Article 8 — Permits

6980 - Procedure.

a.

County Discharge Permit Procedure.

(1)

Permit. On application of the owner or occupant of any facility, which property or facility is not otherwise subject to the requirements of a State General Permit, the Director may issue a permit authorizing a non-stormwater discharge to the County Storm Drain System if the discharge is not prohibited by the Municipal Stormwater Permit or any other applicable order of the Regional Board, State Board or the EPA, if the discharge is reasonably necessary for the conduct of otherwise legal activities on the property and the discharge complies with all provisions of this Chapter and state and federal law.

(2)

Application. The applicant shall provide all information requested by the Director for review and consideration of the application, including but not limited to specific detail as to the activities to be conducted on the property, plans and specifications for facilities located on the property, identification of equipment or processes to be used on-site and other information as may be requested in order to determine the constituents, and quantities thereof, which may be discharged if permission is granted.

(3)

Duration of Permits. Permits shall be issued for a specific time period, not to exceed ten (10) years from the effective date of the permit. The Director may issue a permit for a period of less than ten years or the permit may be stated to expire on a certain date.

(4)

Permit Conditions. The permit may include terms, conditions and requirements to ensure compliance with the objectives of this Chapter, and as necessary to protect the receiving waters, including but not limited to:

(a)

Identification of the discharge location on the property and the location at which the discharge will enter the County Storm Drain System; and

(b)

Identification of the constituents and quantities thereof to be discharged into the County Storm Drain System; and

(c)

Specification of pollution prevention techniques and structural or non-structural controls and requirements as reasonably necessary to prevent the occurrence of potential discharges in violation of this Chapter; and

(d)

Requirements for the installation of inspection and sampling facilities; and

(e)

Requirements for self monitoring of any discharge; and

(f)

Requirements for the submission of documents and data, such as technical reports, production data, discharge reports, self- monitoring reports and waste manifests; and

(g)

Compliance schedules; and

(h)

Other terms and conditions appropriate to ensure compliance with the provisions of this Chapter and the protection of receiving waters, including requirements for compliance with BMP guidance documents promulgated by any federal agency, the State of California or the County.

(5)

Permit Fees. The permission to discharge shall be conditioned upon the applicant's payment of the County costs, in accordance with a fee schedule adopted by separate resolution or Ordinance.

b.

Permit Suspension, Revocation or Modification.

(1)

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

(a)

The permittee has violated any term, condition or requirement of the permit or any applicable provision of this Chapter; or

(b)

The permittee' s discharge or the circumstances under which the discharge occurs have changed so that it is no longer appropriate to exempt the discharge from the prohibitions on illicit discharge contained within this Chapter; or

(c)

The permittee fails to comply with any schedule for compliance issued pursuant to this Chapter; or

(d)

Any regulatory agency, including the EPA, the State Board and the Regional Board, having jurisdiction over the discharge, notifies the County that the discharge should be terminated.

(2)

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

(a)

Federal or state law requirements have changed in a manner that necessitates a change in the permit; or

(b)

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

(c)

A change to the permit is necessary to ensure compliance with the objectives of this Chapter or to protect the quality of the receiving waters.

(3)

The permittee shall be informed of any change in the permit terms and conditions at least forty-five (45) calendar days prior to the effective date of the modified permit.

(4)

The determination that a permit shall be denied, suspended, revoked or modified may be appealed by a permittee pursuant to the procedures provided in Section 6976.

c.

Permit Enforcement.

(1)

Penalties. Any violations of the terms, conditions or requirements of any permit issued by the Director shall constitute a violation of this Chapter and subject the violator to the remedies available under this Chapter.

d.

Compliance. Compliance with the terms, conditions and requirements of a permit issued pursuant to this Chapter shall 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.

(1)

Limited Permittee Rights. Permits issued under this Chapter are for the person identified therein as the "permittee" only, and authorize the specific location identified in the permit. The issuance of a permit does not vest the permittee with a continuing right to discharge.

(2)

Transfer of Permits. No permit may be transferred to allow:

(a)

A discharge to the County Storm Drain System at a location other than the location stated in the original permit; or

(b)

A discharge by a person other than the permittee named in the permit, provided, however, that if written approval is obtained, in advance, the Director may approve a transfer.

(Ord. No. 4450, 7-17-2012)