Ordinance 2000-14ORDINANCE NO. 2000-14
AN ORDINANCE OF THE CITY OF GILROY ADOPTING AN ORDINANCE OF THE
SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY REPEALING AND
ADDING SECTION 2.4 OF ORDINANCE 93-1, THE PRETREATMENT AND SEWER
USE ORDINANCE, REGARDING LOCAL POLLUTANT LIMITS FOR
WASTEWATER DISCHARGES BY INDUSTRIAL USERS, AND AMENDING
SECTION 19.102(p) OF THE GILROY CITY CODE
WHEREAS, the City of Gilroy and the City of Morgan Hill ("the Cities") by agreement
of July 1, 1967, and subsequent amendments thereto have exercised joint powers to construct,
operate, maintain and frame municipal wastewater treatment and disposal facilities; and
WHEREAS, the Cities by joint exercise of powers agreement dated May 19, 1992, have
delegated to the South County Regional Wastewater Authority ("SCRWA") broad powers to
own, operate and maintain systems, plants, buildings, works and other facilities for the
collection, treatment and disposal of sewage, waste and storm water, including wastewater
treatment and disposal plants and works and facilities in connection therewith, and reclamation
facilities ("Municipal Facilities'D; and
WHEREAS, on May 8, 1992, the California Regional Water Quality Control Board -
Central Coast Region ("Regional Water Quality Control Board') issued Order No. 92-20,
entitled "Waste Discharge Requirements for the Cities of Gilroy and Morgan Hill Municipal
Wastewater Facilities, Santa Clara County," authorizing the Cities to discharge wastes into the
Municipal Facilities; and
WHEREAS, on October 26, 1993, the Board of Directors of SCRWA ("the Authority")
adopted Ordinance No. 93-1 entitled the "Pretreatment and Sewer Use Ordinance," which set
forth in Section 2.4 specific local discharge pollutant limits ("local limits") applicable to
discharges by industrial users into the wastewater system; and
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02-101004706002 ORDINANCE NO. 2000-14
WHEREAS, on October 25, 1993, the City of Gilroy adopted Ordinance No. 93-21,
thereby adopting the provisions thereof including Section 2.4, and amended Gilroy City Code
Section 19.96 to add Section 19.96(b), declaring that all industrial users shall be regulated by the
Authority and subject to SCRWA Ordinance 93-1, as it may be amended from time to time; and
WHEREAS, Gilroy City Code Section 19.102(0 prohibits any person from discharging,
or causing to be discharged, a variety of substances, including metals and chemical residues into
the wastewater system; and
WHEREAS, Gilroy City Code Section 19.102(p) prohibits a person from discharging, or
causing to be discharged, wastewater containing substances in excess of certain defined local
limits, but as currently drafted, the section does not make clear that its applicability is limited to
industrial users; and
WHEREAS, the United States Environmental Protection Agency ("U.S. EPA") has
mandated under Federal Regulation 40 CFR 403.5 that Municipal Facilities authorized to
discharge wastewater develop technically based local limits; and
WHEREAS, SCRWA staff developed the proposed local limits in accordance with the
Guidance Manual on the Development of Local Discharge Limits Under the Pretreatment
Program as promulgated by the U.S. EPA; and
WHEREAS, on April 24, 2000, the Regional Water Quality Control Board directed
SCRWA to a publish a prescribed "Notice of Public Comment Period, Proposal to Modify
Publicly Owned Treatment Works Pretreatment Program," which notified the public and public
agencies of proposed action by SCRWA to revise the local limits for its pretreatxnent program to
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reflect the upgrade from primary to secondary treatment with reclamation at the wastewater
facility; and
WHEREAS, the Regional Water Quality Control Board held a public comment period
commencing May 5, 2000, and ending on June 8, 2000; during which period no comments were
received; and
WHEREAS, on June 15, 2000, the Regional Water Quality Control Board approved the
technical basis for S CRWA's proposed local limits in compliance with applicable sections of the
Code of Federal Regulations and the Califomia Environmental Quality Act ("CEQA"); and
WHEREAS, on September 26, 2000, the Authority adopted SCRWA Ordinance No.
2000-01, amending Section 2.4 of SCRWA Ordinance No. 93-1 and thereby revised the local
limits applicable to discharges by industrial users; and
WHEREAS, the Cities intend to adopt the revised local limits.
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 SCRWA Ordinance No. 2000-01
entitled "An Ordinance of the South County Regional Wastewater Authority Repealing and
Adding Section 2.4 Regarding Local Limits of Ordinance 93-1, The Pretreatment and Sewer Use
Ordinance", attached hereto as Exhibit A and incorporated herein by this reference as if set forth
in full, including any and all penalty clauses that exist therein.
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ORDINANCE NO. 2000-14
SECTION II
That the existing Section 19.102(p) and Subsection 19.102(p)(1) of the Gilroy City Code
are hereby repealed in their entirety, and that a new Section 19.102(p) and Subsection
19.102(p)(1) are added to the Gilroy City Code to read as follows:
19.102(p)
By an industrial user, as defined in Section 19.1 herein and
regulated pursuant to SCRWA Ordinance 93-1 known as "The
Pretreatment and Sewer Use Ordinance, "
wastewater containing in excess of:
1000 mg/L BOD
1000 mg/L TSS
100 mg/L Grease & Oil
as petroleum hydrocarbons
40 degrees C. Temperature
6.5 to 11.0 pH units pH
1.1 mg/L Arsenic
0.01 mg/L Cadmium
5.1 mg/L Total Chromium
1.8 mg/L Copper
1.8 mg/L Cyanide
1.6 mg/L Lead
0.03 mg/L Mercury
2.7 mg/L Nickel
4.2 mg/L Silver
1.4 mg/L Zinc
Trace mg/L Total identifiable chlorinated
hydrocarbons.
Trace mg/L Toxic organic compounds (priority
pollutants as defined by the EPA)
All concentrations for metallic substances are for "total" metals unless
indicated otherwise.
19.102(p)(1) Federal and State Requirements. Any apphcable Federal
or State limitations on discharges shall apply in any case in which
the Federal or State requirements or limits are more stringent than
the requirements or limitations in this article.
SECTION III
The City Clerk of the City of Gilroy is hereby directed to publish, maintain copies of and
make available to the public Ordinance 93-1 of the South County Regional Wastewater
Authority known as The Pretreatment and Sewer Use Ordinance as it was amended by SCRWA
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ORDINANCE NO. 2000-14
Ordinance 2000-01 which revised Section 2.4 setting local pollutant discharge limits applicable
to industrial users.
SECTION IV
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 jurisdiction, 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
ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions
may be declared invalid or tmconstitutional.
SECTION V
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 6th day of November, 2000, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ARELLANO Q, ARELLANO P., MORALES,
PINHEIRO, SUDOL, VELASCO, SPRINGER
NONE
NO}~E
Rhonda Pellin, City Clerk
APPROVED:
Thomas W. Springer, M~9~or'~
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ORDINANCE NO. 2000-14
I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2000-14 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 November, 2000, 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 January, 2001.
City C~rk of the City of Gilroy
(Seal)