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Ordinance 2000-14ORDINANCE NO. 2000-14 AN ORDINANCE OF THE CITY OF GILROY ADOPTING AN ORDINANCE OF THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY REPEALING AND ADDING SECTION 2.4 OF ORDINANCE 93-1, THE PRETREATMENT AND SEWER USE ORDINANCE, REGARDING LOCAL POLLUTANT LIMITS FOR WASTEWATER DISCHARGES BY INDUSTRIAL USERS, AND AMENDING SECTION 19.102(p) OF THE GILROY CITY CODE WHEREAS, the City of Gilroy and the City of Morgan Hill ("the Cities") by agreement of July 1, 1967, and subsequent amendments thereto have exercised joint powers to construct, operate, maintain and frame municipal wastewater treatment and disposal facilities; and WHEREAS, the Cities by joint exercise of powers agreement dated May 19, 1992, have delegated to the South County Regional Wastewater Authority ("SCRWA") broad powers to own, operate and maintain systems, plants, buildings, works and other facilities for the collection, treatment and disposal of sewage, waste and storm water, including wastewater treatment and disposal plants and works and facilities in connection therewith, and reclamation facilities ("Municipal Facilities'D; and WHEREAS, on May 8, 1992, the California Regional Water Quality Control Board - Central Coast Region ("Regional Water Quality Control Board') issued Order No. 92-20, entitled "Waste Discharge Requirements for the Cities of Gilroy and Morgan Hill Municipal Wastewater Facilities, Santa Clara County," authorizing the Cities to discharge wastes into the Municipal Facilities; and WHEREAS, on October 26, 1993, the Board of Directors of SCRWA ("the Authority") adopted Ordinance No. 93-1 entitled the "Pretreatment and Sewer Use Ordinance," which set forth in Section 2.4 specific local discharge pollutant limits ("local limits") applicable to discharges by industrial users into the wastewater system; and ~GMB~A94110'5 -1 - 02-101004706002 ORDINANCE NO. 2000-14 WHEREAS, on October 25, 1993, the City of Gilroy adopted Ordinance No. 93-21, thereby adopting the provisions thereof including Section 2.4, and amended Gilroy City Code Section 19.96 to add Section 19.96(b), declaring that all industrial users shall be regulated by the Authority and subject to SCRWA Ordinance 93-1, as it may be amended from time to time; and WHEREAS, Gilroy City Code Section 19.102(0 prohibits any person from discharging, or causing to be discharged, a variety of substances, including metals and chemical residues into the wastewater system; and WHEREAS, Gilroy City Code Section 19.102(p) prohibits a person from discharging, or causing to be discharged, wastewater containing substances in excess of certain defined local limits, but as currently drafted, the section does not make clear that its applicability is limited to industrial users; and WHEREAS, the United States Environmental Protection Agency ("U.S. EPA") has mandated under Federal Regulation 40 CFR 403.5 that Municipal Facilities authorized to discharge wastewater develop technically based local limits; and WHEREAS, SCRWA staff developed the proposed local limits in accordance with the Guidance Manual on the Development of Local Discharge Limits Under the Pretreatment Program as promulgated by the U.S. EPA; and WHEREAS, on April 24, 2000, the Regional Water Quality Control Board directed SCRWA to a publish a prescribed "Notice of Public Comment Period, Proposal to Modify Publicly Owned Treatment Works Pretreatment Program," which notified the public and public agencies of proposed action by SCRWA to revise the local limits for its pretreatxnent program to \GMB~A94110'5 -2- 02-101004706002 ORDINANCE NO. 2000-14 reflect the upgrade from primary to secondary treatment with reclamation at the wastewater facility; and WHEREAS, the Regional Water Quality Control Board held a public comment period commencing May 5, 2000, and ending on June 8, 2000; during which period no comments were received; and WHEREAS, on June 15, 2000, the Regional Water Quality Control Board approved the technical basis for S CRWA's proposed local limits in compliance with applicable sections of the Code of Federal Regulations and the Califomia Environmental Quality Act ("CEQA"); and WHEREAS, on September 26, 2000, the Authority adopted SCRWA Ordinance No. 2000-01, amending Section 2.4 of SCRWA Ordinance No. 93-1 and thereby revised the local limits applicable to discharges by industrial users; and WHEREAS, the Cities intend to adopt the revised local limits. 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 SCRWA Ordinance No. 2000-01 entitled "An Ordinance of the South County Regional Wastewater Authority Repealing and Adding Section 2.4 Regarding Local Limits of Ordinance 93-1, The Pretreatment and Sewer Use Ordinance", attached hereto as Exhibit A and incorporated herein by this reference as if set forth in full, including any and all penalty clauses that exist therein. IGMB~494110.5 -3 - 02-101004706002 ORDINANCE NO. 2000-14 SECTION II That the existing Section 19.102(p) and Subsection 19.102(p)(1) of the Gilroy City Code are hereby repealed in their entirety, and that a new Section 19.102(p) and Subsection 19.102(p)(1) are added to the Gilroy City Code to read as follows: 19.102(p) By an industrial user, as defined in Section 19.1 herein and regulated pursuant to SCRWA Ordinance 93-1 known as "The Pretreatment and Sewer Use Ordinance, " wastewater containing in excess of: 1000 mg/L BOD 1000 mg/L TSS 100 mg/L Grease & Oil as petroleum hydrocarbons 40 degrees C. Temperature 6.5 to 11.0 pH units pH 1.1 mg/L Arsenic 0.01 mg/L Cadmium 5.1 mg/L Total Chromium 1.8 mg/L Copper 1.8 mg/L Cyanide 1.6 mg/L Lead 0.03 mg/L Mercury 2.7 mg/L Nickel 4.2 mg/L Silver 1.4 mg/L Zinc Trace mg/L Total identifiable chlorinated hydrocarbons. Trace mg/L Toxic organic compounds (priority pollutants as defined by the EPA) All concentrations for metallic substances are for "total" metals unless indicated otherwise. 19.102(p)(1) Federal and State Requirements. Any apphcable Federal or State limitations on discharges shall apply in any case in which the Federal or State requirements or limits are more stringent than the requirements or limitations in this article. SECTION III The City Clerk of the City of Gilroy is hereby directed to publish, maintain copies of and make available to the public Ordinance 93-1 of the South County Regional Wastewater Authority known as The Pretreatment and Sewer Use Ordinance as it was amended by SCRWA ~GMBVI94110.5 -4- 02-1010C4706802 ORDINANCE NO. 2000-14 Ordinance 2000-01 which revised Section 2.4 setting local pollutant discharge limits applicable to industrial users. SECTION IV 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 jurisdiction, 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 ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid or tmconstitutional. SECTION V This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 6th day of November, 2000, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ARELLANO Q, ARELLANO P., MORALES, PINHEIRO, SUDOL, VELASCO, SPRINGER NONE NO}~E Rhonda Pellin, City Clerk APPROVED: Thomas W. Springer, M~9~or'~ / ~GMB~A94110.5 -5- 02-101004706002 ORDINANCE NO. 2000-14 I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2000-14 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 November, 2000, 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 5th day of January, 2001. City C~rk of the City of Gilroy (Seal)