Simi Valley Municipal Code Art. 7 Permits

(a) Permit. Upon application by the Responsible Party, the Director may issue a permit authorizing a Non-Stormwater Discharge to the Storm Drain System provided:

(1) The Discharge is not prohibited by the Municipal Separate Storm Sewer System, National Pollutant Discharge Elimination System Permit No. CAS004002, the EPA or any applicable Order of the Regional Board, State Water Resources Control Board; or

(2) The Discharge is reasonably necessary to conduct otherwise legal activities on the property; and

(3) The Discharge complies with all provisions of this chapter.

(b) Permit Application. A permit application must be filed with, and be in a form prescribed by, the Director. The applicant must provide all information requested by the Director for review and consideration of the application.

(c) Fees.

(1) An application filed with the Director must be accompanied by the applicable fees as set by the City Council.

(2) All costs and expenses incurred by the City for the review, approval, or revision of any application, permit, SWPCP, and SWPPP, will be due and payable by the applicant to the City within thirty (30) days of submission of the application, permit, SWPCP or SWPPP.

(3) The City may elect to require a deposit of estimated costs and expenses. The actual costs and expenses will be deducted from the deposit, and the balance, if any, refunded to the applicant.

(d) Duration of Permits and Renewals.

(1) Permits will be issued for a specified time period, not to exceed five (5) years from the effective date of the permit.

(2) The applicant must apply for renewal of the permit no later than sixty (60) days prior to the expiration of the permit.

(3) After submitting an application for renewal, if the applicant is not notified by the City thirty (30) calendar days prior to expiration of the permit, the permit will be automatically extended for an additional thirty (30) calendar days or until the Director makes a determination on the application for renewal, whichever occurs first.

(e) Permit Conditions. The permit may include terms, conditions, and requirements to ensure compliance with the objectives of this chapter and to protect the Receiving Waters.

(f) Denial. The Director may deny a permit if the Director finds:

(1) That the Discharge is prohibited by any applicable order of the Regional Board, State Water Resources Control Board, or the EPA, or

(2) If the Discharge is subject to a State General Permit.

(§ 1, 2, Ord. No. 1195, eff. August 2, 2012)

(a) Compliance with the terms, conditions, and requirements of a permit issued pursuant to this chapter will not relieve the Permittee from compliance with all Federal, State, and local laws, regulations and permit requirements, applicable to the activity for which the permit is issued.

(b) Limited Permittee Rights.

(1) Permits issued are for the Person or entity identified therein as the "Permittee" only, and authorize the specific operation at the specific location identified in the permit.

(2) The issuance of a permit does not vest the Permittee with a continuing right to Discharge unlawfully or beyond the established term of the permit.

(c) Transfer of Permits. A written approval from the Director is required before a permit can be transferred. A written request for a transfer must be submitted to the Director as set forth below:

(1) Written requests must:

(A) Be submitted sixty (60) calendar days prior to the date the intended transfer is to take effect;

(B) Identify the date the transfer is set to occur; and

(C) Include a certification executed by the new Permittee which, states:

(1) The new Permittee will not make any changes to the facility's operations and processes that will impact the conditions upon which the existing permit was issued; and

(2) The new Permittee acknowledges and assumes all responsibility for complying with the existing permit being transferred.

(§ 1, 2, Ord. No. 1195, eff. August 2, 2012)

(a) The Director may suspend or revoke any permit when it is determined that:

(1) The Permittee has violated any term, condition, or requirement of the permit or any applicable provision of this chapter;

(2) The Permittee's Discharge or the circumstances under which the Discharge occurs have changed so that it is no longer in compliance with this chapter; or

(3) The City is notified by any regulatory agency having jurisdiction over the Discharge, that the Discharge must be terminated.

(b) The Director may modify any permit when it is determined that:

(1) Federal or State law requirements have changed in a manner that necessitates a change in the permit; or

(2) The Permittee's Discharge or the circumstances under which the Discharge occurs have changed so that it is appropriate to modify the permit's terms, conditions, or requirements; or

(3) A change to the permit is necessary to ensure compliance with this chapter or to protect the quality of the Receiving Waters.

(c) The Permittee will be informed of any change in the permit terms and conditions at least thirty (30) calendar days prior to the effective date of the modified permit.

(d) Any determination that a permit will be denied, suspended, or revoked or modified may be appealed by Permittee, in writing, pursuant to the appeal procedures provided by Title 1 Chapter 1-4.01 of this Code. Such appeal must be filed with the Director not more than ten (10) days following the mailing of the denial, suspension, revocation or modification sent to the Permittee pursuant to this chapter.

(e) Any violations of the terms, conditions or requirements of any permit issued by the Director will constitute a violation of this chapter and subject the Permittee to the Remedies for Violations available under this chapter.

(§ 1, 2, Ord. No. 1195, eff. August 2, 2012)