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HomeMy WebLinkAboutSan Diego, County of; 1991-07-18;NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION STORMWATER PERMIT NO. CA 0108758 IMPLEMENTATION AGREEMENT This AGREEMENT entered into by the County of San Diego, (herein called County), the San Diego Unified Port District, (herein called District) and the Cities of San Diego, Carlsbad, Chula Vista, Coronado, Escondido, Imperial Beach, La Mesa, San Marcos, Del Mar, El Cajon, Encinitas, Lemon Grove, National City, Oceanside, Poway, Santee, Solana Beach and Vista (herein called CITIES) establishes the responsibilities of each party with respect to compliance with the National Pollutant Discharge Elimination System (NPDES) stormwater permit regulations administered by the Untied States Environmental Protection Agency (EPA) under the authority granted by the Clean Water Act (CWA) and its 1987 amendments, the Water Quality Act (WQA). RECITALS WHEREAS, Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 1342(p) to require the Federal Environmental Protection Agency to promulgate regulations for applications for permits for stormwater discharges; and WHEREAS, these permits regulations will require the control of pollutants from stormwater discharges by requiring a National Pollutant Discharge Elimination System permit which would allow the lawful discharge of stormwaters into waters of the United States; and WHEREAS, these EPA regulations will require NPDES permits for discharges from municipal storm sewers on a system-wide or jurisdiction-wide basis; and WHEREAS, the CITIES, the COUNTY and the DISTRICT desire to develop an integrated stormwater discharge management program with objective of improving water quality in the County of San Diego; and Page 1 of 6 WHEREAS, the California State Water Resources Control Board (CSWRCB) as designee of the EPA has delegated authority to the Regional Water Quality Control Board San Diego Region (RWQCB-SDR) for administration of the NPDES Storm Water permit within the boundaries of its Region; and WHEREAS, on July 16, 1990, the Regional Water Quality Control Board - San Diego Region issued NPDES Permit No. CA 0108758 and Order No. -90-42, Waste Discharge Requirements for Stormwater and Urban Runoff from the County of San Diego, the City of San Diego, the incorporated Cities of San Diego County, and the San Diego Unified Port District naming the above entities co-permittees; and WHEREAS, said Permit and Order require that the co-permit-tees cooperate in the development and implementation of a comprehensive county-wide stormwater/urban runoff management program including the execution of an Implementation Agreement. NOW, THEREFORE, the parties hereto do mutually agree as follows: I. DESIGNATION AND RESPONSIBILITIES OF PRINCIPAL PERMIT-TEE A. The City of San Diego is hereby designated Principal Permittee, but has similar responsibilities as a co-permittee. B. The Principal Permittee shall be responsible for the overall program coordination, including: 1. 2. 3. Coordination of activities of all permittees with the Regional Board. Solicitation of and response to public input for proposed monitoring, reconnaissance, management and implementation plans. Collection and submittal to the Regional Board of all reports, plans and programs as required by the Permit and Order. II. RESPONSIBILITIES OF CO-PERMITTEE A. The co-permittee shall be responsible for management of stormwater and urban runoff management programs with their sole jurisdictions for storm drainage systems where they have ownership and maintenance responsibilities as delineated by the appropriate Page 2 of 6 easement conveyances (herein referred to as “sole jurisdiction”), including: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10, Conduct stormwater conveyance system inspections within the co- permittees’s sole jurisdiction. Plan and conduct surveys and characterizations needed to identify the pollutant sources and drainage areas where there is sole jurisdiction over such drainage areas. Participate in management programs, monitoring programs, and other plans as required to comply with Order No. 90-42. Implement management programs, monitoring programs, and other plans as necessary to meet the requirements of Order No. 90-42. Submit stormwater conveyance system maps that are within the sole jurisdiction of the permittee with periodic revisions as necessary. Prepare and submit, in a timely manner, all reports that are required by Order No. 90-42 and based on the co-permittees’ sole jurisdictional responsibilities to the principal permittee. Enact legislation and ordinances as necessary to ensure compliance with the stormwater management programs and the implementation plans consistent with the scope of powers of each permittee. Pursue enforcement actions as necessary to ensure compliance with the stormwater management programs and the implementation plans where it has statutory authority to pursue such enforcement actions. Ensure adequate response to emergency situations such as accidental spills, leaks, illicit discharges, etc. within each permittee’s sole jurisdiction. Abide by the terms of the Implementation Agreement where it does not conflict with other statutory requirements. Ill. FISCAL RESPONSIBILITIES A. All co-permittee shall share in the administration costs of the permit, including the initial permit fee, the annual permit fee, if any, and reasonable costs incurred by the Principal Permittee in fulfilling its duties pursuant to Section I-B. Costs shall be allocated to the co- permittees as follows: Each co-permittee, including the Principal Permittee, shall share equally in one-half of the administration costs. The remaining one-half shall be allocated as a percentage of the population of each co-permittee and the principal permittee, accept the Unified Port District, with respect to the total population of San Diego County. The percentage shares shall be calculated annually from information provided in the SANDAG “January 1 Population and Housing Page 3 of 6 Estimates”, using the “HOUSEHOLD” population figures. B. Joint co-permittee expenses shall be estimated annually by the Principal Permittee on July l/June 30 fiscal year. The estimate shall be presented to the co-permittee not later than January 1st and approved by a majority of the co-permittees prior to March 1st for the succeeding fiscal year. C. Each co-permittee shall pay quarterly its share of expenses within 30 days of receipt of an invoice from the Principal permittee. Funds collected and not expended in any fiscal year shall be carried over as a credit to the next fiscal year. D. The Principal Permittee shall provide a detailed accounting at the end of each fiscal year of the costs and expenses incurred under section I-B above. IV. LIFE OF THE AGREEMENT The term of this Agreement commences on its execution by each and all of the dully authorized representatives of the CITIES, the COUNTY and the PORT DISTRICT. The life of the Agreement shall run with the NPDES Permit and Order referred to herein. V. RESOLUTION OF DISAGREEMENTS In the event that disagreements arise between the permittees and/or the Regional Water Quality Control Board such party may demand arbitration of the dispute whereby the aggrieved parties may appoint an arbitrator, and those arbitrators may appoint a neutral arbitrator to resolve the dispute. VI. WITHDRAWAL FROM THE AGREEMENT A participant may withdraw from the agreement sixty (60) days subsequent to written notice to the RWQCB-SDR. The participant shall agree to file for a separate permit where required by law and to comply with all the requirements established by law. In addition, withdrawal shall constitute forfeiture of all of the percentage of cost attributed to their sole jurisdiction for the joint implementation costs for the budget year. The withdrawing participant shall be responsible for all lawfully assessed penalties as a consequence of withdrawal. The cost Page 4 of 6 . allocations to the remaining members will be recalculated in the following budget year. VII. NON-COMPLIANCE WITH PERMIT REQUIREMENTS Any participant found in non-compliance with the conditions of the permit within their sole jurisdictional responsibilities shall be solely liable for any lawfully assessed penalties. Non- compliance disputes shall be heard before the RWQCB. VIII. AMENDMENTS TO THE AGREEMENT This Agreement may be amended by consent of the affected co-permittees. No amendment to this agreement shall be effective unless it is in writing and singed by the duly authorized representatives of all of the co-permittees. IX. NOTICES All notices shall be deemed duly given if delivered by hand; or three (3) days after deposit in the U.S. mail, postage prepaid. X. GOVERNING LAW This Agreement will be governed and construed in accordance with the laws of the State of California and Order 90-42. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. XI. CONSENT TO BREACH NOT WAIVER No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the co-permittee to have waived or consented. Any consent by any co-permittee to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent to waiver of, or excuse for any other different or subsequent breach. XII. INDEMNIFICATION Each party to this Agreement (1) shall have the sole responsibility to comply with the Permit, (2) shall pay all fines, penalties and costs which may arise out of such party’s non- Page 5 of 6 compliance with the Permit, and (3) shall indemnify the other parties to this Agreement against any fines, penalties or costs (including attorneys fees) they may incur as a result of its failure to comply with the Permit. XIII. APPLICABILITY OF PRIOR AGREEMENTS This document constitutes the entire Agreement between the co-permittees with respect to the subject matter; all prior agreements, representation, statements, negotiations and undertakings are superseded hereby. IN WITNESS WHEREOF, this Agreement has been executed as of /8-& day CITY OF CARLSBAD APPROVED AS TO FORM: All-EST: a,- TENKRANZ, City Clerk Page 6 of 6