HomeMy WebLinkAbout2001-12-18; City Council; 16485; Municipal Stormwater Permit Copermittee MOUCITY OF CARLSBAD -AGENDA BILL
4B# \&Jj485 TITLE: MUNICIPAL STORMWATER PERMIT
UlTG. 12/18/01 COPERMIITEE MEMORANDUM OF UNDERSTANDING
IEPT. ENG
RECOMMENDED ACTION:
Adopt Resolution No. acx) \ -3% 0 authorizing the Mayor to execute the Memorandum of Understanding (MOU) between the City of Carlsbad and the Municipal Stormwater Copermittees which establishes the responsibilities of each party with respect to compliance with National Pollutant Discharge Elimination System (NPDES) Order No. 2001-01.
ITEM EXPLANATION:
Municipal Stormwater NPDES Order No. 2001-01 requires that the Copermittees (the County of San Diego, San Diego Unified Port District and eighteen cities in San Diego County, including the City of Carlsbad) jointly execute and submit to the San Diego Regional Water Quality Control Board by February 21, 2002, a Memorandum of Understanding, Joint Power Authority, or other instrument of formal agreement which at a minimum provides a management structure for: a) designation of joint responsibilities; b) decision making; c) watershed activities; d) information management of data and reports, including the requirements under NPDES Order No. 2001-01; and e) any and all other collaborative arrangements for compliance with the Order.
Upon issuance of NPDES Order No. 2001-01, Copermittee representatives formed a working committee to develop the attached Memorandum of Understanding.
The Memorandum of Understanding includes the following provisions:
I.
II.
Ill.
IV.
Permittee Responsibilities
Describes the main responsibilities of the Principal Permittee, designated as the County of San Diego, and the responsibilities of all Copermittees. This section also defines the Regional and Watershed General Program components, as well as, Other General Programs that may be included by the Copermittees.
Regional Stormwater Manaaement Committee
Establishes and describes the representation and responsibilities of the Regional Stormwater Management Committee which will provide a forum for the representation of interests and the development of consensus during the presentation, discussion, and evaluation of proposed activities and program elements.
Watershed Activities
Acknowledges the Copermittees’ responsibilities to collaborate in Watershed activities and implement a Watershed Urban Runoff Management Plan, as required by the Permit.
Fiscal Responsibilities
Describes the general responsibilities of Copermittees and the Management Committee to define Regional General Programs to meet the requirements of the permit and prepare an annual budget. This section also describes the formula for allocation of shared costs amongst Copermittees for Regional General Program elements. The formula allocates the proposed budget to each member agency as follows: 1) ten percent (10%) of the cost is divided equally amongst all Copermittees; 2) forty-five percent (45%) of the cost to be divided primarily based on population using “Household” population figures of the San Diego Association of Governments (SANDAG); and 3) forty-five percent (45%) of the cost to be based on urbanized land area using most recently available land use data from SANDAG.
I
Page 2 of Agenda Bill No. lb#G-
V. Life of the Aqreement
Primarily states the length of the agreement and conditions for withdrawal or termination of Copermittee participation in the M3U.
FISCAL IMPACT:
An indirect fiscal impact results from the adoption of this Memorandum of Understanding. In the
MOU, Section Ill - Fiscal Responsibilities, outlines the responsibilities of the Copermittee Management Committee to dratt a Budget for all Regional General Programs.
The Copermittee Management Committee is assigned the responsibility to finalize and approve the proposed budget for submittal to member agencies. Each member agency is responsible for funding their share of the cost of the recommended Regional General Programs. These costs would be proposed in the City’s annual budget.
Regional General Programs are defined in the MOU as the following:
a) Stormwater Permit Fees ($10,000 per )ear unless amended by the SWRCB);
W Receiving Waters Monitoring and Reporting Program;
4
4 e>
r)
Regional Outreach and Education Program;
Regional Storrnwater Hotline (limited as described in the MZIU);
Contributions to the California Stormwater Quality Task Force;
Additional elements which have received unanimous consent of the Management
Committee.
The cost of any and all of these Regional General Programs which may be recommended by the Management Committee upon ratification of this MOU, have been budgeted as approved by City Council for Fiscal Year 2001-02 is $1.873 million dollars.
City staff estimates the yearly costs for the above listed Regional General Programs to be $29,867 for this fiscal year. The existing Regional General Programs for 2001-2002 are limited as indicated below, with the Cit)/s share of the total cost as indicated.
No additional budget needs are anticipated during the current fiscal year as a result of the adoption of Resolution No. ado I- 380 or the MDU.
EXHIBITS:
1. Resolution No. 200 I - 38-o authorizing the Mayor to execute the Memorandum of Understanding (MOU) between the City of Carlsbad and the Municipal Stormwater Copermittees which establishes the responsibilities of each party with respect to compliance with National Pollutant Discharge Elimination System (NPDES) Order No. 2001-01.
2. Memorandum of Understanding between the City of Carlsbad and the Municipal Stormwater Copermittees.
1 RESOLUTION NO. *001-380
2
3
4
5
A RESOLUTKIN OF THE CtTY COUNCtL OF THE CtTY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CARLSBAD AND THE MUNICIPAL STORMWATER
COPERMITTEES AS REQUIRED BY SAN DIEGO REGIONAL
WATER QUALITY CONTROL BOARD NPDES ORDER tiO.2001-01.
6 WHEREAS, the County of San Diego (herein called County), the San Diego Unified Port
7 District (herein called Port), and the incorporated cities of San Diego, Carlsbad, Chula Vista,
8 Coronado, Escondido, Imperial Beach, La Mesa, San Marcos, Del Mar, El Cajon, Encinitas,
9
10
Lemon Grove, National City, Oceanside, Poway, Santee, Solana Beach, and Vista (herein called
Cities), collectively called Copermittees, desire to enter into a Memorandum Of Understanding
11 (MOU) that establishes the responsibilities of each party with respect to compliance with the
12 National Pollutant Discharge Elimination System (NPDES) stormwater permit regulations.
13 WHEREAS, in 1987 Congress amended Section 402 of the Federal Water Pollution
14
15
16
17
18
19
20
21
22
23
Control Act (33 USCA 1342~) to require the United States Environmental Protection Agency
(U.S. EPA) to promulgate regulations for applications for permits for stormwater discharges; and
WHEREAS, the U.S. EPA adopted final permit regulations on November 16, 1990; and
WHEREAS, these permit regulations require the control of pollutants from stormwater
discharges by requiring a NPDES permit which would allow the lawful discharge of stormwaters
into waters of the United States; and
WHEREAS, the California State Water Resources Control Board (CSWRCB) as designee
of the U.S. EPA has delegated authority to the San Diego Regional Water Quality Control Board
(SDRWQCB) for administration of the NPDES stormwater permit within the boundaries of its .
region; and
24
25
26
27
28
WHEREAS, on February 21,2001, the Regional Board issued a NPDES permit and Board
Order No. 2001-01 governing waste discharge requirements for stormwater and urban runoff from
the County, the Port, and the Cities, naming these entities as Copermittees; and
I//
I//
.
3
1 WHEREAS, said permit and order require that the Copermittees cooperate in the
2 implementation of a Stormwater Management Plan including the execution of a Memorandum of
3 Understanding; and
4 WHEREAS, the County, the Port, and the Cities desire to implement an integrated
5 stormwater management program with the objective of improving surface water quality in the
6 County of San Diego;
7 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
8 California, as follows:
9 1. That the above recitations are true and correct.
10 2. That in the best interest of cooperation between The City of Carlsbad and its fellow
I I Copermittees, the City Council of the City of Carlsbad hereby authorizes the Mayor to execute the
12 Memorandum of Understanding between the City of Carlsbad and the Municipal Stormwater
,3 Copermittees as required by NPDES Order No. 2001-01.
14
15
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
16
17
18
19
20
21
23
24
25
26
27
28
held on the 18th day of DECEMBER ,
AYES: Council Members Lewis,,&iYQchin, Finnila , Nygaard, Hall
II ATTEST
KAREN R. KUNDTZ, Assistant City Clerk
2001 by the following vote, to wit:
\;,JJ,r,iA “j i G
National Pollutant Discharge Elimination System
San Diego Regional Stormwater Copermittees
MEMORANDUM OF UNDERSTANDING
December 3,200l
This Memorandum of Understanding (MOU), entered into by the County of San Diego (herein called
County), the San Diego Unified Port District (herein called Port), and the incorporated 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), collectively called Copermittees, establishes the
responsibilities of each party with respect to compliance with the National Pollutant Discharge
Elimination System (NPDES) storm water permit regulations administered by the United States
Environmental Protection Agency (U.S. EPA) under the authority granted by the Federal Water
Pollution Control Act (Clean Water Act) 33 USCA 1251 et. seq. as amended.
RECITALS
WHEREAS, in 1987 Congress amended Section 402 of the Federal Water Pollution Control Act
(33 USCA 1342~) to require the U.S. EPA to promulgate regulations for applications for permits for
storm water discharges; and
WHEREAS, the U.S. EPA adopted final permit regulations on November 16, 1990; and
WHEREAS, these permit regulations require the control of pollutants from storm water discharges by requiring a NPDES permit which would allow the lawful discharge of storm waters into waters of the
United States; and
WHEREAS, the County, the Port, and the Cities desire to implement an integrated storm water
management program with the objective of improving surface water quality in the County of
San Diego; and
WHEREAS, the California State Water Resources Control Board (CSWRCB) as designee of the U.S.
EPA has delegated authority to the San Diego Regional Water Quality Control Board
(SDRWQCB) for administration of the NPDES storm water permit within the boundaries of its region;
and
WHEREAS, on February 21, 2001, the Regional Board issued a NPDES permit and Board Order
No. 2001-01 (herein called Permit) governing waste discharge requirements for storm water and
urban runoff from the County, the Port, and the Cities, naming these entities as Copermittees; and
WHEREAS, said permit and order require that the Copermittees cooperate in the implementation of a
Storm Water Management Plan including the execution of a Memorandum of Understanding;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
San Diego Regional Stormwater Copermittees MOU - 1 - December 3,200 1
I . PERMITTEE RESPONSIBILITIES
A. DESIGNATION AND RESPONSIBILITIES OF PRINCIPAL PERMllTEE
1. The County of San Diego (“County”) is hereby designated Principal Permittee.
As such, the County incurs each of the responsibilttres described in Section
I.A.2. below. The County also has the responsibilities of all Copermittees
described in Section I.B. of this MOU.
2. As necessary to meet the requirements of the Permit, the Principal Permittee
shall provide overall program coordination and support, including the following
tasks and responsibilities:
a.
b.
C.
d.
e.
f.
9.
h.
Establish, chair, and provide overall Permit coordination and leadership of
the Regional Storm Water Management Committee (herein called
Management Committee, see Section II).
Submit to the SDRWQCB the formal agreement between the Copermittees
that provides a management structure for meeting the requirements of the
Permit.
Submit to the SDRWQCB the standardized formats for all reports required
by the Permit by February 21,2002.
Submit the unified Jurisdictional Urban Runoff Management Program (URMP) document, including the Model Standard Urban Stormwater
Mitigation Plan (SUSMP), to the SDRWQCB by February 21,2002.
Provide personnel and resources to facilitate the development and implementation of Regional General Programs (as defined in Section
I.B.2.a.i.).
Execute, manage and administer contracts on behalf of the Copermittees as
necessary to support the implementation of Regional General Programs.
With consent of the Principal Permittee, this may also include Watershed or
Other General Programs. The Principal Permittee shall not be obliged to
enter into any contract, or continue with a contract, unless the Principal
Permittee has received the funds each Copermittee is obliged to contribute
to the cost of the contract, or has received adequate assurances that such funds will be received before payments under that contract become due.
The Principal Permittee shall have sole discretion to determine whether
assurances that required funds will be timely received are adequate.
Collect and assemble the individual and joint program reports, plans, and
submit them to the SDRWQCB as required in the Permit. The following
individual Copermittee documents and reports shall be integrated into a
single unified document and/or report:
l Jurisdictional Urban Runoff Management Plans (URMPs)
l Jurisdictional URMP Annual Reports
l Watershed URMP Documents
l Watershed URMP Annual Reports
l Dry Weather Analytical Monitoring Reports
l Receiving Waters Monitoring and Reporting Program Annual Proposals
and Reports
Provide the Management Committee with meeting agendas including topic
input from the Copermittees.
San Diego Regional Stormwater Copermittees MOU - 2 - December 3,200l
lo
i.
k.
I.
m.
n.
0.
P.
9.
Record all Management Committee votes and provide meeting summaries.
Maintain a current mailing list of interested parties.
Coordinate public input process(es) for proposed regional management and
implementation plans where applicable.
Provide a repository for the centralization of urban runoff data and
information.
Conduct data management and analysis.
Maintain knowledge of and advise the Copermittees regarding current and
proposed State and Federal policies, regulations, and other NPDES
programs; assist the Copermittees in the development and presentation of
positions on these issues before local, State, and Federal agencies.
Represent the Copermittees on the California Storm Water Quality Task
Force. However, Copermittees do not waive their right to represent
themselves individually as they deem appropriate.
Formally advise appropriate State and Federal agencies of termination or
amendment of this MOU.
Formally advise Copermittees in advance of official votes to be taken by the
Management Committee.
3. Responsibilities of the Principal Permittee may be amended by a vote of the
. Management Committee to include additional tasks or responsibilities necessary
to meet the requirements of the Permit, or to provide additional water quality
benefits as determined appropriate with consent of the Principal Permittee.
B. RESPONSIBILITIES OF ALL COPERMITTEES
1. INDIVIDUAL PROGRAM RESPONSIBILITIES
a. Individual Programs are urban runoff management activities and programs
which are required of individual Copermittees as defined in Sections F, G, H,
and I of the Permit (excluding the collaborative development of model
Standard Urban Storm Water Mitigation Plans (SUSMPs) required in Section
F.l.b.(2)).
b. Within their sole jurisdiction, each of the Copermittees shall incur each of the
following Individual Program responsibilities:
i. Establish and maintain adequate legal authority to control pollutant
discharges from its MS4 as required by Section D (Legal Authority) of
Order No. 2001-01 and to ensure compliance with the provisions of
Section F of the Permit.
ii. Provide data, information, and reports within the time frames agreed
upon by the Management Committee, to the Principal Permittee as
necessary for program development, assessment, and reporting
purposes.
iii. Cooperate with the SDRWQCB in pursuing enforcement action as
necessary to ensure compliance with their URMP.
iv. Enforce local laws, codes, and ordinances as necessary to ensure
implementation of plans where it has statutory authority to pursue such
enforcement actions.
San Diego Regional Stormwater Copermittees MOU - 3 - December 3,2001 3
v. Ensure adequate response to emergency situations such as accidental
spills, leaks, and illicit discharges.
vi. Prepare and submit to Principal Permittee an individual jurisdictional
URMP document.
vii. Prepare and submit to Principal Permittee individual jurisdictional URMP
annual reports.
viii. Abide by the terms of this MOU where it does not conflict with any other
statutory requirements.
2. GENERAL PROGRAM RESPONSIBILITIES
General Programs are urban runoff management activities and programs which
are required of, or provide a general and collective benefit to, all Copermittees or
groups of more than one, but less than all Copermittees. General Programs
must be mandated by the Permit, or be necessary to implement activities
mandated by the Permit, or otherwise be conducted with the consent of all
Copermittees participating or cooperating in the particular activity or program.
a. The following definitions shall apply to General Programs.
i. Regional General Programs are activities and programs that apply to all
Copermittees of the Permit.
ii. Watershed General Programs are activities and programs that apply to
the Copermittees within any of the Watershed Protection Areas (WPAs)
defined by the Permit. .
iii. Other General Pronrams are activities and programs that apply to
multiple Copermittees, but which do not apply to Regional or Watershed
General Programs as described above.
II REGIONAL STORM WATER MANAGEMENT COMMITTEE
A. ESTABLISHMENT OF THE REGIONAL STORM WATER MANAGEMENT
COMMITTEE
A Regional Storm Water Management Committee (Management Committee) is
hereby established. The purpose of the Management Committee is to provide regional coordination of urban runoff management activities, to develop and
implement Regional General Programs, and to develop a framework for consistency
between Watershed or Other General Programs and Individual Programs. The
development of urban runoff management activities at the regional, watershed, and
individual program levels requires the input and participation of all Copermittees.
The Management Committee will provide a forum for the representation of interests,
and the development of consensus during the presentation, discussion, and
evaluation of proposed activities and program elements.
B. MANAGEMENT COMMITTEE REPRESENTATION
1. The Management Committee shall be chaired by the Principal Permittee who
shall record all votes in the meeting summaries.
2. Each of the Copermittees (18 cities, the County and the Port) shall be allocated one vote.
San Diego Regional Stormwater Copermittees MOU - 4 - December 3,200l .
3. Each of the Copermittees shall have one representative as a member of the
Management Committee.
4. A quorum of two-thirds rounded up to the next whole person of the Management
Committee must be present for a vote to be held.
5. Except as noted elsewhere in this MOU, approval of all Management Committee
recommendations shall require a two-thirds affirmative vote of the total number
of Copermittees present. In all instances, a majority affirmative vote of the total
Management Committee rounded up to the next whole person shall be required.
6. Meetings of the Management Committee, including any closed sessions with
legal counsel, shall be conducted in accordance with the “Brown Act”
(Government Code Section 54950 et seq.) The individual Copermittees have
differing opinions on whether the Brown Act legally should be interpreted as
applying to members of the Management Committee. In executing this
Agreement, the Copermittees do not waive their right to take the position that the
Brown Act legally does not apply, but voluntarily agree to follow Brown Act
procedures for Management Committee meetings. Except for official meetings
of the Management Committee, nothing herein shall be interpreted to require meetings between staff members of the individual Copermittees (including
designated representatives of the Copermittees) to be subject to the Brown Act,
where the Brown Act would not otherwise apply. Each Copermittee is
individually responsible for ensuring that it complies with the Brown Act.
C. RESPONSIBILITIES OF THE MANAGEMENT COMMITTEE
The Management Committee shall be responsible for the following:
1.
2.
3.
4.
5.
6.
Developing, implementing, and/or arranging for implementation of, Regional
General Programs (see Section I.B.2.a.i.).
Addressing common issues, promoting consistency among Jurisdictional
Urban Runoff Management Programs (Jurisdictional URMPs) and
Watershed Urban Runoff Management Programs (Watershed URMPs), and
planning and coordinating activities required under the Permit.
Jointly developing standardized format(s) for all reports required under the
Permit (e.g., annual reports, monitoring reports, fiscal analysis reports, and
program effectiveness reports).
Approving an annual Budget (see Section 1V.A.).
Establishing by-laws for the conduct of all meetings.
Establishing subcommittees or workgroups to review specific issues and
make recommendations.
Ill WATERSHED ACTIVITIES
For each of the nine watersheds listed in Table 4 of the Permit, each Copermittee shall
collaborate with other Copermittees within its watershed and shall develop and implement a
Watershed URMP as required by the Permit.
San Diego Regional Stormwater Copermittees MOU - 5 - December 3,200l
IV FISCAL RESPONSIBILITIES
A. GENERAL RESPONSIBILITIES
1. The Copermittees shall each pay a yearly assessment into a fund established
for Program operations for their assigned portion of the Management Committee
approved Budget (Budget). The proportionate share of the Budget that each
Copermittee shall pay is defined in Section IV.B below.
2. Any individual Copermittee, or group of Copermittees, may enter into separate
agreements with other Copermittees, including the Principal Permittee, for
services necessary to fulfil1 Individual Program responsibilities as described in
Section I.B.l. above.
3. Each Copermittee shall pay its share of expenses within 60 days of receipt of an
invoice from the Principal Permittee. Funds collected and not expended in any
fiscal year shall be credited to the Copermittees’ share of the next fiscal years
costs in accordance with the Copermittees’ defined participation rates.
4. No later than January 1” of each year, a Budget Subcommittee shall prepare
and submit for consideration by the Management Committee an estimated
budget of costs and expenses for Regional General Programs applicable to the
ensuing fiscal year.
5. To ensure that Copermittee governing bodies have sufficient time to consider
fiscal impacts, the Management Committee shall prepare a draft Budget by no
later than January 311’ of each year for those Regional General Programs to be
instituted in the ensuing fiscal years. After consideration of comments and
discussion, a final Budget will be prepared, approved, and distributed by no later
than February 28” of each year. The Budget will be based on the fiscal year
beginning July Iti and ending June 30th, and shall include a description of major
tasks, schedules, and projected costs for Regional General Programs.
6. Unless amended by a vote of the Management Committee, annually budgeted
shared costs for Regional General Programs and activities shall include the
following elements. Copermittees shall be responsible for their proportionate
share of the amount approved pursuant to this section for each of these
elements:
a. Stormwater Permit Fees ($10,000 per year unless amended by the
SWRCB).
b. Receiving Waters Monitoring and Reporting Proqram.
c. Reaional Outreach and Education Proqram. Activities not required for
Permit compliance shall be considered Other General Programs rather than
Regional General Programs.
d. Regional Stormwater Hotline. The County agrees to continue operation of a
Regional Stormwater Hotline as an in-kind contribution to the Copermittees’
Regional Outreach and Education Program subject to the following
conditions.
The County’s total staffing contribution, including its
proportionate share, shall not exceed 1.0 full-time equivalent
hotline operator.
The County’s expenses will be limited to those costs necessary
to facilitate the receipt of public inquiries and complaints, make
referrals for followup and investigation to appropriate
San Diego Regional Stormwater Copermittees MOU - 6 - December 3,200 1
. . . III.
iv.
Copermittees or other agencies, and provide basic educational
information.
The cost of producing and/or distributing written or other
materials in response to Hotline requests shall be the sole responsibility of the Copermittee to which those requests apply.
With consent of the County, such materials may be provided
under separate agreement.
The County may discontinue providing this service at its own
discretion, but in such case agrees to provide Copermittees
sufficient notice to allow the establishment of other services as
necessary to meet their Permit obligations. This period shall be
at the discretion of the County, but shall include no less than 60
days written notice.
e. Contribution to the California Stormwater Quality Task Force.
f. Additional elements which have received unanimous consent of the
Management Committee.
7. Following the end of each fiscal year, the Principal Permittee shall provide a
detailed accounting of the costs and expenses. The Principal Permittee shall
also provide the Management Committee quarterly Budget Balance and
Expenditure Status Reports.
8. The Principal Permittee agrees to waive administrative or other costs necessary
to fulfil1 the responsibilities described in Section I.A. above.
9. Each Copermittee shall timely submit a budget request, sufficient to fund the
Copermittee’s assigned share of the approved Management Committee Budget
for the ensuing fiscal year, to that Copermittee’s governing body for approval.
The submission shall reference and provide information on the approved
Management Committee Budget, and shall inform that Copermittee’s governing
body that if the requested funds are not provided the Copermittee will be excluded from further Management Committee participation and will be in
violation of RWQCB Order No. 2001-01.
10. Subject to approval by the Copermittees participating in a particular shared
General Program, individual Copermittees may provide in-kind rather than
monetary contributions toward the cost of that activity.
11. Should a dispute arise among any of the parties regarding any matter related to
this MOU, the parties agree. to first meet and confer in good faith to attempt to
resolve the dispute. If that fails to resolve the dispute, they will submit the matter
to mediation. If mediation fails to resolve the dispute, they shall submit it to non-
binding arbitration. If they cannot agree on a single arbitrator, they shall each select one arbitrator and the two arbitrators shall select a third arbitrator. The
matter shall then be decided by a panel of the three arbitrators by a majority
vote.
B. DlVlSlON OF GENERAL PROGRAM COSTS
The following shall apply to the development and administration of the annual
Management Committee Budget described in 1V.A. above. Only shared Regional
General Program costs described in Section IV.A.6. above are required to be
included as part of this Budget. However, for convenience and/or economy, groups
of Copermittees may elect to include Watershed and/or Other General Programs
within this overall Budget. The cost share basis between the participating
San Diego Regional Stormwater Copermittees MOU - 7 - December 3,2001
Copermittees for Watershed and/or Other General Programs included in the budget
may differ from the cost allocation formula described below. The waiver of
administrative costs described in Section IV.A.8. shall apply to Watershed and Other
General Programs only with consent of the Principal Permittee.
Prior to the allocation of shared costs, each proposed or approved budget element
or sub-element shall be identified as either a Regional General Program, a
Watershed General Program, or an Other General Program, and the Copermittees
sharing that cost shall be identified. The cost of any particular budget element shall
be subject to the approval of only the Copermittees to which it applies. For each,
costs shall be divided among participating Copermittees. The costs of Regional
General Programs shall be allocated according to the following formula:
1. Ten percent (10%) of the cost shall be divided equally among all Copermittees.
2. Forty-five percent (45%) of the cost shall be divided based on population.
Population-based costs shall be divided among all Copermittees as follows:
.
a. The percentage of Population Share Costs for which each Copermittee is
responsible shall be calculated by dividing their total population by the
combined total population of all participating Copermittees within the
geographic area applicable to the shared program or activitity. These
percentages shall be calculated using the “Household” population figures of
the San Diego Association of Governments (SANDAG)
“Population and Housing Estimates” for the year 2000 or as formally
updated or amended by SANDAG.
b. The County’s population for Regional Programs shall be the entire
population of the unincorporated County. The County acknowledges that
this will be a greater total population than that which would otherwise be
included within the geographic area described in Section IV.B.3.c. below.
c. The Ports population shall be based on the most recent available estimate
of the number of persons whose primary place of residence is aboard a
vessel within San Diego Bay (e.g., marinas, moorings, etc.). These
numbers shall be based on estimates provided by the Harbor Police.
3. Forty-five percent (45%) of the cost shall be based on urbanized land area to be
divided among all participating Copermittees as follows.
a. The percentage of land area costs for which each Copermittee is
responsible shall be calculated by dividing their total urbanized land area by
the combined total urbanized land area of all participating Copermittees
within the geographic area applicable to the shared program or activitity.
b. These totals shall be calculated using the most recently available San Diego Association of Governments (SANDAG) land use statistics.
c. The total urbanized land area for the County shall include those urbanized
lands in the unincorporated portion of the County that are west of the County
Water Authority (CWA) service area boundary as it exists on the date of this
Agreement or as formally amended by the CWA, plus land areas east of this
line but draining toward the ocean that are served by a public water supply
authority on the date of this Agreement (i.e., parts of Julian, Descanso, and
Jamul/Dulzura).
d. The total urbanized land area for the Port shall include those urbanized
lands within Port District boundaries. These totals shall be subtracted from
San Diego Regional Stormwater Copermittees MOU - 8 - December 3,200l
I J-
the urbanized land areas of each of the respective Port member cities (San
Diego, Coronado, National City, Chula Vista, and Imperial Beach).
C. DIVISION OF INDIVIDUAL PROGRAM COSTS
During the life of this MOU, it may be necessary or desirable for Copermittees or
groups of Copermittees to enter into agreements for services necessary to fulfil1
Individual Program responsibilities. Determination of costs for these services is
solely the responsibility of participating Copermittees.
V LIFE OF AGREEMENT
A. TERM OF AGREEMENT
The term of this MOU commences on its execution by each and all of the duly
authorized representatives in the County, the Port, and the Cities. The life of the
MOU shall run with the life of the current Permit plus six months, unless the
Copermittees agree to put a revised MOU in place sooner. For purposes of this
paragraph, any permit renewal or replacement after January 2006 shall be
considered a new permit; any earlier amendment of the Permit increasing the
obligations of the Principal Copermittee may at the County’s sole option, be declared
to be a new permit; and the Management Committee shall determine whether any
other earlier amendment to the Permit is of such significance as to effectively be a new Permit.
B. WITHDRAWAL OF COPERMllTEE
1. Participation in this MOU may be withdrawn by any Copermittee for any reason
only after the Copermittee complies with all of the following conditions of
withdrawal:
a. The Copermittee shall notify all of the other Copermittees in writing
90 days prior to its intended date of withdrawal.
b. The withdrawing Copermittee shall have its name deleted as a Coperrnittee
to the Permit.
2. Any expenses associated with withdrawal, including but not limited to, filing and
obtaining the withdrawing Copermittee’s individual NPDES permit and the
amendment of the Permit will be solely the responsibility of the withdrawing
Copermittee.
3. The withdrawing Copermittee shall be responsible for their portion of any shared
costs incurred according to the conditions of this MOU up to the time that each
of the conditions in Section V.B. 1. above has been met.
4. Any monies paid by withdrawing Copermittee in excess of the amount due under
the terms of the MOU shall be refunded to the Copermittee at the time the
withdrawal becomes final as set forth in Section V B.l .a. above.
5. The withdrawing Copermittee shall not be entitled to participate in the division of
proceeds in any reserve fund account, if any, if, and when, the MOU is
dissolved.
San Diego Regional Stormwater Copermittees MOU - 9 - December 3,200 l-
I -2. /
C. NON-COMPLIANCE WITH MOU REQUIREMENTS
Any participant to this MOU found to be in non-compliance with the conditions of this
MOU shall be solely liable for any lawfully assessed penalties resulting from such
non-compliance. Failure to comply with MOU conditions within specified or agreed
upon timelines shall constitute noncompliance with the MOU.
D. AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING
This MOU may be amended only by consent of all Copermittees. No amendment
shall be effective unless it is in writing and signed by the duly authorized
representatives of the Copermittees.
E. GOVERNING LAW
This MOU shall be governed and construed in accordance with the laws of the State
of California. If any provision or provisions 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 thereby.
The headings used throughout this MOU are for convenience only and do not in any
way limit or amplify the terms or provisions of the MOU.
F. CONSENT AND 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 Copermittee to have
waived or consented. Any consent by any Copermittee to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of,
or excuse for any other different or subsequent breach.
G. INDEMNIFICATION
Each party to this MOU (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-compliance with the Permit, and (3) shall enter into agreements with
neighboring wpermittees as necessary to address cross-boundary pollution.
H. APPLICATION OF PRIOR AGREEMENTS
This MOU constitutes the entire Agreement between the parties with respect to the
subject matter; all prior agreements, representations, statements, negotiations, and
undertakings are superseded hereby.
San Diego Regional Stormwater Copermittees MOU - 10 - December 3,200 1
1q
IN WITNESS. THEREOF, this Agreement is e
Date:
San Diego Regional Stormwater Copermittees MOU - 14 - December 3,200l