Ordinance No. 1127103
ORDINANCE NO. 1127
AN ORDINANCE OF THE CITY COUNCIL 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 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 in 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 means any discharge to the Storm Drain System that is not
composed entirely of Stormwater Runoff except discharges made pursuant to a
National Pollutant Discharge Elimination System (NPDES) permit or as otherwise
authorized by the Regional Water Quality Control Board for the Santa Ana
Region.
NPDES Permit means an area -wide NPDES permit issued to a government
agency or agencies for the discharge of stormwater from a stormwater system,
and shall refer to NPDES Permit Number CAS618030 (Order No. R8- 2009 -0030)
or its successor, being fully incorporated by reference to the Cypress Water
Quality Code. Due to requirements set forth in the NPDES Permit changing from
time to time, said compliance with the NPDES Permit requires compliance with
the most recent NPDES Permit on file in the City Clerk's Office."
Section 2. Section 13 -28 (Penalties) of the Cypress Water Quality Code is
hereby amended to add the following sub - section, to read, in its entirety, as follows:
"(j) Owner Liability. The owner of any property, building or structure
within the City is responsible for keeping such property, building or structure free
of violations related to its use or condition. The owner of such property, building
or structure is separately liable for violations committed by tenants or occupants
relative to the use or condition of the property."
Section 3. Section 13 -29 (Permits) of the Cypress Water Quality Code is
hereby amended to add the following sub - sections, to read, in their entirety, as follows:
"(a)(1)(c): All facilities, that meet the threshold specified in Section IX
Municipal Inspection of Industrial Facilities and Section X Municipal Inspection of
Commercial Facilities of the NPDES Permit or its successor, shall file an
application and obtain a Storm Water Quality Discharge Permit from the City,
including but not limited to the following types of commercial and industrial
facilities:
(i) Transport, storage or transfer of pre - production plastic pellets;
(ii) Automobile mechanical repair, maintenance, fueling or cleaning;
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(iii) Airplane maintenance, fueling, or cleaning;
(iv) Marinas and boat maintenance, fueling or cleaning;
(v) Equipment repair, maintenance, fueling, or cleaning;
(vi) Automobile impound and storage facilities;
(vii) Pest control service facilities;
(viii) Eating or drinking establishments, including food markets and
restaurants;
(ix) Automobile impound and storage facilities;
(x) Building materials retail and storage facilities;
(xi) Portable sanitary service facilities;
(xii) Painting and coating;
(xiii) Animal facilities such as petting zoos and boarding and training
facilities;
(xiv) Nurseries and greenhouses;
(xv) Landscape and hardscape installation;
(xvi) Pool, lake and fountain cleaning;
(xvii) Golf courses;
(xviii) Other commercial sites /sources that are tributary to and within 500
feet of an area defined by Ocean Plan as an Area of Special
Biological Significance;
(xix) Any commercial sites or sources that are tributary to and within 500
feet of an area defined by the Ocean Plan as an Area of Special
Biological Significance;
(xx) Any industrial businesses subject to the California Statewide
General NPDES Permit for Storm Water Discharges Associated
with Industrial Activities, and other industrial and commercial
sites /sources that the City determines may contribute a significant
pollutant load to the Municipal Separate Storm Sewer System
(MS4) also referred to as the stormwater drainage system; and
(xxi) Any other facility that is required under by the NPDES Permit or its
successor.
(a)(4)(g): Implement source control and pollution prevention measures
that are consistent with the designated best management practices for industrial
and commercial facilities as identified in the NPDES Permit or its successor
including without limitation the following:
(i) 101 Airplane Maintenance & Repair;
(ii) IC2 Animal Handling Areas;
(iii) IC3 Building Maintenance;
(iv) IC4 Carpet Cleaning;
(v) IC5 Concrete & Asphalt Production, Application, & Cutting;
(vi) IC6 Contaminated or Erodible Surface Areas;
(vii) IC7 Landscape Maintenance;
(viii) IC8 Nurseries & Greenhouses;
(ix) IC9 Outdoor Drainage from Indoor Areas;
(x) IC10 Outdoor Loading /Unloading of Materials;
(xi) 1011 Outdoor Process Equipment Operations &
Maintenance;
(xii) IC12 Outdoor Storage of Raw Materials, Products, &
Containers;
(xiii) IC13 Over Water Activities;
(xiv) IC14 Painting, Finishing, & Coatings of Vehicles, Boats,
Buildings, & Equipment;
(xv) IC15 Parking & Storage Area Maintenance;
(xvi) IC16 Pool and Fountain Cleaning;
(xvii) IC17 Spill Prevention & Cleanup;
(xviii) IC18 Vehicle & Equipment Fueling;
(xix) IC19 Vehicle & Equipment Maintenance & Repair;
(xx) IC20 Vehicle & Equipment Washing & Steam Cleaning;
(xxi) IC21 Waste Handling & Disposal;
(xxii) IC22 Eating & Drinking Establishments;
(xxiii) IC23 Fire Sprinkler Testing /Maintenance; and
(xiv) IC24 Wastewater Disposal Guidelines.
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(a)(4)(h): Allowing access to the facility by inspection personnel during
business hours to inspect and audit the facility for compliance with the required
best management practices and for investigation of possible illicit discharges,
and the location at which any discharge could enter the stormwater drainage
system.
(a)(4)(i): Applicant shall prohibit or mitigate through appropriate control
measures, as determined by the Director of Public Works, the following types of
discharges:
(i) Sewage (also prohibited under the Statewide SSO order);
(ii) Wash water resulting from the hosing or cleaning of gas stations,
auto repair garages, and other types of automobile service stations;
(iii) Discharges resulting from the cleaning, repair, or maintenance of any
type of equipment, machinery, or facility, including motor vehicles,
concrete mixing equipment, portable toilet servicing, etc.;
(iv) Wash water from mobile auto detailing and washing, steam and
pressure cleaning, carpet/upholstery cleaning, pool cleaning and
other such mobile commercial and industrial activities;
(v) Water from cleaning of municipal, industrial, and commercial sites,
including parking Tots, streets, sidewalks, driveways, patios, plazas,
work yards and outdoor eating or drinking areas, etc.;
(vi) Runoff from material storage areas or uncovered receptacles that
contain chemicals, fuels, grease, oil, or other hazardous materials;
(vii) Discharges of runoff from the washing of toxic materials from paved
or unpaved areas;
(viii) Discharges of pool or fountain water containing chlorine, biocides, or
other chemicals; pool filter backwash containing debris and chlorine;
(ix) Pet waste, yard waste, litter, debris, sediment, etc.; and
(x) Restaurant or food processing facility wastes such as grease, floor
mat and trash bin wash water, food waste, etc.
(a)(4)(j): Any food service establishment facility shall have a program to
ensure the following areas are managed appropriately:
(i) Oil and grease disposal to verify that these wastes are not poured
onto a parking lot, or adjacent catch basin;
(ii) Trash bin areas to verify that these areas are clean, the bin lids are
closed, the bins are not filled with liquid and the bins have not been
washed out;
(iii) Parking lot, alley, sidewalk and street areas to verify that floor mats,
mops, filters and garbage containers are not washed in those areas
and that any water used for such purposes is not poured or otherwise
disposed of in those areas or discharged to the stormwater drainage
system;
(iv) Parking lot areas to verify that they are cleaned by sweeping, rather
than by hosing, and that the facility operator uses dry methods for
spill cleanup rather than hosing; and
(v) Inspection of existing devices designed to separate grease from
wastewater (e.g., grease traps or interceptors) to ensure adequate
capacity and proper maintenance is currently performed under the
Fats, Oils and Grease ( "FOG ") program."
Section 5. 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 6. This Ordinance shall be in full force and effect thirty (30) days after its
passage.
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Section 7. 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
13th day of June, 2011, and finally adopted :n •rde •osted at a regular meeting held on
the 27th day of June, 2011.
ATTEST:
MA OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE ) SS
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 27th day of June, 2011, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mills
CITY CLERK OF THE CITY OF CYPRESS