Ordinance No. 9333E7
ORDINANCE NO. 933
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REPEALING ARTICLE IV, CHAPTER 13, AND ADDING NEW ARTICLE IV
ESTABLISHING A WATER QUALITY ORDINANCE
SECTION 1. INTRODUCTION
The United States Congress passed the Clean Water Act [33 USC §1251 et sea, as
amended, including §402(p) therein] as a mandate, in part, that municipal storm sewer systems,
such as in Orange County, obtain permits to "effectively prohibit non -storm water discharges
into the storm sewers" and "require controls to reduce the discharge of pollutants to the
maximum extent practicable " This permitting authority has been delegated by the United
States Environmental Protection Agency ( "EPA ") to the State of California, which has
authorized the State Water Resources Control Board and its local regulatory agencies, the
Regional Water Quality Control Boards, to control non -point source discharges to California's
waterways.
The Santa Ana and San Diego Regional Water Quality Control Boards have addressed
the obligation to implement the Clean Water Act by issuing Waste Discharge Requirements for
the County of Orange, the Orange County Flood Control District and the Incorporated Cities of
Orange County Within the Santa Ana Regional Areawide Urban Stormwater Runoff Orange
County (the "Santa Ana Regional Board Permit ") and Waste Discharge Requirements for
Stormwater and Urban Runoff from the County of Orange, the Orange County Flood Control
District and the Incorporated Cities of Orange County Within the San Diego Region (the "San
Diego Regional Board Permit "). The Santa Ana Regional Board Permit and the San Diego
Regional Board Permit shall be referred to collectively herein as the "NPDES Permits".
The City of Cypress is participating as a "Copermittee" under the NPDES Permits in the
development and adoption of an ordinance to accomplish the requirements of the Clean Water
Act.
Storm water runoff is one step in the natural cycle of water. However, human activities,
such as agriculture, construction and the operation and maintenance of an urban infrastructure
may result in undesirable discharges of pollutants and certain sediments, which accumulate in
local drainage channels and waterways and eventually are deposited in the waters of the United
States.
The purpose of this Ordinance is to participate in the improvement of water quality by
controlling the contribution of urban pollutants to storm water runoff, which enters the network
of storm drains throughout Orange County.
SECTION 2. RECITALS
WHEREAS, the City of Cypress is authorized by Article XI, §5 and §7 of the State
Constitution to exercise the police power of the State by adopting regulations promoting the
public health, public safety and general prosperity;
WHEREAS, the City of Cypress has determined that a legitimate local purpose is present
in complying with the provisions of the NPDES Permit;
WHEREAS, a reduction in storm water borne pollution will promote the public health
and protect the general welfare of the locality by reducing the level of artificial and naturally
occurring constituents, which may improve the quality of the waters in this region;
WHEREAS, the land use authority exercised by the City of Cypress pursuant to
California Government Code §65300 et sea, requires regional planning and the adoption of
policies protecting the environment through the imposition of reasonable conditions on the use
of land;
WHEREAS, this Ordinance conforms to the policies and goals of the General Plan,
pursuant to California Planning and Zoning Law, for the protection of the portions of watersheds
1
located within Orange County by implementing measures to control erosion and prevent the
pollution of streams and other waters;
WHEREAS, certain provisions of this Ordinance may be coordinated with the Local
Coastal Program for inclusion in Coastal Development Permits, pursuant to California Public
Resources Code §30607, as mitigation for the negative effects of grading, construction,
reconstruction, and changes to the intensity of use of land or water resources within the coastal
zone;
WHEREAS, the Subdivision Map Act, California Government Code §66411, authorizes
the City of Cypress to regulate and control the design and improvement of subdivided lands and
mitigate the burdens of proposed development by imposing reasonable conditions on map
approval;
WHEREAS, California Constitution Article XI, §7 and Government Code §38660
authorize the City to establish appropriate conditions for the issuance of building permits, which
require the installation of improvements reasonably related to the proposed use of property;
WHEREAS, Government Code §38771 authorizes the City to declare as public nuisances
undesirable acts which may injure health or cause interference with the comfortable enjoyment
of life or property and to provide for the abatement of the same;
WHEREAS, the NPDES Permit requires that the City of Cypress: (i) develop and
implement storm water management programs and implementation plans, (ii) enact legislation
and ordinances as necessary to ensure compliance with the storm water management programs
and implementation plans, (iii) pursue enforcement actions as necessary to ensure compliance
with storm water management programs and implementation plans, (iv) prohibit illicit and illegal
discharges from entering the storm water conveyance systems, subject only to specific
exceptions, (v) ensure adequate response to emergency situations, including spills, leaks, and
illicit or illegal discharges, and (vi) develop and require implementation of best management
practices to ensure that pollution is reduced to the maximum extent practicable;
WHEREAS, the City of Cypress may commence civil actions, pursuant to Federal Clean
Water Act §505(a), against any person or any governmental agency acting in violation of any
condition of the NPDES Permit;
WHEREAS, all industrial dischargers subject to the provisions of the State General
Industrial Storm Water Permit and General Construction Activity Storm Water Permit (referred
to collectively herein as the "State General Permits ") must comply with the lawful requirements
of the City of Cypress, which regulate discharges of storm water to the storm drain system
within its jurisdiction;
WHEREAS, all industrial dischargers subject to the provisions of the State General
Permits are required to maintain Storm Water Pollution Prevention Plans on -site and make them
available to the City of Cypress for inspection;
WHEREAS, all dischargers subject to the provisions of the State General Construction
Activity Storm Water Permit may be required by the City of Cypress, with the concurrence of
the Santa Ana or San Diego Regional Water Boards, to amend any Storm Water Pollution
Prevention Plan;
WHEREAS, all industrial dischargers subject to the provisions of the State General
Industrial Storm Water Permit are required to maintain a description of the required monitoring
program on -site and make it available to the City of Cypress for inspection;
WHEREAS, the City of Cypress has jurisdiction over certain storm water facilities and
other watercourses within the City of Cypress, and the water discharges into these facilities may
be subject to the provisions of the State General Industrial Storm Water Permit; accordingly,
the City may certify (but is not required to certify) in writing that regulated dischargers have
developed and implemented effective Storm Water Pollution Prevention Plans and should not be
required to collect and analyze storm water samples for pollutants;
WHEREAS, the City of Cypress has jurisdiction over certain storm water facilities and
2
other watercourses within the City of Cypress, and these facilities may receive storm water
discharges from properties and activities regulated under the provisions of the State General
Permits, and City may request that the regulated dischargers furnish information and records
necessary to determine compliance with the State General Permits;
WHEREAS, the City of Cypress has jurisdiction over storm water facilities and other
watercourses within the City of Cypress, and these facilities may receive storm water discharges
from properties and activities regulated under the provisions of the State General Permits, and
City may, upon presentation of credentials and other documents required by law, (i) enter upon
the discharger's premises where a regulated facility is located of where records must be kept
under the conditions of the State General Permits, (ii) access and copy, at reasonable times, any
records that must be kept under the conditions of the State General Permits, (iii) inspect, at
reasonable times, any facility or equipment related to or impacting storm water discharge, and
(iv) sample or monitor for the purpose of ensuring compliance with the State General Permits;
WHEREAS, the enacting of this Ordinance is a condition of the NPDES Permit, the
requirements of which are exempt from the California Environmental Quality Act pursuant to
Public Resources Code § 21100, et sec ( "CEQA "); and
WHEREAS, this Ordinance is subject to CEQA categorical exemption classes 1 through
4, 6 through 9, 21 and 22, pursuant to the CEQA Guidelines, respectively, Title 14, California
Code of Regulations Sections 15301, 15302, 15303, 15304, 15306, 15307, 15308, 15309, 15321
and 15322.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 3. ORDINANCE
Chapter 13, Article IV, of the Code of the City of Cypress is hereby amended to read
as follows:
ARTICLE IV.
SECTION 13 -21
CYPRESS WATER QUALITY ORDINANCE
DEFINITIONS
A. "Authorized Inspector" shall mean the City Manager, and persons designated by and
under his /her instruction and supervision who are assigned to investigate compliance and
detect violations of this Ordinance.
B. "City" shall mean the City of Cypress, Orange County, California.
C. "Co- Permittee" shall mean Orange County, the Orange County Flood Control District
and /or any one of the thirty -one (31) municipalities, including the City of Cypress, which
are responsible for compliance with the terms of the NPDES Permit.
D. "DAMP" shall mean the Orange County Drainage Area Management Plan, as the same
may be amended from time to time.
E. "DEVELOPMENT PROJECT GUIDANCE" shall mean DAMP Chapter VII and the
Appendix thereto, entitled Best Management Practices for New Development Including
Non - Residential Construction Projects.
F. "Discharge" shall mean any release, spill, leak, pump, flow, escape, leaching (including
subsurface migration or groundwater contamination), dumping or disposal of any liquid,
semi -solid or solid substance.
G. "Discharge Exception" shall mean the group of activities not restricted or prohibited by
this Ordinance, including only:
Discharges composed entirely of storm water, discharges covered
under current EPA or Regional Water Quality Control Board
issued NPDES permits, or other waivers, permits or approvals
3
granted by an appropriate government agency, discharges to the
Storm Water Drainage System from potable water line flushing,
fire fighting activities, landscape irrigation systems, diverted
stream flows, rising groundwater, and de minimis groundwater
infiltration to the Storm Water Drainage System (from leaks in
joints or connections or cracks in water drainage pipes or
conveyance systems), discharges from potable water sources such
as passive foundation drains, air conditioning condensation and
other building roof runoff, agricultural irrigation water runoff,
water from crawl space pumps, passive footing drains, lawn
watering, non - commercial vehicle washing at residences, flows
from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and public street wash waters when related to cleaning
and maintenance by, or on behalf of, the City. The Discharge
Exception shall not include discharges resulting from active
groundwater dewatering systems.
H. "Domestic Sewage Exception" shall mean discharges which are exceptions to this
Ordinance and excluded from the definition of Prohibited Discharge, as defined herein,
including only:
Discharges composed entirely of accidental spills of untreated
sanitary wastes (commonly called domestic sewage) and other
wastes, but limited solely to wastes that are controlled by and are
within publicly owned wastewater treatment system collection
facilities immediately prior to the accidental spill.
"Enforcing Attorney" shall mean the City Attorney or District Attorney acting as counsel
to the City of Cypress and his /her designee, which counsel is authorized to take
enforcement action as described herein. For purposes of criminal prosecution, only the
District Attorney and /or City Attorney shall act as the Enforcing Attorney.
J. "EPA" shall mean the Environmental Protection Agency of the United States.
K. "Hearing Officer" shall mean the City Manager or his /her designee, who shall preside
at the administrative hearings authorized by this Ordinance and issue final decisions on
the matters raised therein.
L. "Invoice for Costs" shall mean the actual costs and expenses of the City, including but
not limited to administrative overhead, salaries and other expenses recoverable under
State law, incurred during any inspection conducted pursuant to Section 13 -24 of this
Ordinance, where a Notice of Non - Compliance, Administrative Compliance Order or
other enforcement option under Section 13 -25 of this Ordinance is utilized to obtain
compliance with this Ordinance.
M. "Illicit Connection" shall mean any man -made conveyance or drainage system, pipeline,
conduit, inlet or outlet, through which the Discharge of any Pollutant, wastewater or
process water to the Storm Water Drainage System occurs or may occur, whether
directly or indirectly. Indirect flow patterns constituting Illicit Connections shall include,
but are not limited to, flow patterns across one or more properties, whether public or
Private Property, prior to entry into the Storm Water Drainage System.
N. "Legal Nonconforming Connection" shall mean connections to the Storm Water Drainage
System existing as of the adoption of this Ordinance that were in compliance with all
Federal, State and local rules, regulations, statutes and administrative requirements in
effect at the time the connection was established, including but not limited to any
discharge permitted pursuant to the Industrial Waste Ordinance No. 703.
O. "New Development" shall mean all public and private residential (whether single family,
multi -unit or planned unit development), industrial, commercial, retail, and other non-
residential construction projects, or mass grading for future construction , for which
either a discretionary land use approval, grading permit, building permit or safety permit
is required.
37/
P. "NPDES Permit" shall mean the municipal discharge permit(s) issued by the Santa Ana
and /or San Diego Regional Water Quality Control Boards and entitled Waste Discharge
Requirements for the County of Orange, the Orange County Flood Control District and
the Incorporated Cities of Orange County Within the Santa Ana Region Storm Water
Runoff Management Program (Areawide Urban Stormwater Runoff) Orange County
Order No. 90 -71 (NPDES No. CA 8000180) (the "Santa Ana Regional Board Permit ")
and /or Waste Discharge Requirements for Storm Water and Urban Runoff from the
County of Orange, Orange County Flood Control District, and the Incorporated Cities
of Orange County Within the San Diego Region Storm Water Runoff Management
Program (Areawide Urban Storm Water Runoff), San Diego County Order No. 99 -38
(NPDES No. CA 0108740) (the "San Diego Regional Board Permit "). The Santa Ana
Regional Board NPDES Permit and /or the San Diego Regional Board NPDES Permit
shall be referred to collectively hereinafter as the "NPDES Permit ";
Q.
"Person" shall mean any natural person as well as any corporation, partnership,
government entity or subdivision, trust, estate, cooperative association, joint venture,
business entity or other similar entity, or the agent, employee or representative of any
of the above.
R. "Pollutant" shall mean any liquid, solid or semi -solid substances, or combination thereof,
including and not limited to:
1. Artificial materials, chips or pieces of natural or man -made materials (such as
floatable plastics, wood or metal shavings),
2. Household waste (such as trash, paper, plastics, lawn clippings and yard wastes,
animal fecal materials, excessive pesticides, herbicides and fertilizers, used oil
and fluids from vehicles, lawn mowers and other common household equipment),
3. Metals, such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non-
metals, such as phosphorus and arsenic.
4. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils,
solvents, coolants and grease),
5. Excessive eroded soils, sediment and particulate materials,
6. Animal wastes (such as Discharge from confinement facilities, kennels, pens and
recreational facilities, including stables, show facilities, or polo fields),
7. Substances having characteristics such as a pH less than 6.5 or greater than 8.5,
or unusual coloration or turbidity, or excessive levels of fecal coliform, fecal
streptococcus or enterococcus,
8. Waste materials and wastewater generated on construction sites and by
construction activities (such as painting, staining; use of sealants, glues, limes;
excessive pesticides, fertilizers or herbicides; use of wood preservatives and
solvents; disturbance of asbestos fibers, paint flakes or stucco fragments;
application of oils, lubricants, hydraulic, radiator or battery fluids; construction
equipment washing, concrete pouring and cleanup wash water or use of concrete
detergents; steam cleaning or sand blasting residues; use of chemical degreasing
or diluting agents; and super chlorinated water generated by potable water line
flushing),
9. Materials causing an increase in biochemical oxygen demand, chemical oxygen
demand or total organic carbon,
10. Materials which contain base /neutral or acid extractible organic compounds.
11. Those Pollutants defined in Section 1362(6) of the Federal Clean Water Act.
12. Any other constituent or material that may interfere with or adversely affect the
beneficial uses of the receiving waters, flora or fauna of the State.
37 L
The term "Pollutant" shall not include uncontaminated storm water, potable water or
reclaimed water generated by a lawfully permitted water treatment facility.
S. "Private Property" shall mean any real property location, irrespective of ownership,
which is not open to the general public.
T. "Prohibited Discharge" shall mean any Discharge, which is not composed entirely of
storm water or which contains any pollutant, from public or Private Property to: (i) the
Storm Water Drainage System; (ii) any upstream flow, which is tributary to the Storm
Water Drainage System: (iii) any groundwater, river, stream, creek, wash or dry
weather arroyo, wetlands area, march, coastal slough, or (iv) any coastal harbor, bay,
or the Pacific Ocean. The term Prohibited Discharge shall not include: (a) Discharges
occurring in compliance with the NPDES Permit, (b) Discharges occurring pursuant to
a State General Permit or other Regional Water Quality Control Board, State Water
Resources Control Board or U.S. Environmental Protection Agency issued NPDES
permit or permit waiver, (c) Discharges authorized pursuant to a permit issued under
Section 13 -29 hereof, (Discharges allowable under the Discharge Exception, or (e)
Discharges allowable under the Domestic Sewage Exception.
U. "Responsible Party" shall mean the Person(s) identified in and responsible for compliance
with the provisions of water quality management plan approved by the City planning
agency.
V . "Significant Redevelopment" shall mean the rehabilitation or reconstruction of public or
private residential (whether single family, multi -unit or planned unit development),
industrial, commercial, retail, or other non - residential structures, for which either
discretionary land use approval, grading permit, building permit or safety permit is
required.
W. "State General Permit" shall mean either the State General Industrial Storm Water Permit
or the State General Construction Permit and the terms and requirements of either or
both. In the event the U.S. Environmental Protection Agency revokes the in -lieu
permitting authority of the State Water Resources Control Board then the term State
General Permit shall also refer to any EPA administered storm water control program
for industrial and construction activities.
X. "Storm Water Drainage System" shall mean street gutter, channel, storm drain,
constructed drain,lined diversion structure, wash area, inlet, outlet or other facility,
which is a part of or tributary to the County -wide storm water runoff system and owned,
operated by Orange County, the Orange County Flood Control District or any Co-
Permittee City for the purpose of collecting, storing, transporting, or disposing of storm
water.
SECTION 13 -22 PROHIBITION ON ILLICIT CONNECTIONS AND
PROHIBITED DISCHARGES
A. No person shall:
1. Construct, maintain, operate and /or utilize any Illicit Connection.
2. Cause, allow or facilitate any Prohibited Discharge.
3. Act, cause, permit or suffer any agent, employee, or independent contractor, to
construct, maintain, operate or utilize any Illicit Connection, or cause, allow or
facilitate any Prohibited Discharge.
B. The prohibition against Illicit Connection shall apply irrespective of whether the Illicit
Connection was established prior to the date of enactment of this Ordinance; however,
Legal Nonconforming Connections shall not become Illicit Connections until the earlier
of the following:
1. For all structural improvements to property installed for the purpose of Discharge
to the Storm Water Conveyance System, the expiration of five (5) years from the
6
3 3
adoption of this Ordinance.
2. For all nonstructural improvements to property (including natural surface flow
patterns, depressions or channels traversing one or more properties) existing for
the purpose of Discharge to the Storm Water Conveyance System, the expiration
of six (6) months following delivery of a notice to the owner or occupant of the
property, which states a Legal Nonconforming Connection has been identified.
C. A civil or administrative violation of Section 13 -22, paragraph A, shall occur irrespective
of the negligence or intent of the violator to construct, maintain, operate or utilize an
Illicit Connection or to cause, allow or facilitate any Prohibited Discharge.
D. If an Authorized Inspector reasonably determines that a discharge, which is otherwise
within the Discharge Exception, may adversely affect the beneficial uses of receiving
waters, then the Authorized Inspector may give written notice to the owner of the
property or facility that the Discharge Exception shall not apply to the subject discharge
following expiration of the thirty (30) day period commencing upon delivery of the
notice. Upon expiration of the thirty (30) day period any such discharge shall constitute
a violation of Section 13 -22, paragraph A.
E. The owner of occupant of property on which a Legal Nonconforming Connection exists
may request an administrative hearing, pursuant to the procedures set forth in Sections
13 -26 for an extension of the period allowed for continued use of the connection. A
reasonable extension of use may be authorized by the City Manager upon consideration
of the following factors:
1. The potential adverse effects of the continued use of the connection upon the
beneficial uses of receiving waters;
2. The economic investment of the discharger in the Legal Nonconforming
Connection; and
3. The financial effect upon the discharger of a termination of the Legal
Nonconforming Connection.
SECTION 13 -23 CONTROL OF URBAN RUNOFF
A. New Development and Significant Redevelopment.
1. Beginning January 1, 1995 and continuing thereafter, all New Development and
Significant Redevelopment within the City of Cypress, shall be undertaken in
accordance with:
(i) A water quality management plan, which shall be prepared in
accordance with the Development Project Guidance; and
(ii) Any conditions and requirements established by the planning
agency, which are reasonably related to the reduction or
elimination of Pollutants in storm water runoff from the project
site.
2. Prior to the issuance by the City of a grading permit, building permit and /or
safety permit for any New Development or Significant Redevelopment, the
property owner shall submit to and obtain the approval of the planning agency of
a water quality management plan. If the New Development or Significant
Redevelopment will be approved without application for a grading permit,
building permit or safety permit, the property owner shall submit to and obtain
the approval of the planning agency of a water quality management plan prior to
the issuance of a discretionary land use approval or, at the City's discretion, prior
to recordation of a subdivision map.
3. Notwithstanding the foregoing Sections 13 -23, paragraph A.1, and 13 -23,
paragraph A.2, a water quality management plan shall not be required for
construction of a (one) single family detached residence unless the City planning
agency determines that the construction may result in the Discharge of significant
levels of a Pollutant into a tributary to the Storm Water Drainage System.
4. Compliance with the conditions and requirements of a water quality management
plan shall not exempt any Person from the requirement to independently comply
with each provision of this Ordinance.
5. If the City planning agency determines that the project will have a de minimis
impact on the quality of storm water runoff, then it may issue a written waiver
of the requirement for preparation and approval of a water quality management
plan.
6. Each water quality management plan shall name a Responsible Party for the
project.
7. The owner of a New Development or Significant Redevelopment project, their
successors and assigns, and each named Responsible Party, shall implement and
adhere to the terms, conditions and requirements of the approved water quality
management plan.
(i) Each failure by the owner of the property, their successors or assigns, or
a named Responsible Party, to implement and adhere to the terms,
conditions and requirements of an approved water quality management
plan shall constitute a violation of this Ordinance.
8. The City planning agency may require that the water quality management plan be .
recorded with the County Recorder's office by the property owner. The signature
of the owner of the property, any successive owner or the named Responsible
Party shall be sufficient for the recording of the plan or any revised plan and a
signature on behalf of the City shall not be required for recordation.
B. Cost Recovery.
The costs and expenses of the City planning agency incurred in the review, approval, or
revision of any water quality management plan [or in the approval or revision of any
such plan] shall be assessed to the property owner or Responsible Party and shall be due
and payable to the City. The City planning agency may elect to require a deposit of
estimated costs and expenses, and the actual costs and expenses shall be deducted from
the deposit, and the balance, if any, refunded to the property owner of Responsible
Party.
SECTION 13 -24 INSPECTIONS
A. Scope of Inspections.
1. Right to Inspect. Prior to commencing any inspection as hereinbelow
authorized, the Authorized Inspector shall obtain either the consent of the owner
or occupant of the Private Property or shall obtain an administrative inspection
warrant or criminal search warrant.
2. Entry to Inspect. The Authorized Inspector may enter Private Property to
investigate the source of any Discharge to any public street, inlet, gutter, storm
drain or the Storm Water Drainage System located within the jurisdiction of the
City of Cypress.
3. Compliance Assessments. The Authorized Inspector may inspect Private
Property for the purpose of verifying compliance with this Ordinance, including
but not limited to (i) identifying products produced, processes conducted,
chemicals used and materials stored on or contained within the property, (ii)
identifying point(s) of discharge of all wastewater, process water systems and
Pollutants, (iii) investigating the natural slope at the location, including drainage
patterns and man -made conveyance systems, (iv) establishing the location of al
points of discharge from the Private Property, whether by surface runoff or
through a storm drain system, (v) locating any Illicit Connection or the source of
Prohibited Discharge, (vi) evaluating compliance with any construction or post -
construction water quality management plan, and (vii) evaluating compliance with
any permit issued pursuant to Section 13 -29 hereof, and (viii) investigating the
condition of any Legal Non - conforming Connection.
4. Portable Equipment. For purposes of verifying compliance with this
Ordinance, the Authorized Inspector may inspect any vehicle, truck, trailer, tank
truck or other mobile equipment.
5. Records Review. The Authorized Inspector may inspect all records of the
owner or occupant of Private Property relating to chemicals or processes
presently or previously occurring on -site, including material and /or chemical
inventories, facilities maps or schematics and diagrams, Material Safety Data
Sheets, hazardous waste manifests, business plans, pollution prevention plans,
State General Permits, Storm Water Pollution Prevention Plans, Monitoring
Program Plans and any other record(s) relating to Illicit Connections, Prohibited
Discharges, a Legal Nonconforming Connection or any other source of
contribution, or potential contribution of Pollutants to the Storm Water Drainage
System.
6. Sample & Test. The Authorized Inspector may inspect, sample and test any
area runoff, soils area (including groundwater testing), process discharge,
materials within any waste storage area (including any container contents), and /or
treatment system discharge for the purpose of determining the potential for
contribution of pollutants to the Storm Water Drainage System. The Authorized
Inspector may investigate the integrity of all storm drain and sanitary sewer
systems, any Legal Nonconforming Connection, or other pipelines on the
property using appropriate tests, including but not limited to smoke and dye tests
or video surveys. The Authorized Inspector may take photographs or video tape,
make measurements or drawings, and create any other record necessary to
document conditions on the property.
7. Monitoring. The Authorized Inspector may erect and maintain
monitoring devices for the purpose of measuring any discharge or potential source
of Discharge to the Storm Water Drainage System.
8. Test Results. The owner of occupant of property subject to inspection
shall, on submission of a written request, receive copies of all monitoring and test
results conducted by the Authorized Inspector.
SECTION 13 -25 ENFORCEMENT
A. Administrative Remedies.
1. Notice of Noncompliance. The Authorized Inspector may deliver to the owner
or occupant of any Private Property, or to any Person responsible for an Illicit
Connection or Prohibited Discharge, a Notice of Noncompliance listing the steps
necessary to correct the conditions on the property causing noncompliance with
the provisions of this Ordinance, any approved construction or post - construction
water quality management plan, or any permit issued pursuant to Section 13 -29
hereof.
(i)
The Notice of Noncompliance shall identify the provisions(s) of this
Ordinance, the applicable water quality management plan or permit which
has been violated. The Notice of Noncompliance shall state that continued
noncompliance may result in additional enforcement actions against the
owner, occupant and /or Person.
(ii) The Notice of Noncompliance shall state a compliance date that must be
met by the owner, occupant and /or Person; provided, however, that the
compliance date may not exceed ninety (90) days unless the Authorized
Inspector extends the compliance deadline an additional ninety (90) days
where good cause exists for the extension.
2. Administrative Compliance Orders.
(i)
The Authorized Inspector may issue an Administrative Compliance Order.
The Administrative Compliance Order shall be delivered in accordance
with Section 13 -25, paragraph A.5, of this Ordinance. The
Administrative Compliance Order may be issued to:
(a) The owner or occupant of any Private Property requiring
abatement of conditions on the property that cause or may cause
a Prohibited Discharge or an Illicit Connection in violation of this
Ordinance;
(b) The owner of Private Property or a Responsible Party subject to
the requirements of any water quality management plan to ensure
implementation of an adherence to the terms, conditions and
requirements of the plan;
(c) A permittee subject to the requirements of any permit issued
pursuant to Section 13 -29 hereof to ensure compliance with the
terms, conditions and requirements of the permit.
(d) Any Person responsible for an Illicit Connection or Prohibited
Discharge.
(ii) The Administrative Compliance Order may include the following terms
and requirements:
(a) Specific steps and time schedules for compliance as reasonably
necessary to prevent threatened or future unauthorized discharges,
including but not limited to the threat of a Prohibited Discharge
from any pond, pit, well, surface impoundment, holding or storage
area;
(b) Specific steps and time schedules for compliance as reasonably
necessary to discontinue any Illicit Connection;
(c) Specific requirements for containment, cleanup, removal, storage,
installation of overhead covering, or proper disposal of any
Pollutant having the potential to contact storm water runoff;
(d) Any other terms or requirements reasonably calculated to prevent
continued or threatened violations of this Ordinance, including, but
not limited to requirements for compliance with best management
practices guidance documents promulgated by any federal, State of
California or regional agency;
(e) Any other terms or requirements reasonably calculated to achieve
full compliance with the terms, conditions and requirements of any
water quality management plan, or permit issued pursuant hereto.
3. Cease and Desist Orders.
(i)
The Authorized Inspector may issue a Cease and Desist Order. A
Cease and Desist Order shall be delivered in accordance with
Section 13 -25, paragraph A.5, of this Ordinance. A Cease and
Desist Order may direct the owner or occupant of any Private
Property and /or other Person responsible for a violation of this
Ordinance to:
(a) Immediately discontinue any Illicit Connection, or
377
Prohibited Discharge to the Storm Water Drainage System;
(b) Immediately contain or divert any flow of water off the
property, where the flow is occurring in violation of any
provision of this Ordinance;
(c) Immediately discontinue any other violation of this
Ordinance.
(d) Clean up the area affected by the violation.
(ii) The Authorized Inspector may direct by Cease and Desist Order
that the owner of any Private Property, the Responsible Party
subject to the terms and conditions of any water quality
management plan, or any permittee under any permit issued
pursuant to Section 13 -27 hereof.
(a) Immediately cease any activity not in compliance with the
terms, conditions and requirements of the applicable water
quality management plan or permit.
4. Recovery of Costs. The Authorized Inspector may deliver to the
owner or occupant of any Private Property, any permittee or any
Responsible Party, or any other Person who becomes subject to a notice
of noncompliance or administrative order, an Invoice for Costs. An
Invoice for Costs shall be delivered in accordance with Section 13 -25,
paragraph A.5, of this Ordinance. An Invoice for Costs shall be
immediately due and payable to the City for the actual costs incurred by
the City in issuing and enforcing any notice or order.
(i) If any owner or occupant, permittee or Responsible Party, or any
other Person fails to either pay the Invoice for Costs or appeal
successfully the Invoice for Costs in accordance with Section 13 -26
then the Enforcing Attorney may institute collection proceedings.
5. Delivery of Notice. Any Notice of Noncompliance,
Administrative Compliance Order, Cease and Desist Order or Invoice of
Costs to be delivered pursuant to the requirements of this Ordinance shall
be subject to the following:
(i) The notice shall state that the recipient has a right to appeal the
matter as set forth in Sections 13 -26.
(ii) Delivery shall be deemed complete upon (a) personal service to the
recipient; (b) deposit in the U.S. mail, postage pre -paid for first
class delivery; or (c) facsimile service with confirmation of
receipt.
(iii) Where the recipient of notice is the owner of the property, the
address for notice shall be the address from the most recently
issued equalized assessment roll for the property or as otherwise
appears in the current records of the City.
(iv) Where the owner or occupant of any Private Property cannot be
located after the reasonable efforts of the Authorized Inspector, a
Notice of Noncompliance or Cease and Desist Order shall be
deemed delivered after posting on the property for a period of ten
(10) business days.
SECTION 13 -26 ADMINISTRATIVE HEARINGS
1. Administrative Hearing for Notices of Noncompliance, Administrative
Compliance Orders, Invoices for Costs and Adverse Determination.
Except as set forth in Section 13 -26, paragraph 3, any Person receiving
a Notice of Noncompliance, Administrative Compliance Order, a notice
of Legal Nonconforming Connection, an Invoice for Costs, or any Person
who is subject to any adverse determination made pursuant to this
Ordinance, may appeal the matter by requesting an administrative hearing.
2. Request for Administrative Hearing. Any person appealing a Notice
of Noncompliance, an Administrative Compliance Order, a notice of Legal
Nonconforming Connection, an Invoice for Costs or an adverse
determination shall, within thirty (30) days or receipt thereof, file a
written request for an administrative hearing, accompanied by an
administrative hearing fee as established by separate resolution, with the
Office of the City Clerk, with a copy of the request for administrative
hearing mailed on the date of filing to the City Manager. Thereafter, a
hearing on the matter shall be held before the Hearing Officer within
forty -five (45) business days of the date of filing of the written request
unless, in the reasonable discretion of the Hearing Officer and pursuant
to a written request by the appealing party, a continuance of the hearing
is granted.
3. Administrative Hearing for Cease and Desist Orders and Emergency
Abatement Actions. An administrative hearing on the issuance of a Cease
and Desist Order or following an emergency abatement action shall be
held within five (5) business days following the issuance of the order or
the action of abatement, unless the hearing (or the time requirement for
the hearing) is waived in writing by the party subject to the Cease and
Desist Order or the emergency abatement. A request for an administrative
hearing shall not be required from the Person subject to the Cease and
Desist Order or the emergency abatement action.
4. Hearing Proceedings. The Authorized Inspector shall appear in
support of the notice, order, determination, Invoice for Costs or
emergency abatement action, and the appealing party shall appear in
support of withdrawal of the notice, order, determination, Invoice for
Costs, or in opposition to the emergency abatement action. The City shall
have the burden of supporting any enforcement or other action by a
preponderance of the evidence. Each party shall have the right to present
testimony and other documentary evidence as necessary for explanation of
the case.
5. Final Decision and Appeal. The final decision of the Hearing
Officer shall issue within ten (10) business days of the conclusion of the
hearing and shall be delivered by first -class mail, postage prepaid, to the
appealing party. The final decision shall include notice that any legal
challenge to the final decision shall be made pursuant to the provisions of
the Code of Civil §§ 1094.5 and 1094.6 and shall be commenced within
ninety (90) days following issuance of the final decision. [The
administrative hearing fee paid by a prevailing party in an appeal shall be
refunded.]
(i) Notwithstanding this paragraph 5, the final decision of the Hearing
Officer in any preceding determining the validity of a Cease and
Desist Order or following an emergency abatement action shall be
mailed within five (5) business days following the conclusion of
the hearing.
6. City Abatement. In the event the owner of Private Property, the
operator of a facility, a permittee, a Responsible Party, or any other
Person fails to comply with any provision of a compliance schedule issued
pursuant to this Ordinance, the Authorized Inspector may request the
Enforcing Attorney to obtain an abatement warrant or other appropriate
judicial authorization to enter the property, abate the condition and restore
the area. Any costs incurred by the City in obtaining and carrying out an
abatement warrant or other judicial authorization may be recovered
pursuant to Section 13 -27, paragraph 4.
SECTION 13 -27 WATER QUALITY NUISANCE
Any condition in violation of the prohibitions of this Ordinance, including but not limited
to the maintenance or use of any Illicit Connection or the occurrence of any Prohibited
Discharge, shall constitute a threat to the public health, safety and welfare, and is
declared and deemed a nuisance pursuant to Government Code §38771.
1. Court Order to Enjoin or Abatement. At the request of the City Manager,
the Enforcing Attorney may seek a court order to enjoin and /or abate the
nuisance.
2. Notice to Owner and Occupant. Prior to seeking any court order to
enjoin or abate a nuisance or threatened nuisance, the City Manager shall provide
notice of the proposed injunction or abatement to the owner and occupant, if any,
of the property where the nuisance or threatened nuisance is occurring.
3. Emergency Abatement. In the event the nuisance constitutes
an imminent danger to public safety or the environment, the City Manager may
enter the property from which the nuisance emanates, abate the nuisance and
restore any property affected by the nuisance, without prior notice to or consent
from the owner or occupant thereof and without judicial warrant.
(i) An imminent danger shall include, but is not limited to, exigent
circumstances created by the dispersal of Pollutants, where the same
presents a significant and immediate threat to the public safety or the
environment.
(ii) Notwithstanding the authority of the City to conduct an emergency
abatement action, an administrative hearing pursuant to Section 13 -26,
paragraph 3, hereinabove shall follow the abatement action.
4. Reimbursement of Costs. All costs incurred by the City in
responding to any nuisance, all administrative expenses and all other expenses,
recoverable under State law, shall be recoverable from the Person(s) creating,
causing, committing or maintaining the nuisance.
5. Nuisance Lien. All costs shall become a lien against
the property from which the nuisance emanated and a personal obligation against
the owner thereof in accordance with Government Code §38773.1 and §38773.5.
The owner of record of the property subject to any lien shall be given notice of
the lien prior to recording as required by Government Code §38773.1.
(i) At the direction of the City Manager, the Enforcing Attorney is
authorized to collect nuisance abatement costs or enforce a
nuisance lien in an action brought for a money judgement or by
delivery to the County Assessor of a special assessment against the
property in accord with the conditions and requirements of
Government Code §38773.5.
SECTION 13 -28 PENALTIES
1. Prosecutor. The Enforcing Attorney may act on the request of the City
Manager to pursue enforcement actions in accordance with the provisions of this
Ordinance.
2. Infractions. Any Person who may otherwise be charged with a
misdemeanor under this Ordinance may be charged, at the discretion of the
prosecuting attorney, with an infraction punishable by a fine of not more than
$100 for a first violation, $200 for a second violation, and a fine not exceeding
$500 for each additional violation occurring within one year.
3Y0
3. Misdemeanors. Any Person who negligently or knowingly violates any
provision of this Ordinance, undertakes to conceal any violation of this
Ordinance, continues any violation of this Ordinance after notice thereof, or
violates the terms, conditions and requirements of any water quality management
plan or permit, shall be guilty of a misdemeanor punishable by a fine of not more
than $1,000 or by imprisonment for a period of not more than six months, or
both.
4. Consecutive Violations.
Each day in which a violation occurs and each separate failure to comply with either a
separate provision of this Ordinance, an Administrative Compliance Order, a Cease and
Desist Order, an applicable water quality management plan, or a permit issued pursuant
to this Ordinance, shall constitute a separate violation of this Ordinance punishable by
fines or sentences issued in accordance herewith.
5. Non - exclusive Remedies.
Each and every remedy available for the enforcement of this Ordinance shall be non-
exclusive and it is within the discretion of the Authorized Inspector or Enforcing
Attorney to seek cumulative remedies, except that multiple monetary fines or penalties
shall not be available for any single violation of this Ordinance.
6. Citations.
Pursuant to Penal Code §836.5, the Authorized Inspector shall have the authority to
cause the arrest of any Person committing a violation of this Ordinance. The Person
shall be released and issued a citation to appear before a magistrate in accordance with
Penal Code §853.5, §853.6, and §853.9, unless the Person demands to be taken before
a magistrate. Following issuance of any citation the Authorized Inspector shall refer the
matter to the Enforcing Attorney.
Each citation to appear shall state the name and address of the violator, the provisions
of this Ordinance violated, and the time and place of appearance before the court, which
shall be at least ten (10) business days after the date of violation.
The Person cited shall sign the citation giving his or her written promise to appear as
stated therein. If the Person cited fails to appear, the Enforcing Attorney may request
issuance of a warrant for the arrest of the Person cited.
7. Violations of Other Laws
Any Person acting in violation of this Ordinance also may be acting in violation of the
Federal Clean Water Act or the State Porter - Cologne Act and other laws and also may
be subject to sanctions including civil liability. Accordingly, the Enforcing Attorney is
authorized to file a citizen suit pursuant to Federal Clean Water Act §505(a), seeking
penalties, damages, and orders compelling compliance, and other appropriate relief. The
Enforcing Attorney may notify EPA Region IX, the Santa Ana or San Diego Regional
Water Quality Control Boards, or any other appropriate sate or local agency, or any
alleged violation of this Ordinance.
8. Injunctions.
At the request of the City Manager, the Enforcing Attorney may cause the filing in a
court of competent jurisdiction, of a civil action seeking an injunction against any
threatened or continuing noncompliance with the provisions of this Ordinance.
1. Order for Reimbursement. Any temporary, preliminary or permanent
injunction issued pursuant hereto may include an order for reimbursement to the
City of all costs incurred in enforcing this Ordinance, including costs of
inspection, investigation and monitoring, the costs of abatement undertaken at the
expense of the City costs relating to restoration of the environment and all other
expenses as authorized by law.
9. Other Civil Remedies.
1. The City Manager may cause the Enforcing Attorney to file an action for civil
damages in a court of competent jurisdiction seeking recovery of (i) all costs
incurred in enforcement of the Ordinance, including but not limited to costs
relating to investigation, sampling, monitoring, inspection. administrative
expenses, all other expenses as authorized by law, and consequential damages,
(ii) all costs incurred in mitigating harm to the environment or reducing the threat
to human health, and (iii) damages for irreparable harm to the environment.
2. The Enforcing Attorney is authorized to file actions for civil damages resulting
from any trespass or nuisance occurring on public land or to the Storm Water
Drainage System from any violation of this Ordinance where the same has caused
damage, contamination or harm to the environment, public property or the Storm
Water Drainage System.
3. The remedies available to the City pursuant to the provisions of this Ordinance
shall not limit the right of the City to seek any other remedy that may be
available by law.
SECTION 13 -29 PERMITS
A. Discharge Permit Procedure.
1. Permit. On application of the owner of Private Property or the operator of
any facility, which property or facility is not otherwise subject to the
requirements of a State General Permit, the City Manager may issue a permit for
authorizing the release of non -storm water discharges to the Storm Water
Drainage System if:
(i) The discharge of material or constituents is reasonably necessary for the
conduct of otherwise legal activities on the property, and
(ii) The discharge will not cause a nuisance, impair the beneficial uses of
receiving waters, or cause any reduction in established water quality
standards.
2. Application. The applicant shall provide all information requested by the City
Manager for review and consideration of the application, including but not limited
to specific detail as to the activities to be conducted on the property, plans and
specifications for facilities located on the property, identification of equipment or
processes to be used on -site and other information as may be requested in order
to determine the constituents, and quantities thereof, which may be discharged if
permission is granted.
3. Permit Issuance. The permit shall be granted or denied by the City Manager
or his or her designated representative, no later than sixty (60) business days
following the completion and acceptance of the application as determined by the
City Manager.
(i) The applicant shall be notified in Person or by first -class mail, postage
prepaid, of the action taken.
4. Permit Conditions. The permit may include terms, conditions and requirements
to ensure compliance with the objectives of this Ordinance and as necessary to
protect the receiving waters, including but not limited to:
(i) Identification of the discharge location on the property and the location at
which the discharge will enter the Storm Water Drainage system;
(ii) Identification of the constituents and quantities thereof to be discharged
into the Storm Water Drainage System;
38.t
(iii) Specification of pollution prevention techniques and structural or non-
structural control requirements as reasonably necessary to prevent the
occurrence of potential discharges in violation of this Ordinance;
(iv) Requirements for self - monitoring of any Discharge;
(v) Requirements for submission of documents or data, such as technical
reports, production data, discharge reports, self- monitoring reports and
waste manifests; and
(vi) Other terms and conditions appropriate to ensure compliance with the
provisions of this Ordinance and the protection of receiving waters,
including requirements for compliance with best management practices
guidance documents approved by any federal, State of California or
regional agency.
5. General Permit. In the discretion of the City Manager, the permit may, in
accordance with the conditions identified in Section 13 -29, paragraph A.4
hereinabove, be prepared as a general permit applicable to a specific category of
activities. If a general permit is issued, any Person intending to discharge within
the scope of the authorization provided by the general permit may do so by filing
an application to discharge with the City Manager. No discharge within the scope
of the general permit shall occur until such application is so filed.
(i) Notwithstanding the foregoing in this subsection 5, the City Manager, in
his discretion, may eliminate the requirement that an application for a
general permit be filed for any specific activity for which a general permit
has been issued.
6. Permit Fees. The permission to discharge may be conditioned upon the
applicant's payment of the City's costs, in accordance with a fee schedule adopted
by separate resolution, as follows:
(i) For individually issued permits, the costs of reviewing the permit
application, preparing and issuing the permit, and the costs reasonably
related to administrating this permit program.
(ii) For general permits, the costs of reviewing the permit application, that
portion of the costs of preparing the general permit which is reasonably
attributable to the permittee's application for the general permit, and the
costs reasonably related to administering the general permit program.
SECTION 13 -30 PERMIT SUSPENSION, REVOCATION OR MODIFICATION
1. The City Manager may suspend or revoke any permit when it is determined that:
(i)
The permittee has violated any term, condition or requirement of the
permit or any applicable provision of this Ordinance; or
(ii) The permittee's Discharge or the circumstances under which the Discharge
occurs have changed so that it is no longer appropriate to except the
Discharge from the prohibitions on Prohibited Discharge contained within
this Ordinance; or
(iii) The permittee fails to comply with any schedule for compliance issued
pursuant to this Ordinance; or
(iv) Any regulatory agency, including EPA or a Regional Water Quality
Control Board having jurisdiction over the Discharge, notifies the City
that the Discharge should be terminated.
2. The City Manager may modify any permit when it is determined that:
383
(i) Federal or state law requirements have changed in a manner that
necessitates a change in the permit, or
(ii) The permittee's discharge or the circumstances under which the discharge
occurs have changed so that it is appropriate to modify the permit's terms,
conditions or requirements, or
(iii) A change to the permit is necessary to ensure compliance with the
objectives of this Ordinance or to protect the quality of receiving waters.
The Permittee shall be informed of any change in the permit terms and conditions
at least forty -five (45) business days prior to the effective date of the modified
permit.
3. The determination that a permit shall be denied, suspended, revoked or modified
may be appealed by a permittee pursuant to the same procedures applicable to
appeal of an Administrative Compliance Order hereunder. In the absence of a
judicial order to the contrary, the permittee may continue to discharge pending
issuance of the final administrative decision by the Hearing Officer.
SECTION 13 -31 PERMIT ENFORCEMENT
1. Penalties and Compliance with other Laws. Any violation of the
terms, conditions and requirements of any permit issued by the City Manager
shall constitute a violation of this Ordinance and subject the violator to the
administrative, civil and criminal remedies available under this Ordinance.
Compliance with the terms, conditions and requirements of a permit issued pursuant to
this Ordinance shall not relieve the permittee from compliance with all federal, state and
local laws, regulations and permit requirements, applicable to the activity for which the
permit is issued.
2. Limited Permittee Rights. Permits issued under this Ordinance are for
the Person or entity identified therein as the " Permittee" only, and authorize the
specific operation at the specific location identified in the permit. The issuance
of a Permit does not vest the permittee with a continuing right to Discharge.
3. Transfer of Permits.
No permit may be transferred to allow:
(i) A Discharge to the Storm Water Drainage system at a location other than
the location stated in the original permit, or
(ii) A Discharge by a Person or entity other than the permittee named in the
permit, provided however, that the City may approve a transfer if written
approval is obtained, in advance, from the City Manager.
SECTION 13 -32 INTERAGENCY COOPERATION
A. The Federal Clean Water Act authorizes the NPDES Permit for the Orange County area
and provides for cooperative implementation of requirements and interagency allocations
of program resources and burdens. The coordinated effort of the County and the Co-
Permittees is reflected in the National Pollution Discharge Elimination System Permit
Implementation Agreement Santa Ana /San Diego Regions, the NPDES Permits, the
DAMP, this Ordinance, the Appendices to the DAMP, including the Best Management
Practices for New Development and Best Management Practices for Construction
Activity, monitoring and data collection cooperation and regular emergency and spill
response planning activities.
B. The City may elect to contract for the services of any public agency or private enterprise
to carry out the planning approvals, inspections, permits and enforcement authorized by
this Ordinance.
3Pzi
SECTION 13 -33 JUDICIAL REVIEW
The provisions of Section 1094.5 and 1094.6 of the Code of Civil Procedure set forth the
procedure for judicial review of any act taken pursuant to this Ordinance. Parties seeking
judicial review of any action taken pursuant to this Ordinance shall file such action within ninety
(90) days of the occurrence of the event for which review is sought.
SECTION 13 -34 COMPLIANCE DISCLAIMER
Full compliance by any person or entity with the provisions of this Ordinance shall not preclude
the need to comply with other local, state or federal statutory or regulatory requirements, which
may be required for the control of storm water and /or the protection of storm water quality.
SECTION 4. The enactment of this Ordinance by City of Cypress shall repeal the
provisions of Article IV of the City of Cypress Municipal Code, Water Pollution Control,
enacted for the permitting of discharges of industrial waste to ground or surface waters.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this ordinance, or the application thereof to any person or place,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 or its application to other
persons or places. The City Council hereby declares that it would have adopted this ordinance
and each section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases or portions, or the application thereof to any person or place, be declared
invalid or unconstitutional.
FIRST READ at a regular meeting of the City Council of the City of Cypress held on
the 12 thday of December , 1994, and finally adopted and ordered posted at a regular meeting
of said Council held on the 9th day of January , 1995.
(Mayor Pro
Tem)
MAYOR OF TH CITY OF CYPRESS
ATTEST:
CITY CLERK OF TH CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on
the 9th day of January , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Carroll, Jones, Kerry and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Age
CIT CLERK OF THE' CITY OF CYPRESS