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Ordinance 1991-10ORDINANCE No. 91-10 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 19.96, 19.102 (p) (3), 19.106 (b) (3), 19.106 (h) AND 19.111 AND ENACTING SECTION 19.114-1 OF THE GILROY CODE PERTAINING TO SEWAGE TREATMENT TO CONFORM TO THE CODE OF FEDERAL REGULATIONS. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION: I. Section 19.96 is amended to read as follows: Sec. 19.96 Legal Authority (a) The city shall operate pursuant to legal authority enforceable in Federal, State or local courts, which authorizes or enables the city to apply and to enforce the requirements of sections 307 (b) and (c), and 402 (b) (8) of the Act and any regulations implementing those sections. (b) Whenever the city 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, the person 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 II. Section 19.102 (p)(3) is amended to read as follows: (3) Dilution Prohibited as Substitute for Treatment. 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 National Pretreatment Standards, or in any other pollutant-specific limitation developed by the city or state. SECTION III. Section 19.106 (b)(3) is amended to read as follows: (3) Waste water constituents and characteristics including but not limited to those mentioned in section 19.102 and 19.104 of this article as determined be a State licensed analytical laboratory; all analyses shall be performed in accordance with procedures established by the Administrator pursuant to section 304(h) of the Act and ORDINANCE No. 91-10 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 techniques approved by the Administrator. SECTION IV. Section 19.106(h) is amended to read as follows: (h) Pretreatment (1) Users shall provide necessary waste water treatment as required to comply with this article and achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat waste water 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 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 article. 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. (2) The city shall 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 twelve (12) previous months. The notification shall also summarize any enforcement actions taken against the users during the same twelve (12) months. (3) Representatives for the State of California and Federal regulatory agencies shall be provided unrestricted access to pretreatment records. SECTION V. Section 19.111 is amended to read as follows: Sec. 19.111. Violations; civil penalty Any user who is found to have violated an order of the city council or who failed to comply with any provision of this chapter and the orders, rules, regulations and permits issued hereunder, shall be fined no less than one thousand dollars ($1000.00) 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 violations are corrected. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporter's fees and other ORDINANCE No. 91-10 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 VI. Section 19.114-1 is enacted to read as follows: Sec. 19.114-11njuctive relief The city shall have the right to seek injunctive relief for noncompliance by Industrial Users with any Pretreatment Standards and Requirements. SECTION VII. All other ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION VIII. This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 6th day of May, 1991 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: __ //~//' ~ayor · ~erk ORDINANCE No. 91-10 3 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 91-10 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of__ May , 19 91 , 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 91. ~'ity C!erk of the ¢~ty o~ (Seal) 7th day of May