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PART A. |
GENERAL PROVISIONS. |
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Section 1. |
Authority. The Environmental Department shall apply and enforce,
in any court of competent jurisdiction, the requirements of The Federal Water Pollution
Control Act, as amended, 33 U.S.C. §1251, et seq., 40 C.F.R. § 403, General
Pretreatment Regulations For Existing and New Sources of Pollution, and
this Code. |
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Section 2. |
General Provisions. |
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(a) |
Industrial users shall provide necessary wastewater treatment as required to comply
with this Code, federal pretreatment standards, and permit conditions,
and shall achieve compliance with all national pretreatment standards
and requirements within the time limitations as specified by the federal
pretreatment regulations or local or state pretreatment standards. |
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(b) |
The Environmental Department, through a special wastewater discharge
authorization (SWD), may allow, on a case-by-case basis, short-term or
periodic discharges of wastewater. Application for an SWD shall be made
to the Environmental Department. At no time can authorization be given to
discharge pollutants in excess of applicable categorical standards. |
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(c) |
Where specifically authorized in this Code, the Director may approve
exceptions to the wastewater discharge and pretreatment requirements
established in this Code. A user seeking an exception shall submit a
written request to the Director that includes a detailed explanation
and justification for the proposed exception. The Director may
require the user to provide any additional information needed to fully
evaluate the user’s request. The Director may approve, approve with conditions
or deny the request and shall so notify the user in writing. Under no circumstances
shall any user deviate from the wastewater discharge or pretreatment requirements
in this Code without written approval from the Director. At no time can an
exception be approved for any applicable categorical standard or procedure. |
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Section 3. |
Requirements. |
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(a) |
The Environmental Department, through a permit, may deny, condition or
control new or increased contributions of pollutants, or changes in the
nature of pollutants by industrial users, to any treatment facility
owned, operated, maintained or controlled by the Unified Wastewater
Districts. |
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(b) |
All industrial users must comply with applicable pretreatment standards and
permit requirements. |
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(c) |
All industrial users holding a valid SWD must comply with all conditions
delineated in the SWD. |
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(d) |
All users of the sewerage system are subject to the prohibited discharge
requirements listed in Article 4.C.2 of this Code. |
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(e) |
Food service facilities shall provide necessary grease management as required
to comply with this Code and any permit conditions imposed through the
authority of Article 4 Part E. |
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Section 4. |
Pretreatment Facilities. Any facilities requiring pretreatment shall
be provided and designed, constructed, and operated at the industrial user's
expense. The Environmental Department may require the industrial user to provide
engineering reports, construction plans and specifications, compliance
schedules, and operating procedures for the pretreatment facilities. This information
shall be approved by the Environmental Department before construction, reconstruction,
or modification of a pretreatment facility is initiated; however, the approval by the
Environmental Department does not exempt the industrial user from compliance with the
standards set forth in this Code or other law or regulation. Any changes in the
pretreatment facilities or method of operation shall be reported to the Environmental
Department and shall be approved by the Environmental Department prior to the initiation
of the changes. |
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Section 5. |
Basis for Effluent Limitations. Effluent limitations shall be based upon
the more stringent of the following: |
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(a) |
National categorical pretreatment standards; |
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(b) |
State pretreatment requirements; or |
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(c) |
Local limitations calculated by mass balance or other valid scientific method
necessary to protect the sewerage system from materials described in
Article 4.C.2 of this Code. |
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Section 6. |
Dilution of Wastes. No industrial user shall increase the use of
process water or in any way attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with any local, state or
federal discharge standard unless specifically approved by an applicable pretreatment
standard or requirement, or in the case of local pretreatment standards,
in writing by the Environmental Department under the provisions of
Article 4.A.2(c) of this Code. The Director may impose mass
limitations on users who are using dilution to meet applicable
pretreatment standards or requirements, or in other cases when the
imposition of mass limitations is appropriate. |
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Section 7. |
Monitoring Facilities. The Environmental Department may require
installation of a suitable control manhole or other monitoring facility together
with such necessary meters and other appurtenances in the building sewer to
facilitate observation, sampling, and measurement of the wastewater. The monitoring
facility shall be accessible and located in a safe area, and shall be
constructed in accordance with plans approved by the Director. The
manhole and appurtenances shall be installed by and at the industrial user's
expense, and shall be maintained by the industrial user in accordance
with manufacturer's recommendations so as to be safe, operable, and
accessible at all times. |
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Section 8. |
Hauled Wastewater. |
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(a) |
Hauled wastewater includes waste from portable toilets, septage, holding tanks,
and any other sources as determined by the Environmental Department. Wastewater haulers
or operators must hold a valid Sanitary Disposal Contractors License and comply with
the Johnson County Environmental Sanitary Code adopted by the BOCC and subsequent
amendments thereto in addition to requirements of this Code. Hauled wastewater loads
may be introduced into a Unified Wastewater District POTW only at locations and times
designated by the Unified Wastewater Districts and are subject to all requirements
of this Code. Such waste shall not violate any other requirements of this Code. |
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(b) |
The Environmental Department may require wastewater haulers or operators to
obtain industrial wastewater discharge permits or SWDs in addition to
and separate from the licensing provisions contained in the
Environmental Sanitary Code. The Environmental Department may also require that
a waste analysis of the loads be provided prior to the issuance of a permit or
SWD. All loads are subject to inspection and sampling to insure
compliance with applicable standards. |
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(c) |
Haulers of wastewater subject to an industrial wastewater discharge permit or
SWD allowed to discharge to a Unified Wastewater Districts POTW must
provide information on the loads to the Environmental Department on a
waste tracking form provided by such Department upon request. Information shall
be provided on every load and shall include at a minimum, the names and addresses
of sources of waste, type of industry, known or suspected constituents, volume
and characteristics of waste. Haulers of wastewater may be required to certify in writing
that the wastewater is not hazardous as defined in 40 C.F.R. § 261. |
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PART B. |
INDUSTRIAL WASTEWATER DISCHARGE PERMIT |
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Section 1. |
Industrial Wastewater Discharge Permit. Industrial users shall obtain an
industrial wastewater discharge permit when required by federal regulations (40 C.F.R.
§403 et seq.) or when required by the Director. Any industrial user
required to obtain an industrial wastewater discharge permit shall be
considered a significant industrial user. |
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Section 2. |
New Sources. New sources required to obtain a permit by Section 1 above,
must apply for and receive an industrial wastewater discharge permit prior to
discharging pollutants into the POTW. |
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Section 3. |
Change in Discharge. Any industrial user not required to obtain a permit
for existing discharges must apply for and receive an industrial wastewater discharge permit
prior to changing the industrial user's discharge in such a manner that
the resulting discharge would require a permit. |
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Section 4. |
Application. |
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(a) |
Application for an industrial wastewater discharge permit shall be made to the
Environmental Department by either the owner of the industry or the
designated agent. |
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(b) |
The Director may require all industrial users to submit as part of an
application, in units and terms appropriate for evaluations, the
following information: |
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(1) |
Name, address and location (if different from the owner's billing address); |
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(2) |
SIC number according to the Standard Industrial Classification Manual,
issued by the Executive Office of the President, Office of Management
and Budget, 1972, and all amendments thereto; |
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(3) |
Wastewater constituents and characteristics including but not limited to those
stated in Article 4.C; |
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(4) |
Time and duration of contribution; |
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(5) |
Average daily, maximum daily and thirty (30) minute peak wastewater flow rates
in gallons per day, including daily, monthly and seasonal variations if any; |
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(6) |
Site plans, floor plans, mechanical and plumbing plans along with details to
show all sewers, sewer connections, and appurtenances by the size,
location and elevation; |
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(7) |
Description of activities, facilities and plant processes on the premises including
all materials which are or could be discharged; |
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(8) |
The results of sampling and analysis identifying the nature and
concentration of any pollutants in the discharge which are limited by
any national categorical, State of Kansas, or local pretreatment
standards as described in Article 4.C. Both daily maximum and average
concentration shall be reported. The sample shall be representative
of daily operations. Samples shall be taken at such points designated
by the Director and in conformance with all applicable national pretreatment
standards. If other wastewaters are mixed with wastewater regulated by a national
categorical pretreatment standard prior to pretreatment, the Director
may require the industrial user to measure the flows and concentrations
necessary to allow use of the combined waste stream formula in 40 C.F.R.
§ 403.6(e) in order to evaluate compliance with pretreatment standards; |
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(9) |
The shortest time schedule by which the industrial user will provide
additional pretreatment or operation and maintenance when required by
the Director. The completion date in this schedule shall not be later
than the compliance date established for the applicable pretreatment
standard. In no case shall the increments of progress in the schedule
exceed nine months; |
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(10) |
Each product produced by type, amount, process or processes and rate of
production; |
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(11) |
A listing of any toxic substance, which the applicant uses or manufactures
as an intermediate or final product or by-product; |
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(12) |
Type and amount of raw materials processed (average and maximum per day); |
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(13) |
Number of employees, as well as hours of operation of plant and proposed or
actual hours of operation of pretreatment system; |
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(14) |
Signature of an authorized representative of the industrial user and, when
required, certified to by a qualified professional, indicating whether
pretreatment standards are being met on a consistent basis and if not,
whether additional operation and maintenance and additional pretreatment
is required; |
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(15) |
Any other information deemed by the Director to be necessary to evaluate the
permit application. |
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Section 5. |
Permit Denial. No industrial user who has been required to submit
a permit application may continue to discharge into the sewerage system after the
date of permit denial. |
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Section 6. |
Permit Contents. |
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(a) |
Industrial wastewater discharge permits will contain the following: |
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(1) |
A statement that indicates industrial wastewater discharge permit
duration, which in no event shall exceed five (5) years; |
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(2) |
A statement that the industrial wastewater discharge permit is nontransferable; |
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(3) |
Effluent limits based on applicable pretreatment standards; |
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(4) |
Self monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency, and
same type based on federal, state, and local law; and |
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(5) |
A statement of applicable civil and criminal penalties for violation of
pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state, or local law. |
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(b) |
Industrial wastewater discharge permits may contain, but need not be limited to,
the following conditions: |
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(1) |
Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization; |
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(2) |
Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce,
eliminate, or prevent the introduction of pollutants into the treatment works; |
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(3) |
Requirements for the development and implementation of spill control plans or other
special conditions including management practices necessary to
adequately prevent accidental, unanticipated, or non-routine discharges; |
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(4) |
Development and implementation of waste minimization plans to reduce the amount of
pollutants discharged to the POTW; |
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(5) |
The unit charge or schedule of industrial user charges and fees for the
management of the industrial wastewater discharged to the POTW; |
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(6) |
Requirements for installation and maintenance of inspection and sampling facilities
and equipment; |
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(7) |
A statement that compliance with the industrial wastewater discharge
permit does not relieve the permittee of responsibility for compliance
with all applicable federal and state pretreatment standards, including
those which become effective during the term of the industrial
wastewater discharge permit; and |
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(8) |
Other conditions as deemed appropriate by the Director to ensure compliance
with this Code, and state and federal laws, rules, and regulations. |
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Section 7. |
Permit Modifications. |
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(a) |
An industrial user must reapply for a permit: |
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(1) |
Whenever the mass loading of the pollutants contained in the permitted discharge
in the opinion of the Director exceeds the average daily quantity
applied for by greater than ten percent (10%) and/or |
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(2) |
Prior to any new introduction of pollutants or any substantial change in the
volume or character of pollutants introduced into the POTW. |
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(b) |
An industrial user may reapply for a permit whenever the industrial user
believes that some of the permit requirements no longer apply. |
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(c) |
The terms and conditions of all industrial wastewater discharge permits are
subject to modification by the Environmental Department at any time for
just cause. |
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(d) |
All industrial wastewater discharge permits may be modified to incorporate
special conditions resulting from issuance of a special order. |
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(e) |
The terms and conditions of all industrial wastewater discharge permits
shall be modified to reflect changes in federal pretreatment standards. |
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(f) |
If necessary, permit modifications that result in new conditions in the
permit shall include a reasonable time schedule for compliance. |
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(g) |
No permit modification shall be construed to modify in any way the
requirements of the Clean Water Act, 33 U.S.C. § 1251 et
seq., pertaining to the pretreatment of discharge into POTW’s,
including the General Pretreatment Regulations, 40 C.F.R.§ 403,
and any applicable categorical Pretreatment Standard, 40 C.F.R. Chapter
I, Subchapter N, nor shall any permit be construed to affect in any way
the liability of the permittee for any failure to comply with such
requirements. |
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Section 8. |
Industrial Wastewater Discharge Permit Revocation.
The Director may revoke an industrial wastewater discharge permit for good
cause, including, but not limited to, the following reasons: |
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(a) |
Failure to notify the Director of significant changes to the wastewater prior to
the changed discharge; |
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(b) |
Failure to provide prior notification to the Director of changed conditions
pursuant to Article 4.D.4(g) of this Code;
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(c) |
Misrepresentation or failure to fully disclose all relevant facts in the industrial
wastewater discharge permit application; |
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(d) |
Falsifying self-monitoring reports; |
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(e) |
Tampering with monitoring equipment; |
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(f) |
Refusing to allow the Environmental Department timely access to the facility
premises and records; |
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(g) |
Failure to meet effluent limitations; |
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(h) |
Failure to pay assessed fines and/or penalties; |
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(i) |
Failure to pay sewer charges; |
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(j) |
Failure to meet compliance schedules; |
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(k) |
Failure to complete a wastewater survey or the industrial wastewater discharge permit
application; |
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(l) |
Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or |
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(m) |
Violation of any pretreatment standard or requirement, or any terms of
the industrial wastewater discharge permit or this Code. |
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Section 9. |
Pretreatment Fees. The Environmental Department may assess a
pretreatment permit fee and a special wastewater discharge (SWD) authorization
review fee sufficient to cover the costs to administer and enforce the industrial
wastewater discharge requirements established by this Code including any permit
conditions. No permit or SWD authorization shall be issued until such fees are paid.
The initial fee amounts shall be established by BOCC resolution. The fee amounts may
be increased by up to ten (10) percent per year by the Director after notice to the
BOCC and publication of intent to increase the fees in a newspaper of general
circulation within the County. The BOCC may take action within thirty (30) days to
disapprove or revise the fees after such notice. The fees shall automatically become
effective if the BOCC takes no action within such thirty (30) day period upon
publication of the revised fee amounts in such newspaper. |
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Section 10. |
Change in Ownership, Cessation of Discharge, Issuance of New Permit.
Industrial wastewater discharge permits shall automatically terminate and become
null and void upon cessation of operations or transfer of business
ownership through a sale of assets, shareholders equity, or other equity
interest. All industrial wastewater discharge permits issued to a particular
industrial user shall automatically terminate and become void upon the issuance of a new
discharge permit to that industrial user. |
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Section 11. |
Transferability. Industrial wastewater discharge permits are nontransferable. |
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Section 12. |
Regulation of Waste Received from Other Jurisdictions.
Industrial users served through an inter-local agreement must comply, at a minimum,
with this Code. |
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Section 13. |
Expiration. If not otherwise stated in the permit, the permit shall
expire after five (5) years of the date of issuance. The industrial user shall apply
for permit reissuance at least one hundred eighty (180) days prior to
the expiration of the industrial user's existing permit. |
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Section 14. |
Lapse. The terms and conditions of a permit are automatically
continued past its expiration date and remain fully enforceable pending
issuance of a new permit only if: (a) the permittee has submitted a timely
and sufficient application for renewal; and (b) the Environmental Department
is unable, through no fault of the permittee, to issue a new permit before the
expiration date of the previous permit; and (c) the permittee is not in
significant noncompliance with the terms and conditions of the previous
permit or its expiration date. If the permittee does not meet conditions (a)
and (c) above at time of permit expiration, then the permit shall be considered expired. |
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