HomeMy WebLinkAbout1991-07-09; City Council; 11253; IMPLEMENTATION AGREEMENT FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STORM WATER DISCHARGE PERMITITEM EXPLANATION:
At their July IO, 1990 meeting, City Council authorized the Mayor to sign a letter (
to apply for a National Pollutant Discharge Elimination System (NPDES) permit wh
to be issued pursuant to Order No. 90-42 of the Regional Water Quality Gontro
(Regional Board). NPDES Permit No. CA 01 08758 was subsequently issued
Regional Board on July 16, 1990. The permit named all eighteen incorporate
within San Diego County, the County of San Diego and the Port District as co-pen
The NPDES permit was mandated by the requirements of the Clean Water Act t
Environmental Protection Agency and requires the establishment of a Cour
Comprehensive Storm Water Quality Management Program. The first elemenl
program is the establishment of an implementation agreement between all
permittees listed under the NPDES permit.
This implementation agreement designates the City of San Diego as the p
permittee and defines the responsibilities of both the principal permittee a
permittees. In this role, the City of San CIiego will serve as a "clearing house" i
coordinate the assembly of the various plans, programs, and reports which IY
submitted in a timely manner to the Regional Board. Each co-permittee is
responsible for the management of the storm water program within its jurisdictio
Under the terms of the implementation agreement, each co-permittee is oblig<
reimburse the principal permittee for the administrative costs according to a 1
outlined in the implementation agreement.
distributed equally among co-permittees and one-half is prorated based up
population of each jurisdiction. The City of Carlsbad's portion of this administrati
is expected to be approximately $2,000 to $5,000.
Co-permittees may withdraw from the agreement with a 60 day written notice
Regional Board. Any agency withdrawing from the agreement will need to fil
separate permit and will fall under much more stringent and inflexible regulations a\
by the Environmental Protection Agency.
One-half of the administrative a 5
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Other elements of the Storm Water Quality Management Program, such as the prc 4 5 Consultant agreement for storm water testing and monitoring, will be brought fom
City Council approval in the coming months in accordance with the time sch
provided in Order No. 90-42. 5 z 3 0 0
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FISCAL IMPACT :
The administration cost for the implementation agreement are expected t
approximately $2,000 to $4,000 per year. Thirty thousand dollars were approp
implementation costs as well as the future consultant costs for testing and monitor
storm water discharges.
within the recently adopted Fiscal Year 91-91 Operating Budget to pay fc
EXHIBITS:
1.
2.
Implementation Agreement for Stormwater Permit No. CA 01 08758.
Resolution No. 7 1 - 3x8 approving the Implementation Agreement f
National Pollutant Discharge Elimination System Permit No. CA 01 0875t
authorizing Mayor and City Clerk to sign the agreement.
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION
STORMWATER PERMIT NO. CA 01 08758
IMPLEMENTATION AGREEMENT
This AGREEMENT entered into by the County of San Diego, (herein called County), th
San Diego Unified Port District, (herein called District) and the Cities of San Diego, Carlsbac
Chula Vista, Coronado, Escondido, Imperial Beach, La Mesa, San Marcos, Del Mar, El Cajoi
Encinitas, Lemon Grove, National City, Oceanside, Poway, Santee, Solana Beach and Visi
(herein called CITIES) establishes the responsibilities of each party with respect to complianc
with the National Pollutant Discharge Elimination System (NPDES) stormwater permit regulatior
administered by the Untied States Environmental Protection Agency (EPA) under the author>
granted by the Clean Water Act (CWA) and its 1987 amendments, the Water Quality Act WQA
RE C ITALS
WHEREAS, Congress in 1987 amended Section 402 of the Federal Clean Water Act (2
U.S.C.A. 1 342(p) to require the Federal Environmental Protection Agency to promulga
regulations for applications for permits for stormwater discharges; and
WHEREAS, these permits regulations will require the control of pollutants from stormwatl
discharges by requiring a National Pollutant Discharge Elimination System permit which wou
allow the lawful discharge of stormwaters into waters of the United States; and
WHEREAS, these EPA regulations will require NPDES permits for discharges fro
municipal storm sewers on a system-wide or jurisdiction-wide basis; and
WHEREAS, the CITIES, the COUNTY and the DISTRICT desire to develop an integrate
stormwater discharge management program with objective of improving water quality in tt
County of San Diego; and
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WHEREAS, the California State Water Resources Control Board (CSWRCB) as design€
of the EPA has delegated authority to the Regional Water Quality Control Board San Dieg
Region (RWQCB-SDR) for administration of the NPDES Storm Water permit within the boundarie
of its Region; and
WHEREAS, on July 16, 1990, the Regional Water Quality Control Board - San Diec
Region issued NPDES Permit No. CA 0108758 and Order No. 90-42, Waste Discharg
Requirements for Stormwater and Urban Runoff from the County of San Diego, the City of Sz
Diego, the incorporated Cities of San Diego County, and the San Diego Unified Port Distri
naming the above entities co-permittees; and
WHEREAS, said Permit and Order require that the co-permittees cooperate in th
development and implementation of a comprehensive county-wide stormwater/urban run0
management program including the execution of an Implementation Agreement.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. DESIGNATION AND RESPONSIBILITIES OF PRINCIPAL PERMllTEE
A. The City of San Diego is hereby designated Principal Permittee, but ha
similar responsibilities as a co-permittee.
B. The Principal Permittee shall be responsible for the overall prograi
coordination, including:
1. Coordination of activities of all permittees with the Regional Boarc
-2. Solicitation of and response to public input for propose(
monitoring, reconnaissance, management and implementatioi
plans.
Collection and submittal to the Regional Board of all reports, plan
and programs as required by the Permit and Order.
3.
11. RESPONSIBILITIES OF CO-PERMITTEE
A. The co-permittee shall be responsible for management of stormwater an1
urban runoff management programs with their sole jurisdictions for storm drainage system
where they have ownership and maintenance responsibilities as delineated by the appropriat
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easement conveyances (herein referred to as "sole jurisdiction"), including:
1.
2.
Conduct stormwater conveyance system inspections within the c(
permittees's sole jurisdiction.
Plan and conduct surveys and characterizations needed to identi
the pollutant sources and drainage areas where there is SO
jurisdiction over such drainage areas.
Participate in management programs, monitoring programs, an
other plans as required to comply with Order No, 90-42, 3.
4.
5.
Implement management programs, monitoring programs, and othc
plans as necessary to meet the requirements of Order No. 90-42
Submit stormwater conveyance system maps that are within th sole jurisdiction of the permittee with periodic revisions a
necessary.
Prepare and submit, in a timely manner, all reports that ar
required by Order No. 90-42 and based on the co-permittees' sol
jurisdictional responsibilities to the principal permittee.
7. Enact legislation and ordinances as necessary to ensur
compliance with the stormwater management programs and th
implementation plans consistent with the scope of powers of eac,
permittee.
Pursue enforcement actions as necessary to ensure compliancl
with the stormwater management programs and the implementatioi
plans where it has statutory authority to pursue such enforcemer
actions. Ensure adequate response to emergency situations such a
accidental spills, leaks, illicit discharges, etc. within eacl
permittee's sole jurisdiction.
Abide by the terms of the Implementation Agreement where it doe
not conflict with other statutory requirements.
6.
8.
9.
10.
111. FISCAL RESPONSIBILITIES
A. All co-permittee shall share in the administration costs of the permit, including thc
initial permit fee, the annual permit fee, if any, and reasonable costs incurred by the Principa
Permittee in fu1filling.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-ha1
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, witt
respect to the total population of San Diego County. The percentage shares shall be calculatec
annually from information provided in the SANDAG "January 1 Population and Housin{
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Estimates", using the "HOUSEHOLD" population figures.
B. Joint co-permittee expenses shall be estimated annually by the Principal Permitte
on July 1 /June 30 fiscal year. The estimate shall be presented to the co-permittee not later tha
January 1st and approved by a majority of the co-permittees prior to March 1st for th
succeeding fiscal year.
C. Each co-permittee shall pay quarterly its share of expenses within 30 days c
receipt of an invoice from the Principal permittee. Funds collected and not expended in an
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 eac
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 dull\
authorized representatives of the CITIES, the COUNTY and the PORT DISTRICT. The life of thc
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 Wate
Quality Control Board such party may demand arbitration of the dispute whereby the aggrievec
parties may appoint an arbitrator, and those arbitrators may appoint a neutral arbitrator to resolvc
the dispute.
VI. WITHDRAWAL FROM THE AGREEMENT
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A participant may withdraw from the agreement sixty (60) days subsequent to writter
notice to the RWQCB-SDR. The participant shall agree to file for a separate permit when
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 participani
shall be responsible for all lawfully assessed penalties as a consequence of withdrawal. The cos1
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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 SO
jurisdictional responsibilities shall be solely liable for any lawfully assessed penalties. Noi
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. N
amendment to this agreement shall be effective unless it is in writing and singed by the dul
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 deposi
in the U.S. mail, postage prepaid.
X. GOVERNING LAW
This Agreement will be governed and construed in accordance with the laws of the Statc
of California and Order 90-42. If any provision or provisions of this Agreement shall be held tc
be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainin!
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 oi
consented. Any consent by any co-permittee to, or waiver of, a breach by the other, whethei
express or implied, shall not constitute a consent to waiver of, or excuse for any other differen
or subsequent breach.
XI I. IN D EM N I FlCATlO N
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-
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compliance with the Permit, and (3) shall indemnify the other parties to this Agreement again<
any fines, penalties or costs (including attorneys fees) they may incur as a result of its failure t
comply with the Permit.
XIII, APPLICABILITY OF PRIOR AGREEMENTS
This document constitutes the entire Agreement between the co-permittees with respec
to the subject matter; all prior agreements, representation, statements, negotiations an
undertakings are superseded hereby.
IN WITNESS WHEREOF, this Agreement has been executed as of /8& da!
of - , 1991
CITY OF CARLSBAD APPROVED AS TO FORM:
ATTEST:
LEE? RAUTENKRANZ, City Clerk 1
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RESOLUTION NO. 91-228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE
IMPLEMENTATION AGREEMENT FOR THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT
NO. CA 0108758 AND AUTHORIZING MAYOR AND CITY
CLERK TO SIGN THE AGREEMENT.
WHEREAS, the City of Carlsbad has been named a co-permittee unc
National Pollution Discharge Elimination System (NPDES) Permit No. CA 01 08758
by the California Regional Water Quality Control Board, San Diego Region pursi
Order No. 90-42; and
WHEREAS, NPDES Permit No. CA 01 08758 requires that the City of Carlsba
into an implementation agreement with the other co-permittees listed under said F
and,
WHEREAS, the City Council of the City of Carlsbad has found it to be in th
interest of the City to comply with requirements of NPDES Permit No. 0108758 i
enter into said Implementation Agreement.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Ca
California, as follows:
1.
2.
That the above recitations are true and correct.
That the implementation Agreement for the National Pollution Dischi
hereby approved and the Mayor and City Clerk are hereby authorized and direc
execute said agreement. Following the Mayor’s signature of said agreement, th
Clerk is further authorized and directed to forward a copy of said agreement and
ill
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copies of this Resolution to Robert Cain, Engineering Department, City of San
1222 First Street, Mail Station 500, San Diego, CA 921 01.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb
Council held on the l6thday of July , 1991 by the following vote, to wit:
AYES: Council Members LEwis, Kulchin, Larson, Nygaard
St ant on
NOES: None
ABSENT: None
ATTEST:
u 2. R-
ALETHA L. RAUTENKRANZ, City Clerk
(SW