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A. Except for city owned or operated wastewater treatment plants which create biosolids, it shall be unlawful for any person to apply “Class A/Exceptional Quality Biosolids” to land within the city limits without obtaining a permit from the city engineer and being in compliance with the terms and conditions as stated herein.

B. A permit application, furnished by the city engineer, shall be filed with the city engineer, accompanied by the permit fee. The application form shall include the following information:

1. The name and address of the applier, the property owner or leaseholder;

2. The address, legal description or other sufficient identifying description of the property;

3. A map of the property, showing:

a. The location of the proposed land application fields within each site,

b. All potable water wells, drinking water supplies, and buildings, including the identification of any buildings which are owned by the applicant, within one thousand feet of the site,

c. The location of property boundaries.

4. Copies of all original laboratory tests for any tests required to be performed prior to the initial application of “Class A/Exceptional Quality Biosolids”.

5. Such additional information as may be required by the city engineer to facilitate any required investigation.

C. The person filing the application shall sign a statement under penalty of perjury that the facts stated in the application are true and correct and that all information required has been set forth in the application. The owner or authorized representative of the property shall also sign the application acknowledging the intended use to be made of the property.

D. Applicants shall be notified of incomplete or inaccurate applications. The applicant shall make the necessary corrections and additions and resubmit the application within thirty calendar days of notification. The city engineer shall evaluate the information provided in the application to determine whether or not the land application proposal will be in compliance with the applicable requirements of this chapter.

E. If an application is denied, the applicant may amend the application and resubmit the amended application. Such submittal of an amended application is not subject to an additional fee.

F. Written notice of the denial of a permit shall be delivered in person or by U.S. Mail, postage prepaid, to the applicant at the address on file with the city engineer.

G. The city engineer may deny an application for one or more of the following reasons:

1. Inadequate, incomplete, or inaccurate application information;

2. The land application proposal would not be in conformance with the applicable requirements of this chapter.

H. The city engineer shall issue the permit after approving the application.

I. Permits may be reviewed annually from the date of issuance or reissuance or from time to time as deemed appropriate by the city engineer for the protection of the publics health and safety. Permit review and reissuance are subject to the following:

1. A permit does not expire at the end of one year absent an express permit term or condition limiting the period of the permit;

2. The city engineer shall notify the “applier” sixty calendar days before the permit is due for review;

3. No fewer than thirty-five calendar days before the permit is due for review, the applier shall submit a certification that the information contained in the permit is current, or shall file a new application pursuant to this chapter.

J. A permit may be revoked by the city engineer when the applier has violated any provision(s) of this chapter or any federal/state laws or regulations related to the land application of “Class A/Exceptional Quality Biosolids”, or violated a provision(s) of any permit issued by the Regional Water Quality Control Board, or other state agency with jurisdiction, related to the land application of “Class A/Exceptional Quality Biosolids”. If the city engineer intends to revoke the permit, a written notice to this effect shall be delivered in person or by certified mail to the mailing address of the permit applicant. The written notice shall state the grounds for the proposed revocation. The revocation shall be come effective ten days after service of the notice unless the permit holder files an appeal with the city council within that time period.

K. The applicant may appeal a denial or revocation of a permit. Any appeal or revocation shall be made to the city council by filing a written request for a hearing before the city council with the city clerk not more than ten calendar days after notice of the proposed denial or revocation has been delivered. Upon receipt of a written request for a hearing, the city clerk shall set the matter for public hearing on a date not more than ninety calendar days following receipt of such written request, and shall give the permit applicant at least ten calendar days written notice of the time, date, and place of the hearing. After the hearing, the city council shall issue its written decision and findings on the appeal within thirty calendar days after the close of the hearing.

L. The city engineer may temporarily suspend any permit issued under this chapter, prior to any hearing when, in the opinion of the city engineer, such action is necessary to protect the residents of the city from immediate threats to health and safety. The city engineer shall notify the permit holder of the temporary suspension and the effective date thereof and at the same time shall set the matter for hearing as soon as possible before the city council as set forth herein. The temporary suspension shall remain in effect until the city council has taken final action on the merits.

M. Fees to review and process permit applications, appeal an action of the city engineer, as specified herein, inspect sites, engage in enforcement activities and compensate for infrastructure impacts shall be established by the city council.

N. No permit may be transferred. (Ord. 4113 § 1, 2003)