§ 3.05.08. Operating and Closure Permits

A.

Generally

Permits for Existing Prohibited Activities in Section 3.05.03 C, Restricted Activities identified in Section 3.05.04 and Restrictions and Prohibitions in Section 3.05.05 are considered Administrative Permits under Section 10.01.00 of the Land Development Code and are issued in accordance with the adopted Development Review Procedures Manual (DRPM).

B.

Conditions and Safeguards

The Operating Permit conditions shall ensure compliance with all the prohibitions, restrictions, and requirements as set forth in this Part. Such conditions may include, but are not limited to, monitoring wells, outfall discharge monitoring points, periodic water quality analysis and discharge monitoring reports, and compliance schedules. Such conditions may also include requirements in a Closure Permit to reduce the risk in the interim of contamination of the groundwaters, taking into account cost, likely effectiveness and degree of risk to surface water and ground water quality.

Operating Permits may have approval conditions attached which reflect actions or conditions necessary for operation or continuance or closure of the activity.

Operating Permit conditions can include, but are not limited to:

1.

Submittal of existing monitoring reports to the County.

2.

Required actions to prevent an illegal discharge.

3.

Establishing a permit renewal and inspection cycle more frequent than otherwise required.

4.

A requirement for monitoring of groundwater or surface water quality.

5.

Actions which are conditions of approval of the permit which must be maintained in compliance for the permit to be in effect.

6.

Best Management Practices as requirement for the permit

7.

Surety, bond, escrow, letter of credit, or other common form of financial assurance.

C.

Requirements for issuance of other permits.

No site plan approval, building permit, or certificate of occupancy for any activity shall be issued by the County that would allow development or construction that is contrary to the restrictions and provisions provided in this Part. Permits issued in violation of this Part confirm no right or privilege on the grantee.

D.

Issuance of Permit

1.

An application which satisfies the requirements of this Part shall be approved and an Operating Permit or Closure Permit issued. The County may deny a permit based on repeated violations of this Part.

2.

All of the facilities owned and/or operated by one person, when these structures and activities are located on contiguous parcels of property, even where there are intervening public or private roads, may be covered under one permit.

3.

Applications will be reviewed for:

a.

Impacts of the activity on public potable water supply wells, public potable water supply systems, surface water and potable water wellfields.

b.

Results of the required Inspection Report showing any determinable violation of the code requirements.

c.

A determination that there is or is not an activity or facility present which requires permit conditions to correct a violation of the requirements of the code.

E.

Duration

An Operating Permit shall remain valid for a five-year period provided the permittee is in compliance with the terms and conditions of the permit and there has been no change in activity or use of the property. An Operating Permit shall expire automatically five years after issuance, unless revised, revoked or extended as provided in this Part. An applicant must apply for and obtain approval of an Extension before expiration of the permit. Permits may be extended more than once.

F.

Inspections

The County shall have the right to make inspections of facilities at reasonable times to determine compliance with this Part. Facilities and properties applying for an Operating Permit are subject to on-site inspection of the physical buildings and property by a County inspector before any permit is issued. Facilities and properties which are covered under Part 3.05.00 may be inspected for compliance with the Code provisions.

(Ord. No. 04-27, § 2, 6-10-04)