7.06.100 Existing Facilities–Compliance Time Limits.
(1) The provisions of this Chapter shall be applicable to all rendering facilities, regardless of whether the herein described activities were established before or after the effective date of the provisions codified in this Chapter and regardless of whether such rendering facilities are currently licensed to do business. To the extent action is taken to bring an existing rendering facility into compliance with the provisions of this Chapter such action shall not be deemed to be an expansion of a nonconforming use.
(2) An existing rendering facility shall have one hundred eighty (180) days from the effective date of this Chapter to comply with the provisions of this Chapter.
(3) Within thirty (30) days of the effective date of this Chapter, an existing rendering facility shall provide to Provo City a detailed plan describing the actions to be taken to bring the rendering facility into compliance with this Chapter. Such plan shall include:
(a) A description of modifications to existing buildings to be made or new buildings to be constructed;
(b) A description of new odor control equipment and intended modifications to the odor control system; and
(c) The time frame in which compliance is expected.
(4) The Development Services Director or the Director’s designee shall grant an extension of the time limits set forth in this Section for no more than ninety (90) days if an owner of a rendering facility proves, to the reasonable satisfaction of the Development Services Director, that before such time limit expires the owner is in substantial compliance but is unable to come into full compliance with the requirements of this Chapter without the extension. In order to secure an extension of time, a rendering facility owner shall submit to the Development Services Director a written request for an extension forty-five (45) calendar days prior to the expiration of the applicable time limit set forth in this Section.
(a) The following information shall accompany an extension request:
(i) A detailed explanation of why the rendering facility is unable to meet the initial date of required compliance and a plan that details how the facility will be brought into compliance by the final date of the requested extension;
(ii) The amount of additional investment that will be required to bring the rendering facility into compliance with the requirements of this Chapter and a statement of how this investment will be funded;
(iii) An assurance that the rendering facility will come into compliance no later than the final date of the requested extension; and
(iv) A description of new equipment or systems that will be necessary to bring the rendering facility into compliance.
(b) Any person aggrieved by the decision of the Development Services Director or the Director’s designee pursuant to this Section may appeal such decision in accordance with the administrative hearing procedure set forth in Chapter 3.06, Provo City Code.
(5) Not withstanding the time limits set forth in this Section, if circumstances occur which are reasonably beyond the control of a rendering facility operator, then the compliance time limits set forth in this Section shall be extended by the amount of time required to resolve such circumstances. However, in no event shall the time for compliance extend beyond an additional one hundred eighty days (180) from the original time compliance deadline.