Ordinance 1985-11ORDINANCE NO. 85-11
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING CITY CODE CHAPTER 19
PERTAINING TO SEWERS AND SEWAGE DISPOSAL
The City Council of the City of Gilroy does ordain
as follows:
Section 1. City Code Section 19.1 is amended by
adding, deleting and amending the following definitions:
Amend:
Director of Public Works or Director: The
director 0f ~blic work-~ t~e city or his
administrative authority.
Delete:
Industrial Sewer System
Amend:
Industrial User: Any contributor of industrial
waste or waste water.
Delete:
Industrial Wastes
Add:
Industrial waste or wastewater: Any nondomestic
liquid or soli~ wastes from any producing, manu-
facturing, processing or operation of commercial,
industrial or institutional establishment of whatever
nature. Industrial waste is distinct from sanitary
or domestic waste.
Amend:
Significant industrial User: Any industrial
user of the city's municipa-~aste water disposal
system who (i) has discharge flow of ten thousand
(10,000) gallons or more per average work day, or
(ii) has a flow greater than five (5) per cent
of the flow in the city's waste water treatment
system, or (iii) has in his waste toxic pollutants as
defined pursuant to Section 307 of the Act or (iv) is
found by the city, the state, or the U.S. Environ-
mental Protection Agency (EPA) to have significant
impact, either singly or in combination with other
contributing industries, on the municipal waste
water treatment system, the quality of sludge, the
system's effluent quality, or air emissions
generated by the system.
ORDINANCE NO. 85-11
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Section 2. City Code Section 19.71 is amended
to read 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, for the
implementation of the industrial waste pretreatment
program, to repay principal and interest on any
bonds which may hereafter be issued for the con-
struction 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 or reconstruc-
tion 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 3. City Code Section 19.77 is amended to
read as follows:
Sec. 19.77. Same - Commercial, industrial or
institutional premises.
As used in this article, "commercial or industrial
or institutional premises" means and includes a unit
of real property, or portion thereof, planned, designed
or used and operated under one management for a
commercial, industrial or institutional purpose.
Section 4. City Code Section 19.79 is amended to
read as follows:
Se__~c. 19.79.Rates and charges for municipal sewer service.
Rates for municipal sewer service and charges
for industrial users 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. The charges
established for the industrial users shall be based
upon the measured or estimated constituents and
characteristic of that user which may include, but
not limited to BOD, COD, SS, Oil and grease and
volume of the wastewater.
ORD%NANCE NO. 85-11 -2-
~Section 5. City Code Section 19.80 is enacted
to read as follows:
Sec. 19.80. T_zpes of charges for industrial user
The types of charges for industrial user may
include, but not limited to:
(a) fees for permit applications
(b) fees for monitoring, inspections and surveillance
(c) surcharges for BOD, SS, volume and other discharge
constituents
(d) other fees as the city may deem necessary to
carry out the requirements contained herein.
Section 6. City Code Section 19.81 is enacted to
read as follows:
~Sec. 19'.81. WasteWater Volume Determination
(a) Mete'red Water 'SuPPly Indu~,~t~ial user charges
and fee~ shall be appliedagainst~ the total amount
of water used from all sources unless, in the opinion
of the director, significant portions of water
received are not discharged to the sewer.
The total amount of water used from public and private
sources will be determined by means of public meters
or private meters, installed and maintained at the
expense of the user and approved by the director.
(b) Metered Wastewater Volume and Metered Diversions.
For indJstrial users where, in the"-opinion of the
director, a significant portion of the water received
from any metered source does not flow into the 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 from
such premises into the sewer. Written notification
and proof of the diversion of water must be provided
by the user if the user is to avoid the application
of the user charges and fees against the total amount
of water used from all sources. The user may install
a meter of a type and at a location approved by the
director and at the user's expense. Such meters may
measure either the amount of sewage discharged or the
amount of water diverted. Such meters shall be tested
for accuracy at the expense of the user when deemed
necessary by the director.
(c) Estimated Wastewater Volume -Users Without
Source Meters. For industrial users where, in
the opinion of the director, it is unnecessary or
impractical to install meters, the quantity of
wastewater may be based upon an estimate prepared by
the director. This estimate shall be based upon a
ORDINANCE NO. 85-11
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rational determination of the wastewater
discharged and may consider such factors as
the number of fixtures, seating capacity,
population equivalent, annual production of
goods and services or such other determinants
of water use necessary to estimate the wastewater
volume discharged.
(d) Estimated wastewater volume - Users
With Source Meters. For industrial users who,
in the opinion of the director, divert a
significant portion of their flow from a
sewer, the user charges may be based upon an
estimate of the volume to be discharged. The
estimate must include the method and calculations
used to determine the wastewater volume and may
consider such factors as the number of fixtures,
seating capacity, population equivalents, annual
production of goods and services, or such other
determinations of water use necessary to estimate
the wastewater volume discharged.
Section 7. The first paragraph of City Code
Section 19.89 is amended to read as follows:
Sec. 19.89. Payment - Billing.
Ail charges for sewage service and industrial
users established by this article shall be paid to
and collected by the director of finance of the
city. Such charges shall be billed upon the same
bill used for the collection of charges for water
furnished by the city to water customers and with
such water charges shall be collected as one item,
but a separate account shall be kept in the office of
the director of finance of the amounts for all charges
made for sewage service and use and the amount
collected therefor.
Section 8. City Code Section 19.98 is amended to
read as follows:
Sec. 19.98. Discharge to natural outlets.
It shall be unlawful to discharge to any natural
outlet any sanitary sewage, industrial wastes,
petroleum products, coal tar, or any refuse substance
from any residential, commercial, industrial or
institutional establishments.
ORDINANCE NO. 85-11
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The director of public works may require that
unpolluted or uncontaminated cooling or other process
water be discharged to a natural outlet, or that it
be separated from sanitary or industrial wastes.
Section 9. City Code Section 19.99 is amended to
read as follows:
'Sec ~19.99.
Compliance with other regulations.
No statement contained in this chaoter shall
be construed to interfere with any additional
requirements that may be imposed by the county
health officer, the atomic energy commission, the
regional water quality control board, or Environmental
Protection Agency.
Section 10. City Code Section 19.102, paragraphs
(a), (b), (e), (f), (i), (p) and (p)(3) and (p)(4)(i) are
amended to read as follows:
Sec. 19.102.
Certain wastes prohibited in. public sewers.
(a) Wastes containing liquids, solids or gases
which by reason of their nature or quality may cause
fire, explosion, or be in any way injurious to
persons, the structures of the sewerage systems or
their operation. Prohibited materials include, but
are not limited to, gasoline, kerosene, naphtha,
benzene, toluene, xylene, eithers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides and any
other substances which the City, the State or EPA
has notified the user is a fire hazamd or a hazard
to the system.
(b) Wastes having a temperature in excess of
40~c (104~F).
(e) Wastes containing any noxious or malodorous
gas or substance which either singly or by inter-
action with sewage or other wastes is, in the
opinion of the director likely to create a public
nuisance or hazard to life or prevent entry to
sewers for their maintenance and repair.
(f) Wastes containing ashes, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, hair, lime slurry, lime residues,
chemical residues, paint residues, in such quantity
and concentration that, in the opinion of the director,
such substances will cause an obstruction to the flow
in the sewer or otherwise interfere with the proper
ORDINANCE NO. 85-11
-5-
operation of the public sewer systems. Attention
is called to the fact that the maximum permissible
concentration will 'vary throughout the system
depending upon the size of the particular
receiving sewer and the flows therein.
(ii) Any waters or wastes containing bio-
chemical oxygen demand or suspended solids of
such character and quantity that unusual attention
or expense is required to handle such materials at
the sewage treatment plant.
(p) Waste water containing in excess of:
0.1 mg/1 arsenic
0.1 rog/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
0.2 mg/1 silver
0.5 mg/1 total chromium
3.0 mg/1 zinc
1.0 'mg/phenolic compounds
Trace mg/1 total identifiable chlorinated hydrocarbon~
Trace mg/1 toxic organic compounds (priority
pollutants as defined by the Enviror~ental
Protection Agency)
(p) (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 com-
pliance with the limitations contained in the Fed-
eral National Pretreatment Standards, or in any
other pollutant-specific limitation developed by
the city or state. (Comment: Dilution may be an
acceptable means of complying with some of the
prohibitions set forth in section 19.102 (d) e.g. the
pH prohibition.)
ORDINANCE NO. 85-11 -6-
(p) (4) (ii) Written notice: Within five (5) days follow-
ing an accidental discharge; the user shall submit
to the director 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 waste water treatment p~ant, 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.
Section 11. City Code Section 19.104, paragraphs (1)(a),
(1)(b), (2), (2)(a) and (3) are amended to read as follows:
Sec. 19.104. Review and approval required for
discharge of certain wastes in public sewers.
(1) (a) A biochemical oxygen demand greater than
three hundred (300) milligrams per liter.
(b) More than three hundred (300) milligrams
per liter of suspended solids.
(2) Where required by the director of public
works, the owner shall provide, operate and maintain
at his expense, such pretreatment facilities as may
be necessary to:
(a) Reduce the B.O.D. to three hundred (300
milligrams per liter and the suspended
solids to three hundred (300) milli-
grams per liter by weight; or
(3) Plans, specifications and any other pertinent
information relating to proposed pretreatment facilities
shall be submitted to the director of public works
for his approval, and no construction of such facilities
shall be commenced until such approval is obtained in
writing. No connection to the public sewer shall be
made until the construction is complete and is
acceptable to the director of public works. The owners
shall furnish the city with results of such laboratory
control tests and operating data as may be called for
in the permit to enable the city to determine compliance
with the provisions of this article.
ORDINANCE NO. 85-11 -7-
Section 12. City Code Section 19.106,
paragraphs (a), (b), (b) (9) (iii) , (c), (g)(1) and (g)(2)
are amended to read as follows:
Sec. 19.106. Permits required; application.
(a) General permits. Ail industrial users
proposing to connect to or to contribute to the
municipal sewer system shall obtain an industrial
waste discharge permit before connecting to
or contributing to the municipal sewer system.
All eXisting industrial users connected to or
contributing to the municipal sewer system shall
obtain an industrial waste discharge permit
within one hundred eighty (180) days after the
effective date of this section on August 14, 1985.
(b) Permit application. Users required to
obtain an industrial waste discharge 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
waste water discharge permit within thirty (30)
days after the effective date of this section on
August 14, 1985, and proposed new users shall
apply at least ninety (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:
(b) (9)(iii) Not later than fourteen (14) days
following each date in the schedule and the final
date for compliance, the user shall submit a
progress report to the director including, as a
minimum, whether or not it complied with the 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 nine (9) months elapse between such progress
report to the director.
(c) Permit modifications. Within nine (9)
months of the promulgation of a National Categorical
pre-treatment Standard, the waste ~ater discharge
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
ORDINANCE NO. 85-11 -8-
waste discharge permit within one hundred eighty
(180) days after the promulgation of the applicable
National Categorical Pretreatment Standard.
In addition, the user with an existing waste
water contribution permit shall submit to the
director within one hundred eighty (180) days
after the promulgation of an applicable
Federal Categorical Pretreatment Standard the
information required.
(g) Reporting requirements for permittee.
(1) Compliance date report. Within ninety (90)
days following the date for final compliance with
applicable pretreatment standards or, in the case
of a new source, following commencement of the
introduction of waste water into the municipal
sewage system any user subject to pretreatment
standards and requirements shall submit to the
director 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 pretreat-
ment 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 compliance 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 commence-
ment of the discharge into the municipal
sewage system, shall submit to the
director during the months of June and
December, unless required more frequently
in the pretreatment standard or by the
director, a report indicating the nature
and concentration, of pollutants in the
effluent which are limited by such pre-
treatment standards. In addition, this
report shall include a record of all daily
flows which during the reporting period
ORDINANCE NO. 85-11 -9-
exceeded the average daily flow reported in
paragraph (b) (4) of this section. At the
discretion of the director and in considera-
tion of such factors as local high or low
flow rates, holidays, budget cycles, etc.,
the director may agree to alter the months
during which the above reports are to be
submitted.
(ii)
The director may impose mass limitations on
users which are using dilution to meet
application pretreatment standards or require-
ments, 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 director of
pollutants contained therein which are limited
by the applicable pretreatment standards. The
frequency of monitoring shall be prescribed in
the applicable pretreatment standard. All
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).
Section 13. City Code Section 19.111 is amended to
read as follows:
Sec. 19.111. Notice to abate violations of chapter;
procedure for enforcement.
Any person found to be violating any provision
of this chapter, except section 19.113, shall be
served by the city with written notice stating
ORDINANCE NO. 85-11 -10-
the nature of the violation and providing
a reasonable time limit for the satisfactory
correction thereof. The offender shall,
within the period of time stated in such notice,
permanently cease all violations. Ail services
for water, sewer or garbage may be discontinued
for failure to correct the violation with the
time limited.
It is hereby expressly provided that failure
to cease such violations within the period of
time stated in the notice shall constitute a
public nuisance, and the city attorney is hereby
authorized, in addition to any other remedies
provided by law, to institute abatement proceedings
against the violator. Penalties for violations
and falsifying information shall be as fixed by
resolution of the council.
Section 14. Ail other ordinances and parts of
ordinances in conflict herewith are hereby repealed.
Section 15. This ordinance shall take effect and
be in full force thirty (30) days from and after its adoption
and approval.
PASSED AND ADOPTED this 15th day of July 1985
by the following vote:
AYES:
COUNCILMEMBERS:
GAGE, KLOECKER, MUSSALLEM,
PATE, YALDEZ and HUGHAN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: ALBERT
ORDINANCE NO. 85-11 -11-
I, SUSANNE E. STEINMETZ, City Clerk of the City of
Gilroy, do hereby certify that the attached Ordinance No. 85-11
is an original ordinance, duly adopted by the Council of the City
of Gilroy at a regular meeting of said Council held on the 15th
day of July
present.
, 19 85 , at which meeting a quorum was
affixed the Official Seal of the City of Gilroy, this
of September , 19 85
/City Clerk of th~ City of Gilroy ~
IN WITNESS WHEREOF, I have hereunto set my hand and
13th day.
(Seal)