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Ordinance 857 ORDINANCE NO. 857 ORDINANCE OF THE CITY OF GILROY ESTABLISHING SEWAGE STANDARDS AND CONTROL AND REPEALING EXISTING SECTIONS OF THE GILROY CITY CODE IN CONFLICT THEREWITH. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I. Sections 19.3, 19.9, 19.11, 19.13, 19.16, 19.18 and 19.20 of the Gilroy City Code are hereby repealed. SECTION II. Sec. 19.1 of the Gilroy City Code is adopted to read as follows: Sec. 19.1 Definitions For the purposes of this Chapter, the following words, terms, and phrases shall have the meanings respectively ascribed to them by this section: BOD. BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen expressed in milligrams per liter utilized in the biochemical oxidation of organic matter in five days at twenty degrees centigrade determined in accordance with methods described in the current edition of "Standard Methods for Examination of Water and Waste Water" published by the American Public Health Association, Inc. Building Drain. Building drain shall mean that part of the lowest horizontal piping of a waste water drainage system which receives the discharge from soil and waste pipes, inside the walls of the building and conveys it to the sewer lateral, beginning two feet outside the inner face of the building wall. Director of Public Works. Director of Public Works shall mean the Director of Public Works of the City or his administrative authority. Garbage. Garbage shall mean solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. Health Officer. Health Officer shall mean the county health officer, his assistants or authorized deputies acting as health officer of the city. Industrial Sewer System. Industrial sewer system shall mean all mains, laterals and outfall lines which discharge industrial waste directly onto land and which is not processed through the sewer treatment plant. Industrial User. Industrial user shall mean any user engaged in the business of processing fruits, vegetables, cereals and other agricultural products, except animals or poultry, who processes or manufa~tures the same for the purpose of sale, resale, or redel~very in processed or manufactured form. -1- - '-) t ( ) Industrial Wastes. Industrial wastes shall mean any and all wastes and solids conveyed therein from industrial processes as distinct from sanitary sewage. Natural Outlet. Natural outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. Nuisance. Nuisance shall mean damage to the community resulting from prohibited practices in the disposal of sewage or industrial wastes. ~ pH shall mean the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution. Premises. Premises shall mean any lot, piece or parcel of land, any building or other structure or any part of any building or structure used for carrying on any industry or business. Private Sewer. A private sewer shall mean a sewer privately owned and not directly controlled by public authority. Properly Shredded Garbage. Properly shredded garbage shall mean the wastes from the preparation, cooking, and dispensing of foods that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension. Public Sewer. Public sewer shall mean a sewer which is controlled by public authority. Sanitary Sewer. Sanitary sewer shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. Sanitary Sewage. Sanitary sewage shall mean the water-carried wastes discharged from the sanitary con- veniences of residences, business buildings, institutions and industrial establishments. Sewage Treatment Plant. Sewage treatment plant shall mean any arrangement of devices and structures used for treating waste water. Sewerage System. Sewerage system shall mean all facilities for collecting, pumping, treating and disposing of waste water. Sewer. Sewer shall mean.a pipe or conduit for carrying sewage. Sewer Lateral. Sewer lateral shall mean the extension from the building drain to the public sewer or other place of disposal. Sha11~ May. Shall is mandatory. May is permissive. -2- Storm Drain. Storm drain shall mean a pipe or conduit which carries storm and surface waters and drainage but excludes sewage and polluted industrial wastes. ' Suspended Solids. Suspended solids shall mean solids that either float on the surface of, or are in suspension in waste water, liquids; and which are largely removable by laboratory filtering. User. User shall mean any person responsible for payment of sewer service charges for premises served as provided in this chapter. Waste Water. Waste water shall mean sanitary sewage and industrial wastes. Watercourse. Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently. SECTION III. The following sections are hereby adopted as Article VII of Chapter 19 of the Gilroy City Code: Article VII. Sewage Standards and Control. Sec. 19.96 Right of Entry for Inspection. Whenever the Director of Public Works, Health Officer or any authorized representative of the city shall have cause to suspect that a nuisance or violation of this Chapter exists in any house, cellar, enclosure or building, within the city limits or discharging into the sewerage system, he may demand entry therein in the daytime, and if the owner or occupant shall refuse or delay to open the same and admit a free examination, such refusal or delay shall constitute a misdemeanor. Sec. 19.97 Discharge to Sewers Required. All waste water shall be discharged to public sewers. Sec. 19.98 Discharge to Natural Outlets. It shall be unlawful to discharge to any natural outlet any sanitary sewage, industrial wastes, petroleum products, coal tar, or any refuse substance arising from the manufacture of gas from coal or petroleum. The Director of Public Works may require that unpol- luted or uncontaminated cooling or other process water be discharged to a natural outlet, or that it be separated from sanitary or industrial wastes. Sec. 19.99 Compliance With Other Regulations. No statement contained in this Chapter shall be construed to interfere with any additional requirements that may be imposed by the County Health Officer, the . Atomic Energy Commission, or the regional Water Po11ut~on Control Board. -3- Sec. 19.100 Discharge of Storm Waters~ Surface Water~ Roof Runoff or Subsurface Waters. No person shall discharge or cause to be discharged any storm waters, surface waters, roof runoff or subsurface drainage to any sanitary sewer. Storm waters, surface waters, roof runoff or subsurface waters shall be discharged to such drains as are specifically designated as storm drains, or to a natural outlet approved by the Director of Public Works. Industrial cooling, or other process water unpolluted process waters shall be discharged to a storm drain if so required by the Director of Public Works. Sec. 19.101 Tampering With Public Sewers. No unauthorized persons shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer, or appurtenance thereof without first obtaining a written permit from the Director of Public Works. Sec. 19.102 Certain Wastes Prohibited in Public Sewers. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer~ a. Wastes containing liquids, solids or gasses which by reason of their nature or quality may cause fire, explosion, or be in any way injurious to persons, the structures of the sewerage system or its operation. b. Wastes having a temperature in excess of 160 degrees F. or less than 32 degrees F. c. Any garbage that has not been properly shredded. d. Wastes having a momentary pH lower than 5.5 or higher than 10.0, or having any corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the public sanitary sewer system. Where the City Engineer deems it advisable, it may be required that any person discharging indus- trial wastes, install and maintain in approved manner a suitable device to continuously measure and record the pH of the wastes so discharged. e. Wastes containing any noxious or malodorous gas or substance which either singly or by inter- action with sewage or other wastes is, in the opinion of the City Engineer, likely to create a public nuisance or hazard to life or prevent entry to sewers for their maintenance and repair. f. Wastes containing ashes, cinders, sand, mud, straw shavings, metal, glass, rags, feathers, tar, plastics, wood, hair, lime s~urry, ~ime residues~ chemical residues, paint res~dues, ~n such quant~ty -4- and concentration that, in the opinion of the City Engineer, such substances will cause an obstruction to the flow in the sewer or otherwise interfere with the proper operation of the public sanitary sewer system. Attention is called to the fact that the maximum permissible concentration will vary through- out the system depending upon the size of the parti- cular receiving sewer and the flows therein. g. Wastes containing insoluble, non-flocculent substances having a specific gravity in excess of 2.65. h. Wastes containing soluble substances in such concentrations as to cause the specific gravity of the waste to be greater than 1.1. io Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. j. Wastes containing grease, oil or other substances that will solidify or will become viscous at temper- atures of 32 degrees F. and 160 degrees F. k. Wastes having an average concentration of fats, oils, greases or similar ether-soluble matter in excess of 100 milligrams per liter on any given day. 1. Wastes containing more than 10 milligrams per liter of the following gases: hydrogen sulfide, su1fus dioxide, nitrous oxide or any of the halogens. m. Sludges resulting from the treatment of concentrated solutions that are not acceptable for discharge to the sewers. n. Wastes containing gases or vapors, either free or occluded, in concentrations toxic or dangerous to humans or animals. o. Wastes containing any toxic radioactive isotopes without a special permit. All of the preceding standards shall apply at the point where the wastes are discharged into the public sanitary sewer system, and any chemical or mechanical corrective treatment required must be accomplished to practical com- pletion before the wastes reach that point. Sec. 19.103 Interceptors Required; Maintenance Thereof. Interceptors shall be provided when, in the opinion of the Director of Public Works, they are necessary for the proper handling of liquid wastes containing grease in ex- cessive amounts, or any flammable waste~, sand, or other harmful ingredients; except, ~h~t such ~nterceptors ~ha11 not be required for private l~v~ng quarters or dwe11~~ units. All interceptors shall be of a type and capac~ty approved by the Director of Public Works, and shall be -5- loca~ed as ~o be readily and ~asi1y accessible for cleaning and ~nspect~on. Screen type ~nterceptors, in addition to other required interceptors, may be required for handling industrial waste. Where installed, all interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. Sec. 19.104 Review and Approval Required for Discharge of Certain Wastes in Public Sewers. 1. The admission into the public sewers of any waste waters having any of the following, shall be subject to the review and approval of the Director of Public Works: a. A biochemical oxygen demand greater than 400 milligrams per liter. b. More than 400 milligrams per liter of suspended solids. c. Any quantity of substances having the character- istics described in Section 19.102. d. An average daily flow for any calendar month greater than two percent of the average daily sewage flow of the city based on dry weather conditions. e. An instantaneous or peak rate of flow, as measured at the connection with the public sewer, which is greater than five times the daily average for the maximum calendar month. 2. Where required by the Director of Public Works, the owner shall provide, operate and maintain at his expense, such preliminary treatment facilities as may be necessary to: a. Reduce the B.O.D. to 400 milligrams per liter and the suspended solids to 400 milligrams per liter by weight;or b. Reduce objectionable characteristics or con- stituents to within the maximum limits provided for in Section 19.102 ; or c. Control the quantities and rates of discharge of such sewage wastes. 3. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted to the Director of Public Works for his approval, and no construction of such facilities shall be commenced until such approval is obtained in writing. No connection to the public sewer shall be made until the construction is complete and is acceptable to the Director of Public Works. The owners shall furnish the City with results of such laboratory control tests and operating data as may be called for in the permit to enable the City to determine compliance with provisions of this ordinance. -6- Sec. 19.105 Discharge of Radioactive Wastes. No person shall discharge or cause to be discharged any radioactive wastes into any public sewers or appur- tenances thereof, except where: a. The person is authorized to use radioactive materials by the Atomic Energy Commission or other governmental agency empowered to regulate the use of radioactive materials. b. The waste is discharged in strict conformity with current Atomic Energy Commission recommendations for safe disposal of radioactive wastes. c. The person discharging the radioactive wastes assumes full responsibility for any injury to personnel or damage to the sewerage system that may result from such discharge and submits evidence satisfactory to the Director of Public Works that he has assumed this responsibility. Any person discharging a radioactive waste to a public sewer in accordance with the provisions of the preceding paragraph shall submit to the Director of Public Works such reports as the Director may deem necessary. If any radio- active material is accidentally discharged into any public sewer, the person responsible shall: 1. Immediately notify the Director of Public Works. 2. Render such technical or other assistance to the Department of Public Works within his power to prevent the sewerage system from becomming con- taminated with radioactivity. d. The person has secured a permit from the Director of Public Works to discharge radioactive materials into the public sewers. Sec. 19.106 Use of Garbage Grinders in Individual Dwe11inp; Units. Garbage, fruits, vegetables, animal or other solid kitchen waste materials from individual dwelling units resulting from the preparation of any food or drink may be admitted to the sanitary sewer if first passed through a mechanically operated grinder so designed: a. That it will operate with cold water flowing into the grinder and through the sink drain line in such manner as to congeal and areate the solid and liquid greases within the grinding unit. b. That it shall discharge wastes at a reasonably uniform rate in fluid form, which shall flow readily through an approved trap, drain line or soil line in a manner which prevents clogging or stoppage of the drain line. -7- c. That it shall be of such construction and have such operating characteristics that not more than five percent by weight of all material discharged from it shall have any dimension larger than one- fourth inch and no particle shall be greater than one-half inch in any dimension. d. That it shall be self-scouring, with no fouling surfaces to cause objectionable odors. e. That it shall be free from electrical or mechan- ical hazards and shall adequately protect the user against injury during operation. f. That the installation shall be free from cross- connection to any water pipe. g. That the entire installation shall comply in all particulars with the provisions of the plumbing and electrical codes of the City. The final decision as to the sufficiency of the design to meet these requirements shall rest with the Director of Public Works. Sec. 19.107 Installation of Manholes. When required by the Director of Public Works, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director of Public Works. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. Sec. 19.108 Procedure for Measuring, Testing and Analyzing Characteristics of Waters and Wastes. All measurements, tests and analyses of the charac- teristics of waters and wastes to which reference is made in Section 19.102 and 19.104 be determined in accordance with the publication "Standard Methods for the Examination of Water, Sewage and Industrial Wastes," as published by the American Water Works Association, and the American Public Health Association and the Federation of Sewage and Industrial Wastes Association, and shall be deter- mined at the control manhole provided for in Section 19.107, or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Samples for analysis shall be representative of the total waste volume and composite samples shall be collected in proportion to the rate of flow at the time of sam~ling. Quantitative flow measurements ~ha11 b~ made ~s~ng primary metering elements and rec?rd~ng dev~ces ~h~ch have been previously approved by the D~rector of Pub1~c Works. -8- Sec. 19.109 Special Agreements With Other Public Jurisdictions For Discharge of Industrial Wastes. No statement contained in this Chapter shall be con- strued as preventing any special agreement or arrangement between the City and other public jurisdictions or any industrial concern whereby sanitary sewage from public jurisdictions or industrial waste of unusual strength or character may be accepted by the City for treatment, subject to special regulation and payment therefor by the public jurisdiction or industrial concern. Sec. 19.110 Septic Tank Pumpers. The City Sewer Plant will be made available to all licensed septic tank pumpers and wastes collected outside the City limits will be accepted. All septic tank pumpers dumping at the City Sewer Plant shall be subject to a City business license. Fees for dumping wastes shall be set by resolution. Any septic tank pumper discharging into the City Sewer System at any point other than the City Sewer Plant shall be in violation of this ordinance and any such violation shall constitute a misdemeanor. Sec. 19.111 Notice To Abate Violations Of Chapter; Procedure For Enforcement. Any person found to be violating any provision of this Chapter, except Section 19.113, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. All services for water, sewer or garbage may be discontinued for failure to correct the violation within the time limited. At leas. five (5) days prior to such discontinuance a final notice shall be mailed to the person violating the provisions hereof, informing him that discontinuance will be enforced if correction of the violation is not made within the time specified. After the expiration of said five (5) days, if the correction has not been satisfactorily made, all such services may be discontinued. It is hereby expressly provided that failure to cease such violations within the period of time stated in the notice shall constitute a public nuisance, and the City Attorney is hereby authorized, in addition to any other remedies provided by law, to institute abatement proceedings against the violator. Sec. 19.112 Summary Abatement Of Certain Nuisances. Whenever the Director of Public Works, or any duly authorized representative of the City, finds that,a nuisance exists which is an actual menace to pub1~c health and safety, he may abate the same forthwith. Sec. 19.113 Damage to Sewer Apparatus. It shall be unlawful for any person to maliciously, willfully, or negligently break, damage, destroy, uncover, -9= deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works. Sec. 19.114 Civil Liability For Results Of Vio1ationso Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation. SECTION IV. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION V. This ordinance shall take effect and be in force thirty (30) days from and after its passage and approval. PASSED AND ADOPTED this 7th day of July, 1969, by the following vote~ AYES: COUNCILMEMBERS: Batrez, Duffin, Kennedy, Pate, Wentworth and Goodrich NOES~ ABSENT: COUNCILMEMBERS: None COUNCILMEMBERS: Silva APPROVED: )fn~~ Mayor ATTEST: ',F P ,7 , ;, l ~ c?/Z~~er~ .efJq J /, ,!~'ij. ht/~tC4~ {/C'. L/?'.-L~~ t{~1 -10- .. I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 857 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of July , 19 69, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 5th day of August , 19 69. C) ty ~ ~;e~:: ~h<;' Jy;,if~~~l-