Visalia Municipal Code Art. 9 Permits and Fees

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance or perform any work on any plumbing or drainage system under the jurisdiction of the city without first obtaining a written permit from the city. (Ord. 2006-02 (part), 2006: Prior code § 4270)

Any person, legally entitled to apply for and receive a permit, shall make such application on forms provided by the city for that purpose. Applicant shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The city may require plans, specifications or drawings and such other information deemed necessary. If the city determines that the plans, specifications, drawings, descriptions or information furnished by the applicant are in compliance with the ordinances, rules and regulations of the city, the permit applied for shall be issued upon payment of the required fees as hereinafter fixed and/or as adopted by council resolution in implementation or modification hereof. (Ord. 2006-02 (part), 2006: Prior code § 4271)

After approval of the application, evidenced by the issuance of a permit, no change shall be made in the location of the sewer, the grade, materials or other details from those described in the permit or as shown on the plans and specifications for which the permit was issued, except with written permission from an authorized representative of the city. (Ord. 2006-02 (part), 2006: Prior code § 4272)

The applicant's signature on an application for any permit, as set forth in Section 13.08.720, shall constitute an agreement to comply with all of the provisions, terms and requirements of this and other applicable ordinances, rules and regulations of the city, and with the plans and specifications filed with the application, if any, together with such corrections or modifications as may be made or permitted by the city, if any. Such agreement shall be binding upon the applicant and may be altered only upon a written request for the alteration from the applicant, approved by the city. (Ord. 2006-02 (part), 2006: Prior code § 4273)

The city requires property developers, subdividers and individuals making connection to the city sanitary sewer system to pay a fee per connection.

A. Developers and subdividers shall pay to the city an amount, as set by resolution of the city council, for connection to the sanitary sewer system. Payment shall be made at such time as actual development is approved by the city.

B. At the time of connection to the city sewer system, residential property shall be assessed at an amount, as set by resolution of the city council, per lot for connection to the city sewer system, where such residential properties were not previously assessed on an acreage basis.

C. Properties, other than those for which connection has been requested by or required of a developer or individual, shall only be assessed at such time as connection is made to the city sewer system. Public bodies or such organizations as the city council may determine as nonprofit, and not land developers for profit, shall not be assessed until such time as connection is made to the city sewer system.

D. The city reserves to itself the right to assess additional fees for commercial or industrial properties where such additional fees are, in the opinion of the council, warranted by increased flows.

E. Fees established by the council are based upon the average costs of trunk sewers and oversize sewers paid for by the city in typical areas subject to service by the city. Review of the existing fees may be initiated by the council from time to time as necessary to meet increasing costs or changed conditions of providing trunk sewer or oversize service to areas being considered by the city for sanitary sewer service. Any revision of the fee schedule shall be approved by resolution adopted by the council.

F. The council is in no way committed to annexation of any particular area by virtue of the offer of the aforementioned fees by persons owning or developing areas proposed to be annexed to the city. The questions of annexation or of provision of a trunk sewer or oversize sewer to any area shall, in each instance, be resolved by the city council for the benefit of the city.

G. The above shall in no way abrogate any of the provisions of any other ordinance governing sewer service charges or fees currently in effect or hereafter adopted. (Ord. 2006-02 (part), 2006: Prior code § 4274)

A. Notwithstanding the requirements of Section 13.08.750, the city council may, by resolution, authorize the payment of the fee at a time other than that identified in Section 13.08.750.

B. In adopting the resolution identified in subsection A of this section, the city council shall make the following findings:

1. That the state of the economy in the city is such that the deferment of the fee required by this chapter will stimulate the economy and enhance the provision of jobs; and

2. That the deferment of the fee required by this chapter will not materially affect the ability of the city to deliver its five year capital improvement program.

C. In adopting the resolution identified in subsection A of this section, the city council shall:

1. Identify the point in time at which the fee shall be paid; provided, that in no event shall the deferral be extended beyond the time of the final inspection or issuance of the certificate of occupancy, whichever occurs first;

2. Identify to which major land use category (i.e., residential, commercial, office and/or industrial) the resolution applies;

3. Identify whether or not a contract shall be entered into by and between the property owner, or lessee if the lessee's interest appears of record, and the city prior to the issuance of the building permit. If a contract is required to be executed, it shall be processed and recorded in accordance with Government Code Section 66007(c). In lieu of entering into a contract, if one is required, the feepayer may provide such other form of surety instrument guaranteeing payment of the fee as may be acceptable to the city engineer or his/her designee and the city attorney;

4. Impose a penalty, equal to one hundred (100) percent of the amount of the fees deferred, on any party who fails to pay the deferred fee by the point in time specified in such resolution; and

5. Provide that a party who fails to pay such deferred fees by the point in time specified in such resolution shall further forfeit the future right to defer such fees on parcels in which such party has a financial interest.

D. Companies classified within the following Standard Industrial Codes shall be able to pay their development impact fees over five years without interest or administrative fee. The first installment of twenty (20) percent shall be due upon occupancy and the balance shall be paid in five equal annual installments thereafter and shall be collected on the property tax roll. The collection of the balance due on the property tax roll shall not preclude the earlier payment of any outstanding balance.

• 2000--2099 Food processing

• 2200--3999 Certain other manufacturers

• 4200--4299 Trucking and warehousing

• 4500--4599 Air transportation

• 4700--5199 Transportation services and warehouse trade

E. Private companies located within the city limits with a permitted wastewater discharge capacity in excess of five hundred thousand (500,000) gallons per day may pay their sewer impact fees over ten (10) years. The first installment of ten (10) percent shall be due prior to occupancy, and the balance shall be paid in nine (9) equal annual installments thereafter. No interest shall accrue during the first five (5) years. Any balance remaining after the fifth year shall accrue interest at the rate of the city sewer connection services interest rate annually set by city council. All payments due after the initial payment shall be collected on the property tax roll. The collection of the balance due on the property tax roll shall not preclude the earlier payment of any outstanding balance. (Ord. 2012-13 § 2, 2013: Ord. 2006-02 (part), 2006: Ord. 9818 § 2, 1998)

A separate charge is established to recover capital costs for future use in the treatment facility from those for whom the capacity has been provided. Each new discharger who connects to the public sewer shall, prior to issuance of a permit, pay to the city a sum of money to be determined yearly by the city council, which sum shall represent repayment by that discharger for future capacity provided for dischargers use. The payment of this fee shall in no way affect that discharger's monthly sewer service charges or any other charges and fees established by this chapter. (Ord. 2006-02 (part), 2006: Prior code § 4275)

A. Notwithstanding the requirements of Section 13.08.760, the city council may, by resolution, authorize the payment of the fee at a time other than that identified in Section 13.08.760.

B. In adopting the resolution identified in subsection A of this section the city council shall make the following findings:

1. That the state of the economy in the city is such that the deferment of the fee required by this article will stimulate the economy and enhance the provision of jobs; and

2. That the deferment of the fee required by this article will not materially effect the ability of the city to deliver is five year capital improvement program.

C. In adopting the resolution identified in subsection A of this section, the city council shall:

1. Identify the point in time at which the fee shall be paid; provided, that in no event shall the deferral be extended beyond the time of the final inspection or issuance of the certificate of occupancy, whichever occurs first;

2. Identify to which major land use category (i.e., residential, commercial, office and/or industrial) the resolution applies;

3. Identify whether or not a contract shall be entered into by and between the property owner, or lessee if the lessee's interest appears of record, and the city prior to the issuance of the building permit. If a contract is required to be executed, it shall be processed and recorded in accordance with Government Code Section 66007(c). In lieu of entering into a contract, if one is required, the fee payer may provide such other form of surety instrument guaranteeing payment of the fee as may be acceptable to the city engineer or his/her designee and the city attorney;

4. Impose a penalty, equal to one hundred (100) percent of the amount of the fees deferred, on any party who fails to pay the deferred fee by the point in time specified in such resolution; and

5. Provide that a party who fails to pay such deferred fees by the point in time specified in such resolution shall further forfeit the future right to defer such fees on parcels in which such party has a financial interest.

D. Companies classified within the following Standard Industrial Codes shall be able to pay their development impact fees over five years without interest or administrative fee. The first installment of twenty (20) percent shall be due upon occupancy and the balance shall be paid in five equal annual installments thereafter and shall be collected on the property tax roll. The collection of the balance due on the property tax roll shall not preclude the earlier payment of any outstanding balance.

• 2000--2099 Food processing

• 2200--3999 Certain other manufacturers

• 4200-4299 Trucking and warehousing

• 4500-4599 Air transportation

• 4700-5199 Transportation services and warehouse trade

E. Private companies located within the city limits with a permitted wastewater discharge capacity in excess of five hundred thousand (500,000) gallons per day may pay their sewer impact fees over ten (10) years. The first installment of ten (10) percent shall be due prior to occupancy, and the balance shall be paid in nine (9) equal annual installments thereafter. No interest shall accrue during the first five (5) years. Any balance remaining after the fifth year shall accrue interest at the rate of the city sewer connection services interest rate annually set by city council. All payments due after the initial payment shall be collected on the property tax roll. The collection of the balance due on the property tax roll shall not preclude the earlier payment of any outstanding balance. (Ord. 2012-13 § 2, 2013: Ord. 2006-02 (part), 2006: Ord. 9818 § 3, 1998)

Whenever sewers serving a property have been previously constructed under the provisions of Article 5 of this chapter, cost recovery payments in accord with the procedures outlined in that article 5 shall be recovered prior to sewer connection permit issuance. (Ord. 2006-02 (part), 2006: Prior code § 4276)

In addition to any other charges established herein, the city may establish additional connection charges for any sewer connection when, in the opinion of the city council, the circumstances of such connection necessitate the payment of charges over and above those established herein. (Ord. 2006-02 (part), 2006: Prior code § 4277)

Permit classes are as follows:

A. Building sewer permit;

B. Public sewer construction permit;

C. Private sewage disposal system permit;

D. Industrial discharge permit;

E. Nonsignificant discharge permit;

F. Special use sewer permit. (Ord. 2006-02 (part), 2006: Prior code § 4278)

Permit and inspection charges and requirements shall be established by resolution of the city council as follows:

A. Building Sewer Permit. A lump sum fee as required by Section 15.04.010, shall be paid to the city for inspecting the system from the end of the building drain to a public sewer or private sewage-disposal system.

B. Public Sewer Construction Permit. A fee as required by Section 16.36.170 shall be paid to the city for inspecting the installation of sewer mains that shall become a public sewer.

C. Private Sewage Disposal System Permit. A fee as set by resolution of the city council for evaluating design adequacy and inspection of installation shall be paid to the city for the issuance of a permit for the construction of a new private sewage disposal system under the terms of Article 4 of this chapter. Should the installation be of excessive magnitude or complexity, the city may impose such additional charges as required to provide sufficient funds to cover all costs incurred by the city.

D. Industrial Discharge Permit. The permit fees shall be based on time, materials and analyses required to process the permit and shall be paid to the city for each industrial discharge permit.

1. Prior to consideration of any industrial discharge permit, each industrial user shall furnish the following information on forms to be provided by the city:

a. Name and address of applicant;

b. Volume of wastewater to be discharged;

c. Wastewater constituents and characteristics including but not limited to those mentioned in Section 13.08.550;

d. Average and thirty (30) minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

e. Site plans, floor plans, mechanical and plumbing plans and details showing all sewers and appurtenances by size, location and elevation;

f. Description of activities, facilities and plant processes on the premises including all types of materials which are or could be discharged;

g. Any other information deemed by the city to be necessary to evaluate the permit application.

2. The city shall evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue an industrial discharge permit subject to the terms and conditions provided herein.

3. Industrial discharge permits shall contain the following:

a. The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

b. The average and maximum allowable wastewater constituents and characteristics;

c. Limits on rate and time of discharge, or requirements for flow regulations and equalization;

d. Requirements for installation of inspection, metering, and sampling facilities;

e. Pretreatment requirements;

f. Specifications for monitoring programs which shall include sampling, number, types and standards for tests and reporting schedule. Sampling and pollutant analysis shall be performed in accordance with the procedures established under Section 304 (h) of the Act, detailed in 40 CFR 136;

g. i. Requirements for submission of technical reports or discharge reports, including but not limited to baseline monitoring reports, compliance schedule progress reports, ninety (90) day compliance reports, and periodic reports on continued compliance (see Sections 13.08.824 to 13.08.827 of this ordinance) as may be required from industrial users to assess compliance with federal, state and local limitations and standards with permit conditions, and, where applicable, with compliance schedule milestones or deadlines. In addition, all users shall submit to the city notices of potential problem discharges including slug loading;

ii. Reports submitted to the city by industrial users must be signed and certified by an authorized representative of the discharger. The name of such individual(s) shall be presented to the city for approval prior to issuance of any permit. A change in the authorized representative without prior notification to and approval by the city may result in rescission of the discharge permit. All baseline monitoring reports and other reports related to compliance with categorical pretreatment standard deadlines must contain a certification by a qualified professional, indicating whether or not pretreatment standards are being consistently met, and if any additional operation and maintenance and/or pretreatment is required to meet the applicable standards. The reports required pursuant to this Section are subject to the provisions of 18 U.S.C. 1001 relating to fraud and false statements and the provisions of Section 309(c)(2) of the Act governing false statements, representations or certifications in reports required under the Act.

h. Requirements for specific language in the certification by an authorized representative. Said certification shall state,

I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

i. Requirements for maintaining plant records relating to wastewater discharge as specified by the city, and affording the city access thereto;

j. Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants, as defined by Section 13.08.040, are proposed or present in the user's wastewater discharge;

k. Other conditions as deemed appropriate by the city to ensure compliance with this chapter.

4. Industrial discharge permits shall be issued for a specified time period, not to exceed two years. It shall be the responsibility of permittee to initiate renewal within ninety (90) days prior to permit expiration. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

5. Industrial discharge permits are issued to a specific discharger for a specific operation. If operational changes cause any new, increased or changed discharge, the city may rescind, condition or modify the discharger's industrial discharge permit. An industrial discharge permit shall not be reassigned or transferred or sold to a new owner, new discharger, different premises, or a new or changed operation without the prior approval of the city. Provided, that the city approves of such reassignment, transfer or sale of the permit, the permitted discharger shall provide a copy of the existing permit to the new owner or operator of the facility prior to completing the transaction.

6. Any discharger who violates the following conditions of the permit or of this chapter, or applicable state and federal regulations, is subject to having his permit revoked, after due notice and hearing by the city council.

a. Failure of a discharger to factually report the wastewater constituents and characteristics of his discharge;

b. Failure of the discharger to report significant changes in operations or wastewater constituents and characteristics;

c. Refusal of reasonable access to the discharger's premises for the purpose of inspection or monitoring;

d. Violation of conditions of the permit.

E. Nonsignificant Discharge Permit. The permit fees shall be based on time, material and analyses required to process the permit and shall be paid to the city for each nonsignificant discharge permit. Nonsignificant discharge permits shall be issued to certain small industries and some commercial users whose individual discharges do not significantly impact the treatment system, degrade receiving water quality, or contaminate sludge. Industries that have the potential to discharge a nondomestic or process wastestream, but at the present time discharge only sanitary waste, are also included in this group. this group also includes septage waste haulers.

1. Information similar to that required for an industrial discharge permit shall be required for a nonsignificant discharge permit, and shall be furnished on forms to be provided by the city;

2. Nonsignificant discharge permits may contain the same information as industrial discharge permits;

3. Nonsignificant discharge permits shall be issued for a specified time period, not to exceed four years;

4. Nonsignificant discharge permits are issued to a specific discharger for a specific operation, and shall not be reassigned, transferred or sold without the prior approval of the city;

5. Violators of the conditions of the nonsignificant discharge permit shall be subject to the same penalties as violators of the conditions of the industrial discharge permit.

F. Special Use Sewer Permit. Special use permits shall be required under the following circumstances:

• 1. Storm or drainage water discharge (Section 13.08.490);
• 2. Discharge of unpolluted waters (Section 13.08.500);
• 3. Direct discharge to sewer (Section 13.08.530);
• 4. Monitoring well discharge (Section 13.08.490).

Under any of the above circumstances, or any other special condition that may be determined by the city to warrant a permit, the applicant shall, prior to confirmation of such permit, pay a fee in an amount to be determined on an individual case basis by the city.

G. Reinspection Fee. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. (Ord. 2006-02 (part), 2006: Prior code § 4279)

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

(Ord. 2006-02 (part), 2006)

A. Except as indicated in Section B, below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the city may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(Ord. 2006-02 (part), 2006)

Industrial users shall maintain records of all information resulting from monitoring activities. Records shall be kept for a time period consistent with the requirements of 40 CFR 403.12(h) but in no case for a period of less than three years. Such records shall be made available for inspection and upon demand by the city, state and/or EPA. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial discharger or the operation of the city's pretreatment program or when requested by the state or the Environmental Protection Agency. (Ord. 2006-02 (part), 2006: Prior code § 4280)