Ordinance 1993-21ORDINANCE NO. 93-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY ADOPTING AN ORDINANCE OF THE SOUTH
COUNTY REGIONAL WASTEWATER AUTHORITY
REGULATING INDUSTRIAL USERS AND SETTING UNI-
FORM REQUIREMENTS FOR DISCHARGE INTO THE
WASTEWATER COLLECTION AND TREATMENT SYSTEM AND
AMENDING SECTIONS 19.1 and 19.96 AND REPEAL-
ING SECTIONS 19.97, 19.98, 19.101, 19.105,
19.109 and 19.113 OF THE GILROY MUNICIPAL CODE
WHEREAS, the City of Gilroy entered into a Joint Powers
Agreement creating the South County Regional Wastewater Authority
(the "Authority") to best meet the City's future needs for the
acquisition, construction and operation of wastewater facilities
and is a Member Agency of that Authority;
WHEREAS, the Authority has jurisdiction over the Indus-
trial, commercial and institutional users within the City of Gilroy
to provide for and monitor the disposal of sewage;
WHEREAS, the Member Agencies of the Authority must adopt
waste disposal standards not inconsistent with those of the
Authority; and
WHEREAS, the Authority has adopted an Ordinance of the
South County Regional Wastewater Authority Regulating Industrial
Users and Setting Uniform Requirements for Discharge into the
Wastewater Collection and Treatment System thereby establishing the
standards for industrial, commercial and institutional waste
disposal in the City of Gilroy;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
The City Council of the City of Gilroy hereby adopts the
Authority's Pretreatment and Sewer Use Ordinance entitled "An
Ordinance of the South County Regional Wastewater Authority
Regulating Industrial Users and Setting Uniform Requirements for
Discharge Into the Wastewater Collection and Treatment System,"
attached hereto as Exhibit A, and incorporated herein by this
ORDINANCE NO. 93 - 21 -1-
reference as if set forth in full, including any and all penalty
clauses that exist therein.
SECTION II
Section 19.1 is hereby amended to read as follows:
19.1
Definitions.
South County Regional Wastewater Authority or
the Authority: shall mean the joint powers
agency established under the Joint Exercise of
Powers Act of the State of California by and
between the Cities of Gilroy and Morgan Hill
to construct, operate and maintain facilities
for the collection, treatment or disposal of
sewage, waste and storm water.
Amend:
Industrial waste or wastewater: Any nondomes-
tic liquid or solid wastes from any producing,
commercial, industrial or institutional estab-
lishments ~f--~A--~r...~ ~...~-~---c.~ Industrial waste
is distinct from sanitary or domestic waste.
Delete: Categorical standards
Environmental Protection Agency or EPA
National Categorical Pretreatment Standard or
pretreatment standard
National Prohibitive Discharge Standard or
prohibitive discharge standard
Natural outlet
New sources
Pretreatment or treatment
Pretreatment requirements
Significant industrial user
SECTION II
Section 19.96 is hereby amended to read as follows, with
deleted matter shown in strike-out type and new matter
shown in underscored type for convenience:
Bec. 19.96
Legal &uthority.
(a)
The City or the Authority shall operate pursuant to
legal authority enforceable in federal, state or
local courts, which authorizes or enables the City
or the Authority to apply and to enforce the
requirements of sections 307(b) and (c), and
402(b)(8) of the Act and any regulations implement-
ing those sections.
Any and all Industrial users, and any and all
Industrial waste or wastewater discharges, as de-
fined in sec. 19.1, shall be regulated by the
Authority and subject to Ordinance 93-1, entitled
-2-
ORDINANCE NO. 93 - 21
the Ordinance of the South County Regional Wastewa-
ter Authority Regulating Industrial Users and
Setting Uniform requirements for Discharge into the
Wastewater Collection and Treatment System, as
adopted and as it may be amended from time to time.
Whenever the city or any other authorized represen-
tative 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 indus-
trial 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 misdemean-
or.
SECTION III
Sections 19.97, 19.98, 19.101, 19.105, 19.109 and 19.113
of the Gilroy Municipal Code are hereby repealed.
SECTION IV
The City Clerk of the City of Gilroy is hereby directed
to publish, maintain copies of and make available to the public
the Ordinance of the South County Regional Wastewater Authority
Regulating Industrial Users and Setting Uniform Requirements for
Discharge into the Wastewater Collection and Treatment System as
adopted by Ordinance 93-1 and as it may be amended from time to
time.
SECTION V
If any section, subsection, subdivision, sentence,
clause, phrase or word of this ordinance is for any reason held to
be invalid or unconstitutional by a court of competent jurisdic-
tion, such decision shall not effect the validity of the remaining
portions of this ordinance. The City Council of the City of Gilroy
hereby declares that it would have passed and adopted this ordi-
nance, and each and all provisions hereof, irrespective of the fact
that one or more provisions may be declared invalid or unconstitu-
tional.
SECTION VI
This ordinance shall take effect and be in full force if
ORDINANCE NO. 93 - 21 -3-
and only if Ordinance 93-1 of the Authority regulating Industrial
users and setting uniform requirements for discharge into the
wastewater collection and treatment system becomes effective, but
in no event shall this ordinance take effect less than thirty (30)
days from and after this ordinance's final adoption and approval.
PASSED AND ADOPTED this 25th day of October, 1993 by the
following vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, HALE, KLOECKER, NELSON,
VALDEZ, GAGE
ABSENT: COUNCILMEMBERS: ROWLISON
ATTEST.'
Susanne E. Steinmetz, City~lerk
APPR~ED: . _
g , ~yor
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ORDINANCE NO. 93 - 21
EXHIBIT A
0~D~ NO. 93- /
The Board of Directors of the South County Regional Wastewater Authority
does hereby ordain as follcws:
SEC~I~ A: This ordinance may be called the "Pretreatment and Sewer Use
SEC~I~ B: Pretreatment and Sewer Use OrH~nance Provisions.
SECTI~ 1 G~IER~L P~VISIf~S
This ordinance shall apply to all industrial users of the South County
Regiooal Wastewater Treatment Plant ("Plant"). The ordinance authorizes the
issuance of Wastewater Discharge Permits; authorizes monitoring, ccmpl~
and enforcement activities; establishes administrative review procedures;
recp,~res industrial reporting; and provides for the setting of fees for the
equitable distribution of costs resulting frc~ the program est~_blished
herein.
This ordinance sets uniform requirements for discharges into the wastewater
collection and treatment system and enables the South County RegioDal
Wastewater Authority ("Authority") to cc~ply with the administrative and
water C~l~l~ty rec~,~rements of the Clean Water Act, the water ~,ality
re~,~re~ents set by the Regiooal Water ~3~l~ty Control Board, the applicable
effluent limitations, natioDal star~ards of performance, toxic and
pretreatment effluent star~ards, and any other discharge criteria which are
re~,~red or authorized by State or Federal law, and to derive the maxinum
public benefit by regulating the ~,al~ty and quantity of wastewater
The objectives of this ordinance to cc~ply with the Clean Water Act are:
To prevent the introduc~-~u of pollutants into the Plant and
n%micipal collection syste~ which will interfere with the
operation of the system or contaminate the resulting sludge;
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To prevent the introd-ction of pollutants into the Plant which
will pass through the system, ima~quately treated, into receiving
waters or the atmosphere or otherwise be incompatible with the
system;
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To improve the opportunity to recycle and reclaim wastew~ters and
sludges frc~ the system;
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To protect the Plant, collection system, and pretreatment
personnel who may be affected by wastewater and sludge in the
course of their employment and to protect the general public;
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To enable the Plant to cc~ly with its waste discharge permit
conditions, sludge use and disposal re~{re~_nts and any other
Federal or State laws to which the Plant is subject.
S~22I~ 1.3 AII~NIS'I~ATI(I~ AND ~
The Anthority Manager or designate s~ll enforce the provisions of this
ordinance, and for such purposes shall have the powers of a peaoe officer.
Such powers shall not limit or otherwise affect the powers and duties of
other Authority officials.
S~C2I(I~ 1.A DEFINI"~Ct~IS
Unless a provision explicitly states otherwise, the following te~ms and
phrases, as used in this ordinance, shall have the meanings hereinafter
designated.
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Act or the ~ct. The Federal Water Pollution Control Act, also
known as the Clean Water Act, as amended, 33 USC 1251 et seq.
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Approval Authority. Regional Water Q,,~l'ity Control Board, Central
Coast Region, San Luis Obispo, C~1 ~fornia._
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Authority. South County Regio~a~ Wastewater Authority, its
officers, al;rectors, designees or agents.
De
Authority Manaqer. The Manager of the Authority or a designated
representative.
E. Authorized Representative of the Industrial User.
An authorized representative of an Industrial User may be:
1. A principal executive officer of at least the level of
vice-president, if the I~,~ial User is a corporation;
2~.----A-g~en-e~al partner or proprietor if the I~,~trial User is
a partnership or proprietorsh~, respectively; or
3. A duly authorized representative of the indivi~,~l
designated above if such representative is responsible
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for the overall operation of the facilities from which
the ir~rect discharge originates.
Beneficial Uses. Uses of the waters of the State that may be
protected against ~,ality degr~ation include, but are not
necessarily limited to: Dc~estic, mmnicipal, agricultural and
industrial supply, power generation, recreation, aesthetic
enjoyment, navigation and the preservation and enhancement of
fish, wildlife and other aquatic resources or reserves, and other
uses, both tangible or intangible as specified by Federal or State
law.
Biochemical Oxyqen Demand (BOD). The quantity of oxygen utilized
in the biochemical oxidation of organic matter under stauHard
laboratory procedure, five (5) days at 20° centigrade expressed in
tenms of mass and concentration [ (milligrams per liter (rog/l)].
Builalnq Sewer. A lateral se~er conveying wast, water frc~ the
premises of the User to a public sanitary sewer collection system.
Cateqorical Standards. National Categorical Pretreatmant
StauHards or Pretreatment Star~a~ds.
Color. The op~cal density at the vi~,a] wave length of maxiaum
absorption relative to distilled water. One hundred percent
(100%) transmittance is equivalent to zero (0.0) optical density.
Cc~posite Sample. A sample resulting fr~ the ccmbination of
individual wast, water samples taken at selected intervals based on
an increment of either flow or time.
Coolinq Water. The water discharge frc~ any uses such as
coDd~tioning, cooling or refrigeration, or to which the only
pollutant ~4ed is heat
Cc~nercial or Industrial Sewaqe. Any and all liquids and/or
solids conta{ ned within liquids from industrial, ccmm~_rc~a] or
institutional processes except liquid borne wastes derived frcm
ora{nary living processes and of such character as to permit
satisfactory disposal, without spec'i~l treatment, into the
sanitary sewage system.
Control Authority. The term "Control Authority" shall refer to
the "Approval Authority," defined herein above; or the Authority
Manager or the Authority Manager's designated authority.
Direct Discharqe. The discharge of treated or untreated
wast, water d(rectly to the waters of the State of C~l(fornia.
Effluent. Sb~] 1 mean the liquid outflow of any facility designed
to treat, convey or retain wast.water.
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Environmental Protection Agency (EPA). The United States
Environmental Protection Agency, or where appropriate the term may
also be used as a designation for the Administrator or other duly
authorized official of said agency.
Existing Source. Any source of discharge, the const~_ction or
operation of which ccmm~_n~ed prior to the publication of proposed
categorical pretreatment star~nrds which will be applicable to
such source if the standard is thereafter prc~ulgated in
accordance with Section 307 of the ~ct (33 USC 1317).
Grab Sample. A sample which is taken frc~ a waste stream on a
one-time basis with no regard to the flow in the waste stream and
without consideration of time or strength.
Health Officer. The county health officer, his assistants or
authorized deputies.
Holdinq Tank Waste. Any waste frc~ holding tanks such as vessels,
chemical toilets, campers, trna]ers, boats, septic tanks and
Ir~irect Discharqe. The discharge or the ~troduction of non-
dcmestic pollutants fr~m any source regulated by the Act, into the
South County Wastewater Sewer Treatment Plant (including holding
tank waste dischn'r'ged into the system).
Industrial User or User. Any contributor of industrial waste or
wastewater.
Industrial Waste or Wastewater. Any nondcmestic liquid or solid
wastes frcm any c~,,,ercial, industrial or institutional
establishment. Industrial waste is distinct frc~ sanitary or
dcmestic waste ....
Inspector. Inspector means the authorized inspector or
representative of the Authority Manager.
Instantaneous Maximum Allowable Discharqe Limit. The max~
concentration (or lo~41ng) of a pollutant allowed to be discharged
at any time, determined frc~ the a~a]ysis of any discrete or
cc~posited sample collected, independent of the industrial flow
rate and the duration of the sampling event.
Interceptor. A dev'_ce or trap to prevent the amount of grease,
sand or oil from entering the sewer system.
Interfer~---/--~'i~ term "Interference" ~__~__ns an inhibition or
disruption of the Plant, its treatment processes or operations, or
its sludge processes, use or disposal which is a cause of or
significantly contributes to either a violation of any
req~,i,'ements of the sewer treatment plants discharge permit
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(incl~d~ng an increase in the magnitude or duration of a
violation) or to the prevention of sewage sludge use or disposal
by the Plant in accord_~nce with the following statutory provisions
add regulations or permits issued under the Solid Waste Disposal
Act (SWDA) (incl,,~ng Title II more cc~nonly referred to as the
Resource Conservation and Recovery Act (RCRA) and incl,,~ng
State regulations contained in any state sludge management plan
prepared pursuant to Subtitle D of the SWDA), the Clean Air Act
and the Toxic Substances Control Act.
Medical Waste. Isolation wastes, infectious agents, human blood
and blood by-products, pathological wastes, sharps, body parts,
fc~ites, etiologic agents, contaminated ~be~44ng, surgical wastes,
poten'l-_'J~l ly contaminated laboratory wastes and dialysis wastes.
Member Aqency. Either or both of the Cities of c~ l roy or
Morgan ~{ll, whose joint exercise of powers agreement created
the Authority.
Nationml Cateqorical Pretreatment Sta~4ard or ".]~r. et.r. eatment
~~." Any regulation conta~ ning pollutant disc..b~rge
~imits prc~ulgated by the EPA in accordance with Section 307(b)
and (c) of the Act (33 USC 1317) which applies to a specific
category of Industrial Users.
National Prohibitive Discharge Sta~4mrd or "prohibitive ~d~soharge
staDaard." Any regulation developed uD4_er ~e authority of
Section 307 (b) of the A~t and 40 CFR, Section 403.5.
New Source. Any source, the construction of which is
cc~menced after the publication of proposed regulations
prescribing a Section 307(c) (33 USC 1317) Categorical
Pretreatment StanH~ ard.
Noncontact Coolinq Water. Water used for coo!{ng which does not
cm into d{rect contact with any raw material, intermediate
product, waste product, or finished product.
Pass Throuqh. A discharge which exits the Plant in ~3antities or
concentrations which, alone or in conjunction with a discharge or
discharges frc~ other sources, is a cause of a violation of any
requirement of the South County Regional Wast,water discharge
pe~t.
Permittee. The person to wh~ a permit has been issued pursuant
to this ordinance.
Person. Au individual, fi~m, partnership or corporation, and
their heirs, assigns or agents.
~. The scale of 1 to 14 which measures acidity and ~] ~] { nity;
7.0 being neutral, 0-6.9 being acidic, and 7.1 - 14 being basic or
PAGE 5
alkaline. Technically, it is the logarithm (base 10) of the
reciprocal of the concentration ~of hydrogen ions expressed in pH
units o
~q. Point of Discharge. The point at which any private sewer joins
the public sewer.
Pollutant. Any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, n%unitions, medical wastes,
chemical wastes, industrial wastes, biological mterials,
radioactive mterials, heat, wrecked or discharged equi~m~_nt,
rock, sand, cellar dirt, agricultural and ir~h~ ,~trial wastes, and
the characteristics of the wastewater [i.e. pH, temperature, TSS,
turbidity, color, BGC, Chemical Oxygen Demand (COD), toxicity,
odor ].
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Publicly Owned Treatment Works (POTW). A treatment works as
defined by the Act. This definition includes any devices and
systems used in the storage, treatment, recyc~g and reclamation
of m~nicipal sewage or im~l.~tr{~l wastes of a liquid nature. It
also includes sewers, pipes and other conveyances only if they
convey wastewater to a POTW. The term also means the nunicipality
as defined in the Act, which has jurisH~ction over the ir~irect
discharges to and the discharges fr~n such a treatment works.
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Pretreatment. The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of
pollutants' properties in wastewater to a less harmful state prior
to or in lieu of discharging or otherwise introducing such
pollutants into a publicly-owned treatment works (PO1W). The
reduction or alteration can be obtained by physical, chemical or
biological processes, process changes, or other means, except as
prohibited by 40 CFR.
----~.-'-Pretreatment re~,irem~nts. Any substantive or procedural
re~,irement related to pretreatment, other than a National
RR. Proqram A~ministrator or ~ministrator. The designee who oversees
the pretreatment program.
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Proh~hited Discharge Star~mrds. Absolute prohibitions agm{nst the
discharge of certain substances; these prohibitions appear in
Section 2.1 of this ordinance.
Reclaimed Water. Water wh~_ch, as a result of treatment of waste,
is suit~_ble for H(rect beneficial use or a controlled use that
would not other~L~e~---oucurz
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Sanitary Sewer. A main line sewer for the acceptance of any
sewage or liquid waste except storm water, surface water, ground
water, roof runoff or other unpolluted water.
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ZZ4.
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Septic Tank Waste. Any sewage frc~ holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
Sewage. All water or a cc~bination of the liquid or water
containing human waste conducted away from residences, business
b,(la(ngs and institutions which is known as dc~estic or sanitary
sewage, together with the liquid or water carried waste resulting
frcm a manufacturing process employed in c~,~rc~al or industrial
establishments including washing, cleaning or dr~n water frc~
such processes which is known as in~ ,,strial waste.
Shall is man_a_atory; Ma~ is permissive.
Siqnificant Industrial User (SIU). Any Industrial User of the
Authority's wastewater disposal system who (a) has a discharge
flow of ten thousand gallons or more per average worR~ay; or (b)
b~-~ a flow greater than five percent of the flow in the
Authority's wastewater treatment system; or (c) has wastes which
are toxic pollutants as derided pursuant to Section 307 of the Act
or State of California Statutes and rules; or (d) is found by the
Authority, state control agency or the U.S. Environmental
Protection ~ency (EPA) to have significant impact, either singly
or in cc~bination with other contributing industries, on the
wastewater treatment system, the ~,al{ty of sludge, the system's
effluent quality, or air emissions generated by the system.
Sluq Load. Any discharge at a flc~ rate or concentration which
could cause a violation of the prohibited discharge star~ards in
Section 2.1 of this or~{nance or any discharge of a nonroutine,
episodic nature, incl,~ng but not limited to, an accidental spill
or a noncustc~ary batch discharge.
Sta~4erd Industrial Classification (SIC) Code. A classification
pur~ant to the Standard Industr{al Classification_Man,~a] issued
by the U.S. Office of Management and Budget.
Total Dissolved Solids (TDS). Matter dissolved in water that will
pass through a filter.
Total Suspended Solids (TSS). The total suspended matter that
floats on the surface of, or is suspended in, water, wastewater or
other liquids, and which is removable by laboratory filtering.
Wastewater. The liquid portion of industrial or ~tic wastes
fr~n d~_l]{ngs, ~ial b,{]dings, iDd~,,-~trial facilities, and
wb~_ch is contributed into or pezmit~ to enter the POTW.
Waters of the State. All streams, lakes, pon~-~, marshes, water
courses, waterways, wells, springs, reservoirs, aquifers,
irrigation systems, drainage systems and all other bodies or
PAGE 7
artificial, public or private, which are contained within, flc~
through, or border upon the State or any portion thereof.
1.5 ABBREVIATI~
The following abbreviations shall have the designated meanings:
BOD -
CFR -
COD -
EPA -
qpd -
1 -
~ -
mqd -
mq/1 -
NPDES -
O&M -
DH -
POTW -
RCRA -
SIC -
$IU -
SWDA -
TOC -
TDS -
TSS -
TTO -
USC -
Biochemical Oxygen Demand
Code of Federal Regulations
Chemical Oxygen Demand
U.S. Environmental Protection A~ency
Gallons Per Day
Million Gallons Per Day
Milligrams Per Liter
National Pollutant Discharge Elimination System
Operation and M~ ~ ntenance
Hydrogen Ion Concentration
Publicly Owned Treatment Works
Sta~4~d IDr~ ,-~tr~ ~l Classifications
Significant Industrial User
Solid Waste Disposal Act (42 USC 6901, et seq. )
Total Organic Carbon
Total Dissolved Solids
Total Suspended Solids
Total Toxic Organics
United States Code
s~c~IC~ 2
S~CTI~ 2.1 PI~f~IBITED DISCHABGE STANDARDS
It sb~] ] be unlawful for any User to contribute or cause to be contributed
a{rectly or ina~rectly, any pollutant or wastewater which will pass through
or cause interference with the operation or perfon~ance of the POTW whether
or not the User is subject to National Categorical Pretreatment Sta~4~rds or
any other natioD~l, state or local pretreatment sta~4m~d or re~,{rement. A
User may not contribute the following substances to the POTW:
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Any liquids, solids or gases which by reason of their nature or
~antity are, or may be, sufficient either alone or by interaction with
other substances to cause a fire or explosion or be injurious in any
other way to th~ POiW or to the operation of the POTW. At no time
shall two successive re~a{ngs on an explosion haTard meter at the point
of ~charge into the system (or at any point in the system) be more
than five percent (5%) nor any single re~ a{ng over ten percent (10%)
of the Low~st Explosive L~mit (~.) of the meter. Prohibited mater{al s
include but are not limited to, gasoline, kerosene, n~phtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, brcmates, carbides, hydrides and sulfides and
PAGE 8
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any other substances which the Anthority, the State or EPA ban notified
the User is a fire hazard or hazard to the system.
Solids or viscous substances which may cause obstruction to the flow in
a sewer or other interference with the operation of the wastewater
treatment facilities.
Wastes having a monitored pH lower than 6.5 or higher than 11.0, or
having any corrosive property capable of causing damage or hazards to
structures, equipment, or personnel of the public sewer systems. Where
the Authority deems it advisable, it may be rec~,~red that any person
manner a suitable device to continuously measure and record the pH of
the wastes so discharged.
Any wastewater containing toxic pollutants in sufficient ~,antity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, constitute a ba?ard to
humans or animals, create a toxic effect in the receiving waters of the
Plant, or to exceed the limitation set forth in a Categorical
Pretreatment Star~ard. A toxic pollutant sb~ll include, but not be
limited to, any pollutant identified pur~,_~nt to the ~ct.
Any noxious or malodorous liquids, gases, or solids which either singly
or by interaction with other wastes are sufficient to create a public
n,~-~nnce or hazard to life or health, or is sufficient to prevent entry
into the sewer system for testing, m~{ntenance and rep~{r.
Any substance which may cause the Plant's effluent or any other product
of the Plant such as residues, sludges or scums, to be unsuitable for
reclamation and reuse or to interfere with the reclamation process. In
no case shall a substance discharged to the POTW cause the Plant to be
in non-cc~pl ~nce with sludge use or disposal criteria, guidel{nes or
regulations developed under the ~t; any criteria, ~,~el~nes, or
regulations affecting sludge use or disposal developed pursuant to the
Solids Waste Disposal Act, or State criteria applicable to the sludge
management method being used.
Any substance which will cause the Plant to violate its Wastewa~
Discharge Re~,~ rements.
Any wastewater with objectionable color not removed in the treatment
process o
Any wastewater with heat in amounts which will inb{hit biological
activity in the POTW resulting in interference, but in no case heat in
such ~ntities that the temperature at the Plant exceeds 40°C (104°F)
unless the Approval Authority upon requests of the Plant approves
alternate temperature limits.
Any pollutants, incl,,a~ng oxygen demanding pollutants (BOD, etc. )
released at a flow rate and/or pollutants concentration which a User
PAGE 9
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knows or has reason to know will cause interference to the POTW. In no
case sba1 1 a sudden unexpected discharge have a flow rate or contain
concentrations or quantities of pollutants that exceed for any t/me
period longer than fifteen (15) minutes more than five (5) times the
average twenty-four (24) hour concentration, quantities, or flow during
nonual operation.
Any wast°water conta/ning any racH oactive wastes or isotopes of such
half-life or concentration as may exceed limits established by
applicable state or federal regulations.
Any wastewater which causes a hazard to human 1 ~ fe or creates a public
nuisance.
Stonu water, surface water, ground water, artesian ~ water, roof
runoff, subsurface drainage, condensate, deionized water, noncontact
cool ~ ng water, and unpolluted ir~nstrial wast°water.
T3mitations on point of discharge: No person sb~ll discharge any
substances a(rectly into a manhole or other opening in a public sewer
other than through an approved b~l~ng sewer, except upon written
application by the User and payment of the applicable User charges and
fees o
Wastes cont~ ning visible amounts of grease, oil or other substances in
concentrations or flows sufficient to cause stoppage, pluggage, or
obstruction of flow to the Plant, or cause any other ~a~age or
increased maintenance of the collection system.
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Wastes prohibited by this section shall not be processed or stored in
such a manner that they could be discharged to the POTW. All floor
drains located in process or materials storage areas mast discharge to
the Industrial User's pretreatment facility before connecting with the
POTW° --
S~T'I(~ 2.2 J~~ DISC~%B~ PREV~ AND NOTIFICATI(Iq
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Detailed Plans: Each User shall provide protection fr~ accidental
discharge of prohibited mter~al s or other substances regulated by this
ordinance. Facilities to prevent aocidental discharge of prob{hited
mterials shall be provided and maintained at the owner or User's own
cost and expense. Detm{led plans showing fac~l{ties and operating
procedures to provide this protection sb~l l be ~3kmitted to the
Authority for review and shall be approved by the Authority before
construction of the facility.
No User who c~mnces contribution to the POTW after the effective date
of this or~{nance sh~]l be pezmitted-to-~trodnce pollutants into the
system until accidental discharge procedures have been approved by the
Authority. Review and approval of such plans and operating prccedztres
sb~l not relieve the Industrial User fr~n the responsibility to n~4~y
PAGE 10
the User's facility as necessary to meet the rec~,~rem~nts of this
ordinance o
Be
In the case of an accidental discharge, it is the responsibility of the
User to in~e~m~ly noti~ the Program A~ministrator and Plant operator
of the incident. The notification shall include location of discharge,
type of waste, concentration and volume, and corrective actions.
Written Notice: Within five (5) days follc~ing an accidental discharge
the User shall suhnit to the Authority a detailed written report
describing the cause of the discharge and the me~___-~ures to be taken by
the User to prevent similar future occurrences. Such notification
sba] 1 not relieve the User of any expense, loss, damage or other
liability which may be incurred as a result of damage to the POTW, fish
kills, or any other damage to person or property; nor shall such
notification relieve the User of any fines, civil penalties, or other
liabilities which may be imposed by this ordinance or other applicable
law.
Notices to Employees: A notice sb~]l be posted on the User's bulletin
board or other pr~ninent place advising employees whcm to call in the
event of an accidental discharge. Employers sba] 1 insure that all
employees who may cause such an accidental discharge to occur are
advised of the emergency notification procedure.
National Categorical Pretreatment Stam~mrds shall be in a~4~tion to
Prohibited Discharge Stmnamrds cited in Section 2.1 of this ordinance.
Be
Upon the prcm~lgation of the Federal Categorical Pretreatment Standards
for a particular industrial category, the Federal StamH~rd, if more
stringent than limitations imposed um~_er this Part for sources in that
category, shall immmiiatel¥ supersede the_l_imitations imposed under
this article. The A~ninistrator shall notify all affected Users of Ge
applicable reporting rec~,~rements of 40 CFR.
Where specific prohibitions or limits on pollutants or pollutant
parameters are developed by the Authority in accordance with Prohibited
Discharge Sta_n~rds (2.1), such limits sb~l l be deemed pretreatment
star~ards for the purposes of the Act.
2.4 SPECIFIC
It shall be unlawful for any User to discharge wast. water cont~ning in
excess of:
1000
1000 rog/1
* mg/1
100 rog/1
BOD
TDS
Grease & Oil as petroleum hydrocarbons
PAGE 11
40oc. Temperature
pH within 6.5 to 11.0 pH units
0.4 mg/1 Arsenic
0.01 m~/1 C~_~mium
0.6 mg/1 Copper
0.1 mg/1 Cyanide
0.4 mg/1 Lead
0.0~ ~/~ Mercu~
0.9 mg/1 .Nickel
1.0 mg/1 Silver
4.0 rog/1 Total Chromium
1.0 rog/1 Zinc
* _NOT~__~: A ~D6 limit to oc~pl¥ with
~_-h- STP's TDS effluent limit
1.0 mg/1 Phenolic c~unds
Trace m~/1 total identifiable chlorinated hydrocarbons.
Trace mg/1 toxic organic c~pounds (priority pollutants as defined by the
EPA.
Concentrations apply at the point where the industrial waste is discharged
to the POTW. All concentrations for metallic substances are for "total"
metals unless i~4~cated otherwise. The Administrator may impose mass
] ~mitations in ~tion to or in place of the concentration based
1 ~WL~' rations above.
State requirements and limitations on dis=barges s~!l apply in any case
where they are more stringent than Federal re~,{rements or limitations in
this or~{nance. A M~mber Agency's re~{re~ents and limitations on
discharges shall apply in any case within the territorial jurisdiction of
the Member Agency where they are more stringent than Federal rec~rements or
limitations in this ordinance.
S~IC~ 2.6 PJJ~~'S RI~ ~
The Authority reserves the right to establish by ordinance more stringent
limita~ons or re~reu~nts on discharges to the wastewater disposal system.
It shall be unlawful for any User to increa-~e the use of process water or,
in any way, attempt to d~]ute a discharge as a partial or ccmplete
substitute for adequate treatment to achieve cc~pliance with the limitations
cont~ned in the Federal National Pretreatment Sta~4a~ds, or in any other
pollutant-specific limitation developed by the city or state.
SEC~I~ 2.8 DISC~%RGE TO NATURAL OU~RTS
It sh~]l be unlawful to discharge to any'~-0~tlet any sanitary sewage,
ir~,~trial wastes, petroleum products, coal tar, or any refuse frcm any
PAGE 12
Any person who di.~charges rainwater frc~ cc~mercial/industrlal properties to
stonu drains, streets, and natural outlets, which discharged rainwater
contains pollutants that may impact receiving waters such as streams,
creeks, rivers, and/or aquifers of the state, shall r~move such pollutants
by best manage~nt practices.
SECTICN 2.10 HGLDII~ TANK
It shall be unlawful for any User to discharge holding tank waste into a
sanitary sewer without prior written approval of the Authority. Unless
otherwise provided in an approval, a separate written approval must be
secured for each separate discharge. Applications for holding tank
discharge approvals shall state the specific location of the discharge, the
time of day the discharge is to occur, the volume of the discharge and the
wastewater constituents and characteristics of the discharge. If approval
is granted for the discharge of such waste into a sanitary sewer, the User
sb~ll pay the applicable User charges and fees and sb~l 1 meet such other
conditions as re~,~red by the Authority.
SECTIC~ 2.11 YmSl{ RACK
No person c~ning or operating a private or public autc~obile wash rack
pemmit any water or effluent therefrc~ to flow into any sanitary sewer
unless such wash rack is roofed over and is equipped with a sand-oil
interceptor approved by the A~dnls~ator or his designee.
It sh~ll be unlawful for any person to discharge water from swinudng pools,
whether public or private, into a stonu sewer or gutter. All swimuing pool
water shall be discharged into a sanitary sewer and only upon issuance of a
pezmit by the Authority,~ payment of the applicable User charges and fees,
and satisfaction of such other conditions as are re~so~ly re~,{ red by the
Authority.
ao
Be
Ce
Any business or establishment such as, but not limited to restaurants,
bakeries, donut shops, takeout, drive-in eating establishments, ice
cream or milk drive-in stations, hospitals, hotels, markets, recreation
or reception halls, etc., where any grease or other objectionable
materials may be discharged into a public or private sewage m~{n or
disposal system, sba] 1 have a grease interceptor.
Interceptors shall be constructed in accoD4ance with app~le
Each grease interceptor shall be so installed and connected that it
sba] 1 be at all ~ easily accessible for inspection, cleaning and
removal of the intercepted grease. Proper installation of the grease
PAGE 13
interceptor sb~ 1 meet the Plumbing Code and the approval of the
Administrator.
D. Each business est_~_blishment for which a grease interceptor is required
shall have an interceptor, which sba] 1 serve only that business
establishment.
E. ~]~ngs remodeled to acccml~odate uses recovering interceptors shall be
subject to these regulations.
F. Waste discharge from fixtures and equipment in the above mentioned
types of est~_blishments which may contain grea-~e or other objectior~hle
materials, including, but not limited to, scullery sinks, pot and pan
sinks, dishwashers, soup kettles, etc. and floor dra~ ns located in
areas where such objectionable mteri~ls my exist, may be drained into
the sanitary sewer through the interceptor only after approval by the
Administrator. Exception: Toilets, urir~ls, and other fixtures
containing fecal material may not flow through the interceptor.
G. Interceptors shall be m~n~a~ned in efficient operating coDd~tion by
periodic removal of the accumulated grease. No such collected grease
sba11 be introduced into any drainage piping or public or private
sewer.
H. Abandoned grease interceptors shall be emptied and filled as recovered
for abandoned septic tanks in the Uniform Plumbing Code.
S~IC~ 3
The Authority Manager is hereby authorized to establish any rules and
rec3~]ations necessary or .a~r. opriate for the enf.o~t of~this~l~,
and may delegate and ap~' __~,~loyees of the Aut~orlty ~or .
~gencies to act on his beb~l f.
Sl!X/~ 3.2 ~ DISCHARG~ ~
It shall be unlawful for any User to connect or to discharge into a
sanitary se~r without first obtaining a Wastewater Discharge Permit
frc~ the Authority.
®
Permit Application. Users re~!ired to obtain a Wastewa~ Discharge
Permit shall ccmplete and file an application with the Authority within
15 days of a notice to apply. Proposed new Users shall apply 90 days
prior to actna] connection to the system.
e
The Authority will evaluate the data furnis~rd~e~User and may
re~,ire a~itio~l information. After evaluation and ac~ of the
data furnished, the Authority may issue a Wastewa'ter DiscJ~rge Permit
subject to terms and conditions provided herein.
PAGE 14
e
0
Penmit Duration. Permits may be issued for a maxinum period of five
years. A penmit may be issued for a period less than five years or may
be stated to expire on a specific date. Any User wishing to continue
its discharge shall apply for permit reissuance a ~ of 60 days
prior to the expiration of the User's existing penmit. The terms and
conditions of the pezmit may be subject to modification by the
Authority during the term of the peri, it as limitations or re~,~rements
are identified, circumstances or laws change, or other just cause
exists. The User sha] 1 be infonmed of any proposed changes to a penmit
at least 30 days prior to the effective date of change. Any changes or
new conditions in the permit shall include a reasonable time sch~,~]e
for compliance.
Permit Transfer. Wastewater Discharge Permits are issued to a specific
User for a specific operation. A Wastewater Discharge Permit shall not
be reassigned, transferred to or sold to a new owner, new User,
d~fferent premises, or a new or changed operation without the approval
of the Authority. Any succeeding owner or User shall also ccmply with
the tenms and conditions of the existing penmit until a new permit is
issued o
Wastewater Discharge Permits shall be expressly subject to all provisions of
this ordinance and all other applicable regulations, User charges and fees
established by the Authority or its Member Agencies. Pemmits may contain
the following:
ae
The unit charge or schedule of User charges and fees for the waste
water to be discharged to a public sewer;
Be
Limits on the average and max~ waste water constituents and
characteristics;
Ce
L~mits on the average and maxin~m rate and time of discharge or
re~4rements for flew regulations and e~,a]~zation;
De
Re~4r~ts for installation and m~{ntenance of inspection and
sampling facilities;
Ee
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and sta~4ards for
tests and reporting schedules;
F. Compliance schedules;
If ~{tional pretreatment and/or operations and ma{ntenance are
recf, 4 red to meet the pretreatment star~rds, the Wastewater
Discharge Permit shall re~,~re the User to follow a sche~,le to
provide w_ch ~tltioDal pretreatment at the earliest possible
date. The ccupletion date in this schedule sba1] not be later
than the ccmpl~ date established for the applicable
PAGE 15
pretreatment staDHard. The following coD~tions shall apply to
this schedule:
(i)
The User shall prepare and suhnit at its expense a proposed
schedule for inclusion in the permit. The Authority sba11
review and refine such schedule at the User's expense.
The schedule shall conta/n perfonm~nce star~ards in the fonn
of dates for the cc~zencement and cc~pletion in the shortest
time of major events, leading to the construction and
operation of a~4~tional pretreatment that may be re~,~red
for the User to n~et applicable pretreatment sta~4ards
(e.g., hiring an engineer, cc~pleting prelimiDary plans,
c~,pleting final plans, executing contract for major
cc~ponents, cc~mencing construction, cc~pleting
construction, etc. ).
( ~ q ~ ) No increment referred to in paragraph (ii) shall exceed
nine (9) months.
(iv)
Not later than fourteen (14) days follc~ing each perfozmance
standard date and the final date for cc~pl/ance, the User
shall suhnit a progress report to the Program ~istrator
including, at m/nimum, whether or not it cc~plied with the
per~o~e standard, the reason for delay, and the steps
being taken by the User to return to the schedule
established.
(v)
Failure to satisfy any perfonmance stauH~ or the finial
date for cc~pliance sba] 1 constitute a material violation
of the Wastewater Discharge Permit.
Ge
Rec~,{re~_nts for ~,~ission of technical reports or discharge
reports; .........
Re~{r~ts for notifying the Authority of any new ~troduction
of wastewater constituents or any substantial change in the
volume or character of the wastewater constituents being
introduced to the Plant.
I. Re~,~r~ts for notifying the Authority of slug discharges;
Other conditions as deemed appropriate by the Authority to ensure
cut¥1iance with this ora~nance.
Ccmpl~ date report. Within ninety (90) days following the date
for final cc~pliance with applicable pretreatment sta~4ards or, in the case
of a new source, following c~,,,encement of the introductio~ of waste water
PAGE 16
into the sanitary sewer system any User subject to pretreatment star~ards
and rec~Hrements shall suk~it to the Administrator a Baseline Monitoring
Report stating the follc~ing:
the nature and concentration of all pollutants in the discharge
frc~ the regulated process which are limited by pretreatment
the average and maximum da~ ]y flow for the regulated process which
is limited by pretreatment stauHards and rec~Hrements;
Ce
the average and maximum daily flow for these process units in the
User facility which are limited by such pretreatment standards or
rec~ ~ ~ rements;
De
whether the applicable pretreatment star~_~srds or rec~Hrements are
being met on a consistent basis and, if not, what s~4~tional
operation and maintenance and/or pretreatment is necessary to
bring the User into cc~pliance with the applicable pretreatment
star~rds or re~Hrements.
The Baseline Monitoring Report and all other reports to be suhnitted under
40 CFR Section 403.12 shall be signed by an authorized representative of the
I_n~l~u~trial User, and certified to by a ~,al ified professional.
S~C~I(~ 4.2 PERIODIC
ae
Be
Any User subject to a pretreatment star~rd, after the cc~pliance
date of such pretreatment st~x~ or, in the case of a
source, after ~ of the discharge into the sanitary
sewer system, shall suhnit to the Administrator during the months
of June and Dece~er, unless re~Hred more frequently by the
Administrator, a periodic cc~pl/ance report indicating the nature
and concentratio~ of pollutants_in the._effluent ~nich are l~mited .
by such pretreatment star~rds.
The periodic cc~pliance report shall include a record of all aa{ly
flows which during the reporting period exceeded the average a~{ly
flow.
Ce
De
At the discretion of the Administrator and in consideration of
w_ch factors as local high or iow flow rates, holidays, budget
cycles, etc., the ~'strator may agree to alter the months
during which the above reports are to be suhnitted.
The Ad/~i~/strator may impose mass limitations on Users where the
imposition of mass limitations is appropriate. In such cases,
the report re, Hr ed by subparagraph (A) of this section sba] l
im4{cate the mass of pollutants regulated by pretreatment
star~ards in the effluent of the User. These reports sba] 1
contain the results of sampling and analysis of the discharge,
PAGE 17
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and mass where requested by the Administrator of pollutants
contained therein which are limited by the applicable pretreatment
standards. The frequency of monitoring sb~l 1 be prescribed in the
applicable pretreatment staDa~rd.
All analysis sha l 1 be performed in accordance with procedures
established by the Program Admin~s' trator pur~3_~ut to Section
304(g) of the Act and contained in 40 CFR, Part 136, and
amendments thereto or with any other test procedures approved by
the Program ~ministrator. Resampling shall be performed in
accordance with the techniques approved by the Program
AdmLnistrator.
Fe
Where 40 CFR, Part 136, does not incl~de a 'sampling or aDalytical
technique for the pollutant in question, sampling and aDalysis
shall be perfon~ed in accordance with the procedures set forth in
the EPA publication, "Sampling and ADalysis Procedures for
Screening of Industrial Effluents for Priority Pollutants," April,
1977, and amendments thereto, or with any other sampling and
analytical procedures approved by the Program Administrator.
4.3
The Authority may recreate, at the User's expense, a sewer test manhole or
other monitoring facilities to allow inspection, sampling, and flow
measurement of a k~,~]ding sewer and/or internal dra{nage systems. The
monitoring facility should normally be situated on the User's premises, but
the Authority may, when such a location would be impractical or cause undue
hardship on the User, allow the facility to be constructed in the public
street or sidewalk area and located so that it may not be obstructed by
landscaping or parked vehicles.
There shall be ample roc~ in or near such sampling manhole or facility to
~llow accurate sampling and pre_~D~r~__ti_on of samples for a~lysis. The
fac(l~ty, sampling and measuring equipment shall be ~(ntained at all times
in a safe and proper operating coDa(tion at the expense of the User.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Authority's
rec~,~rements and all applicable local construction starry-ds and
specifications. Construction shall be cc~pleted within 90 days following
written notification by the Authority, unless otherwise allowed.
The Authority shall inspect the facilities of any User to ascertain whether
the purpose of this ordinance is being met and all re~,(rements are being
or discharged sbal 1 allow tb~ Authority ready access at all reasonable times
to all parts of the premises for the purposes of inspection, sampling,
records examination or in the perfozmance of any of its duties. The
Authority, Approval Authority and EPA shal 1 have the right to set up on the
PAGE 18
User's property such devices as are necessary to conduct sampling,
inspection, cc~pliance monitoring and/or metering operations. Where a User
ba.~ security measures in force which would re~,ire proper identification and
clearance before entry into its premises, the User shall make necessary
arrangements with its security guards so that upon presentation of suit~_ble
identification, personnel frc~ the Authority, Approval Authority and EPA
will be penmitted to enter, without delay, for the purpose of performing
their specific responsibilities.
SECTI~ 4.5 ~ FAC~.TTIES
Users shall provide all wastewater pretreatment facilities re~,ired to
ccmply with this oralnance and shall achieve cc~pliance with all Federal
Categorical Pretreatment Star~srds within the time limitations as specified
by the Federal Pretreatment Regulations. Facilities re~,ired to pretreat
wastewater to a level acceptable to the Authority sba1 1 be provided,
operated and n~intsined at the User's expense. De~siled plans shc~ing the
pretreatment facilities and operating procedures sba11 be suhu[tted to the
Authority for review, and sba11 be acceptable to the Authority before
construction of the facility. The review of such plans and operating
procedures will in no way relieve the User fr~n the responsibility of
modifying the facility as necessary to produce an effluent accepts_hie to the
Authority 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 Authority prior to the User's initiation of the
changes.
The User shall retain all records relating to ccmpliance with Pretreatment
Sta~4a~ds and make them available to officials of the EPA or Approval
authority upon request.
SECTZClq 4.6 ~~L~T.TTY
ae
Infozmation and data on a User obtained frc~ reports,
questionDalres, permit applications, permits and monitoring
programs and from inspections sba11 be ava l ]able to the public or
other govermnental agency without restriction, unless the User
specifically requests and is able to demonstrate to the
satisfaction of the Authority that the release of such information
would divulge infoI~ation, processes or methods of production
entitled to protection as trade secrets of the User.
Be
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes
sha] 1 not be made available for inspection by the public, but
shall be ma~e av~i ]able upon written request to govez-~.,~ntal
agencies for uses related to this chapter, the Natior~] Pollutant
Discharge Elimination System (NPDES) Pezmit, state disposal system
penmit and/or the pretreatment program; provided, however, that
such portions of a report shall be av~i ]~ble for use by the state
or any state agency in judicial review or enforcement procee~i~s
involving the person furnishing the report. Wastewater
PAGE 19
constituents and characteristics will not be recognized as
confidenti ~! infonnation.
Co
Information accepted by the Authority as confidential shall not be
transmitted to any gov~tal agency or to the general public by
the Authority unless a ten-day notification is given to the User.
S~CTI~ 4.7 R~0~DS RETENTI~
All Industrial Users shall retain for a mininum of three (3) years any
records of monitoring activities and results (whether or not such monitoring
activities are rec~,ired by the Authority) and shall make such records
avai 1able for inspection and copying by the Authority. This period of
retention shall be extended during the course of any unresolved litigation
regarding the Industrial User or when requested by the Authority.
SEC~I~ 5
l~l~I(l~ S. 1 VI(IATI~--N~IICI
Whenever the Authority fiDd-~ that any person is acting in violation of any
provision of this ordinance, or of any permit issued hereunder, the
Authority shall serve upon the person causing such violation, incl,~dlng the
permittee, if a permit has been issued, a notice of violation. This notice
shall state the act or acts constituting the violation and sba] 1 direct that
the violation be corrected within such time, to be specified in the notice,
as the Authority my deem reasomahle. A person who has been so notified
shall cease all such acts within the time so specified and shall not resm~
them until the Authority detemmines that all of the violations charged in
the notice have been corrected.
5.2 VIO~V_TI~--MANNER ~F GIVIN~ NO~ICE
ae
Any notice or order rec~,ired to be _~_ven__- under the te~ms of thi~
ordinance, inclnding a notice of violation, a notice of hearing, a
cease and desist order, or an administrative ccmplalnt, sha].l be
in writing, and may be served by any one of the following methods:
In the manner provided for in the California Code of Civil
Procedure for service of process;
e
By certified mail with return receipt, sent to the last
address given to the Authority;
3. By handdelivery.
When the Authority finds that a discharge of wastewater b~.~ been taking
place in violation of problhition or limitations prescribed in this
ordinance, or wastewater source control re~,iren~ts, effluent limitations
or pretreatment standards, or the provisiorm of a Wastewater Discharge
PAGE 20
Pennit, the Authority may rec~,~re the User to submit for approval, with such
modifications as it deems necessary, a detailed cc~pliance time schedule of
specific actions which the User shall take in order to prevent or correct a
violation of rec~,irements. Preparation and Authority review of the schedule
shall be at the User's sole expense.
5.4 CEASE AND DESIST ~DER
The Administrator may issue a Cease and Desist Order to any person found to
be in violation of provisions of this ordinance, or of their Wast, water
Discharge Permit, or as a preventative action in the event of a threatened
violation. The A~ninistrator may include a time schedule for ccmpl/ance
with the Cease and Desist Order.
S~CTI~ 5.5 AI~INI~ FINES
The Authority may issue and serve an administrative ccmpla~nt on
any person who violates any provision of this ordinance, a
wast.water discharge permit, or order issued hereunder, or any
other pretreatment standard or re~,~rement. The cc~plaint sb~ll
allege the act or failure to act that constitutes each violation,
the provisions of law authorizing the imposition of an
aw~tnistrative penalty, and the proposed penalty. The c~la{nt
sba] 1 infozm the person named of the time and place that a
hearing shall be held on the allegations of the ccmplaint, and
that the person may elect to waive this hearing.
Within 60 days after the person has been served, the Dx~ini~ator
shall hold a not~ced public hearing, at which the Authority and
the person may each present information relevant to the
allegations of the c~L~laint. Formal rules of evidence shall not
apply to this hearing. The person named in the cuL~l~nt may
waive the right to a hearing by serving a written waiver on the
A~ninistrator prior to or at the time of the hearing. If the
right to a hearing is waived, no hearing shall be held.
C®
Whether or not a hearing is held, the Administrator shall issue
and serve on the person named in the ccmplm~ nt, and on any person
who appeared at the hearing, if any, and requested a copy, a
written Decision and Order. The Decision and Order shall be
issued within 15 working days after:
1. The date the Administrator is served with a waiver of
hearing if no hearing is held; or
2. The date the hearing is concluded, if a hearing is held.
De
The person named in the cc~plaint may appeal the A~mlnlstrator's
Decision and Order to the Authority Board by delivering a written
notice of appeal, accompanied by full payment of any per,.'~lties
assessed in the Decision and Order, to the Clerk of the Authority
Board within 30 days of service of the Decision and Order. The
PAGE 21
Ee
F®
Ge
notice of appeal shal 1 set forth grouDd~ for appeal and reasons
why the appeal should be granted. The payment shall be held by
the Authority peDd~ng appeal. The Clerk shall intnediately forward
a copy of the notice to the Administrator, who sba] 1 cc~pile the
record of the Administrator's hearing for the Board's review.
The Authority Board may issue an Order Denying Review or may hear
the appeal. If it hears the appeal, it shall do so within 15
working days of receiving the notice of appeal. On appeal, the
Authority Board shall review the record of the Administrator's
hearing, if any, conduct an additional hearing at which fonaal
rules of evidence shall not apply, and exercise its independent
judgment on the matter. Within 15 working days after the appeal
hearing is concl~ded, the Authority Board sba] 1 issue and serve
on the person named in the cc~plaint, and on any person who
appeared at the hearing and requested a copy, a Decision and
Order on Appeal affirming, reversing, or modifying the
Administrator's Decision and Order. The person named in the
ccapla ~ nt my appeal the Authority Board' s detennination to
the Superior Court by filing a petition for a writ of maDdate
within 30 days follc~ing service of the Order Denying Review or
the Decision and Order on Appeal, pursuant to California
Governmant Code section 54740.6.
Administrative penalties which may be imposed by the
Administrator, or the Authority Board on appeal, are as follows:
Au amount not to exceed two thousand dollars ($2,000)
for each day for fa{ 1 ing or refusing to furnish
technical or monitoring reports.
e
Au amount not to exceed three thousand dollars ($3,000)
for each day for fa{ ling or refusing to timely ccmply
with any ~mpliance schedule e_stab_ ' .lished by the local
agency.
e
An amount not to exceed five thousand dollars ($5,000)
per violation for each day for discharges in violation
of any waste discharge limitation, penait condition,
or rec~,~r~nent issued, reissued, or adopted by the
Authority.
0
An amount not to exceed ten dollars ($10) per gallon
for discharges in violation of any suspension, cease
and desist order or other orders, or prohibition
issued, reissued, or adopted by the Authority.
In imposing penalties, the ~m/nistrator or Authority Boar~--~-o~
appeal may take into consideration all relevant circtuastances,
including, but not limited to, the extent of harm caused by the
violation, the econcm~c benefit derived through any nonccmp~,
the nature and persistence of the violation, the length of time
PAGE 22
over which the violation occurs, and corrective action, if any,
taken or attempted by the person.
Unless timely appealed, all Orders in this Section 5.5 becc~ae
effective and final upon issuance, and payment of penalties
shall be made within 30 days. Any pema]ties which r~mmln
delinquent for 60 days shall constitute a lien against the
real property of the person upon which the violations resulting
in the penalty occurred. All penalties collected shall be
deposited in a special account of the Authority and shall be
made aval]able for the monitoring, treatment, and control of
discharges into the ~ or for other mitigation measures.
No pa~lties shall be recoverable under this section 5.5 for
any violation for which civil liability is recovered in the
courts. Notwithstanding the foregoing, the Authority may,
at its option, elect to petition the Superior Court to confirm
any Order establishing penalties under this section 5.5 and to
enter judgment in confonmity therewith in accordance with
sections 1285 to 1287.6 of the California Code of Civil
Je
This section 5.5 establishes an alternative procedure for
enforcement of this ora~nance and shall not be deemed to
limit any other legal remedies available to the Authority.
5.6 ~ SUMP~SIC~ OR REVOCATI~ OF PERMIT
ae
When a violation hereof creates conditions that necessitate an
imnediate cessation of operation because of extraordln~ry
c~s, persistent nonc..~pliance, or an i~ninent threat to
public health and safety, the Administrator may suspend or revoke
the pezmit and serve written u~tice of such suspension or
revocation on the pexmittee. The Administra~ may also suspend
or revoke a permit if an objectio~hle condition listed in a
notice of correction is not corrected within the time stipulated.
Be
A person whose permit has been suspended or revoked, as provided
for herein, sba] 1 in~ediately discontinue the deposit or discharge
of industrial waste, sewage or effluent and shall not resume such
deposit or ~e until the permit bm-~ been reinstated or a new
permit ba.~ been issued. The pezmittee may appeal the
Admin~_strator's decision to the Authority Manager within ten (10)
working days after the notice is issued. The appeal shall be in
writing and shall state the grounds for the appeal.
S~C~ 5.7 ~EP~SAL, Dll~(~li'I~ql.~%l~ OR ~[II~%WI(I~I OF Si!IRVICE
A®
The Authority my refuse to furnish sanitary sewer service and my
discontinue or terminate such service to any premises where the
~ministrator finds that:
PAGE 23
1. discharge frau such premises is detriu~_ntal or injurious to the
sanitary sewer syst~u or to other premises or;
2. a negligent or wasteful use of water exists at any premises
which adversely affects the sanitary sewer syst~u or;
discharge frcm such premises causes a condition of
contamination, pollution, or creates a threat to the public
health and safety.
B®
Service to a premises shall be discontinued or terminated by the
Administrator only with the prior approval of the Authority Manager
and after service on the person affected of written notification of
the action and the reasons therefor.
Any person aggrieved by the ~ministrator's decision my appeal to
the Authority Manager within ten (10) working days after the
decision is issued. The appeal shall be in writing and sh~ll state
the grounds for the appeal.
AND APPEALS
ae
Any User, permit applicant, or permit holder affected by a
decision, action, interpretation, or detenuination other than an
Order under Section 5.5 or a decision under Sections 5.6 and 5.7
made or taken pursuant to this ordinance or to any permit issued
hereunder, may file with the ~ninistrator a written request for
reconsideration within ten (10) working days of such decision,
action, interpretation, or determination, setting forth in detA{]
the facts supporting the User's request for reconsideration. The
D~ministrator shall respond in writing within five (5) working
days.
Any person aggrieved by the response of _the ~6/uistrator may
appeal to the Authority Manager within ten (10) working days after
the decision is issued. The appeal shall be in writing and shall
state the grounds for the appeal.
5.9 BEARI~S BY AI.{'~~ IvlAN;KIER
The Authority Manager shall cause a hearing to be held:
Upon tiu~ly appeal of the s~,,~ry suspension or revocation of a
permit pursuant to Section 5.6.
Upon timely appeal of the ~dministrator's decision to refuse,
discontinue, tenuinate services tenuinate service pursuant to
Section 5.7.
Upon timely appeal frcm a response upon reconsideration by
the Administrator pursuant to Section 5.8.
PAGE 24
The Authority Manager shall hold the hearing within fifteen (15) working
days follc~ing not-ice of the appeal. The applicant shall be given notice of
said hearing at least five (5) working days prior to the hearing date.
The time and place of the hearing shall be fixed in said notice. The
Authority Manager sh~] 1 hear the penm~ttee or User and all witnesses
together with any proper documentary evidence offered in support of or
against the Administrator's decision. The Authority Manager shall issue a
written decision within five (5) working days of the conclusion of the
hearing upholding, modifying, or overruling the Administrator's decision.
If, frc~ evidence, the Authority Manager fiDd-~ that substantial evidence
exists to sustain the action of the Administrator, he/she shall oM_er the
appropriate action. If it is determined that no substantial evidence
exists for the action taken by the ~dnistrator, the Authority Manager
shall overrule the decision of the Administrator.
Any holder of a Wastewater Discharge Permit or any User aggrieved by the
written decision of the Authority Manager pursuant to Sections 5.9 and 5.10
may appeal such decision to the Authority Board.
An appeal to the Authority Board shall be mae by filing a written notice of
appeal with the Clerk of the Board no later than ten (10) working days after
the decision of the Authority Manager is issued. The not_i__ce sb~] l set forth
grounds for appeal and the reasons why such appeal should be granted. Upon
receipt of said petition the Clerk shall inmediately forward a copy to the
Authority Manager, who shall cc~pile the record of the Manager's hearing for
the Board' s review.
The Authority Board sb~]l hear the appeal at its first ava~ ]able meeting
following receipt of the notice of appeal. On appeal, the Board shall
review the record of the Authority Manager's hearing, conduct an ~4{tional
hearing of the issues raised by the grounds for appeal (at which formal
rules of evidence shall not apply), and exercise its independent judgment on
the matter. The Authority Board may reverse or afl{tm, wholly or in part,
any decision, tennination or re~,~rement of the Authority Manager or impose
such conditions as the facts warrant. The decision of the Authority Board
shall be final.
~_~_ority sb~ll annually publish in a ~al(fied local newspaper a l(~t
of the Users which were not in ccepliance with any pretreatment rec?~i~ts
or standards at least Once ~ring the t~lve (12) previous months. The
notification sb~l 1 also su~,erize any enforcement actions taken against the
Users during the same twelve (12) nonths.
PAGE 25
S~C~IC~ 5.14 IJ~4kL ACTI~
If any person discharges sewage, industrial waste or other wastes into the
sanitary sewer system contrary to the provisions of this ord{nance, Federal
or State Pretreatment Requirements, or any order of the Authority, the
General Counsel of the Authority may cc~m~ce an action for appropriate
legal and/or equitable relief in the Courts of this county. The General
Counsel may also prosecute violations of stricter st_a_nda~ds imposed_by
ordinances of any Member Agency, at that Member Agency's expense.
Any User who is found to have violated an order of the Authority or
who failed to cc~ply with any provision of this chapter and the
orders, rules, rec~]ations and pemmits issued hereunder, shall be
civilly 1 ~ able in a sum not to exceed twenty-five thousand dollars
($25,000) per day for each violation, pur~,ant to the standards and
procedures of Gove~..,~nt Code section 54740. In add{tion to the
penalties provided therein, the Authority may recover rea._~Dpahle
attorney's fees, court costs, court reporter's fees and other
expenses of litigation.
Bo
Any person violating any of the provisions of this chapter shall be
liable to the Authority for any expense, loss or ~amage occasioned
the Authority by reason of such violation.
Ce
The Authority shall have the right to seek injunctive relief for
noncc~pliance by Industrial Users with any provision of this
ordinance or any order, decision, action, interpretation or
detemmination hereunder.
D. These legal remedies are cumulative, not exclusive.
Violation of any provision of this ordinance is a misdemeanor, and each day
a violation occurs or continues shall constitut~ a se~ate offense. Each
offense is punishable by a fine of not more that five hundred dollars
($500), confinement in jail for not more than six (6) months, or both.
The types of charges for industrial use may include, but are not ] (mited to:
a. Fees for pemmit application.
b. Fees for monitoring, analytical laboratory services, inspections
and surveillance.
c. Surcharges for BOD, TSS, volume and other :discharge constituents.
PAGE 26 '
d. Other fees as the Authority may deem necessary to carry out the
requirements contained herein.
RATES AND ~ FOR ~ICIPAL SEWER SERVICE
Rates for municipal sewer service and charges for Industrial Users shall be
as fixed by resolution of the legislative bodies of the M~mber Agencies, a
copy of which shall be kept on file at the Office of the Clerk of the
Board. The charges esteblished for the Industrial Users shall be based upon
the measured or estimated constituents and characteristics of that User
which my include, but not be limited to, BOD, COD, TSS, oil and grease and
volume of the wastewater.
S~C~I~6.3
For the purposes of establishing the value of BOD/TSS for a cc~ercial or
ind~tr~ sewage, four or more representative samples shall be taken at
reasonable intervals during the billing period. Those industrial or
c~..erc/al establishments whose wastes are found to fall contin,,al ly within
the same BOD/TSS limits will be checked only at the request of the owner of
said establishment or at the discretion of the Administrator. The average
(BOD/TSS) value of the waste as detexmined by such samples shall apply for
the entire billing period during which such samples are taken.
ae
Mster Water Supply. User charges and fees shall be applied against the
total amount of water used from all sources unless, in the opinion of
the Member Agency, significant portions of water received are not
discharged to a sanitary sewer. The total amount of water used frcm
public and private sources will be determined by means of public meters
or private meters installed and m~{nt~{ned at the expense of the User
Be
Metered Wastewater Volm~s and Metered Diversi~s. For Purposes of
determinln' g other than flat rate charges as set forth by Council
Resolution of any Member ~ency the volume of effluent discharged into
the sanitary sewer and sewer service charge for such use shall be
measured by an effluent meter installed at the User's expense and
approved by the Program
For Users where, in the opinion of the Member Agency, a significant
portion of the water received frc~ any metered source does not flc~
into the sanitary sewer because of the principal activity of the User
or removal by other means, the User charges and fees will be applied
against the volume of water discharged frc~ such premises into the
sanitary sewer. Written notification and proof of the diversion of
~-atcr--~t be provided by the User if the U~r is to avoid the
application of the User charges and fees against the total amount of
water used from all sources. The User sha] 1 install a meter of a type
and at a location approved by the Member Agency at the User's expense.
Such meters may measure either the amount of sewage discharged or the
PAGE 27 ~
Ce
amount of water diverted. Such meters sh~] 1 be tested for accuracy at
the expense of the User when deemed necessary by the Program
Administrator.
Estimated Wastewater Volm~s.
1.
Users Without Source Meters. For Users where, in the opinion of
the Member Agency, it is unnecessary or impractical to install
meters, the quantity of wastewater my be based upon an estimate
prepared by the Member Agency and shall be considered as
conclusive. This estimate shall be based upon a ratiopml
detennination of the wastewater discharged and my consider such
factors as the number of fixtures, seating capacity, population
equivalent, production of goods and services or ~_ch other
determinations of water use necessary to estimate the wastewater
volume discharged.
e
Users With Source Meters. For Users who, in the opinion of the
Member Agency divert a significant portion of their flow frcm a
sanitary sewer, the User charges may be based upon an estimate of
the volume prepared by the User, provided the User obta/ns a
Wastewater Discharge Permit and pays the applicable User charges
and fees. The estimate n~st include the method and calculations
used to detennine the wastewater volume and my consider such
factors as the number of fixtures, seating capacity, population
equivalents, prod~ction of goods and services, or ~_ch other
determinants of water use necessary to estimate the wastewater
volume discharge.
S~C~IO~ C: Severability.
If any section, subsection, subdivision, sentence, clause, phrase or
word of this Ordinance is for any reason held to be ~-~-~- -
unconstitutional by a court of cc~petent jurisdiction, such decision shall
not affect the validity of the rema~' g portions of this Ordinance. The
Authority hereby declares that it would have passed and adugted this
Ordinance, and each and all provisions hereof, irrespective of the fact
that one or more provisions may be declared inva] id or unconstitutional.
PAGE 28 '
(30) days from and after its adoption and approval.
PASSED AND ADOPTED this__ day of
follc~ing vote:
AYES:
NOES:
ABSENT:
This ordinance shall take effect and be in full force thirty
, 1993 by the
Doma]d F. Gage, Cba{rman
Marilyn D. Silhanek, Secretary
PAGE 29 ~
I' SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 93'21 is an original
ordinance~ duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 25th day of October 19 93,
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 2nd
19 93
(Seal)
day of November