Ordinance 1991-10ORDINANCE No. 91-10
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION
19.96, 19.102 (p) (3), 19.106 (b) (3), 19.106 (h)
AND 19.111 AND ENACTING SECTION 19.114-1 OF THE
GILROY CODE PERTAINING TO SEWAGE TREATMENT TO
CONFORM TO THE CODE OF FEDERAL REGULATIONS.
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS
FOLLOWS:
SECTION: I. Section 19.96 is amended to read as follows:
Sec. 19.96 Legal Authority
(a) The city shall operate pursuant to legal authority
enforceable in Federal, State or local courts, which authorizes
or enables the city to apply and to enforce the requirements of
sections 307 (b) and (c), and 402 (b) (8) of the Act and any
regulations implementing those sections.
(b) Whenever the city or any authorized representative of
the city shall have cause to conduct a routine inspection or 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, or for the purpose of
inspecting and monitoring industrial waste discharges for general
compliance, the person may demand entry therein at all reasonable
times, and may take independent samples and if the owners or
occupant shall refuse or delay to open the same and admit a free
examination or sampling, such refusal or delay shall constitute a
misdemeanor.
SECTION II. Section 19.102 (p)(3) is amended to read as
follows:
(3) Dilution Prohibited as Substitute for Treatment. No
user shall ever 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 the limitations contained in the Federal
National Pretreatment Standards, or in any other
pollutant-specific limitation developed by the city or
state.
SECTION III. Section 19.106 (b)(3) is amended to read as
follows:
(3)
Waste water constituents and characteristics including
but not limited to those mentioned in section 19.102 and
19.104 of this article as determined be a State licensed
analytical laboratory; all analyses shall be performed
in accordance with procedures established by the
Administrator pursuant to section 304(h) of the Act and
ORDINANCE No. 91-10
contained in 40 CFR Part 136 and amendments thereto or
with any other test procedures approved by the
Administrator. Sampling shall be performed in
accordance with techniques approved by the
Administrator.
SECTION IV. Section 19.106(h) is amended to read as follows:
(h) Pretreatment
(1) Users shall provide necessary waste water treatment as
required to comply with this article and achieve
compliance with all Federal Categorical Pretreatment
Standards within the time limitations as specified by
the federal pretreatment regulations. Any facilities
required to pretreat waste water to a level acceptable
to the city shall be provided, operated, and maintained
at the user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall
be submitted to the city before construction of the
facility. The review of such plans and operating
procedures will in no way relieve the user from the
responsibility of modifying the facility as necessary
to produce an effluent acceptable to the city under the
provisions of this article. Any subsequent changes in
the pretreatment facilities or method of operation shall
be reported to and be acceptable to the city prior to
the user's initiation of the changes.
(2) The city shall annually publish in a qualified local
newspaper a list of the users which were not in
compliance with any pretreatment requirements or
standards at least once during the twelve (12) previous
months. The notification shall also summarize any
enforcement actions taken against the users during the
same twelve (12) months.
(3) Representatives for the State of California and Federal
regulatory agencies shall be provided unrestricted
access to pretreatment records.
SECTION V. Section 19.111 is amended to read as follows:
Sec. 19.111. Violations; civil penalty
Any user who is found to have violated an order of the city
council or who failed to comply with any provision of this
chapter and the orders, rules, regulations and permits issued
hereunder, shall be fined no less than one thousand dollars
($1000.00) for each offense. Each day on which a violation shall
occur or continue shall be deemed a separate and distinct
offense. The city may also discontinue all services for water
and sewer until the violations are corrected. In addition to the
penalties provided herein, the city may recover reasonable
attorney's fees, court costs, court reporter's fees and other
ORDINANCE No. 91-10
expenses of litigation by appropriate suit at law against the
person found to have violated this chapter or the orders, rules,
regulations and permits issued herein.
SECTION VI. Section 19.114-1 is enacted to read as follows:
Sec. 19.114-11njuctive relief
The city shall have the right to seek injunctive relief for
noncompliance by Industrial Users with any Pretreatment Standards
and Requirements.
SECTION VII. All other ordinances and parts of
ordinances in conflict herewith are hereby repealed.
SECTION VIII. This ordinance shall take effect and be in
full force thirty (30) days from and after its adoption and
approval.
PASSED AND ADOPTED this 6th day of May, 1991 by the
following vote:
AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED: __
//~//' ~ayor
· ~erk
ORDINANCE No. 91-10
3
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 91-10 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 6th day of__ May , 19 91 ,
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
19 91.
~'ity C!erk of the ¢~ty o~
(Seal)
7th day of May