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