18919, 29277.)

A permit issued under this chapter is personal to the applicant to whom it is issued and is not subject to transfer or assignment.

(Prior code § 5309.4; Ords. 18919, 29277.)

A.

No person shall deliver or discharge hauled waste into the San José/Santa Clara Water Pollution Control Plant receiving station facilities unless such person has provided a faithful performance bond in the amount specified by the director of environmental services payable to the City of San José naming the city as obligee and issued by a surety company or companies acceptable to city and in a form approved by the city attorney, which surety bond or bonds may be renewed or replaced annually, at his or her sole cost and expense, and shall be kept in full force and effect during the term of the permit to insure faithful performance of all the requirements under this part. In lieu of such surety bond or bonds, such person may deposit with the city a cash deposit, in the amount specified by the director of environmental services, as security for faithful performance as required by this part.

B.

The condition of the bond shall be that the amount thereof shall be paid to the city if permittee engages in any of the acts that could lead to suspension or revocation of the permit pursuant to Section 15.14.1630A.

C.

Upon payment of any sum to city of the cash deposit or under such faithful performance bond, the permittee shall immediately furnish and file with city such cash deposit or surety bonds as may again be required by the director of environmental services.

D.

No interest shall be paid by city to permittee on any cash deposit or surety bond.

(Prior code § 5309.5; Ords. 18919, 29277.)

The remedies providing for satisfaction of the obligations set forth in Section 9.08.1510 are cumulative and not exclusive, and are in addition to any other remedies to which the city may be lawfully entitled. Each person shall remain personally liable for any obligation or liability incurred in operations subject to regulation under this Part 9 to the extent that the cash deposit or corporate surety bond proceeds are insufficient to satisfy the same.

(Prior code § 5309.6; Ords. 18919, 29277.)

A.

No person shall deliver or discharge hauled waste into the San José/Santa Clara Water Pollution Control Plant receiving station facilities unless such person, at his or her sole cost and expense, have and maintains in full force and effect the insurance policies, endorsements, certificates and/or binders required by the risk manager for the city.

B.

The director of environmental services shall file with the city clerk all certificates and insurance policies received under this part.

(Prior code § 5309.7; Ords. 18919, 29277.)

Access to and use of receiving station facilities shall be granted only to vehicles bearing, in four-inch-high letters on both sides of the hauling vehicle, the name and address of the holder of a valid permit issued under this Part 9 and the vehicle load capacity.

(Prior code § 5309.18; Ords. 18919, 29277.)

Access to and use of the San José/Santa Clara Water Pollution Control Plant receiving station facilities shall be granted only to a person with a valid receiving station use permit, issued under this part, in the vehicle when he or she seeks to deliver or discharge into the receiving station facilities.

(Ord. 29277.)

No person shall deliver or discharge into the receiving station facilities hauled waste collected from any property outside the Ultimate Tributary Area. For the purpose of administering this section, the "Ultimate Tributary Area" is defined as follows: All of the county of Santa Clara except those areas within the incorporated cities of Palo Alto, Mountain View, Sunnyvale, Los Altos, Los Altos Hills, Monte Vista, Gilroy and Morgan Hill.

(Prior code § 5309.9; Ords. 18919, 29277.)

A.

No person shall be permitted to deliver or discharge hauled waste at the receiving station without presenting to the San José/Santa Clara Water Pollution Control Plant personnel prior to such delivery or discharge, written certification of the information required by this section in a form approved by the Santa Clara County Department of Environmental Health.

B.

The written certification shall include the following:

Name of the permittee;

Address of the permittee;

Vehicle license number of the vehicle hauling the hauled waste;

Vehicle windshield sticker number issued by the Santa Clara County department of environmental health for vehicles that haul hauled waste;

Date of discharge of hauled waste to the San José/Santa Clara Water Pollution Control Plant receiving facilities;

Driver name and signature of the vehicle hauling the hauled waste;

A log of the following information for each property that received hauled waste collection services:

a.

Collection date;

b.

Name of the property owner or occupant of the property including any facility name, if applicable;

c.

Property address;

d.

Telephone number of the property owner or occupant of the property;

e.

The specific source of the hauled waste including, but not limited to, septic tanks and portable toilets; and

f.

Volume of hauled waste collected from the property.

Total volume of hauled waste collected from all properties that received hauled waste collection services.

Other information as may be required by the Santa Clara County Department of Environmental Health.

(Prior code § 5309.10; Ords. 18919, 29277.)

A.

The city shall have the right by and through its officers, employees or other persons engaged by the city to do so, to take such samples of hauled waste delivered by any person into the receiving station facilities as the city in its sole discretion may deem appropriate to obtain a representative sample of each delivery's contents. Such sample may be taken prior to, during or after any such delivery and discharge. Without being limited thereto, results of analyses made of such samples at the San José/Santa Clara Water Pollution Control Plant laboratory may be used to determine permittee's conformance with the requirements of this Part 9. By acceptance of the permit issued under this part, permittee consents and agrees that such samples may be so taken and used.

B.

In the event the city determines that any such delivery contains substances not permitted to be delivered or discharged under this part, the permittee shall forthwith comply with the city's order or direction that they

not be so delivered or discharged.

(Prior code § 5309.13; Ords. 18919, 29277.)

No person shall deliver or discharge into the receiving station facilities any industrial waste (as defined in Section 15.14.315 of this Code), nor any substances whose discharge into the city's sanitary sewer system is prohibited under the provisions of Part 3 of Chapter 15.14 of this Code, notwithstanding that they may constitute hauled waste.

(Prior code § 5309.11; Ords. 18919, 29277.)

No person shall deliver or discharge into the receiving station facilities any sludge, biosolids or other solids from sewage treatment plants or water treatment plants, either from within or from outside the Ultimate Tributary Area (as defined in Section 9.08.1550 of this Code.)

(Prior code § 5309.12; Ords. 18919, 29277.)

A.

Unless and until otherwise provided by the city council by ordinance or resolution, the following charges and fees are fixed, determined and shall be required to be paid for the delivery and discharge of the hauled waste into the San José-Santa Clara Water Pollution Control Plant receiving station facilities:

For each load collected from a property located within the geographical limits of any sewage services agency tributary to the San José-Santa Clara Water Pollution Control Plant and delivered to the receiving station, the charge of seven dollars and fifty cents plus $0.005 per gallon. Such tributary sewage service agencies are: the cities of San José, Santa Clara, Campbell, Los Gatos, Monte Sereno, Saratoga, Cupertino and Milpitas; and County Sanitation Districts No. 2, No. 3; Burbank Sanitary District; Cupertino Sanitation District; and West Valley Sanitation District;

For each load collected from a property located outside the geographical limits of any sewage services agency tributary to the San José-Santa Clara Water Pollution Control Plant, but within the geographical limits of the ultimate tributary area (as defined in Section 9.08.1550 of this Code) and delivered to the receiving station the charge of fifteen dollars plus $0.01 per gallon.

B.

The $0.005 per gallon and the $0.01 per gallon charges shall be determined as follows: on the actual number of gallons contained in the load for vehicles equipped with a suitable sight glass or gauge; and on

the total load capacity of the vehicle's storage facility for vehicles not equipped with a suitable sight glass or gauge.

C.

Mixed loads including hauled waste from both inside and outside the geographical limits of cities and sewage services agencies tributary to the San José-Santa Clara Water Pollution Control Plant shall be charged at a higher rate, that is, fifteen dollars plus $0.01 per gallon.

(Prior code § 5309.8; Ords. 18919, 29277.)

A record of deliveries of the hauled waste shall be made at the time of each delivery to the receiving station and shall be signed by or on behalf of the permittee. Within fifteen days after the close of each calendar month, the director of environmental services shall collect the delivery records and prepare and mail an invoice to each permittee for fees and charges incurred by such permittee during such calendar month.

(Prior code § 5309.14; Ords. 18919, 29277.)

Fees and charges for the hauled waste delivered and discharged into the receiving station facilities under this Part 9 shall be paid by the permittee at the office of the director of finance, City Hall, San José, California, or at such other place as said director may provide. Such fees and charges are immediately due and payable upon the deposit of an invoice therefor in the United States mail; they are delinquent if payment is not received by the director of finance on or before the thirtieth day immediately following the date when due and payable.

(Prior code § 5309.15; Ords. 18919, 29277.)

A.

The director of environmental services or his or her authorized deputy may, upon reasonable notice and hearing, suspend or revoke any permit issued under this Part 9 if he or she finds and determines that any person:

Has submitted a permit application that is false in any material respect; or

Has failed to maintain in full force and effect the cash deposit, corporate surety bonds, or insurance required under this part 9; or

Has personally or through any employee or other person engaged to do so, delivered or discharged any substances other than hauled waste into the receiving station facilities or has delivered or discharged therein any substances prohibited from discharge into the city's sanitary sewer system under the provisions of Part 3 of Chapter 15.14 of the San José Municipal Code (herein "Prohibited Substances"); or

Has disposed of any waste, including hauled waste, in an unlawful manner anywhere within the service area; or

Has violated any state, county or city law or regulation regarding the hauling of waste, including hauled waste; or

Has failed to maintain a valid registration for disposition of hauled waste under California Health and Safety Code Sections 117400-117450; California Food and Agricultural Code Sections 19210-19216, 19310- 19317; and California Vehicle Code Sections 2460-2478, where required to dispose of hauled waste under this Part 9; or

Has failed to conform to any provision of this Part 9, or any permit issued hereunder; or

Has failed to pay, before delinquency, any fee or charge due under this Part 9.

B.

If the director of environmental services determines by reason of emergency circumstances that the immediate preservation of the public health and safety requires that such permit be suspended immediately and without prior hearing, he or she may do so; provided, however, that he or she shall make a written finding as to the emergency circumstances which justify such immediate action, and forthwith give to permittee written notice thereof of the time, not exceeding fifteen days, when the director will conduct a hearing to determine whether such suspension shall be continued and/or the permit shall be revoked.

C.

Notice of any proceeding hereunder shall be served personally upon the permittee or by registered mail addressed to permittee at his or her place of business shown upon permit records with the city, or to such other address of permittee as may be known to the director of environmental services.

(Prior code § 5309.19; Ords. 18919, 29277.)

After any hearing required under this Part 9, the director of environmental services shall make a written decision setting forth his or her findings and his or her action thereon. A copy of the decision shall be served upon permittee in the manner provided for notice of hearings; the decision is final in ten days after service.

(Prior code § 5309.20; Ords. 18919, 29277.)