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Ordinance 1981-28ORDINANCE NO. 81-28 AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: GILROY AMENDING CHAPTER 19 OF THE GILROY CITY CODE PERTAINING TO SEWERS AND SEWAGE DISPOSAL. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Section I: The table of contents of Chapter 19 is amended as follows: Art. Art. Art. Art . Art. Art . Art. III. VII. I. In General, ~I~I 19.1. 19.2 II. Sanitary Disposal of Sewage Within City, ~I~I 19.3 - 19.12 Agricultural Processing Sewer System, ~I~I 19.13 - 19.41 Div. 1. In General,~I~I 19.13 - 19.21 Div. 2. Permit, ~I~I 19.11 - 19.27 Div. 3. Agricultural Processing Sewer Charges ~I~I 19.28 - 19.41 IV. Public Sewer Extensions, ~I~I 19.42 - 19.66 v. Labor Camps and Labor Supply Camps Outside City, ~I~I 19.67 - 19.70 VI. Charges for Use of Municipal Sewer System ~I~I 19.71 - 19.95 Sewage Standards and Control, ~I~I 19.96 - 19.114 Section II. Section 19.1 is amended by amending the definition of "industrial wastes" and by adding, in alphabetical order, the following definitions: Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq. Agricultural processing sewer system. "Agricultural processing sewer system" shall mean all mains, laterals, outfall lines and treatment facilities which discharge Agricultural processing waste water directly onto land without being processed through the municipal treatment plant. The "Agricultural processing sewer system" is separate and distinct from the municipal sewer system, and by definition is not a public sewer. Agricultural processing waste water. "Agricultural processing waste water" shall mean that waste water, containing no sanitary sewage, which is generated as a conveyance or washwater by those industries in the business of processing fruits , vegetables, cereals, and other agricultural products (excepting animal or poultry products) and discharged, under special permit issued by the city, into the agricultural processing sewer system. ORDINANCE NO. 81-28 Categorical Standards. National Categorical Pretreatment Standards or Pretreatment Standards. Environmental Protection Agency, or EPA. The U.S. 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. Industrial wastes. "Industrial wastes" shall mean any and all wastes and solids from industrial processes as distinct from sanitary sewage. Municipal sewer system. "Municipal sewer system" shall mean that sewerage which conveys and treats sanitary sewage and those industrial wastes not discharged into the agricultural processing sewer system. The "Municipal sewer system" is separate and and distinct from the agricultural processing sewer system. National Categorical Pretreatment Standard or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of Industrial Users. National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Any regulation developed under the authority of 307 (b) of the Act and 40 CFR, Section 403.5. New Source. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a section 307 (c) (33 U.S.C. 1317) Categorical Pretreatment Standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard. Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a treatment plant. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes other means, except as prohibited by 40 CFR Section 403.6 (d). Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user, who discharges into the Municipal Sewer System. -2- ORDINANCE NO. 81-28 Significant Industrial User. Any Industrial User of the City's ~{unicipal wastewater disposal system who (i) has discharge flow of 25,000 gallons or more per average work day, or (ii) has a flow greater than 5% of the flow in the City's wastewater treatment system, or (iii) has in his waste toxic pollutants as defined pursuant to section 307 of the Act of (State) Statutes and rules or (iv) is found by the City, (State Control Agency) or the U.S., Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the municipal wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system. Section III. Section 19.10 is amended as follows: Sec. 19.10. Permit and approval required for construction, etc., of residences, etc., not connected to public sanitary sewer; certificates of occupancy. It shall be unlawful for any person to construct, build, or rebuild any residence, place of residence, or other building or place where persons congregate, reside or are employed which is not to be connected to an approved public sanitary sewer without first submitting plans of the means of sewage disposal to the health officer, and obtaining a permit therefor as herein provided. Such plans shall include the plot plan of the premises with sufficient elevations, the size and type of septic tank, and a plan of the absorption field, giving all dimensions and other pertinent information. Every applicant for a permit shall pay to the health officer for each permit issued a fee as established by the county for that purpose. No building permit as required in the City Zoning Ordinance and any amendments thereto, shall be issued for any building which is not to be connected to an approved public sanitary sewer, without the written approval of the health officer of the plan of the means of sewage disposal for such building. No certification of occupancy shall be issued for any building which is not connected to an approved public sanitary sewer without the written approval by the health officer of the means of sewage disposal for such building. Section IV. The title to Article III is amended as follows: ARTICLE III. .AGRICULTURAL PROCESSING SEWER SYSTEM. Section V. Section 19.14 is amended as follows: Sec. 19.14. Discharge of wastes other than agricultural processing waste water into agricultural processing sewer system. -3- ORDINANCE NO. 81-28 It shall be unlawful for any person to discharge or to allow the discharge of wastes other than agricultural processing waste water into the agricultural processing sewer system or into any pipe line, either private or public, which leads into the agricultural processing sewer system. In the event that such connections exist, or are in the future discovered to exist, which discharge into the agricultural processing sewer system, they shall immediately be disconnected and the cost thereof shall be paid for by the owner or user of the connection. If any such connections exist and are not disconnected within twenty-four hours after due notice from the director of public works, all sewer services to that user shall be discontinued. Section VI. Section 19.15 is amended as follows: Sec. 19.15. Discharge of certain other wastes prohibited. No peaches, plums, cherries, apricots, prunes, nectarines, pears, tomatoes, onions, garlic, fruit pits, or vegetable and fruit peelings shall be discharged into or permitted to enter the agricultural processing sewage system. Section VII. Section 19.17 is amended as follows: Sec. 19.17. Transfer from municipal to agricultural processing sewer system. In the case of an agricultural processing sewer connection made to the municipal sewer system, where in the future the agricultural processing sewer system may be made available for connection, then upon request of the director, the person owning or operating the processing plant shall, at his own expense, upon the request of the director, change the connection from the municipal sewer system to the agricultural processing sewer system. Section VIII. Section 19.21 is amended as follows: Sec. 19.21. Compliance generally. No person shall discharge waste, or allow the discharge of waste, into the agricultural processing sewer system, except in compliance with the terms of, and upon the payment of the charges provided in, this article. Section IX. Section 19.22 is amended as follows: Sec. 19.22. Required; application. Before any industrial sewer connection is made to the agricultural processing sewer system, a permit must first be obtained from the director. Application for a permit to discharge such industrial waste shall be in writing and shall contain the following information: (a) Name and address of applicant. (b) Proposed location of connection. -4- ORDINANCE NO. 81-28 (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. Section X. Section 19.24 is amended as follows: Sec. 19.24. Issuance - Generally. In the event that the director finds and determines: (a) That the agricultural processing sewer line in which the connection is to discharge has sufficient unused carrying and treatment capacity for the disposition of these wastes; (b) That the character of the wastes proposed to be discharged by the applicant is such that they can be successfully handled by the receiving treatment facility; (c) That such wastes will not result in damage to the agricultural processing sewer sytem; (d) That the applicant pays all applicable fees; Then he shall issue a permit to the applicant as requested. Section XI. Section 19.25 is amended as follows: Sec. 19.25. Same - Authority of director to prescribe conditions. The director, at his discretion and toward the end of fulfilling the intent and purposes of this article, may grant a permit in part only and thereupon prescribe conditions with respect to discharge of such waste into such system and may require pretreatment thereof, including but not limited to the type of treatment, the size mesh and maintenance of individual screens which may be needed to collect waste products and the construction and use of tanks designed to equalize flow and reduce peak loads. Section XII. Section 19.27 is amended as follows: Sec. 19.27. Right of appeal following denial of permit, etc. Any person who shall be dissatisfied with the action of the director in denying a permit or granting a permit wherein conditions are imposed, or in modifying or revoking a permit or in requiring a transfer from the municipal to the agricultural processing sewerage system, may appeal to the city council. -5- ORDINANCE NO. 81-28 In the event of such an appeal, the director shall transmit to the council a report setting forth the reasons for denying the permit or imposing conditions or for revoking or modifying a permit or in requiring a change over. The council shall have full power to review any action of the director. Section XIII. The title to Division 3 of Article III is amended as follows: DIVISION 3. AGRICULTURAL PROCESSING SEWER CHARGES Section XIV. Section 19.28 is amended as follows: Sec. 19.28. Charges for agricultural processing sewer services. Charges for the making available and the providing by the city of an agricultural processing waste water collection, treatment and disposal service shall be as fixed from time to time by resolution of the council, a copy of which shall be kept on file at the office of the city clerk. Section XV. Section 19.29 is amended as follows: Sec. 19.29. Types of agricultural processing sewer charges. Charges include service charges, standby charges and right-of-use charges. Section XVI. Section 19.31 is amended as follows: Sec. 19.31. Same--BOD and solids. Samples of agricultural processing waste discharged shall be taken, under the direction of the director, during each calendar month that an agricultural processing waste water, and shall be analyzed for BOD and solids concentrations. The cost of operation related to each of these constituents, will be distributed in proportion to the load discharged. Section XVII. Section 19.32 is hereby repealed. Section XVIII. Section 19.33 is amended as follows: Sec. 1933. Flow metering--Generally. The user shall install at its expense a sewage meter on each agricultural processing waste line which discharges into the agricultural processing sewer system. ORDINANCE NO. 81-28 Section XIX. Section 19.35 is amended as follows: Sec. 19.35. Same - Failure to install. If the user does not install meters as directed by the director, the director may, with the approval of the city council, either install a sewer meter on the agricultural processing waste line of the user at the user's expense or discontinue all sewer service to the user. Section XX. Section 19.36 is amended as follows: Sec. 19.36. Standby charges--General. Standby charges shall be payable in the event service is available from the city and is not received by an agricultural processing user during a calendar year in which bonds issued pursuant to the City of Gilroy Sewer Revenue Bond Ordinance for the agricultural processing waste water and sewage collection, treatment or disposal facilities or additions or improvements thereto are outstanding. Section XXI. Section 19.38 is amended as follows: Sec. 19.38. Service availability, rendition and receipt. (a) Service shall be deemed to be available from the city if the user can lawfully discharge waste water into the agricultural processing sewer system within an aggregate period of two (2) months during a calendar year, shall be deemed to be rendered by the city if the user does discharge waste water into such system at any time during such calendar year, and shall be deemed to be received by such user during such calendar year if such user does discharge waste water to such system within an aggregate period of forty-five (45) days that such user is in actual operation during such calendar year. (b) Neither the discontinuance of service nor the discontinuance of city water service, to a user by the city because of the failure or refusal of such user to comply with provisions of law, including this Code, shall be deemed to make service unavailable from the city to such user. Section XXII. Section 19.39 is amended as follows: Sec. 19.39. Right-of-use charges. Right-of-use charges shall be payable by agricultural processing users for which service becomes available, except that successors by consolidation or merger of a user which is not in default in compliance with provisions of law, or assignees of all or substantially all of the assets of a user which is not in default as aforesaid and which assets are used or useful in the business conducted at the premises of such user for which service is available, shall not be required to pay a right-of-use charge. Section XXIII. Section 19.40 is amended as follows: Sec. 19.40. Charge collection. -7- ORDINANCE NO. 81-28 (a) Service charges shall be due on the first day of the month succeeding the month in which service is rendered and shall be delinquent the first day of the next month thereafter, except that service charges shall be recomputed within the last three (3) months of each calendar year, and such charges for services rendered, together with the right of use and annual standby charges, if any, shall be due by the twentieth day of November and shall be delinquent the first day of December of each calendar year. (b) Ail types of charges, as defined in section 19.29 hereof, which becomes delinquent, shall accrue basic and additional penalties. The basic penalty shall be ten (10) per cent of the delinquent charges, and shall attach the first day of the delinquency. The additional penalties shall be one-half of one (½ of 1) per cent of the delinquent charges and basic penalty per month, and shall attach the first day of each month thereafter. (c) If the director is of the opinion that a deposit is required to protect the interests of the city, he may require a deposit not exceeding the estimated amount of one year's charges before permitting the discharge of waste water into the agricultural processing sewer system, and that the deposit be maintained. Section XXIV. Section 19.41 is amended as follows: Sec. 19.41. Billings. (a) Service charges including penalties thereon and deposits, collected shall be together with and not separately from the charges for municipal and non-agricultural processing sewer service and the charges for city water service, and all such charges shall be billed monthly as a part of the same billing and collected as one item. (b) Service charges, standby charges and right-of-use charges, as well as municipal and non-agricultural processing sewer service charges and city water service charges, shall be billed as follows: (1) In the case of service charges, including penalties and deposits, to the occupier of the premises at the time service was rendered. The occupier may be deemed, in the case of premises connected to the city water system, to be the user requesting such connection, or successor, or any person requesting that billing be made to it. The occupier may be deemed, in the case of premises not connected to the city water system, to be the user requesting the connect to agricultural processing sewer system, or successor, or any person requesting that billing be made to it. ORDINANCE NO. 81-28 (2) In the case of standby charges or right-of-use charges, including penalties, and deposits, to the owner of the premises at the time such charge becomes due, or to the person guaranteeing payment of charges. Sec. 19.41.1. Failure to pay charges. Upon the failure to pay any charges prior to delinquency, any one or more of the remedies provided herein may, or where otherwise required, shall, be taken by the city or city officials to enforce payment. (Ord. No. 81-9, 1,3-2-81) Sec. 19.41.2. Action for unpaid charges. The city may bring an action in any court of competent jurisdiction, in the case of service charges against the occupiers of the premises at the time service was rendered, and in the case of standby charges or right-of-use charges against the owners of the premises at the time such charge became due, or against any person guaranteeing payment of charges, or against any or all of said occupiers, owners or other persons, for the collection of the amount of any required deposit or the collection of delinquent charges and all penalties thereon. (Ord. No. 81-9, 1,3-2-81) Sec. 19.41.3. Charges to be a lien on premises. (a) Delinquent charges and all penalties thereon when recorded as provided by subsection (b) shall constitute a lien upon the real property (except that no such lien shall be created against any publicly owned property) and such lien shall continue until the charges and all penalities thereon are fully paid or the property sold therefor. (b) The lien provided by subsection (a) shall attach when the treasurer or other officer whose duty it is to collect the charge records a list of delinquent unpaid charges and penalties thereon with the county recorder, stating the amount of each charge and the penalty thereon, a description of the real property upon which the same is a lien and that the amount is payable to the City of Gilroy. Such lien shall have the same force, effect, priority and duration as to the property described as would the lien of an abstract of a judgment against the owner of the real property at the time such list is recorded and may be enforced in like manner. Property may be discharged from the lien within one year from the date of recording by the payment of all delinquent charges plus penalties. A list of all such delinquent charges shall be recorded at least every six (6) months, but no delay or informality in recording the same shall invalidate the lien or any unpaid charge or any subsequent act or proceeding. If through error or otherwise the amount of any unpaid charge plus penalties thereon as stated in said list shall be incorrect, said error shall be disregarded and shall not affect or invalidate the filing if said error is one dollar ($1.00) or less. -9- ORDINANCE NO. 81-28 Sec. 19.41.4. Action to enforce lien. The city may bring an action in any court of competent jurisdiction to enforce the lien of the charge and all penalties thereon. Sec. 19.41.5. Discontinuance of sewer and water service. If all or any part of a billing is not paid, the city may discontinue any and all services, both sewer and water, for which the billing is rendered. Whenever sewer or water service to a premise has been discontinued, such service shall not be reinstituted until all charges billed as a part of the same billing, including penalties, together with such reasonable charges for reinstitution of such service as may be fixed from time to time by the council, have been paid. Sec. 19.41.6. Remedies for collection and enforcement; payment of costs. Remedies for collecting and enforcing charges are cumulative and may be pursued alternately, or any thereof may be used consecutively when the council so determines. The costs of collection and enforcement of the remedies for the collection of charges may be paid from the revenues. In any actions provided for by section 19.41.2 or 19.41.4, the persons delinquent or the liened premises, as the case may be, shall also be liable for reasonable attorney's fees and costs of suit. Sec. 19.41.7. Sewer revenue agreements. In the event the city proposes to issue or issues bonds pursuant to the City of Gilroy Sewer Revenue Bond Ordinance, in order to further secure such bonds or tend to make them more marketable, the city and users of the agricultural processing sewer system may contract with respect to the establishment and collection of charges and other related matters, provided not inconsistent with this article. Sec. 19.41.8. Disposition of revenues. In the event bonds pursuant to the City of Gilroy Sewer Revenue Bond Ordinance are outstanding and not discharged, all charges received for, and all other income and receipts derived from the operation of the agricultural processing sewer system or arising from such system, shall be used and applied as provided in the proceedings pursuant to which such bonds are issued. In the event amounts are transferred to the city pursuant to such proceedings, such amounts shall be transferred to the general fund of the city to be used toward the expenses of maintaining and operating the agricultural processing and municipal sewer system. Section XXV. Section 19.64 is amended as follows: Sec. 19.64. Fire hydrants; -10- ORDINANCE NO. 81-28 In the extension of water mains there shall be added to the project such fire hydrants as may in the judgment of the city council be reasonably required, and the cost thereof shall be borne proportionately by the property owners applying for the extension. Section XXVI. Section 19.68 is amended as follows: Sec. 19.68. Cost of connecting and maintaining connections to sewer .system. Any labor camp or labor supply camp as herein defined shall pay to the city annually, a sum to be established by council resolution, from time to time, before such labor camp or labor supply camp shall be permitted to be connected with the city sanitary sewer system and thereafter, an annual charge shall be payable by such labor camps or labor supply camp to maintain connections with the city sewer system; such annual charge shall be paid on or before the 1st day of May of each year; in the event the amount first paid the city by the labor camp or labor supply camp is for a period of less than one year, there shall be a pro- rata deduction. Section XXVII. Section 19.69 is amended as follows: Sec. 19.69. Penalty for nonpayment of annual charge; action by city to recover charges. In the event the annual charge is not paid within thirty days from and after the 1st day of May of any year, a sum to be established by council resolution, from time to time, shall be added to the annual payment as a penalty, and unless paid with the annual charge within ten days thereafter, the right to use the city sanitary sewer system shall terminate and the service shall forthwith be discontinued. The city may institute an action to recover any monies which are payable but not paid to the city under this article, and in any such action, the court shall include in the judgment a reasonable attorney's fee. Section XXVIII. The title to Article VI is amended as follows: ARTICLE VI. CHARGES FOR USE OF MUNICIPAL SEWER SYSTEM. Section XIX. Section 19.71 is amended as follows: Sec. 19.71. Purpose of charges. The purpose of the provisions of this article and of the sewer service and use charges herein established is to derive revenue which shall be used only for the acquisition, construction, reconstruction, maintenance and operation of the municipal sewer system of the city, to repay principal and interest on any bonds which may hereafter be issued for the construction or reconstruction of sanitation or sewerage facilities, and to repay federal or state loans or advances, if any, which may hereafter be made to the city for the construction -11- ORDINANCE NO. 81-28 or reconstruction of municipal sewerage facilities; provided, however, that no such revenue shall be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers. Section XXX. Section 19.72 is amended as follows: Sec. 19.72. Definitions - Premises. As used in this article, "premises" means and includes a building, structure or unit of real property, or portion thereof, situate either within or without the corporate limits of the city connected either directly or indirectly to the municipal sewer system, or from which any sewage is discharged directly or indirectly into such sewer system. Section XXXI. Section 19.78 is amended as follows: Sec. 19.78. Same - Sewage. As used in this article, "sewage" means and includes sanitary sewage, and that industrial wastewater not discharged to the agricultural processing sewer system. Section XXXII. Section 19.79 is amended as follows: Sec. 19.79. Rates for municipal sewer service. Rates for municipal sewer service shall be as fixed by resolution of the council, a copy of which shall be kept on file at the office of the city clerk. Section XXXIII. Section 19.83 is amended as follows: Sec. 19.83. Exemption for nonsewer users. The above charges shall apply only to users connected into the city sewer system. The above charges shall not apply to premises legally using privately owned sewer or septic tank system. Section XXXIV. Section 19.88 is amended as follows: Sec. 19.88. Due date. Ail sewer service and use charges shall be due and payable on the twentieth day of the calendar month. Section XXXV. Section 19.93 is amended as follows: Sec. 19.93. Enforcement of payment. In the event of the failure of any owner to pay when due any sewer service and use charges applicable to premises owned by him, the city may enforce payment of such delinquent charges in any of the following manners: -12- ORDINANCE NO. 81-28 (a) The city administrator may have such premises disconnected from the sewer system. In the event such disconnection should create a public hazard or nuisance, the city administrator or his representatives may enter upon the premises for the purpose of doing such things as may be reasonably necessary to alleviate or remove such hazard or menace. The owner of such premises shall have a duty to reimburse the city for all expenses incurred by the city in disconnecting any such premises, or in doing other things authorized by this article, and no reconnection shall be made until all such charges are paid. (b) The city may institute action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the city may be collected; and in such action, the court may allow a reasonable attorney fee to the city for bringing the action, to be included in and as a part of any judgment granted therein. (c) Such other action may be taken as may be authorized by law and by the city council. Section XXXVI. Section 19.97 is amended as follows: Sec. 19.97. Discharge to sewers required: Ail waste water shall be discharged to public sewers, except agricultural processing waste water, which is discharged into the agricultural processing sewer system. Section XXXVII. Section 19.100 is amended as follows: Sec. 19.100. Discharge of storm waters, surface water, roof runoff or subsurface waters. No person shall discharge or cause to be discharged any storm waters, surface waters, roof runoff or subsurface drainage to any municipal sewer. Storm waters, surface waters, roof runoff or subsurface waters shall be discharged to such drains as are specifically designated as storm drains, or to a natural outlet approved by the director of public works. Industrial cooling, or other unpolluted process water shall be discharged to a storm drain if so required by the director of public works. Section XXXVIII. Section 19.102 is amended by amending paragraphs (b),(d),(g) and (o) and adding paragraphs (p) as follows: Sec. 19.102. Certain wastes prohibited in public sewers. (b) Wastes having a temperature in excess of 25 degrees C. or less than 10 degrees C. -13- ORDINANCE NO. 81-28 (d) Wastes having a monitored pH lower than 6.5 or higher than 8.5, or having any corrosive prooperty capable of causing damage or hazards to structures, equipment, or personnel of the public sewer systems. Where the city engineer deems it advisable it may be required that any person discharging industrial wastes, install and maintain in approved manner a suitable device to continuously measure and record the pH of the wastes so discharged. (g) Wastes containing insoluble, non-flocculent substances having a specific gravity in excess of 1.10. (o) Wastes containing any toxic radioactive isotopes without a special permit, except where: (1) The person is authorized to use radioactive materials by the Atomic Energy Commission or other governmental agency empowered to regulate the use of radioactive materials. (2) The waste is discharged in strict conformity with current Atomic Engery Commission recommendations for safe disposal of radioactive wastes. (3) The person discharging the radioactive wastes assumes full responsibility for any injury to personnel or damage to the sewerage system that may result from such discharge and submits evidence satisfactory to the director of public works that he has assumed this responsibility. Any person discharging a radioactive waste to the public sewer in accordance with the provisions of the preceding paragraph shall submit to the director of public works such reports as the director may deem necessary. If any radioactive material is accidentally discharged into the public sewer, the person responsible shall: (i.) Immediately notify the director of public works. (ii.) Render such technical or other assistance to the department of public works within his power to prevent the sewerage system from becoming contaminated with radioactivity. (4) The person has secured a permit from the director of public works to discharge radioactive materials into the public sewers. -14- ORDINANCE NO. 81-28 (p) Wastewater containing in excess of: 0.! mg/1 arsenic 0.1 mg/1 cadmium 2.0 mg/1 copper 1.0 mg/1 cyanide 0.5 mg/1 lead 0.01 mg/1 mercury 1.0 mg/1 nickel 0.5 mg/1 silver 5.0 mg/1 total chromium 5.0 mg/1 zinc Trace mg/1 total identifiable chlorinated hydrocarbons 1.0 mg/1 phenolic compounds which cannot be removed by the City's Wastewater treatment processes. (1) State Requirements State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this ordinance. (2) City's Right of Revision The City reserves the right to establish by ordinance more stringent limitations or requirments on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in this Ordinance. (3) Excessive Discharge No User shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the City or State. (Comment: (Dilution may be and acceptable means of complying with some of the prohibitions set forth in Section 19.102 (d) e.g. the pH prohibition.) (4) Accidental Discharges Each User shall provide protection from accidental discharge of prohibited materials or other substance regulated by this Ordinance. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. Ail existing Users shall complete such a plan by January 1, 1983. No user who commences contribution to the wastewater treatment plant after the effective date of this ordinance shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not -15- ORDINANCE NO. 81-28 relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this Ordinance. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the wastsewater treatment plant of the incident. The notification shall include location of discharge, type of waste, condentra- tion and volume, and corrective actions. (i) Written Notice: Within five (5) days following an accidental discharge; the User shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the wastewater treatment plant, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. (ii) Notice to Employees: A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such dangerous discharge to occur are advised of the emergency notification procedure. Ail of the preceding standard shall apply at the point where the wastes are discharged into the sanitary sewer system, or the storm drain system, and any chemical or mechanical corrective treatment required must be accomplished to practical completion before the wastes reach that point. Section XXXIX. Section 19.104 is amended by adding the following subparagraphs to paragraph (3): (a) Federal Categorical Pretreatment Standards Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this Ordinance. The Superintendent shall notify all affected User's of the applicable reporting requirements under 40 CFR, Section 403.12. (b) ~{odification of Federal Categorical Pretreatment Standards Where the City's wastewater treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to the Approval Authority for modification of specific limits in Federal Pretreatment Standards. -16- ORDINANCE NO. 81-28 pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system 95 percent of the samples taken when measured according to the procedures set forth in Section 403.7(c) (2) of (Title 40 of the Code of Federal Regula- tions, Part 403) - "General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. The City may then modify pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the Approval Authority is contained. Section XXXX. Section 19.105 is hereby repealed. Section XXXXI. Section 19.106 is amended by renumbering it Section 19.105. Section XXXXII. Section 19.106 is enacted as follows: Sec. 19.106 Required; Application (a) General Permits All significant users proposing to connect to or to contribute to the Municipal sewer system shall obtain a Wastewater Discharge Permit before connecting to or contributing to the Municipal sewer system. Ail existing significant users connected to or contributing to the Municipal sewer system shall obtain a Wastewater Contribution Permit within 180 days after the effective date of this Ordinance. (b) Permit Application Users required to obtain a Wastewater Contribution Permit shall complete and file with the City, an application in the form prescribed by the City, and accompanied by a fee to be set from time to time by Council Resolution. Existing users shall apply for a Wastewater Contribution Permit within 30 days after the effective date of this Ordinance, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the Municipal sewer system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: (1) Name, address, and location, (if different from the address); (2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; -17- ORDINANCE NO. 81-28 (3) Wastewater constituents and characteristics including but not limited to those mentioned in Section 19.102 and 19.104 of this Ordinance as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, part 136, as amended; (4) Time and duration of contribution; (5) Average daily and 3 minute peak wastewater flow rates, including daily, monthly and season variations if any; (6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation; (7) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged; (8) Where known, the nature and concentration of any pollutants in the discharge which are limited by and City, State, or Federal Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional Operation and Maintenance (O&M) and/or additional pretreatment is required for the User to meet applicable Pretreatment Standards; (9) If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards; the shortest schedule by which the User will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard: The following conditions shall apply to this schedule: (i) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable pretreatment Standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.) (ii) No increment referred to in paragraph (i) shall exceed 9 months. -18- ORDINANCE NO. 81-28 (iii) Not later than 14 days following each date in the schedule and the final date for compliance, the User shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the User to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress report to the Superintendent. (10) Each product produced by type, amount, process or processes and rate of production; (11) Type and amount of raw materials processed (average and maximum per day); (12) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; (13) Any other information as may be deemed by the City to be necessary to evaluate the permit application. The City will evaluate the date furnished by the User and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a Wastewater Contribution Permit subject to terms and conditions provided herein. (c) Permit Modifications Within 9 months of the promulgations of a National Categorical Pretreatment Standard, the Wastewater Contribution Permit of Users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a User, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a Wastewater Contribution Permit within 180 days after the promulgation of the Applicable National Categorical Pretreatment Standard. In addition, the User with an existing Wastewater Contribution Permit shall submit to the Superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required. (d) Permit Conditions 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 City. Permits may contain the following: -19- RESOLUTION NO. 81-28 (1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a public sewer; (2) Limits on the average and maximum wastewater constitutents and characteristics; (3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; (4) Requirements for installation and maintenance of inspection and sampling facilities; (5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; (6) Compliance schedules; (7) Requirements for submission of technical reports or discharge reports; (8) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording City access thereto; (9) Requirements for notification of the City or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced in the wastewater treatment system. (10) Requirements for notification of slug discharges; (11) Other conditions as deemed appropriate by the City to ensure compliance with this Ordinance. (e) Permits Duration Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in Section 2 are modified or other just cause exists. The User shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. -20- ORDINANCE NO. 81-28 (f) Permit Transfer Wastewater Discharge Permits are issued to a specific User for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner new User, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or User shall also comply with the terms and conditions of the existing permit. (g) Reporting. Requirements for Permittee (1) Compliance Date Report Within 90 days following the date for final compliance with applicable Pretreatment Standards or, in the case of a New Source, the following commencement of the introduction of wastewater into the Municipal Sewage System any user subject to Pretreatment Standards and Requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by Pretreatment Standards and Requirements and the average and maximum daily flow for these process units in the User facility which are limited by such Pretreatment Standards or Requirements. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the User into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be signed by an authorized representative of the industrial User, and certified to by a qualified professional. (2) Periodic ~?mpliance Reports (i) Any User subject to a Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in the case of a New Source, after commencement of the discharge into the Municipal Sewage System, shall submit to the Superintendent during the months of June and December, unless required more frequently in the Pretreatment Standard or by the superintendent, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such Pretreatment Standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in paragraph (b) (4) of this section. At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are to be submitted. -21- ORDINANCE NO. 81-28 (ii) The Superintendent may impose mass limitations on Users which are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subparagraph (1) of this paragraph shall indicate the mass of pollutants regulated by Pretreatment Standards in the effluent of the User. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Superintentdent, of pollutants contained therein which are limited by the applicable Pretreatment Standards. The frequency of monitoring shall be prescribed in the applicable Pretreatment Standard. Ail analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. (Comment: Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication. Sampling and Analysis 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 Administrator). (h) Pretreatment Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the User's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Ordinance. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the User's initiation of the changes. -22- ORDINANCE NO. 81-28 The City may annually publish in a qualified local newspaper a list of the Users which were not in compliance with any Pretreatment Requirements or Standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the users during the same 11 months. All records relating to compliance with Pretreatment Standards shall be made available to officials of the EPA or Approval Authority upon request. (i) Confidential Information Information and data on a User obtained from reports, questionnaires permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the User. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secrets processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Ordinance, the National Pollutant Discharge Elimination System (NPOES) Permit, State Disposal System permit and/or the Pretreatment Program; provided, however, that such portions of a report shall be available for use by the State or any State Agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constitutents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential, shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the User. Section XXXXIII. Section 19.113 is amended as follows: Sec. 19.113. Damage to sewer apparatus It shall be unlawful for any person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewerage works. Section XXXXIV. Ail ordinances and parts of ordinances in conflict herewith are hereby repealed. -23- ORDINANCE NO. 81-28 Section XXXXV. This ordinance shall take effect and be in full force thirty (30) days from and after its passage and approval. PASSED AND ADOPTED this 8th day of September, 1981, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ALBERT, HUGHAN, LINK, TAYLOR and GOODRICH NONE CUNNINGHAM and PATE APPROVE~~ ~_ ~ /S/ ~ N/~RM~A'N B. GOODRICH Mayor ATTEST: -24- ORDINANCE NO. 81-28 I, SUSANNE E, STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No.81-28 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 8th day of September, 19 81, 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 3.~d.. day of November , 19 City Clerk of the City of~Giiroy (~- (Seal) 81.