Trinidad Municipal Code Art. V Operating Permits

Upon application and completion in conformance with this code and final inspection of work performed pursuant to a sewage disposal permit, or after initial/performance inspections of existing systems, all owners shall be required to apply for an operating permit. An operating permit shall be required in addition to any other permits required by city ordinances and/or state law. Operating permits shall be issued to the owner of the property and/or the business owner. After December 31, 2008, or as specified in TMC 13.12.260, it shall be unlawful and a public nuisance to use or operate any OWTS within the city without a valid operating permit from the city. Every operating permit shall indicate the design capacity of the system, maintenance requirements and any other conditions of use (see TMC 13.12.350). A copy of said operating permit, with conditions, shall be sent to the property owner and shall be kept on file with the city. It is the responsibility of the property owner to ensure that any tenants conform to the conditions of use specified in the operating permit. In cases where an initial/performance inspection indicates a system operating at less than a satisfactory capacity, a limited operating permit may be issued. [Ord. 2010-03, 2010; Ord. 2008-03 § 5:01, 2008].

Every person owning any building designed or used for human occupation existing on the effective date of the ordinance codified in this chapter, including residential, commercial and public buildings, or their authorized representative, shall be required to apply for an operating permit through the city clerk’s office prior to final inspection of a new or modified sewage disposal system or after an initial/performance inspection of existing systems. [Ord. 2010-03, 2010; Ord. 2008-03 § 5:02, 2008].

In the event of the sale of the property or change in business or rental occupancy, an operating permit transfer shall be applied for by the residence owner/business occupant within 60 days of the finalization of the sale of the property or change in occupancy. An administrative fee, as set by resolution of the city council, may be charged to offset the costs to the city for transferring permits. [Ord. 2010-03, 2010; Ord. 2008-03 § 5:03, 2008].

Maintenance schedules and requirements (Article VI of this chapter) shall be stipulated in the operating permit. An operating permit shall be conditioned upon the proper maintenance and pumping of, and the continued proper operation of, the OWTS as designed, constructed and conditioned as stated in the operating permit, upon payment of periodic permit fees, upon periodic inspections of said OWTS, upon continuation of the use for which the system was designed or capable of and upon continued performance as indicated by subsequent performance inspections and the city’s water quality monitoring program. The permit holder shall show proof of the required maintenance and operation as stipulated in the permit conditions in the form of an inspection report form in order to renew said permit. Operating permit conditions may be appealed in accordance with TMC 13.12.550. [Ord. 2010-03, 2010; Ord. 2008-03 § 5:04, 2008].

Operating permits shall be renewed every three years, or as specified in the permit based on the specific condition of and maintenance requirements of the system, but in no case shall an operating permit be issued for more than five years. Operating permits are to be renewed after a performance inspection by a qualified service provider at an interval as specified in the operating permit and maintenance schedule (Article VI of this chapter). The process for renewing operating permits shall be the same as for the original application as set forth in TMC 13.12.330. [Ord. 2010-03, 2010; Ord. 2008-03 § 5:05, 2008].