§ 27-173. Permit requirements.

(a)

Generally. A person shall be in violation of this article if he operates or causes the operation of a vehicle on the city street or public rights-of-way for the purpose of collecting, transporting, or disposing of grease trap waste, grit trap waste, septage, or other liquid wastes without first obtaining a liquid waste transportation permit from the director or his or her designated representative. For the purposes of this section, each instance of transporting, collecting, or disposal of such wastes without a permit shall be considered a separate violation. A person in violation of this article shall be fined five hundred dollars ($500.00) for each separate violation.

(b)

Permit application. In addition to complying with the proper registration procedures established by the state, a person intending to engage in the activity of transporting grit trap waste, grease trap waste or septage must first submit a permit application to the city waterworks system, and therein supply the department with the following information and documentation:

(1)

Name, business address, and telephone number of the applicant transporter.

(2)

The trade name under which the applicant transports or intends to transport liquid waste.

(3)

The number and type of vehicle and their tank volume the applicant shall operate together with a general physical description or manufacturer's trade description of each vehicle; a sworn and notarized affidavit of applicant stating that the transport vehicle meets the minimum specifications and maintenance provisions of section 26-174 hereinafter set forth; the registration number assigned to such vehicle by the state; and a photocopy of the driver's license of all vehicle operators under the employ of the applicant.

(4)

The period of time the applicant has been engaged in the activity of transporting grit trap waste, grease trap waste, and septage, and the daily hours of operation of his intended transportation activity.

(5)

A statement setting out any record of criminal convictions against the applicant, or anyone under his employ, resulting from the unlawful operation of a vehicle used to transport liquid waste, including grease trap waste, grit trap waste, and septage.

(6)

Any other requested relevant information which bears a reasonable relationship to the regulation of permittees under this ordinance and is necessary to evaluate the permit application.

(c)

Investigation of information set out in application. The staff of the city waterworks system may conduct an investigation to determine the accuracy of information supplied by the applicant prior to the issuance of a permit. Supplying false information to the department shall be grounds for refusal to grant a permit or revocation of a permit if already issued. The transporter shall update information contained in the application to reflect any substantive changes in the information required by the initial application prior to making these operational changes.

(d)

Permit fees. Prior to the issuance of a permit, the applicant shall tender to the city waterworks system the then-current initial fee for the first vehicle and the then-current fee for each additional vehicle in accordance with the fee permit schedule for vehicle engaged in the activity of transporting liquid wastes. Such fees schedule shall be reviewed by the city waterworks system and adjusted as deemed appropriate by the city council. The permit fee shall be twenty-five dollars ($25.00) per vehicle.

(e)

Vehicle inspection. Prior to the issuance of a permit, the department shall require the applicant to submit, for inspection by the department, each vehicle which will be utilized to transport grit trap waste, grease trap waste, and/or septage. The department or its agents shall determine if the transport vehicle is constructed and equipped in accordance with section 26-174 of this article and the tanks, valves, and hoses on the vehicle are in good repair, prior to permit issuance. In addition to the initial [inspection] department [agents] are hereby authorized to reinspect the vehicles periodically in order to observe that the vehicles are generally maintained in good repair so as not to constitute a public health hazard under the provisions of this article. These inspections may take place at any reasonable and safe location during normal business operation hours and are in no way meant to satisfy the otherwise legally mandated inspection of motor vehicle requirements of any department or agency of the State of Texas. All transport vehicles shall have a valid DPS inspection sticker properly displayed.

(f)

Issuance of permit. Upon satisfying the requirements set out in subsections (a) through (e) herein, the department shall issue a permit to the applicant. The permit shall be valid for a one year period with such period terminating on December thirty-first of the year of issuance or reissuance. The requirements set out in subsections (a) through (e) herein must be satisfied prior to the reissuance of a permit. Any violations of this article by a permit holder during a permit period shall constitute sufficient grounds for refusal, by the director, to reissue a permit. All permits issued hereunder shall be subject to the following terms and conditions:

(1)

A permit issued by the city waterworks system pursuant hereto shall specifically exclude and prohibit the transporting, discharge, or disposal of hazardous wastes. Transporters carrying hazardous waste from, within or through, the regional agent boundary must first obtain the special applicable TNRCC or EPA permit(s) and use the appropriate hazardous waste transportation and disposal manifest system.

(2)

A permit issued under this article is nontransferable, and may be revoked by the city waterworks system for violation by the permittee of the term(s) of the permit or of this article.

(Ord. No. 95-03, § 3, 1-17-1995)