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Ordinance 1989-08ORDINANCE NO. 89-8 AN ORDINANCE OF THE CITY OF GILROY AMENDING VARIOUS SECTIONS OF CHAPTER 19 OF THE GILROY CITY CODE PERTAINING TO SEWERS AND SEWAGE DISPOSAL SO AS TO CO}fPLY WITH FEDERAL REQUIRE- MENTS. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I. The definition of "New Sources" in Section 19.1 of the Gilroy City Code is amended to read as follows: New Sources: Any source, the construction of which commenced after the publication of proposed regulations prescribing a Section 307 (c) (33 U.S.C. 1317) Categorical Pretreatment Standard. SECTION II. Section 19.96 is amended to read as follows: Sec. '19'. 96. Right of insp~ecti'on. Whenever the director of public works, health officer or any authorized representative of the City shall have cause to conduct a routine inspection or to suspect that a nuisance or violation of this chapter exists in any house, cellar, enclosure or building, within the City limits or discharging into the sewerage system, or for the purpose of inspecting and monitoring industrial waste discharges for general compliance, he may demand entry therein at all reasonable times, and may take independent samples and if the owners or occupant shall refuse or delay to open the same and admit a free examination or sampling, such refusal or delay shall constitute a misdemeanor. SECTION III. Paragraph (a) of Section 19.102 is amended to read as follows: (a.) Any gasoline, benzene, naptha, fuel, oil or other inflammable or explosive liquid, solid or gas; ORDINANCE NO. 89-8 -1- SECTION IV. Paragraph (d)(8) of Section 19.106 is amended to read as follows: Ail industrial users shall retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by the City) and shall make such records available for inspection and copying by the City. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the City. SECTION V. Paragraph (g)(!) of Section 19.106 is amended by adding thereto the following sentence: This statement and all other reports to be submitted under 40 CFR 403.12 shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional. SECTION VI. Section 19.109 is amended to read as follows: Sec '1'9'.'1'09. ''S~'e¢'ial''agreeme~ts' Wi'th other Public jurisdic- t'ZonS~for''di'se~ar~e~i~r~'al' wastes. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the City and other public jurisdictions or any industrial concern whereby sanitary sewage from public jurisdictions or industrial waste of unusual strength, or character may be accepted by the City for treatment, subject to special regula- tion and payment therefor by the public jurisdiction or in- dustrial concern and such waste does not contravene Federal regulations. SECTION VII. Section 19.111 is amended to read as follows: Sec. 19~.'111 ~ Vi'olat'ion ''CiVil Penalty. Any user who is found to have violated an order of the City Council, or who willfully.or negligently failed to comply with any provision of thzs chapter and the orders, rules, regulations and permits issued hereunder, shall be fined no less than one thousand dollars for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. The City may also discontinue all services for water and sewer until the ORDINANCE NO. 89-8 ~2- violations are corrected. In addition to the penalties provided herein, the Citymay recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued herein. SECTION VIII. Ail other ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION IX. This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 3rd of April 1989 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN NOES: COUNCILMEMBERS. NONE ABSENT: COUNCILMEMBERS: NONE ORDINANCE NO. 89-8 -3- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 89-8 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of April , 19 89 , 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 19 89. CSty ¢ler~ of the C~ty of uilroy (Seal) 20th day of April