§ 13.12.391. Liquid waste hauling regulation.

(a)

Liquid waste haulers; disposal permit required. All liquid waste haulers wishing to deposit liquid waste or sewage in the designated disposal facilities of the City are subject to this Section. Persons disposing of permitted wastes at the designated disposal facilities of the City shall obtain a liquid waste hauler permit as specified herein. There shall be and there is hereby established a liquid waste hauler permit charge of fifty dollars ($50.00). Said permit fee shall be assessed annually. Such charge shall be payable by the applicant at the time the application is submitted. Checks shall be made payable to the City.

(b)

Application. Persons seeking a permit to use the designated disposal facilities of the City shall complete and file with the Director an application on the form prescribed by the Director. In support of this application, the user shall be required to submit the following information:

(1)

Name and address of hauler.

(2)

Number, capacity and type of vehicles that will utilize the facility.

(3)

Types of materials pumped by the hauler and the specific disposal methods and location for said materials.

(4)

Other items as the Director deems appropriate to assure compliance with this Section.

(c)

Fees. There shall be a disposal charge per load of permitted wastes discharged into the designated disposal facility. Such charge shall be payable on a monthly basis and shall be collected by the City.

(1)

Accounting and billing of each load discharged will be accomplished by means deemed appropriate by the City.

(2)

Each vehicle using the designated disposal site must have an authorization document issued by the POTW Department, which document shall identify the company, permit number, identification of vehicles and other items as appropriate or otherwise indicated in the liquid waste hauler permit.

(d)

Permit restrictions. Permits to use the disposal facilities of the City are subject to all the provisions of this Section and all other regulations, charges and fees deemed applicable by the Board of Utility Commissioners.

(e)

Permit conditions. The issuance of liquid waste hauler permits may contain the following conditions:

(1)

Liquid waste hauler permits shall be issued for no longer than five (5) years. All terms and conditions of the permit may be subject to modification and change by the Director during the life of the permit.

(2)

A liquid waste hauler permit may not be transferred, reassigned or sold.

(3)

Liquid waste hauler permit renewal must be applied for and an updated permit application submitted to the Director at least thirty (30) days prior to the expiration date contained in the permit.

(4)

Conditions contained in the liquid waste hauler permit may include, but are not limited to:

a.

Firm name, address, phone number;

b.

Authorized representative information and signature;

c.

Certification of permit condition acceptance;

d.

Restrictions of hours of operation, if applicable;

e.

Conditions upon which permit revocation may occur;

f.

Limitation on hydrocarbon or other pollutants;

g.

Permit number;

h.

Recordkeeping and reporting requirements;

i.

Compliance with rules and regulations of the POTW Department and Colorado Department of Public Health and Environment regarding proper cleanliness and sanitary conditions; and

j.

Other conditions, limitations or prohibitions deemed appropriate by the Director.

(5)

Requirements for manifesting each load showing origination by address, property or business owner's name and signature, type of waste and statement that the waste is not hazardous.

(6)

Liquid waste hauler truck contents shall be subject to sampling and analysis by POTW Department employees at any time.

(7)

All reports and records required to be retained by this Section shall be retained for a minimum of three (3) years and shall be made available immediately upon request by the Director.

(f)

Sampling requirements. Liquid wastes disposed of at the designated disposal facilities of the City shall be subject to sampling to determine compliance with all applicable provisions of this Code.

(g)

Reporting of changes. Any significant change in the information provided by the permittee on the liquid waste hauler permit application form shall be reported to the Director as follows:

(1)

Fourteen (14) days prior to known date of a planned significant change.

(2)

Within seven (7) days after known date of an unplanned significant change.

(3)

For purposes of this Section, significant change means:

a.

Change in number of disposal vehicles operated by the permittee.

b.

Replacement of a disposal vehicle operated by the permittee.

c.

Alteration of tank size of any disposal vehicle operated by the permittee.

d.

Other items as specified in the liquid waste hauler permit.

(h)

Discontinuance. Any POTW Department employee shall have the authority to order the immediate discontinuance of the discharge from any liquid waste hauler truck into the designated disposal facilities of the City. Such order shall be based on the employee's best professional judgment that said discharge may be in violation of any applicable condition of this Code or may otherwise be deleterious to the operation of the City wastewater treatment facilities or the safety of its workers.

(i)

Liquid waste hauler permit; denial. The Director may deny the issuance of a liquid waste hauler permit on the following grounds:

(1)

The applicant knowingly falsified information on his or her application;

(2)

The applicant's previous or other liquid waste hauler permit is under suspension or probation or has been otherwise revoked and the condition upon which such action was taken still exists;

(3)

The applicant is not current on all disposal and permit-related reports and charges;

(4)

Discharge to the POTW of permitted or otherwise prohibited wastes; or

(5)

Other items as the Director considers significant.

(j)

Notification of denial. In the event an application for a liquid waste hauler permit is denied, the Director shall notify the applicant in writing of such denial. Such notification shall state the grounds for the applicant of the measures or actions which must be taken by the applicant prior to issuance of a permit.

(k)

Liquid waste hauler permit; revocation, suspension, probation. All liquid waste hauler permits issued to any person may be revoked, suspended or entered into a probationary period upon a finding by the Director that any of the following conditions exist:

(1)

Such person has failed to pay disposal charges within thirty (30) days after such charges were due and payable;

(2)

Such person or representative thereof has improperly used and/or maintained the designated disposal facilities of the City in violation of requirements established by the Director;

(3)

Such person or representative thereof failed to display the authorization document upon request by a representative or employee of the POTW Department;

(4)

Such person or representative thereof has changed, altered or otherwise modified the face of a permit or authorization document without the permission of the POTW Director;

(5)

Such person or representative thereof violated any condition of the permit;

(6)

Such person or representative thereof has falsified any application, records, reports or monitoring results required to be maintained, or has failed to immediately make available such items to the Director upon his or her request; or

(7)

Such person or representative thereof failed to immediately halt the discharge from his or her truck into the designated disposal facilities of the City upon the order of any POTW Department employee.

Suspensions and periods of probation may be effected by the Director for any length of time up to one (1) year.

(l)

Hearings. Upon receipt of notification of denial of a permit application, the applicant may request and shall be granted a hearing to be held by the Director. At such hearing, the applicant shall have the burden of establishing that the conditions set out in this Section have been met and that the permit should be issued.

(m)

Conduct of hearing. The Director may conduct the hearing and take the evidence or may designate a representative to:

(1)

Issue, in the name of the Director, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to the matter involved in such hearings;

(2)

Take the evidence; and/or

(3)

Transmit a report of the evidence and hearings, including transcripts and other evidence, to the Director together with recommendations for action thereon.

(n)

Reinstatement. Any liquid waste hauler permit which has been revoked, suspended or entered into probation pursuant to this Section may be reinstated upon a finding by the Director that the condition which resulted in such revocation no longer exists.

(o)

Violations. Upon determination of a Code or liquid waste hauler permit violation, any permittee shall be subject to the enforcement actions and penalties outlined in this Section, or as is otherwise contained in the liquid waste hauler permit as necessary to protect the POTW or environment.

( Ord. No. 1546, § 3, 9-15-2014 )