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Ordinance 1993-21ORDINANCE NO. 93-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING AN ORDINANCE OF THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY REGULATING INDUSTRIAL USERS AND SETTING UNI- FORM REQUIREMENTS FOR DISCHARGE INTO THE WASTEWATER COLLECTION AND TREATMENT SYSTEM AND AMENDING SECTIONS 19.1 and 19.96 AND REPEAL- ING SECTIONS 19.97, 19.98, 19.101, 19.105, 19.109 and 19.113 OF THE GILROY MUNICIPAL CODE WHEREAS, the City of Gilroy entered into a Joint Powers Agreement creating the South County Regional Wastewater Authority (the "Authority") to best meet the City's future needs for the acquisition, construction and operation of wastewater facilities and is a Member Agency of that Authority; WHEREAS, the Authority has jurisdiction over the Indus- trial, commercial and institutional users within the City of Gilroy to provide for and monitor the disposal of sewage; WHEREAS, the Member Agencies of the Authority must adopt waste disposal standards not inconsistent with those of the Authority; and WHEREAS, the Authority has adopted an Ordinance of the South County Regional Wastewater Authority Regulating Industrial Users and Setting Uniform Requirements for Discharge into the Wastewater Collection and Treatment System thereby establishing the standards for industrial, commercial and institutional waste disposal in the City of Gilroy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The City Council of the City of Gilroy hereby adopts the Authority's Pretreatment and Sewer Use Ordinance entitled "An Ordinance of the South County Regional Wastewater Authority Regulating Industrial Users and Setting Uniform Requirements for Discharge Into the Wastewater Collection and Treatment System," attached hereto as Exhibit A, and incorporated herein by this ORDINANCE NO. 93 - 21 -1- reference as if set forth in full, including any and all penalty clauses that exist therein. SECTION II Section 19.1 is hereby amended to read as follows: 19.1 Definitions. South County Regional Wastewater Authority or the Authority: shall mean the joint powers agency established under the Joint Exercise of Powers Act of the State of California by and between the Cities of Gilroy and Morgan Hill to construct, operate and maintain facilities for the collection, treatment or disposal of sewage, waste and storm water. Amend: Industrial waste or wastewater: Any nondomes- tic liquid or solid wastes from any producing, commercial, industrial or institutional estab- lishments ~f--~A--~r...~ ~...~-~---c.~ Industrial waste is distinct from sanitary or domestic waste. Delete: Categorical standards Environmental Protection Agency or EPA National Categorical Pretreatment Standard or pretreatment standard National Prohibitive Discharge Standard or prohibitive discharge standard Natural outlet New sources Pretreatment or treatment Pretreatment requirements Significant industrial user SECTION II Section 19.96 is hereby amended to read as follows, with deleted matter shown in strike-out type and new matter shown in underscored type for convenience: Bec. 19.96 Legal &uthority. (a) The City or the Authority shall operate pursuant to legal authority enforceable in federal, state or local courts, which authorizes or enables the City or the Authority to apply and to enforce the requirements of sections 307(b) and (c), and 402(b)(8) of the Act and any regulations implement- ing those sections. Any and all Industrial users, and any and all Industrial waste or wastewater discharges, as de- fined in sec. 19.1, shall be regulated by the Authority and subject to Ordinance 93-1, entitled -2- ORDINANCE NO. 93 - 21 the Ordinance of the South County Regional Wastewa- ter Authority Regulating Industrial Users and Setting Uniform requirements for Discharge into the Wastewater Collection and Treatment System, as adopted and as it may be amended from time to time. Whenever the city or any other authorized represen- tative 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 indus- trial 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 misdemean- or. SECTION III Sections 19.97, 19.98, 19.101, 19.105, 19.109 and 19.113 of the Gilroy Municipal Code are hereby repealed. SECTION IV The City Clerk of the City of Gilroy is hereby directed to publish, maintain copies of and make available to the public the Ordinance of the South County Regional Wastewater Authority Regulating Industrial Users and Setting Uniform Requirements for Discharge into the Wastewater Collection and Treatment System as adopted by Ordinance 93-1 and as it may be amended from time to time. SECTION V If any section, subsection, subdivision, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdic- tion, such decision shall not effect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordi- nance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid or unconstitu- tional. SECTION VI This ordinance shall take effect and be in full force if ORDINANCE NO. 93 - 21 -3- and only if Ordinance 93-1 of the Authority regulating Industrial users and setting uniform requirements for discharge into the wastewater collection and treatment system becomes effective, but in no event shall this ordinance take effect less than thirty (30) days from and after this ordinance's final adoption and approval. PASSED AND ADOPTED this 25th day of October, 1993 by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, VALDEZ, GAGE ABSENT: COUNCILMEMBERS: ROWLISON ATTEST.' Susanne E. Steinmetz, City~lerk APPR~ED: . _ g , ~yor -4- ORDINANCE NO. 93 - 21 EXHIBIT A 0~D~ NO. 93- / The Board of Directors of the South County Regional Wastewater Authority does hereby ordain as follcws: SEC~I~ A: This ordinance may be called the "Pretreatment and Sewer Use SEC~I~ B: Pretreatment and Sewer Use OrH~nance Provisions. SECTI~ 1 G~IER~L P~VISIf~S This ordinance shall apply to all industrial users of the South County Regiooal Wastewater Treatment Plant ("Plant"). The ordinance authorizes the issuance of Wastewater Discharge Permits; authorizes monitoring, ccmpl~ and enforcement activities; establishes administrative review procedures; recp,~res industrial reporting; and provides for the setting of fees for the equitable distribution of costs resulting frc~ the program est~_blished herein. This ordinance sets uniform requirements for discharges into the wastewater collection and treatment system and enables the South County RegioDal Wastewater Authority ("Authority") to cc~ply with the administrative and water C~l~l~ty rec~,~rements of the Clean Water Act, the water ~,ality re~,~re~ents set by the Regiooal Water ~3~l~ty Control Board, the applicable effluent limitations, natioDal star~ards of performance, toxic and pretreatment effluent star~ards, and any other discharge criteria which are re~,~red or authorized by State or Federal law, and to derive the maxinum public benefit by regulating the ~,al~ty and quantity of wastewater The objectives of this ordinance to cc~ply with the Clean Water Act are: To prevent the introduc~-~u of pollutants into the Plant and n%micipal collection syste~ which will interfere with the operation of the system or contaminate the resulting sludge; PN~. 1 e To prevent the introd-ction of pollutants into the Plant which will pass through the system, ima~quately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; e To improve the opportunity to recycle and reclaim wastew~ters and sludges frc~ the system; e To protect the Plant, collection system, and pretreatment personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; Se To enable the Plant to cc~ly with its waste discharge permit conditions, sludge use and disposal re~{re~_nts and any other Federal or State laws to which the Plant is subject. S~22I~ 1.3 AII~NIS'I~ATI(I~ AND ~ The Anthority Manager or designate s~ll enforce the provisions of this ordinance, and for such purposes shall have the powers of a peaoe officer. Such powers shall not limit or otherwise affect the powers and duties of other Authority officials. S~C2I(I~ 1.A DEFINI"~Ct~IS Unless a provision explicitly states otherwise, the following te~ms and phrases, as used in this ordinance, shall have the meanings hereinafter designated. ae Act or the ~ct. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq. Be Approval Authority. Regional Water Q,,~l'ity Control Board, Central Coast Region, San Luis Obispo, C~1 ~fornia._ Ce Authority. South County Regio~a~ Wastewater Authority, its officers, al;rectors, designees or agents. De Authority Manaqer. The Manager of the Authority or a designated representative. E. Authorized Representative of the Industrial User. An authorized representative of an Industrial User may be: 1. A principal executive officer of at least the level of vice-president, if the I~,~ial User is a corporation; 2~.----A-g~en-e~al partner or proprietor if the I~,~trial User is a partnership or proprietorsh~, respectively; or 3. A duly authorized representative of the indivi~,~l designated above if such representative is responsible PAGE 2 Go J L® Me Ne O® P® for the overall operation of the facilities from which the ir~rect discharge originates. Beneficial Uses. Uses of the waters of the State that may be protected against ~,ality degr~ation include, but are not necessarily limited to: Dc~estic, mmnicipal, agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible as specified by Federal or State law. Biochemical Oxyqen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under stauHard laboratory procedure, five (5) days at 20° centigrade expressed in tenms of mass and concentration [ (milligrams per liter (rog/l)]. Builalnq Sewer. A lateral se~er conveying wast, water frc~ the premises of the User to a public sanitary sewer collection system. Cateqorical Standards. National Categorical Pretreatmant StauHards or Pretreatment Star~a~ds. Color. The op~cal density at the vi~,a] wave length of maxiaum absorption relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density. Cc~posite Sample. A sample resulting fr~ the ccmbination of individual wast, water samples taken at selected intervals based on an increment of either flow or time. Coolinq Water. The water discharge frc~ any uses such as coDd~tioning, cooling or refrigeration, or to which the only pollutant ~4ed is heat Cc~nercial or Industrial Sewaqe. Any and all liquids and/or solids conta{ ned within liquids from industrial, ccmm~_rc~a] or institutional processes except liquid borne wastes derived frcm ora{nary living processes and of such character as to permit satisfactory disposal, without spec'i~l treatment, into the sanitary sewage system. Control Authority. The term "Control Authority" shall refer to the "Approval Authority," defined herein above; or the Authority Manager or the Authority Manager's designated authority. Direct Discharqe. The discharge of treated or untreated wast, water d(rectly to the waters of the State of C~l(fornia. Effluent. Sb~] 1 mean the liquid outflow of any facility designed to treat, convey or retain wast.water. PAGE 3 Q® Re Se Te Ue Ve We Xe Ye Se aae BBe Environmental Protection Agency (EPA). The United States 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. Existing Source. Any source of discharge, the const~_ction or operation of which ccmm~_n~ed prior to the publication of proposed categorical pretreatment star~nrds which will be applicable to such source if the standard is thereafter prc~ulgated in accordance with Section 307 of the ~ct (33 USC 1317). Grab Sample. A sample which is taken frc~ a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time or strength. Health Officer. The county health officer, his assistants or authorized deputies. Holdinq Tank Waste. Any waste frc~ holding tanks such as vessels, chemical toilets, campers, trna]ers, boats, septic tanks and Ir~irect Discharqe. The discharge or the ~troduction of non- dcmestic pollutants fr~m any source regulated by the Act, into the South County Wastewater Sewer Treatment Plant (including holding tank waste dischn'r'ged into the system). Industrial User or User. Any contributor of industrial waste or wastewater. Industrial Waste or Wastewater. Any nondcmestic liquid or solid wastes frcm any c~,,,ercial, industrial or institutional establishment. Industrial waste is distinct frc~ sanitary or dcmestic waste .... Inspector. Inspector means the authorized inspector or representative of the Authority Manager. Instantaneous Maximum Allowable Discharqe Limit. The max~ concentration (or lo~41ng) of a pollutant allowed to be discharged at any time, determined frc~ the a~a]ysis of any discrete or cc~posited sample collected, independent of the industrial flow rate and the duration of the sampling event. Interceptor. A dev'_ce or trap to prevent the amount of grease, sand or oil from entering the sewer system. Interfer~---/--~'i~ term "Interference" ~__~__ns an inhibition or disruption of the Plant, its treatment processes or operations, or its sludge processes, use or disposal which is a cause of or significantly contributes to either a violation of any req~,i,'ements of the sewer treatment plants discharge permit PAGE 4 CC. DD. EE. FEi II. JJ. KK. AL® (incl~d~ng an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal by the Plant in accord_~nce with the following statutory provisions add regulations or permits issued under the Solid Waste Disposal Act (SWDA) (incl,,~ng Title II more cc~nonly referred to as the Resource Conservation and Recovery Act (RCRA) and incl,,~ng State regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act and the Toxic Substances Control Act. Medical Waste. Isolation wastes, infectious agents, human blood and blood by-products, pathological wastes, sharps, body parts, fc~ites, etiologic agents, contaminated ~be~44ng, surgical wastes, poten'l-_'J~l ly contaminated laboratory wastes and dialysis wastes. Member Aqency. Either or both of the Cities of c~ l roy or Morgan ~{ll, whose joint exercise of powers agreement created the Authority. Nationml Cateqorical Pretreatment Sta~4ard or ".]~r. et.r. eatment ~~." Any regulation conta~ ning pollutant disc..b~rge ~imits prc~ulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 USC 1317) which applies to a specific category of Industrial Users. National Prohibitive Discharge Sta~4mrd or "prohibitive ~d~soharge staDaard." Any regulation developed uD4_er ~e authority of Section 307 (b) of the A~t and 40 CFR, Section 403.5. New Source. Any source, the construction of which is cc~menced after the publication of proposed regulations prescribing a Section 307(c) (33 USC 1317) Categorical Pretreatment StanH~ ard. Noncontact Coolinq Water. Water used for coo!{ng which does not cm into d{rect contact with any raw material, intermediate product, waste product, or finished product. Pass Throuqh. A discharge which exits the Plant in ~3antities or concentrations which, alone or in conjunction with a discharge or discharges frc~ other sources, is a cause of a violation of any requirement of the South County Regional Wast,water discharge pe~t. Permittee. The person to wh~ a permit has been issued pursuant to this ordinance. Person. Au individual, fi~m, partnership or corporation, and their heirs, assigns or agents. ~. The scale of 1 to 14 which measures acidity and ~] ~] { nity; 7.0 being neutral, 0-6.9 being acidic, and 7.1 - 14 being basic or PAGE 5 alkaline. Technically, it is the logarithm (base 10) of the reciprocal of the concentration ~of hydrogen ions expressed in pH units o ~q. Point of Discharge. The point at which any private sewer joins the public sewer. Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, n%unitions, medical wastes, chemical wastes, industrial wastes, biological mterials, radioactive mterials, heat, wrecked or discharged equi~m~_nt, rock, sand, cellar dirt, agricultural and ir~h~ ,~trial wastes, and the characteristics of the wastewater [i.e. pH, temperature, TSS, turbidity, color, BGC, Chemical Oxygen Demand (COD), toxicity, odor ]. CO® Publicly Owned Treatment Works (POTW). A treatment works as defined by the Act. This definition includes any devices and systems used in the storage, treatment, recyc~g and reclamation of m~nicipal sewage or im~l.~tr{~l wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW. The term also means the nunicipality as defined in the Act, which has jurisH~ction over the ir~irect discharges to and the discharges fr~n such a treatment works. PPe Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants' properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a publicly-owned treatment works (PO1W). The reduction or alteration can be obtained by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR. ----~.-'-Pretreatment re~,irem~nts. Any substantive or procedural re~,irement related to pretreatment, other than a National RR. Proqram A~ministrator or ~ministrator. The designee who oversees the pretreatment program. SSe Proh~hited Discharge Star~mrds. Absolute prohibitions agm{nst the discharge of certain substances; these prohibitions appear in Section 2.1 of this ordinance. Reclaimed Water. Water wh~_ch, as a result of treatment of waste, is suit~_ble for H(rect beneficial use or a controlled use that would not other~L~e~---oucurz UU® Sanitary Sewer. A main line sewer for the acceptance of any sewage or liquid waste except storm water, surface water, ground water, roof runoff or other unpolluted water. P~E 6 WWe XXe ZZ. ZZ1. ZZ2. ZZ3. ZZ4. ZZ5. Septic Tank Waste. Any sewage frc~ holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Sewage. All water or a cc~bination of the liquid or water containing human waste conducted away from residences, business b,(la(ngs and institutions which is known as dc~estic or sanitary sewage, together with the liquid or water carried waste resulting frcm a manufacturing process employed in c~,~rc~al or industrial establishments including washing, cleaning or dr~n water frc~ such processes which is known as in~ ,,strial waste. Shall is man_a_atory; Ma~ is permissive. Siqnificant Industrial User (SIU). Any Industrial User of the Authority's wastewater disposal system who (a) has a discharge flow of ten thousand gallons or more per average worR~ay; or (b) b~-~ a flow greater than five percent of the flow in the Authority's wastewater treatment system; or (c) has wastes which are toxic pollutants as derided pursuant to Section 307 of the Act or State of California Statutes and rules; or (d) is found by the Authority, state control agency or the U.S. Environmental Protection ~ency (EPA) to have significant impact, either singly or in cc~bination with other contributing industries, on the wastewater treatment system, the ~,al{ty of sludge, the system's effluent quality, or air emissions generated by the system. Sluq Load. Any discharge at a flc~ rate or concentration which could cause a violation of the prohibited discharge star~ards in Section 2.1 of this or~{nance or any discharge of a nonroutine, episodic nature, incl,~ng but not limited to, an accidental spill or a noncustc~ary batch discharge. Sta~4erd Industrial Classification (SIC) Code. A classification pur~ant to the Standard Industr{al Classification_Man,~a] issued by the U.S. Office of Management and Budget. Total Dissolved Solids (TDS). Matter dissolved in water that will pass through a filter. Total Suspended Solids (TSS). The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering. Wastewater. The liquid portion of industrial or ~tic wastes fr~n d~_l]{ngs, ~ial b,{]dings, iDd~,,-~trial facilities, and wb~_ch is contributed into or pezmit~ to enter the POTW. Waters of the State. All streams, lakes, pon~-~, marshes, water courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or PAGE 7 artificial, public or private, which are contained within, flc~ through, or border upon the State or any portion thereof. 1.5 ABBREVIATI~ The following abbreviations shall have the designated meanings: BOD - CFR - COD - EPA - qpd - 1 - ~ - mqd - mq/1 - NPDES - O&M - DH - POTW - RCRA - SIC - $IU - SWDA - TOC - TDS - TSS - TTO - USC - Biochemical Oxygen Demand Code of Federal Regulations Chemical Oxygen Demand U.S. Environmental Protection A~ency Gallons Per Day Million Gallons Per Day Milligrams Per Liter National Pollutant Discharge Elimination System Operation and M~ ~ ntenance Hydrogen Ion Concentration Publicly Owned Treatment Works Sta~4~d IDr~ ,-~tr~ ~l Classifications Significant Industrial User Solid Waste Disposal Act (42 USC 6901, et seq. ) Total Organic Carbon Total Dissolved Solids Total Suspended Solids Total Toxic Organics United States Code s~c~IC~ 2 S~CTI~ 2.1 PI~f~IBITED DISCHABGE STANDARDS It sb~] ] be unlawful for any User to contribute or cause to be contributed a{rectly or ina~rectly, any pollutant or wastewater which will pass through or cause interference with the operation or perfon~ance of the POTW whether or not the User is subject to National Categorical Pretreatment Sta~4~rds or any other natioD~l, state or local pretreatment sta~4m~d or re~,{rement. A User may not contribute the following substances to the POTW: A® Any liquids, solids or gases which by reason of their nature or ~antity are, or may be, sufficient either alone or by interaction with other substances to cause a fire or explosion or be injurious in any other way to th~ POiW or to the operation of the POTW. At no time shall two successive re~a{ngs on an explosion haTard meter at the point of ~charge into the system (or at any point in the system) be more than five percent (5%) nor any single re~ a{ng over ten percent (10%) of the Low~st Explosive L~mit (~.) of the meter. Prohibited mater{al s include but are not limited to, gasoline, kerosene, n~phtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, brcmates, carbides, hydrides and sulfides and PAGE 8 Be Ce De Ee F® Ge J® any other substances which the Anthority, the State or EPA ban notified the User is a fire hazard or hazard to the system. Solids or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities. Wastes having a monitored pH lower than 6.5 or higher than 11.0, or having any corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the public sewer systems. Where the Authority deems it advisable, it may be rec~,~red that any person manner a suitable device to continuously measure and record the pH of the wastes so discharged. Any wastewater containing toxic pollutants in sufficient ~,antity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a ba?ard to humans or animals, create a toxic effect in the receiving waters of the Plant, or to exceed the limitation set forth in a Categorical Pretreatment Star~ard. A toxic pollutant sb~ll include, but not be limited to, any pollutant identified pur~,_~nt to the ~ct. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public n,~-~nnce or hazard to life or health, or is sufficient to prevent entry into the sewer system for testing, m~{ntenance and rep~{r. Any substance which may cause the Plant's effluent or any other product of the Plant such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the Plant to be in non-cc~pl ~nce with sludge use or disposal criteria, guidel{nes or regulations developed under the ~t; any criteria, ~,~el~nes, or regulations affecting sludge use or disposal developed pursuant to the Solids Waste Disposal Act, or State criteria applicable to the sludge management method being used. Any substance which will cause the Plant to violate its Wastewa~ Discharge Re~,~ rements. Any wastewater with objectionable color not removed in the treatment process o Any wastewater with heat in amounts which will inb{hit biological activity in the POTW resulting in interference, but in no case heat in such ~ntities that the temperature at the Plant exceeds 40°C (104°F) unless the Approval Authority upon requests of the Plant approves alternate temperature limits. Any pollutants, incl,,a~ng oxygen demanding pollutants (BOD, etc. ) released at a flow rate and/or pollutants concentration which a User PAGE 9 Ke ne Me Ne Oe knows or has reason to know will cause interference to the POTW. In no case sba1 1 a sudden unexpected discharge have a flow rate or contain concentrations or quantities of pollutants that exceed for any t/me period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration, quantities, or flow during nonual operation. Any wast°water conta/ning any racH oactive wastes or isotopes of such half-life or concentration as may exceed limits established by applicable state or federal regulations. Any wastewater which causes a hazard to human 1 ~ fe or creates a public nuisance. Stonu water, surface water, ground water, artesian ~ water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cool ~ ng water, and unpolluted ir~nstrial wast°water. T3mitations on point of discharge: No person sb~ll discharge any substances a(rectly into a manhole or other opening in a public sewer other than through an approved b~l~ng sewer, except upon written application by the User and payment of the applicable User charges and fees o Wastes cont~ ning visible amounts of grease, oil or other substances in concentrations or flows sufficient to cause stoppage, pluggage, or obstruction of flow to the Plant, or cause any other ~a~age or increased maintenance of the collection system. P° Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas mast discharge to the Industrial User's pretreatment facility before connecting with the POTW° -- S~T'I(~ 2.2 J~~ DISC~%B~ PREV~ AND NOTIFICATI(Iq A® Detailed Plans: Each User shall provide protection fr~ accidental discharge of prohibited mter~al s or other substances regulated by this ordinance. Facilities to prevent aocidental discharge of prob{hited mterials shall be provided and maintained at the owner or User's own cost and expense. Detm{led plans showing fac~l{ties and operating procedures to provide this protection sb~l l be ~3kmitted to the Authority for review and shall be approved by the Authority before construction of the facility. No User who c~mnces contribution to the POTW after the effective date of this or~{nance sh~]l be pezmitted-to-~trodnce pollutants into the system until accidental discharge procedures have been approved by the Authority. Review and approval of such plans and operating prccedztres sb~l not relieve the Industrial User fr~n the responsibility to n~4~y PAGE 10 the User's facility as necessary to meet the rec~,~rem~nts of this ordinance o Be In the case of an accidental discharge, it is the responsibility of the User to in~e~m~ly noti~ the Program A~ministrator and Plant operator of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. Written Notice: Within five (5) days follc~ing an accidental discharge the User shall suhnit to the Authority a detailed written report describing the cause of the discharge and the me~___-~ures to be taken by the User to prevent similar future occurrences. Such notification sba] 1 not relieve the User of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the User of any fines, civil penalties, or other liabilities which may be imposed by this ordinance or other applicable law. Notices to Employees: A notice sb~]l be posted on the User's bulletin board or other pr~ninent place advising employees whcm to call in the event of an accidental discharge. Employers sba] 1 insure that all employees who may cause such an accidental discharge to occur are advised of the emergency notification procedure. National Categorical Pretreatment Stam~mrds shall be in a~4~tion to Prohibited Discharge Stmnamrds cited in Section 2.1 of this ordinance. Be Upon the prcm~lgation of the Federal Categorical Pretreatment Standards for a particular industrial category, the Federal StamH~rd, if more stringent than limitations imposed um~_er this Part for sources in that category, shall immmiiatel¥ supersede the_l_imitations imposed under this article. The A~ninistrator shall notify all affected Users of Ge applicable reporting rec~,~rements of 40 CFR. Where specific prohibitions or limits on pollutants or pollutant parameters are developed by the Authority in accordance with Prohibited Discharge Sta_n~rds (2.1), such limits sb~l l be deemed pretreatment star~ards for the purposes of the Act. 2.4 SPECIFIC It shall be unlawful for any User to discharge wast. water cont~ning in excess of: 1000 1000 rog/1 * mg/1 100 rog/1 BOD TDS Grease & Oil as petroleum hydrocarbons PAGE 11 40oc. Temperature pH within 6.5 to 11.0 pH units 0.4 mg/1 Arsenic 0.01 m~/1 C~_~mium 0.6 mg/1 Copper 0.1 mg/1 Cyanide 0.4 mg/1 Lead 0.0~ ~/~ Mercu~ 0.9 mg/1 .Nickel 1.0 mg/1 Silver 4.0 rog/1 Total Chromium 1.0 rog/1 Zinc * _NOT~__~: A ~D6 limit to oc~pl¥ with ~_-h- STP's TDS effluent limit 1.0 mg/1 Phenolic c~unds Trace m~/1 total identifiable chlorinated hydrocarbons. Trace mg/1 toxic organic c~pounds (priority pollutants as defined by the EPA. Concentrations apply at the point where the industrial waste is discharged to the POTW. All concentrations for metallic substances are for "total" metals unless i~4~cated otherwise. The Administrator may impose mass ] ~mitations in ~tion to or in place of the concentration based 1 ~WL~' rations above. State requirements and limitations on dis=barges s~!l apply in any case where they are more stringent than Federal re~,{rements or limitations in this or~{nance. A M~mber Agency's re~{re~ents and limitations on discharges shall apply in any case within the territorial jurisdiction of the Member Agency where they are more stringent than Federal rec~rements or limitations in this ordinance. S~IC~ 2.6 PJJ~~'S RI~ ~ The Authority reserves the right to establish by ordinance more stringent limita~ons or re~reu~nts on discharges to the wastewater disposal system. It shall be unlawful for any User to increa-~e the use of process water or, in any way, attempt to d~]ute a discharge as a partial or ccmplete substitute for adequate treatment to achieve cc~pliance with the limitations cont~ned in the Federal National Pretreatment Sta~4a~ds, or in any other pollutant-specific limitation developed by the city or state. SEC~I~ 2.8 DISC~%RGE TO NATURAL OU~RTS It sh~]l be unlawful to discharge to any'~-0~tlet any sanitary sewage, ir~,~trial wastes, petroleum products, coal tar, or any refuse frcm any PAGE 12 Any person who di.~charges rainwater frc~ cc~mercial/industrlal properties to stonu drains, streets, and natural outlets, which discharged rainwater contains pollutants that may impact receiving waters such as streams, creeks, rivers, and/or aquifers of the state, shall r~move such pollutants by best manage~nt practices. SECTICN 2.10 HGLDII~ TANK It shall be unlawful for any User to discharge holding tank waste into a sanitary sewer without prior written approval of the Authority. Unless otherwise provided in an approval, a separate written approval must be secured for each separate discharge. Applications for holding tank discharge approvals shall state the specific location of the discharge, the time of day the discharge is to occur, the volume of the discharge and the wastewater constituents and characteristics of the discharge. If approval is granted for the discharge of such waste into a sanitary sewer, the User sb~ll pay the applicable User charges and fees and sb~l 1 meet such other conditions as re~,~red by the Authority. SECTIC~ 2.11 YmSl{ RACK No person c~ning or operating a private or public autc~obile wash rack pemmit any water or effluent therefrc~ to flow into any sanitary sewer unless such wash rack is roofed over and is equipped with a sand-oil interceptor approved by the A~dnls~ator or his designee. It sh~ll be unlawful for any person to discharge water from swinudng pools, whether public or private, into a stonu sewer or gutter. All swimuing pool water shall be discharged into a sanitary sewer and only upon issuance of a pezmit by the Authority,~ payment of the applicable User charges and fees, and satisfaction of such other conditions as are re~so~ly re~,{ red by the Authority. ao Be Ce Any business or establishment such as, but not limited to restaurants, bakeries, donut shops, takeout, drive-in eating establishments, ice cream or milk drive-in stations, hospitals, hotels, markets, recreation or reception halls, etc., where any grease or other objectionable materials may be discharged into a public or private sewage m~{n or disposal system, sba] 1 have a grease interceptor. Interceptors shall be constructed in accoD4ance with app~le Each grease interceptor shall be so installed and connected that it sba] 1 be at all ~ easily accessible for inspection, cleaning and removal of the intercepted grease. Proper installation of the grease PAGE 13 interceptor sb~ 1 meet the Plumbing Code and the approval of the Administrator. D. Each business est_~_blishment for which a grease interceptor is required shall have an interceptor, which sba] 1 serve only that business establishment. E. ~]~ngs remodeled to acccml~odate uses recovering interceptors shall be subject to these regulations. F. Waste discharge from fixtures and equipment in the above mentioned types of est~_blishments which may contain grea-~e or other objectior~hle materials, including, but not limited to, scullery sinks, pot and pan sinks, dishwashers, soup kettles, etc. and floor dra~ ns located in areas where such objectionable mteri~ls my exist, may be drained into the sanitary sewer through the interceptor only after approval by the Administrator. Exception: Toilets, urir~ls, and other fixtures containing fecal material may not flow through the interceptor. G. Interceptors shall be m~n~a~ned in efficient operating coDd~tion by periodic removal of the accumulated grease. No such collected grease sba11 be introduced into any drainage piping or public or private sewer. H. Abandoned grease interceptors shall be emptied and filled as recovered for abandoned septic tanks in the Uniform Plumbing Code. S~IC~ 3 The Authority Manager is hereby authorized to establish any rules and rec3~]ations necessary or .a~r. opriate for the enf.o~t of~this~l~, and may delegate and ap~' __~,~loyees of the Aut~orlty ~or . ~gencies to act on his beb~l f. Sl!X/~ 3.2 ~ DISCHARG~ ~ It shall be unlawful for any User to connect or to discharge into a sanitary se~r without first obtaining a Wastewater Discharge Permit frc~ the Authority. ® Permit Application. Users re~!ired to obtain a Wastewa~ Discharge Permit shall ccmplete and file an application with the Authority within 15 days of a notice to apply. Proposed new Users shall apply 90 days prior to actna] connection to the system. e The Authority will evaluate the data furnis~rd~e~User and may re~,ire a~itio~l information. After evaluation and ac~ of the data furnished, the Authority may issue a Wastewa'ter DiscJ~rge Permit subject to terms and conditions provided herein. PAGE 14 e 0 Penmit Duration. Permits may be issued for a maxinum period of five years. A penmit may be issued for a period less than five years or may be stated to expire on a specific date. Any User wishing to continue its discharge shall apply for permit reissuance a ~ of 60 days prior to the expiration of the User's existing penmit. The terms and conditions of the pezmit may be subject to modification by the Authority during the term of the peri, it as limitations or re~,~rements are identified, circumstances or laws change, or other just cause exists. The User sha] 1 be infonmed of any proposed changes to a penmit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time sch~,~]e for compliance. Permit Transfer. Wastewater Discharge Permits are issued to a specific User for a specific operation. A Wastewater Discharge Permit shall not be reassigned, transferred to or sold to a new owner, new User, d~fferent premises, or a new or changed operation without the approval of the Authority. Any succeeding owner or User shall also ccmply with the tenms and conditions of the existing penmit until a new permit is issued o 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 Authority or its Member Agencies. Pemmits may contain the following: ae The unit charge or schedule of User charges and fees for the waste water to be discharged to a public sewer; Be Limits on the average and max~ waste water constituents and characteristics; Ce L~mits on the average and maxin~m rate and time of discharge or re~4rements for flew regulations and e~,a]~zation; De Re~4r~ts for installation and m~{ntenance of inspection and sampling facilities; Ee Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and sta~4ards for tests and reporting schedules; F. Compliance schedules; If ~{tional pretreatment and/or operations and ma{ntenance are recf, 4 red to meet the pretreatment star~rds, the Wastewater Discharge Permit shall re~,~re the User to follow a sche~,le to provide w_ch ~tltioDal pretreatment at the earliest possible date. The ccupletion date in this schedule sba1] not be later than the ccmpl~ date established for the applicable PAGE 15 pretreatment staDHard. The following coD~tions shall apply to this schedule: (i) The User shall prepare and suhnit at its expense a proposed schedule for inclusion in the permit. The Authority sba11 review and refine such schedule at the User's expense. The schedule shall conta/n perfonm~nce star~ards in the fonn of dates for the cc~zencement and cc~pletion in the shortest time of major events, leading to the construction and operation of a~4~tional pretreatment that may be re~,~red for the User to n~et applicable pretreatment sta~4ards (e.g., hiring an engineer, cc~pleting prelimiDary plans, c~,pleting final plans, executing contract for major cc~ponents, cc~mencing construction, cc~pleting construction, etc. ). ( ~ q ~ ) No increment referred to in paragraph (ii) shall exceed nine (9) months. (iv) Not later than fourteen (14) days follc~ing each perfozmance standard date and the final date for cc~pl/ance, the User shall suhnit a progress report to the Program ~istrator including, at m/nimum, whether or not it cc~plied with the per~o~e standard, the reason for delay, and the steps being taken by the User to return to the schedule established. (v) Failure to satisfy any perfonmance stauH~ or the finial date for cc~pliance sba] 1 constitute a material violation of the Wastewater Discharge Permit. Ge Rec~,{re~_nts for ~,~ission of technical reports or discharge reports; ......... Re~{r~ts for notifying the Authority of any new ~troduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced to the Plant. I. Re~,~r~ts for notifying the Authority of slug discharges; Other conditions as deemed appropriate by the Authority to ensure cut¥1iance with this ora~nance. Ccmpl~ date report. Within ninety (90) days following the date for final cc~pliance with applicable pretreatment sta~4ards or, in the case of a new source, following c~,,,encement of the introductio~ of waste water PAGE 16 into the sanitary sewer system any User subject to pretreatment star~ards and rec~Hrements shall suk~it to the Administrator a Baseline Monitoring Report stating the follc~ing: the nature and concentration of all pollutants in the discharge frc~ the regulated process which are limited by pretreatment the average and maximum da~ ]y flow for the regulated process which is limited by pretreatment stauHards and rec~Hrements; Ce the average and maximum daily flow for these process units in the User facility which are limited by such pretreatment standards or rec~ ~ ~ rements; De whether the applicable pretreatment star~_~srds or rec~Hrements are being met on a consistent basis and, if not, what s~4~tional operation and maintenance and/or pretreatment is necessary to bring the User into cc~pliance with the applicable pretreatment star~rds or re~Hrements. The Baseline Monitoring Report and all other reports to be suhnitted under 40 CFR Section 403.12 shall be signed by an authorized representative of the I_n~l~u~trial User, and certified to by a ~,al ified professional. S~C~I(~ 4.2 PERIODIC ae Be Any User subject to a pretreatment star~rd, after the cc~pliance date of such pretreatment st~x~ or, in the case of a source, after ~ of the discharge into the sanitary sewer system, shall suhnit to the Administrator during the months of June and Dece~er, unless re~Hred more frequently by the Administrator, a periodic cc~pl/ance report indicating the nature and concentratio~ of pollutants_in the._effluent ~nich are l~mited . by such pretreatment star~rds. The periodic cc~pliance report shall include a record of all aa{ly flows which during the reporting period exceeded the average a~{ly flow. Ce De At the discretion of the Administrator and in consideration of w_ch factors as local high or iow flow rates, holidays, budget cycles, etc., the ~'strator may agree to alter the months during which the above reports are to be suhnitted. The Ad/~i~/strator may impose mass limitations on Users where the imposition of mass limitations is appropriate. In such cases, the report re, Hr ed by subparagraph (A) of this section sba] l im4{cate the mass of pollutants regulated by pretreatment star~ards in the effluent of the User. These reports sba] 1 contain the results of sampling and analysis of the discharge, PAGE 17 Ee and mass where requested by the Administrator of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring sb~l 1 be prescribed in the applicable pretreatment staDa~rd. All analysis sha l 1 be performed in accordance with procedures established by the Program Admin~s' trator pur~3_~ut to Section 304(g) of the Act and contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by the Program ~ministrator. Resampling shall be performed in accordance with the techniques approved by the Program AdmLnistrator. Fe Where 40 CFR, Part 136, does not incl~de a 'sampling or aDalytical technique for the pollutant in question, sampling and aDalysis shall be perfon~ed in accordance with the procedures set forth in the EPA publication, "Sampling and ADalysis 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 Program Administrator. 4.3 The Authority may recreate, at the User's expense, a sewer test manhole or other monitoring facilities to allow inspection, sampling, and flow measurement of a k~,~]ding sewer and/or internal dra{nage systems. The monitoring facility should normally be situated on the User's premises, but the Authority may, when such a location would be impractical or cause undue hardship on the User, allow the facility to be constructed in the public street or sidewalk area and located so that it may not be obstructed by landscaping or parked vehicles. There shall be ample roc~ in or near such sampling manhole or facility to ~llow accurate sampling and pre_~D~r~__ti_on of samples for a~lysis. The fac(l~ty, sampling and measuring equipment shall be ~(ntained at all times in a safe and proper operating coDa(tion at the expense of the User. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Authority's rec~,~rements and all applicable local construction starry-ds and specifications. Construction shall be cc~pleted within 90 days following written notification by the Authority, unless otherwise allowed. The Authority shall inspect the facilities of any User to ascertain whether the purpose of this ordinance is being met and all re~,(rements are being or discharged sbal 1 allow tb~ Authority ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the perfozmance of any of its duties. The Authority, Approval Authority and EPA shal 1 have the right to set up on the PAGE 18 User's property such devices as are necessary to conduct sampling, inspection, cc~pliance monitoring and/or metering operations. Where a User ba.~ security measures in force which would re~,ire proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that upon presentation of suit~_ble identification, personnel frc~ the Authority, Approval Authority and EPA will be penmitted to enter, without delay, for the purpose of performing their specific responsibilities. SECTI~ 4.5 ~ FAC~.TTIES Users shall provide all wastewater pretreatment facilities re~,ired to ccmply with this oralnance and shall achieve cc~pliance with all Federal Categorical Pretreatment Star~srds within the time limitations as specified by the Federal Pretreatment Regulations. Facilities re~,ired to pretreat wastewater to a level acceptable to the Authority sba1 1 be provided, operated and n~intsined at the User's expense. De~siled plans shc~ing the pretreatment facilities and operating procedures sba11 be suhu[tted to the Authority for review, and sba11 be acceptable to the Authority before construction of the facility. The review of such plans and operating procedures will in no way relieve the User fr~n the responsibility of modifying the facility as necessary to produce an effluent accepts_hie to the Authority 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 Authority prior to the User's initiation of the changes. The User shall retain all records relating to ccmpliance with Pretreatment Sta~4a~ds and make them available to officials of the EPA or Approval authority upon request. SECTZClq 4.6 ~~L~T.TTY ae Infozmation and data on a User obtained frc~ reports, questionDalres, permit applications, permits and monitoring programs and from inspections sba11 be ava l ]able to the public or other govermnental agency without restriction, unless the User specifically requests and is able to demonstrate to the satisfaction of the Authority that the release of such information would divulge infoI~ation, processes or methods of production entitled to protection as trade secrets of the User. Be When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes sha] 1 not be made available for inspection by the public, but shall be ma~e av~i ]able upon written request to govez-~.,~ntal agencies for uses related to this chapter, the Natior~] Pollutant Discharge Elimination System (NPDES) Pezmit, state disposal system penmit and/or the pretreatment program; provided, however, that such portions of a report shall be av~i ]~ble for use by the state or any state agency in judicial review or enforcement procee~i~s involving the person furnishing the report. Wastewater PAGE 19 constituents and characteristics will not be recognized as confidenti ~! infonnation. Co Information accepted by the Authority as confidential shall not be transmitted to any gov~tal agency or to the general public by the Authority unless a ten-day notification is given to the User. S~CTI~ 4.7 R~0~DS RETENTI~ All Industrial Users shall retain for a mininum of three (3) years any records of monitoring activities and results (whether or not such monitoring activities are rec~,ired by the Authority) and shall make such records avai 1able for inspection and copying by the Authority. This period of retention shall be extended during the course of any unresolved litigation regarding the Industrial User or when requested by the Authority. SEC~I~ 5 l~l~I(l~ S. 1 VI(IATI~--N~IICI Whenever the Authority fiDd-~ that any person is acting in violation of any provision of this ordinance, or of any permit issued hereunder, the Authority shall serve upon the person causing such violation, incl,~dlng the permittee, if a permit has been issued, a notice of violation. This notice shall state the act or acts constituting the violation and sba] 1 direct that the violation be corrected within such time, to be specified in the notice, as the Authority my deem reasomahle. A person who has been so notified shall cease all such acts within the time so specified and shall not resm~ them until the Authority detemmines that all of the violations charged in the notice have been corrected. 5.2 VIO~V_TI~--MANNER ~F GIVIN~ NO~ICE ae Any notice or order rec~,ired to be _~_ven__- under the te~ms of thi~ ordinance, inclnding a notice of violation, a notice of hearing, a cease and desist order, or an administrative ccmplalnt, sha].l be in writing, and may be served by any one of the following methods: In the manner provided for in the California Code of Civil Procedure for service of process; e By certified mail with return receipt, sent to the last address given to the Authority; 3. By handdelivery. When the Authority finds that a discharge of wastewater b~.~ been taking place in violation of problhition or limitations prescribed in this ordinance, or wastewater source control re~,iren~ts, effluent limitations or pretreatment standards, or the provisiorm of a Wastewater Discharge PAGE 20 Pennit, the Authority may rec~,~re the User to submit for approval, with such modifications as it deems necessary, a detailed cc~pliance time schedule of specific actions which the User shall take in order to prevent or correct a violation of rec~,irements. Preparation and Authority review of the schedule shall be at the User's sole expense. 5.4 CEASE AND DESIST ~DER The Administrator may issue a Cease and Desist Order to any person found to be in violation of provisions of this ordinance, or of their Wast, water Discharge Permit, or as a preventative action in the event of a threatened violation. The A~ninistrator may include a time schedule for ccmpl/ance with the Cease and Desist Order. S~CTI~ 5.5 AI~INI~ FINES The Authority may issue and serve an administrative ccmpla~nt on any person who violates any provision of this ordinance, a wast.water discharge permit, or order issued hereunder, or any other pretreatment standard or re~,~rement. The cc~plaint sb~ll allege the act or failure to act that constitutes each violation, the provisions of law authorizing the imposition of an aw~tnistrative penalty, and the proposed penalty. The c~la{nt sba] 1 infozm the person named of the time and place that a hearing shall be held on the allegations of the ccmplaint, and that the person may elect to waive this hearing. Within 60 days after the person has been served, the Dx~ini~ator shall hold a not~ced public hearing, at which the Authority and the person may each present information relevant to the allegations of the c~L~laint. Formal rules of evidence shall not apply to this hearing. The person named in the cuL~l~nt may waive the right to a hearing by serving a written waiver on the A~ninistrator prior to or at the time of the hearing. If the right to a hearing is waived, no hearing shall be held. C® Whether or not a hearing is held, the Administrator shall issue and serve on the person named in the ccmplm~ nt, and on any person who appeared at the hearing, if any, and requested a copy, a written Decision and Order. The Decision and Order shall be issued within 15 working days after: 1. The date the Administrator is served with a waiver of hearing if no hearing is held; or 2. The date the hearing is concluded, if a hearing is held. De The person named in the cc~plaint may appeal the A~mlnlstrator's Decision and Order to the Authority Board by delivering a written notice of appeal, accompanied by full payment of any per,.'~lties assessed in the Decision and Order, to the Clerk of the Authority Board within 30 days of service of the Decision and Order. The PAGE 21 Ee F® Ge notice of appeal shal 1 set forth grouDd~ for appeal and reasons why the appeal should be granted. The payment shall be held by the Authority peDd~ng appeal. The Clerk shall intnediately forward a copy of the notice to the Administrator, who sba] 1 cc~pile the record of the Administrator's hearing for the Board's review. The Authority Board may issue an Order Denying Review or may hear the appeal. If it hears the appeal, it shall do so within 15 working days of receiving the notice of appeal. On appeal, the Authority Board shall review the record of the Administrator's hearing, if any, conduct an additional hearing at which fonaal rules of evidence shall not apply, and exercise its independent judgment on the matter. Within 15 working days after the appeal hearing is concl~ded, the Authority Board sba] 1 issue and serve on the person named in the cc~plaint, and on any person who appeared at the hearing and requested a copy, a Decision and Order on Appeal affirming, reversing, or modifying the Administrator's Decision and Order. The person named in the ccapla ~ nt my appeal the Authority Board' s detennination to the Superior Court by filing a petition for a writ of maDdate within 30 days follc~ing service of the Order Denying Review or the Decision and Order on Appeal, pursuant to California Governmant Code section 54740.6. Administrative penalties which may be imposed by the Administrator, or the Authority Board on appeal, are as follows: Au amount not to exceed two thousand dollars ($2,000) for each day for fa{ 1 ing or refusing to furnish technical or monitoring reports. e Au amount not to exceed three thousand dollars ($3,000) for each day for fa{ ling or refusing to timely ccmply with any ~mpliance schedule e_stab_ ' .lished by the local agency. e An amount not to exceed five thousand dollars ($5,000) per violation for each day for discharges in violation of any waste discharge limitation, penait condition, or rec~,~r~nent issued, reissued, or adopted by the Authority. 0 An amount not to exceed ten dollars ($10) per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the Authority. In imposing penalties, the ~m/nistrator or Authority Boar~--~-o~ appeal may take into consideration all relevant circtuastances, including, but not limited to, the extent of harm caused by the violation, the econcm~c benefit derived through any nonccmp~, the nature and persistence of the violation, the length of time PAGE 22 over which the violation occurs, and corrective action, if any, taken or attempted by the person. Unless timely appealed, all Orders in this Section 5.5 becc~ae effective and final upon issuance, and payment of penalties shall be made within 30 days. Any pema]ties which r~mmln delinquent for 60 days shall constitute a lien against the real property of the person upon which the violations resulting in the penalty occurred. All penalties collected shall be deposited in a special account of the Authority and shall be made aval]able for the monitoring, treatment, and control of discharges into the ~ or for other mitigation measures. No pa~lties shall be recoverable under this section 5.5 for any violation for which civil liability is recovered in the courts. Notwithstanding the foregoing, the Authority may, at its option, elect to petition the Superior Court to confirm any Order establishing penalties under this section 5.5 and to enter judgment in confonmity therewith in accordance with sections 1285 to 1287.6 of the California Code of Civil Je This section 5.5 establishes an alternative procedure for enforcement of this ora~nance and shall not be deemed to limit any other legal remedies available to the Authority. 5.6 ~ SUMP~SIC~ OR REVOCATI~ OF PERMIT ae When a violation hereof creates conditions that necessitate an imnediate cessation of operation because of extraordln~ry c~s, persistent nonc..~pliance, or an i~ninent threat to public health and safety, the Administrator may suspend or revoke the pezmit and serve written u~tice of such suspension or revocation on the pexmittee. The Administra~ may also suspend or revoke a permit if an objectio~hle condition listed in a notice of correction is not corrected within the time stipulated. Be A person whose permit has been suspended or revoked, as provided for herein, sba] 1 in~ediately discontinue the deposit or discharge of industrial waste, sewage or effluent and shall not resume such deposit or ~e until the permit bm-~ been reinstated or a new permit ba.~ been issued. The pezmittee may appeal the Admin~_strator's decision to the Authority Manager within ten (10) working days after the notice is issued. The appeal shall be in writing and shall state the grounds for the appeal. S~C~ 5.7 ~EP~SAL, Dll~(~li'I~ql.~%l~ OR ~[II~%WI(I~I OF Si!IRVICE A® The Authority my refuse to furnish sanitary sewer service and my discontinue or terminate such service to any premises where the ~ministrator finds that: PAGE 23 1. discharge frau such premises is detriu~_ntal or injurious to the sanitary sewer syst~u or to other premises or; 2. a negligent or wasteful use of water exists at any premises which adversely affects the sanitary sewer syst~u or; discharge frcm such premises causes a condition of contamination, pollution, or creates a threat to the public health and safety. B® Service to a premises shall be discontinued or terminated by the Administrator only with the prior approval of the Authority Manager and after service on the person affected of written notification of the action and the reasons therefor. Any person aggrieved by the ~ministrator's decision my appeal to the Authority Manager within ten (10) working days after the decision is issued. The appeal shall be in writing and sh~ll state the grounds for the appeal. AND APPEALS ae Any User, permit applicant, or permit holder affected by a decision, action, interpretation, or detenuination other than an Order under Section 5.5 or a decision under Sections 5.6 and 5.7 made or taken pursuant to this ordinance or to any permit issued hereunder, may file with the ~ninistrator a written request for reconsideration within ten (10) working days of such decision, action, interpretation, or determination, setting forth in detA{] the facts supporting the User's request for reconsideration. The D~ministrator shall respond in writing within five (5) working days. Any person aggrieved by the response of _the ~6/uistrator may appeal to the Authority Manager within ten (10) working days after the decision is issued. The appeal shall be in writing and shall state the grounds for the appeal. 5.9 BEARI~S BY AI.{'~~ IvlAN;KIER The Authority Manager shall cause a hearing to be held: Upon tiu~ly appeal of the s~,,~ry suspension or revocation of a permit pursuant to Section 5.6. Upon timely appeal of the ~dministrator's decision to refuse, discontinue, tenuinate services tenuinate service pursuant to Section 5.7. Upon timely appeal frcm a response upon reconsideration by the Administrator pursuant to Section 5.8. PAGE 24 The Authority Manager shall hold the hearing within fifteen (15) working days follc~ing not-ice of the appeal. The applicant shall be given notice of said hearing at least five (5) working days prior to the hearing date. The time and place of the hearing shall be fixed in said notice. The Authority Manager sh~] 1 hear the penm~ttee or User and all witnesses together with any proper documentary evidence offered in support of or against the Administrator's decision. The Authority Manager shall issue a written decision within five (5) working days of the conclusion of the hearing upholding, modifying, or overruling the Administrator's decision. If, frc~ evidence, the Authority Manager fiDd-~ that substantial evidence exists to sustain the action of the Administrator, he/she shall oM_er the appropriate action. If it is determined that no substantial evidence exists for the action taken by the ~dnistrator, the Authority Manager shall overrule the decision of the Administrator. Any holder of a Wastewater Discharge Permit or any User aggrieved by the written decision of the Authority Manager pursuant to Sections 5.9 and 5.10 may appeal such decision to the Authority Board. An appeal to the Authority Board shall be mae by filing a written notice of appeal with the Clerk of the Board no later than ten (10) working days after the decision of the Authority Manager is issued. The not_i__ce sb~] l set forth grounds for appeal and the reasons why such appeal should be granted. Upon receipt of said petition the Clerk shall inmediately forward a copy to the Authority Manager, who shall cc~pile the record of the Manager's hearing for the Board' s review. The Authority Board sb~]l hear the appeal at its first ava~ ]able meeting following receipt of the notice of appeal. On appeal, the Board shall review the record of the Authority Manager's hearing, conduct an ~4{tional hearing of the issues raised by the grounds for appeal (at which formal rules of evidence shall not apply), and exercise its independent judgment on the matter. The Authority Board may reverse or afl{tm, wholly or in part, any decision, tennination or re~,~rement of the Authority Manager or impose such conditions as the facts warrant. The decision of the Authority Board shall be final. ~_~_ority sb~ll annually publish in a ~al(fied local newspaper a l(~t of the Users which were not in ccepliance with any pretreatment rec?~i~ts or standards at least Once ~ring the t~lve (12) previous months. The notification sb~l 1 also su~,erize any enforcement actions taken against the Users during the same twelve (12) nonths. PAGE 25 S~C~IC~ 5.14 IJ~4kL ACTI~ If any person discharges sewage, industrial waste or other wastes into the sanitary sewer system contrary to the provisions of this ord{nance, Federal or State Pretreatment Requirements, or any order of the Authority, the General Counsel of the Authority may cc~m~ce an action for appropriate legal and/or equitable relief in the Courts of this county. The General Counsel may also prosecute violations of stricter st_a_nda~ds imposed_by ordinances of any Member Agency, at that Member Agency's expense. Any User who is found to have violated an order of the Authority or who failed to cc~ply with any provision of this chapter and the orders, rules, rec~]ations and pemmits issued hereunder, shall be civilly 1 ~ able in a sum not to exceed twenty-five thousand dollars ($25,000) per day for each violation, pur~,ant to the standards and procedures of Gove~..,~nt Code section 54740. In add{tion to the penalties provided therein, the Authority may recover rea._~Dpahle attorney's fees, court costs, court reporter's fees and other expenses of litigation. Bo Any person violating any of the provisions of this chapter shall be liable to the Authority for any expense, loss or ~amage occasioned the Authority by reason of such violation. Ce The Authority shall have the right to seek injunctive relief for noncc~pliance by Industrial Users with any provision of this ordinance or any order, decision, action, interpretation or detemmination hereunder. D. These legal remedies are cumulative, not exclusive. Violation of any provision of this ordinance is a misdemeanor, and each day a violation occurs or continues shall constitut~ a se~ate offense. Each offense is punishable by a fine of not more that five hundred dollars ($500), confinement in jail for not more than six (6) months, or both. The types of charges for industrial use may include, but are not ] (mited to: a. Fees for pemmit application. b. Fees for monitoring, analytical laboratory services, inspections and surveillance. c. Surcharges for BOD, TSS, volume and other :discharge constituents. PAGE 26 ' d. Other fees as the Authority may deem necessary to carry out the requirements contained herein. RATES AND ~ FOR ~ICIPAL SEWER SERVICE Rates for municipal sewer service and charges for Industrial Users shall be as fixed by resolution of the legislative bodies of the M~mber Agencies, a copy of which shall be kept on file at the Office of the Clerk of the Board. The charges esteblished for the Industrial Users shall be based upon the measured or estimated constituents and characteristics of that User which my include, but not be limited to, BOD, COD, TSS, oil and grease and volume of the wastewater. S~C~I~6.3 For the purposes of establishing the value of BOD/TSS for a cc~ercial or ind~tr~ sewage, four or more representative samples shall be taken at reasonable intervals during the billing period. Those industrial or c~..erc/al establishments whose wastes are found to fall contin,,al ly within the same BOD/TSS limits will be checked only at the request of the owner of said establishment or at the discretion of the Administrator. The average (BOD/TSS) value of the waste as detexmined by such samples shall apply for the entire billing period during which such samples are taken. ae Mster Water Supply. User charges and fees shall be applied against the total amount of water used from all sources unless, in the opinion of the Member Agency, significant portions of water received are not discharged to a sanitary sewer. The total amount of water used frcm public and private sources will be determined by means of public meters or private meters installed and m~{nt~{ned at the expense of the User Be Metered Wastewater Volm~s and Metered Diversi~s. For Purposes of determinln' g other than flat rate charges as set forth by Council Resolution of any Member ~ency the volume of effluent discharged into the sanitary sewer and sewer service charge for such use shall be measured by an effluent meter installed at the User's expense and approved by the Program For Users where, in the opinion of the Member Agency, a significant portion of the water received frc~ any metered source does not flc~ into the sanitary 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 frc~ such premises into the sanitary sewer. Written notification and proof of the diversion of ~-atcr--~t be provided by the User if the U~r is to avoid the application of the User charges and fees against the total amount of water used from all sources. The User sha] 1 install a meter of a type and at a location approved by the Member Agency at the User's expense. Such meters may measure either the amount of sewage discharged or the PAGE 27 ~ Ce amount of water diverted. Such meters sh~] 1 be tested for accuracy at the expense of the User when deemed necessary by the Program Administrator. Estimated Wastewater Volm~s. 1. Users Without Source Meters. For Users where, in the opinion of the Member Agency, it is unnecessary or impractical to install meters, the quantity of wastewater my be based upon an estimate prepared by the Member Agency and shall be considered as conclusive. This estimate shall be based upon a ratiopml detennination of the wastewater discharged and my consider such factors as the number of fixtures, seating capacity, population equivalent, production of goods and services or ~_ch other determinations of water use necessary to estimate the wastewater volume discharged. e Users With Source Meters. For Users who, in the opinion of the Member Agency divert a significant portion of their flow frcm a sanitary sewer, the User charges may be based upon an estimate of the volume prepared by the User, provided the User obta/ns a Wastewater Discharge Permit and pays the applicable User charges and fees. The estimate n~st include the method and calculations used to detennine the wastewater volume and my consider such factors as the number of fixtures, seating capacity, population equivalents, prod~ction of goods and services, or ~_ch other determinants of water use necessary to estimate the wastewater volume discharge. S~C~IO~ C: Severability. If any section, subsection, subdivision, sentence, clause, phrase or word of this Ordinance is for any reason held to be ~-~-~- - unconstitutional by a court of cc~petent jurisdiction, such decision shall not affect the validity of the rema~' g portions of this Ordinance. The Authority hereby declares that it would have passed and adugted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared inva] id or unconstitutional. PAGE 28 ' (30) days from and after its adoption and approval. PASSED AND ADOPTED this__ day of follc~ing vote: AYES: NOES: ABSENT: This ordinance shall take effect and be in full force thirty , 1993 by the Doma]d F. Gage, Cba{rman Marilyn D. Silhanek, Secretary PAGE 29 ~ I' SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 93'21 is an original ordinance~ duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 25th day of October 19 93, 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 2nd 19 93 (Seal) day of November