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Ordinance 606 r I ORDINANCE NO. 606 AN ORDINANCE PROVIDING FOR THE FIXING AND COLLECTION OF INDUSTRIAL SEWER SERVICE CHARGES FOR DISPOSAL OF INDUSTRIAL WASTE INTO AND THROUGH THE INDUSTRIAL SEWER SYSTEM OF THE CITY OF GILROY: SETTING REQUIREMENTS FOR CONNECTIONS TO THE INDUSTRIAL SEWER SYSTEM, SET- TING FORTH AND PROVIDING FOR THE ESTABLISHMENT OF RULES AND REGU- LATIONS FOR INDUSTRIAL SEWER SERVICE, PROVIDING FOR ENFORCEMENT MEASURES FOR THE NONPAYMENT OF CHARGES OR FOR CERTAIN VIOLATIONS; PROVIDING FOR THE DISPOSITION OF REVENUES HEREUNDER AND USES TO WHICH SUCH REVENUES SHALL BE APPLIED. SECTION I DEFINITIONS a. "City" shall mean the City of Gilroy. b. "Person" shall mean any person, firm, company, corporation, partnership or association. The sin~ular in each case shall also mean the plural. c. "Director" shall mean the Director of Public Works of the City of Gilroy or other person or department as may hereafter be designated by the Director of Public Works to perform the ser- vices or make the determinations permitted or required under this Ordinance to be made by the Director of Public Works. d. "Industrial Waste" shall mean water and suspended fruit or vegetable solids contained within water, and discharged into either the industrial sewer system or the sanitary sewer system. e. "Sanitary Sewage" shall mean waste discharged into the Sani- tary Sewer System which contains human or animal excreta. f. "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. g. "Sanitary Sewer System" shall mean the Sewer Treatment Plant and all mains, laterals and outfall lines which discharge into said plant. h. "Industrial User" Any user engaged in the business of process- ing fruits, vegetables, cereals and other agricultural products except animals or poultry, who processes or manufactures the same for the purpose of sale, resale, or redelivery in processed or manufactured form. i. "User" Any person responsible for payment of sewer service charges for premises served as provided in this ordinance. j. "Premise" 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. SECTION 2 SANITARY SEWAGE IN INDUSTRIAL SEWER SYSTEM PROHIBITED , "j ~ 1; ! \ It shall be unlawful for any person to discharge or to allow the discharge of sanitary sewage into the industrial sewer system .or into any pipe line, either private or public, which leads into the industrial sewer system. In the event that sanitary sewer connections exist, or are in the future discovered to exist, which discharge"into the industrial sewer system, they shall immediately be disconnected and the cost thereof shall be paid for by the owner and/or user of the connection. If such sanitary sewer connections exist and are not disconnected within twenty four hours after due notice from the Director of Public Works all sewer service shall be discontinued. 6 (/ ~ SECTION 3 PERMITS Before any industrial sewer connection is made to the industrial sewer system a permit must first be obtained from the Director. Application for a permit to discharge industrial waste shall be in writing and shall contain the following information. a. Name and address of applicant b. Proposed location of connection c. Estimated gallonage of wastes proposed to be discharged, estimated time of discharge, time of peak loads and other similar data. d. Character of wastes to be discharged e. Other information as may be deemed to be necessary by the Director. Upon receipt of an application as provided, the Director shall make such investigation as he shall deem necessary. In the event that the Director finds and determines: a. That the industrial sewer line in which the connection is to discharge has sufficient unused carrying capacity for the disposition of these wastes~ b. That theChar~cter of the wastes proposed to be dis- charged by the applicant is such that they can be successfully discharged upon land without treatment~ c. That such wastes will not result in damage to the in- dustrial sewer system~ then he shall issue a permit to the applicant as requested. Said Director, at his discretion and toward the end of ful- filling the intent and purposes of this ordinance, may grant a permit in part only and thereupon prescribe conditions with respect to discharge of such waste into such system and may require treatment thereof, the type, size mesh and maintenance of individual screens to collect waste products and/or may re- quire the construction and use of tanks designed to equalize flow and reduce peak loads. The industrial waste discharged shall meet the requirements of both the Department of Public Health and Water Pollution Control Board of the State of California. No peach, plum, cherry, apricot, prunes, nectarine. pears, tomatoes, onions, garlic or fruit pits or vegetable or fruit peelings shall be discharged into or permitted to enter the sewage system. In the event that after the granting of a permit, as pro- vided for in this article, it shall develop, by reason of in- creased flow, change of character of discharge or for any cause whatsoever that it becomes necessary or desirable to change the conditions prescribed at the time of issuing said permit, then the said Director may revoke said permit or may impose further conditions with respect thereto, toward the end of remedying such conditions. SECTION 4 TRANSFER FROM SANITARY TO INDUSTRIAL SYSTEM In the case of an industrial sewer connection made to the san- itary sewer system, where in the future the industrial sewer system may be made available for connection, then upon request of the Director, the person owning and/or operating the industrial plant shall, at his own expense, upon the request of the Director, change the connection from the sanitary sewer system to the industrial sewer system. SECTION 5 APPEALS 1 Any person who shall be dissatisfied with the action of the Director in denying a permit or granting a permit wherein condi- tions are imposed, or in modifying or revoking a permit or in re- quiring a transfer from the sanitary to the industrial sewage system. may appeal to the City Council. In~th~~event of such an appeal. the Director shall transmit to the Council a report settin~ forth the reasons for denying the permit or imposing conditions ~r for revoking or modifyin~ a permit or in requiring a changeover. The Council shall have full power to review any action of the Director. SECTION 6 INDUSTRIAL SEWER SERVICE CHARGES, RATES Rates for Industrial Sewer Service shall be as set forth in Resolution No. 51R. SECTION 7 RULES AND REGULATIONS a. No person shall discharge, or allow the discharge of industrial waste into the industrial sewer system except in compliance with the terms of, and upon the payment of the charges provided in this ordinance. b. Any industrial user may select as his basis for payment either cubic feet of' water used or cubic feet of industrial waste dis- charged, in accordance with the rates set forth in Section 6. c. If the basis of cubic feet of water used is selected, it is hereby determined that the industrial waste discharged shall be 80% of the metered water. d. If the user selects as his basis the number of cubic feet of water used and does not use City water he shall install at his expense a water meter on all pumps which discharge directly or indirectly into the industrial sewer system. If City water is used the user shall be charged for the installa- tion of the meter as set forth in Ordinance No. 516 or amendments thereto. e. If the user selects as his basis the cubic feet of sewage dis- charged he shall install at his expense a sewage meter on the industrial waste line which discharges into the industrial sewer system. f. The type, location" and installation of all meters shall be approved by the Director. g. If the user does not install meters as directed by the Director. the Director may, with the approval of the Council, either in- stall a sewer meter on the industrial waste line of the user at the user's expense or discontinue all sewer service to the user. SECTION 8 PAYMENT OF CHARGES a. Method of Payment Industrial Sewer Charges shall be billed monthly on the first day of the month and shall be due and payable within ten days after billing and shall be deemed delinquent within fifteen days after billing. b. Advance Deposits If the Director is of the oplnlon that a deposit is required to protest the interests of,the City he may require an am?unt not to exceed twice the estlmated amount of the monthly blll- ing before allowing a user to connect to the industrial sewer system. c. Right of Entry Any authorized agent of the City shall have the right to go upon the premises or any part thereof of the person discharg- ing industrial waste into the industrial sewer system for the purpose of protecting the rights of the City and to obtain any information deemed necessary to protect such rights. SECTION 9 PERSONS RESPONSIBLE FOR PAYMENT All monthly sewer service fees shall be billed to the follow- ing persons: a. In the case of any person whose premise is connected with the municipal water system, then the person who requested such connection to the municipal water system or his successor in interests or to any person requesting that such bill be charged to him. b. In the case of any person whose premise is not connected to the municipal water system, then to the person who requested the connection to the industrial sewer system or his successor in interest, or if no such request was made, then to the owner of record of such premise on the date on which such premise is required to connect to the industrial sewer system, or to the successor in interest to such person, or to any person re- questing that such bill be charged to him. SECTION 10 ENFORCEMENT OF MEASURES IN CASE OF DELINQUENCY a. The City Administrator shall insure enforcement of this ordinance by coordinating the actions of the Director of Public Works and other City Departments concerned. The Director of Public Works is hereby charged with the enforcement of all the provisions of this ordinance. b. In the event of a violation of any of the terms of this ordinance or any rule or regulation established thereunder, the Director shall notify in writing the person, causing, allowing, or com- mitting such violation, and if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the Director will exercise his authority to disconnect the system from the municipal water system and or the sewer sys- tem~ provided that such time shall not be less than five (5) days after the deposit with postage paid of such notice in the United States Post Office at Gilroy, California, addressed to the person to whom notice is given~ provided however, that in the event such violation results in a public hazard or menace, then the Director may enter upon the premises without notice and do such things and spend such sums as may be necessary to abate such hazard, and the reasonable value of things done and the amounts expended in so doing shall be a charge upon the person so in violation. I , c. Upon the failure of any user to pay any sewer service charge prior to delinquency, anyone or more of the actions authori7,ed in sub-sections (d) or (e) hereof may, or where required here- by, must be taken by the City or City Officials to enforce such payment, subject to the provisions of sub-section (b) hereof. d. Each sewer service charge levied by or pursuant to this article on any premise within the City limits of the City is hereby made a lien upon such premise, and any steps authorized by law may be taken by the City to enforce payment of such lieQ. e. In each case where a bill for sewer service shall become de- linquent, the Director shall disconnect the premise from the municipal water system, and he may also disconnect the premise from the sewer system. Whenever a premise has been disconnected " r ~-.~ - . from either the municipal water system or sewer system for the non-payment of sewer service charges, such service shall not be reconnected to either the municipal water system or the sewer system until all delinquent fees have been paid, together with such reasonable charges for reconnection as may be estab- lished from time to time by the City Council. SECTION II DISPOSITION OF REVENUES AND USES TO WHICH REVENUES SHALL BE APPLIED All monies received from industrial sewer service charges under this ordinance shall be used and applied by the City as follows: . a. First to the payment of, or provision for the payment of cap- ital improvements, extensions alterations, additions and better- ments of a permanent nature to the municipal sanitary and in- dustrial sewer systems, including the creating and maintenance of a capital improvement fund in such amount as from time to time may be established by the City Council. b. Second to the General Fund of the City to be used toward the expenses of maintaining and operating the industrial and sani- tary sewer systems. SECTION 12 CONSTITUTIONALITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent juris- diction to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby expressly declares that it would have passed and adopted this ordinance and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases here- of be held unconstitutional. SECTION 13 ADOPTION This ordinance shall be in full force and effect from and after its passage and approval. SECTION 14 REPEAL All ordinances and parts of ordinances in conflict herewith are hereby repealed. ADOPTED and PASSED this 15th day of June. 1959. by the follow- inQ; vote: A YES: NOES: ABSENT: COUNCIL~ffiN Pate, Rush, Petersen, Wentworth, Gallo, Jordan COUNCIumN None COUNCI LMEN None ATTEST: " A;(3 C~ City Clerk