§ 5-6.904. General Conditions for Transfers of Allocated Capacity.

(a)

A Transfer of Allocated Capacity is limited to the area served by the City's wastewater collection and treatment system ("City's Authorized Sewer Service Area").

(b)

An Industrial User seeking to Transfer Allocated Capacity shall submit an application on a form to be developed and provided by the City.

(c)

No approved Transfer of Allocated Capacity may result in a property being entitled to discharge less than one thousand (1,000) gallons per day per acre into the City's wastewater system under the approved wastewater discharge permit for that property.

(d)

Transfers of Allocated Capacity from one property to another property owned or used by the same Industrial User, or from an Industrial User to another User, or from an Industrial User to the City, may proceed subject to City approval of the Transfer.

(e)

The City may deny a proposed Transfer if it determines that the Transfer would result in any of the following:

(1)

Either the applicant or recipient User has a substantial and current wastewater discharge permit violation that is not cured within a reasonable period of time after notice of violation from the City; or

(2)

A Transfer of Allocated Capacity would cause an overload and/or surcharge of the City's wastewater collection and treatment system; or

(3)

A Transfer of Allocated Capacity would be detrimental to the public safety, health, or environment.

(f)

The City shall not unreasonably delay, deny, or condition an application for a Transfer of Allocated Capacity.

(Ord. 3655-C.S., § 1, effective 11-11-16)