Ordinance No. 1129110
ORDINANCE NO. 1129
AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA,
AMENDING CHAPTER 13, ARTICLE IV, OF THE CYPRESS MUNICIPAL CODE,
ENTITLED CYPRESS WATER QUALITY
WHEREAS, the City of Cypress (the "City ") duly enacted on January 9, 1995,
Ordinance No. 933 which established various provisions and measures to facilitate the
City's residents and businesses to preserve and enhance water quality in the City;
WHEREAS, the City codified Ordinance No. 933 as Chapter 13, Article IV, of the
Cypress Municipal Code (which shall be cited hereinafter as the "Cypress Water Quality
Code "); and
WHEREAS, the City Council now deems it appropriate to amend the Cypress
Water Quality Code to ensure the future health, safety, and general welfare of the
citizens, as well as compliance with existing and future National Pollutant Discharge
Elimination System ( "NPDES ") Permits, which includes among other items various
inspection and enforcement requirements for controlling stormwater runoff resulting
from construction, development and other activities; and
WHEREAS, NPDES Permit Number CAS618030 (Order No. R8- 2009 -0030) is
the existing NPDES Permit applicable to the City, and to which this ordinance makes
reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 13 -21 (Definitions) of the Cypress Water Quality Code is
hereby amended to add the following definitions (in alphabetical order):
"Illegal Discharge" Any discharge to the storm drain system (includes without limitation
any streets, roads, drainage systems, gutters, curbs, catch basins, storm drains or other
drainage structures) that is not composed entirely of stormwater runoff (meaning
surface runoff and drainage associated with rainstorm events) except all discharges
identified in the NPDES Permit at Section III.3.i. Specifically, Section III.3.i. of the
NPDES Permit exempts the following discharges:
The discharges identified below need not be prohibited by the permittees unless such
discharges are identified either by the permittees or by the Executive Officer as a
significant source of pollutants.
a) Discharges composed entirely of storm water;
b) Air conditioning condensate;
c) Passive foundation drains;
d) Passive footing drains;
e) Water from crawl space pumps;
f) Non - commercial vehicle washing;
g) Dechlorinated swimming pool discharges (Cleaning wastewater and filter
backwash shall not be discharged to the MS4).
h) Diverted stream flows
i) Rising ground waters and natural springs
j) Ground water infiltration as defined in 40 CFR 35.2005 (20) and
uncontaminated pumped groundwater;
k) Flows from riparian habitats and wetlands;
I) Emergency fire fighting flows (i.e., flows necessary for the protection of life
and property) do not require BMPs and need not be prohibited. However,
where possible, when not interfering with health and safety issues, BMPs
should be implemented (also see Section XXI, Provision 5);
m) Waters not otherwise containing wastes as defined in California Water Code
Section 13050(d); and
n) Other types of discharges identified and recommended by the permittees and
approved by the Regional Board.
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Section 2. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Cypress hereby
declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions thereof may be
declared invalid or unconstitutional.
Section 3. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
Section 4. The City Clerk shall certify to the passage and adoption of this
Ordinance by the City Council of the City of Cypress and shall cause a summary of this
ordinance to be published in accordance with Government Code §36933.
FIRST READING at a regular meeting of the City Council of said City held on the
14th day of November, 2011, and finally adopted a • o =er posted - a regular meeting
held on the 28th day of November, 2011.
ATTEST:
J &ttW x(In
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR • THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held
on the 28th day of November, 2011, by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Bailey, Luebben, Narain, Seymore and Mills
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: Mills
CITY CLERK OF THE CITY OF CYPRESS