Sec. 34-1006. - Permit required.

The operator of a facility which utilizes one or more USTs subject to regulation by this division is required to obtain a permit for operation of the UST system. Permit application forms are available from and shall be submitted to the resource protection and compliance department. Failure to provide information as requested in the application shall be grounds for refusal by the resource protection and compliance department to issue the permit. If the facility operator is not responsible for the UST, then the operator shall notify the resource protection and compliance department of the identity of the individual(s) responsible for the UST. Operation without a permit of a facility regulated by this division shall constitute a violation of this division.

(Ord. No. 83200, § 1(App. I), 11-16-95; Ord. No. 2006-02-16-0241, § 5, 2-16-06)

Sec. 34-1007. - Information required.

The following information, at a minimum, shall be required as part of the permit application process and shall be received by the resource protection and compliance department prior to the issuance of a permit:

(a)

General information regarding the identity of the applicant and facility, including:

1.

The name and address of the applicant and facility;

2.

The applicant's business phone number;

3.

The name of the operator(s) of the facility;

4.

The name, address, title and phone number of person responsible for compliance and each primary emergency response person;

5.

Whether the facility is located on the Recharge Zone or Transition Zone;

6.

Proof of insurance as required by 40 CFR 280.93.

(b)

Facility maps or site plans for each regulated facility which identify the following:

1.

Location of all underground hazardous materials storage and dispensing locations;

2.

Routes of access to each regulated facility;

3.

Emergency equipment related to each facility;

4.

Location of stormwater runoff abatement facilities, if any.

(c)

Regulated substance inventory sheet which provides the following:

1.

Name of each regulated substance stored;

2.

Capacity of each UST;

3.

Material safety data sheet (MSDS);

4.

Installation date(s) of each UST(s).

(d)

Monitoring and testing plan as defined by Section 34-1020 of this division.

(e)

All other information related to compliance with this division.

(Ord. No. 83200, § 1(App. I), 11-16-95; Ord. No. 2006-02-16-0241, § 5, 2-16-06)

Sec. 34-1008. - Permit procedures.

(a)

Any facility regulated by this division shall submit a completed permit application in accordance with Section 34-1006 and Section 34-1007 of this division. The application shall be signed by the operator and/or UST owner; and the signed application, together with the appropriate fee as required by Section 35-C401 of this Code. shall be submitted to the resource protection and compliance department.

(b)

After a complete and signed application has been received and the appropriate fee collected, the applicant's monitoring plan will be reviewed, and compliance with the regulations of this division will be verified by an on-site inspection by a staff member of the resource protection and compliance department. The initial inspection will be considered the first annual inspection for the purpose of administering this division.

(c)

Upon receipt of all required information, approval of the monitoring plan, and the return of a favorable inspection report by the staff inspector, the resource protection and compliance department will issue a permit to the applicant. Each permit shall be valid for a period of three (3) years from the date it is issued.

(d)

In the event a deficiency in the monitoring plan is found to exist, or in the event the facility is found to be non-compliant with the requirements of this division during the application process and initial inspection, the applicant will be notified in writing and may correct any deficiencies in the application or the monitoring plan or at the regulated facility within thirty (30) days from the date of notification. If the corrections cannot be made within the thirty-day period, the applicant may request an extension in writing from the resource protection and compliance department. An extension of up to sixty (60) days may be granted upon a showing of good cause. Upon the earlier of notification by the applicant or expiration of the period for corrections, the application will be re-evaluated. If the required corrections have not been made at the time of the application is re-evaluated, the application will be denied.

(Ord. No. 83200, § 1(App. I), 11-16-95; Ord. No. 2006-02-16-0241, § 5, 2-16-06)

Sec. 34-1009. - Inspections by San Antonio Water System.

Inspections performed by the resource protection and compliance department personnel will be conducted during normal business hours. Every business applying for a permit will be inspected as prescribed in Section 34-1008 prior to issuance of a permit and at least annually thereafter. San Antonio Water System personnel shall have the right, upon reasonable notice, to enter any facility regulated by this division for the purpose of performing periodic inspections and for the purpose of enforcing the requirements of this division.

(Ord. No. 83200, § 1(App. I), 11-16-95; Ord. No. 2006-02-16-0241, § 5, 2-16-06)

Sec. 34-1010. - Permit renewal.

It is the responsibility of each permittee to apply for renewal for a permit issued under this division not later than thirty (30) days before the existing permit expires. The application for renewal shall be accompanied by payment of the appropriate renewal fee as provided in Section 35-C401 of this Code. Failure to apply for renewal within the thirty-day period shall be considered a violation of this division. The resource protection and compliance department shall provide the permittee with notice of expiration of a permit at least forty-five (45) days prior to its expiration.

(Ord. No. 83200, § 1(App. I), 11-16-95; Ord. No. 2006-02-16-0241, § 5, 2-16-06)

Sec. 34-1011. - Permit transfers.

The transfer of a permit issued under this division will require the completion of a permit transfer form. Permit transfer forms shall be available from the resource protection and compliance department and shall be signed by both the seller and the buyer of the regulated facility. The transfer of a permit will result in the transfer of the original identification number and the issuance of a new permit. Permit transfer forms shall be submitted not later than thirty (30) days after transfer of ownership or operation of the business. All permit transfers are subject to the approval of the San Antonio Water System. Failure to submit a permit transfer form as required by this section shall constitute a violation of this division.

(Ord. No. 83200, § 1(App. I), 11-16-95; Ord. No. 2006-02-16-0241, § 5, 2-16-06)

Sec. 34-1012. - Amendments.

(a)

In the event of a change in operations at a facility which does not transfer ownership or control of the facility, but which substantially affects information required in the permit application, the permittee shall amend or supplement the original permit application within thirty (30) days of the change in operations.

(b)

An amendment is not required in situations where quantities or storage locations of regulated materials are temporarily modified for less than forty-five (45) days, unless the modification will affect the fire department's ability to safely respond to an emergency at the facility or unless the San Antonio Water System determines that the modification may severely increase the potential for pollution of the Edwards Aquifer.

(c)

Amendments or supplements to the permit application shall describe the reason for the amendment or supplementation of existing data, explain the addition or modification to each facility and provide any additional information as requested by the resource protection and compliance department.

(d)

The resource protection and compliance department shall inspect each amendment or supplement to evaluate its compliance with the requirements of this division and shall notify the permittee of whether the amendment or supplement is approved within ten (10) days from the date of submission. In the event an amendment is not approved, the permittee may correct any deficiencies in the amendment or supplement and resubmit the same as corrected. Until an amendment or supplement is approved by the resource protection and compliance department the permittee will be required to comply with the most recent application and monitoring plan which has been approved.

(Ord. No. 83200, § 1(App. I), 11-16-95; Ord. No. 2006-02-16-0241, § 5, 2-16-06)

Sec. 34-1013. - Maintenance of records.

Review by the resource protection and compliance department of records held by the permittee shall be allowed at the time of inspection or as otherwise requested at the regulated facility or at such other location as may be identified. Copies of the permit application, the permit, inspection reports, monitoring logs and all other records required by this division, by Chapter 35 of this Code, or by Article 79 of the Uniform Fire Code shall be provided by the permit holder (or a designee) and shall be made available for review by resource protection and compliance department personnel. All such records shall be kept and maintained by the permittee for a period of at least five (5) years.

(Ord. No. 83200, § 1(App. I), 11-16-95; Ord. No. 2006-02-16-0241, § 5, 2-16-06)

Sec. 34-1014. - Public disclosure of information.

(a)

All information received as part of a permit application or otherwise submitted by the permittee to the San Antonio Water System pursuant to this division shall be considered public records and shall be open to inspection by the public unless protected from disclosure under the Texas Public Information Act.

(b)

Requests to inspect or copy public documents which are received and maintained by the San Antonio Water System as a result of administering this division shall be made in writing to the Legal Department of the San Antonio Water System. Each such request will be reviewed and responded to pursuant to the Texas Public Information Act.

(c)

Information submitted pursuant to this division which the permittee or applicant believes to be confidential or privileged and subject to protection from disclosure as a registered trade secret or by some other exemption shall be so identified by being submitted on a separate form or forms and shall be clearly and conspicuously marked "Confidential" by the permittee or applicant. All confidential information will be protected by the San Antonio Water System Legal Department from disclosure in accordance with the Texas Public Information Act and this Code.

(Ord. No. 83200, § 1(App. I), 11-16-95)

Sec. 34-1015. - Fee waiver.

(a)

In the event an owner or operator of a facility regulated by this division is unable to pay the permit fee required by this division, the owner or operator may apply to the resource protection and compliance department for a fee waiver.

(b)

The manager of the resource protection and compliance department may grant an application for fee waiver and reduce, modify, or waive the requirement for the payment of the permit fee only upon a showing by the applicant that payment of the fee would result in a severe hardship to the applicant's livelihood and that the applicant's income is insufficient to provide the applicant with the means for payment.

(c)

Each application for a waiver of fees shall, at a minimum, include an affidavit by the applicant of inability to pay, complete copies of the applicant's federal income tax statements for the two (2) years preceding the filing of the application, and a current balance sheet and financial statement of the applicant's regulated business.

(d)

The manager of the resource protection and compliance department shall provide the applicant with a written decision on the application for fee waiver within five (5) working days from the date the complete application for waiver is received.

(Ord. No. 83200, § 1(App. I), 11-16-95; Ord. No. 2006-02-16-0241, § 5, 2-16-06)

Secs. 34-1016—34-1019. - Reserved.