13.06.610 Revocation, Modification, and Expiration.
The purpose of this Section is to provide the authority and procedures for the revocation, modification, and expiration of permits and approvals granted pursuant to these Regulations.
A. Director's Authority. The Director has the authority to revoke or modify any permit or approval and/or terminate any connection to the sewer system which was issued pursuant to the Director's review.
B. Manager's Authority. The Manager has the authority to revoke or modify any permit or approval which was issued pursuant to the Manager's review and any permit or approval for which a determination that an emergency exists has been made by the Manager. Prior to such revocation or modification, except where an emergency has been determined, the Manager or designee shall follow procedures concerning notice and appeals as required for the initial consideration thereof, provided that when any permit or approval is not exercised within the time specified in such permit or approval or, if no date is specified, within one year from the approval date of said permit or approval, the permit or approval shall automatically become null and void and no public hearing shall be required on the matter. The Manager may immediately suspend a user's discharge whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Manager may also immediately suspend a user's discharge that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Manager shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the County that the period of endangerment has passed, unless the termination proceedings described in this Section are initiated against the user. Nothing in these Regulations shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.
C. Grounds for Revocation or Modification. Such revocation or modification or termination of permits, approvals, or sewer connection shall be made on any one or more of the following grounds:
1. Any of the reasons for Wastewater Discharge Permit revocation set forth in PCC 13.06.340;
2. That the approval or permit was obtained by fraud;
3. That the use for which such approval or permit was granted is not being exercised;
4. That the use for which such approval or permit was granted has ceased to exist or has been suspended for one year or more;
5. That the approval or permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval or permit, or in violation of any statute, resolution, code, law, or regulation;
6. That the use for which the approval or permit was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.
D. Initiation of an Action. An action to revoke or modify any matter set forth in subsection C of this Section may be initiated by:
1. The Manager;
2. The Director; or
3. The petition of any aggrieved party directly affected by the termination or modification together with a filing fee listed in Chapter 2.05 PCC, and filed with the Director.
E. Expiration. When any permit or approval is not exercised by the expiration date indicated on the approval or permit or, if no expiration date is specified one year from the approval date, the permit or approval shall expire. No extension of the expiration date for a permit or approval shall be granted unless such extension is approved pursuant to specific provisions for the relevant permit or approval.