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HomeMy WebLinkAboutC13360A - RCFC&WCD, CVWD, and other Cities Contract No. C13360A AGREEMENT National Pollutant Discharge Elimination System Stormwater Discharge Permit Implementation Agreement (California Re�ional Water Quality Control Board - Colorado Rivcr Basin Region) This Agreement, entered into by the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD), the COLTNTY OF RIVERSIDE (COUNTY), the COACHELLA VALLEY WATER DISTRICT (CVWD), and the CITIES OF BANNING, CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, IND[O, LA QUINTA, PALM DESERT, PALM SPRINGS and RANCHO MIRAGE (CITIES), establishes the responsibilitics of cach party conccrning compliance with the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit (NPDES Permit) issued by the California Regional Water Quality Control Board - Colorado River Basin Region (CRWQCB-CRB) pursuant to Order No. 01-077. RECITALS A. WHEREAS,Congress in 1987 added Section 402(p)to the Federal Clean Water Act (CWA) (33 U.S.C.§1342(p)); and, B. WHEREAS, Section 402(p) of the CWA requires certain operators of MS4s, industrial facilities and persons conducting certain construction activities to obtain NPDES Permits before discharging storm watcr into navigablc waters; and, C. WHEREAS, Section 402(p) further requires the Federal Environmental Protection Agency(EPA) to promulgate regulations for NPDES Permit applications; and, D. WHEREAS,EPA promulgated such regulations and adopted them in November 1990; and, E. W H EREAS,pursuant to the CWA,EPA has delegated authority to the Cali fornia State Water Resources Control Board(SWRCB)to administer the NPDES Permit process within the State; and, F. WHEREAS, SWRCB has in turn delegated its NPDES permitting authority to -1- Contract No. C13360A the Regional Water Quality Control Boards to administer the NPDES Permit process within the boundaries of their respective regions; and, G. WHEREAS, RCFC&WCD and CVWD are authorizcd to provide for the control of flood and storm waters within their respective jurisdictions and are empowered to investigate, examine, measure, analyze, study and inspect matters pertaining to flood and storm waters; and, H. WHEREAS,on March 9,2006, RCFC&WCD,COUNTY,CVWD and CITIES reapplied for an area-wide NPDES Permit in accordance with the current NPDES Pernlit(Order No. 01-077, NPDES No. CAS617002) which expired on September 5, 2006; and, I. WHEREAS, it is anticipated that CRWQCB-CRB will issue a new NPDES Permit to RCFC&WCD, COUNTY, CVWD and CITIES on May 21, 2008 pursuant to Scction 402(p) of the CWA; and, J. WHEREAS, the NPDES Permit designates RCFC&WCD and COUNTY as Principal Pcrmittees and RCFC&WCD, COUNTY, CVWD and CITIES as Permittees; and, K. WHEREAS, RCFC&WCD, COUNTY, CVWD and CITIES are to perform and/or execute certain activities and responsibilities prescribed in the NPDES Permit; and, L. WHEREAS, RCFC&WCD and COUNTY,as PRINCIPAL PERMITTEES,arc willing to undertake certain activities in order to facilitate implementation of the NPDES Permit requirements; and, M. WHEREAS, cooperation between RCFC&WCD, COUNTY, CV WD and CITIES in the administration and implcmcntation of the NPDES Pennit and resulting programs and actions is in the best interest of all parties; and N. WHEREAS, RCFC&WCD established the Whitewater Watershed Benefit Assessment Area(BENEFIT ASSESSMENT)pursuant to RCFC&WCD Ordinance 14 on May 14, 1991 to offset RCFC&WCD's program and administrative costs associated with the development, implementation, and management of the federally mandated NPDES program and RCFC&WCD is willing to utilize BENEFIT ASSESSMENT funds to support RCFC&WCD's role as PRINCIPAL PERMITTEE and to support regional program costs to the extent BENEFIT ASSESSMENT funds -2- Contract No. C13360A are available. NOW, THEREFORE, the parties hereto do mutually agree as follows: l. NPDES Permit. A true and correct copy of the existing NPDES Permit issued to RCFC&WCD, COUNTY,CV WD and CITIES by CRWQCB-CRB pursuant to Ordcr No.01-077 is attached to this Agreement as Exhibit A and is hereby incorporated by reference in its entirety and made a part of this Agreement. Order No. 01-077 will be replaced in 2008 with a new NPDES permit pursuant to Order No. R7-2008-0001. This Agreement shall also apply to Order No. R7- 2008-0001,the contents of which shall be incorporated by reference in its entirety and made a part of this Agrccmcnt once Order No. R7-2008-0001 is finally adopted by the CRWQCB-CRB. Order Nos. 01-077 and R7-2008-0001 shall cach bc known as "thc NPDES Pern�it" for the purpose of interpreting this Agreement. 2. Incorporation of Federal and State Laws. All applicable Federal and State la�vs and regulations in effect at the time of issuance of the NPDES Permit, as then written, and as they may be amended during the term of this Agreement, shall govern in the evcnt they conflict with any provision of this Agreement. 3. Dele�ation of Responsibilities. The responsibilities of each of the parties to this agrecmcnt shall be as follows: A. Public Education Program. RCFC&WCD shall conduct public education activities on a regional basis that focus on reducing non-point source pollution within the NPDES Permit arca. RCFC&WCD shall be rcimbursed for its costs by COtJNTY,CV WD and CITIES in accordance with the cost sharing provisions set forth in Scction 4 of this Agreement. B. Monitoring Program. RCFC&WCD and CVWD shall perfornl or coordinate sampling of surface water and urban runoff in accordance with ihe provisions of the NPDES Permit Monitoring and Reporting Program contained therein. The location of the samplin� sites (Sites) shall be determined by RCFC&WCD and CVWD, subject to approval by -3- Contract No. C13360A CRWQCB-CRB. More specifically: 1. RCFC&WCD and CVWD shall perform such sampling forall sites locatcd within the respective limits of their jurisdictions. RCFC&WCD and CVWD may implement alternative approaclles to sample collection,including use of consultants,reassigning sites bctwccn the agcncics, or othcr alternative approachcs that may ensure improved permit compliance. Said alternative approaches may be implemented upon the mutual agreement of CVWD and RCFC&WCD. 2. RCFC&WCD shall reimburse CVWD for all of its costs associated with sample collection and laboratory analysis 3. RCFC&WCD shall be reimbursed by the CVWD, COLTNTY and C1T1ES for implementation of the NPDES Permit Monitoring and Reporting Program in accordance with the cost sharing provisions set forth in Section 4 of this Agreemenl. C. Consultant's Services and Cooperative Agreements. In the event RCFC&WCD rcquires the services of an agency,consultant or consultants to implement NPDES program requirements, prepare manuals, develop programs or perform studies relevant to the entire permitted area pursuant to this Agreement, the cost of said consultant services shall be shared by RCFC&WCD, COUNTY, CVWD and CITIES in accordance with the cost sharing provisions set forth in Section 4 of this Agreement. COiINTY, CVWD and CITIES shall be notified in writing of RCFC&WCD's request for proposals from consultants, selection of a consultant,consultant's fee,contract timetable and payment schedule,and be allowed the opportunity to participate in decisions related to consultant's services -4- Contract No. C13360A D. Principal Permittee Duties. RCFC&WCD shall coordinate, implement and, when requircd, contribute to regional NPDES Permit compliancc activitics; cstablish and update a uniform data submittal format; prcparc annual reports; forward infornlation received from RWQCB-CRB to the COUNTY, CVWD and CITIES; inform COUNTY, CVWD and CITIES of state and federal regulations perlaining to the MS4; and chair Descrt Task Force meetings. RCFC&WCD shall be reimbursed for said duties by the COUNTY, CVWD and CITIES in accordance with Scction 4 of this Agreement. E. Desert Task Forcc. Each Permittee shall designate staff representatives to the Desert Task Force in writing to the RCFC&WCD. The Desert Task Force shall be responsible for coordinating regional NPDES Permit and Monitoring and Reporting Program compliance activities, including related communications with the RWQCB-CRB, updates to this Implementation Agreement, and compliance with Total Maximum Daily Loads(TMDLs)and other compliance orders issued by the RWQCB-CRB affecting the MS4 Permit, NPDES MS4 Monitoring and Reporting Program and/or the Whitewater River Watershed Municipal Stonnwatcr Program Stormwater Management Plan. In addition, the Desert Task Force, or sub-committees thereof, shall be the forum for distribution, discussion, and decision-making oC items related to agreements and consultant selection related to regional compliance with the NPDES Pcrmit. F. Regulation and Enforcement. COLTNTY and CITIES shall be responsiblc for the adoption and enforcement of their ordinances and regulations within thcir respective jurisdictions to ensure compliance with the NPDES Permit. This includes the exercise of land use controls, the exercise of -5- Contract No. C13360A police powers and the enforcement of ordinances that COUNTY or CITIES presently have adopted or will adopt in the futurc, provided, however, nothing in this Agreement shall be construed as requiring COUNTY or CITIES to exercise such powers, controls or authoritics in any particular manner. G. Inspection of MS4 facilities(consisting primarily of storm sewer pipe and channcl infrastructure). RCFC&WCD, COLTNTY, CVWD and CITIES shall perform reconnaissance surveys of their MS4 facilities as required by the NPDES Permit. Any wet weather or dry weather sampling or field screening for the reconnaissance surveys shall be the responsibility of the COLTNTY or CITIES,depending on where the discharge originates. Each Permittee shall be responsible for maintaining any records,tables or other data that are nceded to support t11e reporting of the survey results to CRWQCB-CRB. H. Submittals to CRWQCB-CRB. RCFC&WCD shall coordinatc and submit all required reports and information related to the regional compliance program to CRWQCB-CRB. COUNTY, CVWD and CITIES shall maintain sufficiently adequate records,information and/or data concerning their program devclopment and implementation activities to enable RCFC&WCD to provide all reyuired reports and submittals in a timcly manner. COUNTY, CVWD and CITIES shall produce or supply such records, information and/or data in a reasonablc manner upon request of CRWQCB-CRB or RCFC&WCD. RCFC&WCD shall also keep adequate records, information and/or data concerning its program development and implementation activities and produce or supply same in a reasonable manner upon request of CRWQCB-CRB. l. Best Management Practices (BMPs) and Programs. Unless otherwise -6- Contract No. C13360A specified in this Agreement, RCFC&WCD, COUNTY, CVWD and CITIES shall bc responsible for implcmenting each of the BMPs and/or other programs and activities reyuired by thc NPDES Pernlit in accordancc with their authority. 4. Cost sharin�. Costs for services to be performed in accordance with Sections 3.A., 3.B.,3.C. and 3.D of this Agreement shall be shared in accordance with the following formula: IC = (TC-RCFC&WCD-CVWD) x (IP/TP) Whcrc, IC = Individual Cost TC = Total Cost RCFC&WCD = RCFC&WCD Cost-Sharcd Amount CVWD = CVWD Cost-Shared Amount IP = Individual Population TP = Total Population The Total Cost (TC) shall be dctcrmined based on the following formula TC = Sharcd Costs + Credits - Dcbits Where, Shared Costs = Estimation of upcoming fiscal year's cost for serviccs to be performed in accordance with Scctions 3.A., 3.B., 3.C. and 3.D of this Agreement. Credits = Portion of estimated Shared Costs for the previous fiscal year that were not expended. Debits=Portion of actual Shared Costs which exceeded estimated Shared Costs for thc previous fiscal ycar. RCFC&WCD's share shall be 7% of the Total Cost. CVWD's share shall be 7% of the Total Cost. The population of CITIES sliall be bascd on the latest California State Department of Finance population figures issucd in May of each year. COUNTY population shall be based on the most currcnt Tax Rate Area(TRA) infonnation best fitting the NPDES Permit area. -7- Contract No. C13360A If RCFC&WCD's compliance costs for administcring and complying with the NPDES MS4 Permit and this agreement are less than availablc BENEFIT ASSESSMENT Revenues for that fiscal year and RCFCBcWCD's BENEFIT ASSESSMENT fund has sufficient reservcs, RCFC&WCD may opt to use the excess BENEFIT ASSESSMENT revenues to offset the compliance costs for the portions of COUNTY and CITIES of BANNING, DESERT HOT SPRINGS,PALM SPRINGS and CATHEDRAL CITY within the BENEFIT ASSESSMENT based on each aforementioncd party's population within the BAA. Population shall be based on the most current TRA and/or California Department of Finance information best fitting the BENEFIT ASSESSMENT boundary. 5. Term of the Agreement. The term of this Agrcement shall commence on the date the last duly authorized represcntative of RCFC&WCD, COUNTY, CV WD or CITIES executes it. The Agreement shall rcmain in effect until the date that the CRWQCB-CRB issues a ncw NPDES Permit, unless each of the parties withdraws sooner in accordance with the provisions of this Agreement. 6. Additional Parties. Any public agency (Agency) which incorporates after the date of issuance of the NPDES Permit and/or after the date of execution of this Agreement may file a written request with Principal Permittees asking to be added as a party. Upon receipt of such a request, Principal Pern�ittees shall solicit the approval or denial of each Permittee. If a majority of the Permittees, each having one, co-equal vote, approves the addition of the Agency, the Principal Permittees shall ask CRWQCB-CRB to add the Agency to the NPDES Permit as an additional Permittee. Once the Agency is made an additional Permittec to the NPDES Permit,this Agreement shall be amended to re(lect the addition,and the Agency shall,thereafter,comply with all provisions of the NPDES Permit and this Agreement. Upon execution of the amended Agreement,the Agency shall be responsible for the shared costs in accordance with Section 4 of this Agreement for the current and any subsequent fiscal year. 7. Withdrawal from the A�reement. Any party may withdraw from this Agrecment 60 days after giving written notice to thc Principal Permittees and CRWQCB-CRB. The -8- Contract No. C13360A withdra�ving party shall agree in such notice to file for a separate NPDES Permit and to comply with all of the requirements establishcd by CRWQCB-CRB. Withdrawal from the Agreement shall constitute forfeiture by the withdrawing party of its share of any costs paid as described in Section 4. of this Agreement and is conditioned on the payment of all costs accrued in accordance with Section 4. The withdrawing party shall be responsible for all lawfully assessed penalties as a consequence of its withdrawal. The cost allocations to the remaining parlies shall be recalculated in the iollowing fiscal year, in accordance with Section 4. 8. Non-compliance with Permit Requirecnents. Any pariy found to be in non- compliance with the conditions of the NPDES Permit shall be solely liable for any lawfully assessed penalties resulting from such non-compliance. Common or joint penalties shall be calculated and allocated among the responsible parties as determined by the CRWQCB-CRB and any related procecdings and according to the formula outlined in Section 4 of this Agreement. 9. Amendmcnts to the A�reement. Except as provided in Section 6,this Agrecment may be amended only by consent of all parties to the Agreement. No amendment to this Agreement shall be effective unless it is in writing and duly signed by the authorized representatives of all parties to the Agrccment. 10. Authorized Signatories. The General Manager-Chief Engineer of RCFC&WCD, General Manager-Chief Engineer of CVWD, the Exccutive Officer of COUNTY and the City Managers of CITIES (or their designees) are authorized to exccute this Agreement and all amendments hereto, to take all other procedural steps necessary to carry out the tern�s of this Agrecment and to file for and obtain an NPDES Pern�it(s) or amcndments thereto. 11. Notices. All�lotices shall be deemed duly given when delivered to the designated Desert Task Forcc representative by hand; or thrce (3) days after dcposit in the U.S. Mail, postage prepaid. 12. Governin�Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceablc,the validity, legality and enforccability of thc remaining -9- Contract No. C13360A provisions shall not in any way be affected or impaired hereby. 13. Consent to Waiver and Brcach. No provision hereof shall be decmed waived and no breach excused, unless the waiver or breach is consented to in writing and signed by the party or parties affected. Consent by any party to a waiver or breach by any other party shall not constitute consent to any different or subsequent waiver or breach. 14. Applicabilitv of Prior A�reements. This Agreement and the exhibits attached hereto constitute the entire Agreement between the parties with respect to the subject matter;all prior agreements, representations, statemcnts, negotiations and undertakings concerning the NPDES Permit within the limits of CRWQCB-CRB's jurisdictional area are superseded hereby. 15. Execution in Countetparts. This Agreement may be executed and delivered in any number of counterparts or copies (counterparts) by the parties hereto. When each pariy has signed and delivered at least one counterpart to the other parties hereto, each counterpart shall be deemed an original and,taken together,shall constitute one and the same Agreement,which shall be binding and effectivc as to the parties hereto. // -10- Contract No. C13360A IN WITNESS WHEREOF,the parties have caused this Agrccment to be executed as of the date thc last duly authorized representativic executed it. This Agreement will only become effective when fully executcd by each of the parties hereto. RIVERSIDE COUNTY FLOOD CONTROL RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT By By WARREN D. WILLIAMS MARiON ASHLEY, Chairman General Manager-Chief Engineer Board of Supervisors, Riverside County Flood Control and Water Conservation District Dated: APPROVED AS TO FORM: ATTEST: JOE RANK NANCY ROMERO County Counsel Clerk to the Board By By David H. K. Huff, Deputy Deputy Dated: (SEAL) RECOMMENDED FOR APPROVAL: COUNTY OF RIVERSIDE By By LARRY PARRISH JOHN TAVAGLIONE, Chairman County Executive Officer Board of Supervisors, County of Riverside Dated: ATTEST: NANCY ROMERO Clcrk to the Board By Deputy (SEAL) JEU:pIn p8�xxxxxx 11/02/07 -1 l- Contract No. C13360A APPROVED AS TO FORM: COACHELLA VAI,I,EY WATER DISTRICT By By STEVE ROBBINS General Manager-Chief Engineer By PETER NELSON President Dated: -12- Contract No. C13360A APPROVED AS TO FORM: CITY OF BANNING By By City Attorney Mayor ATTEST: By Datcd: City Clerk -13- Contract No. C13360A APPROVED AS TO FORM: CITY OF CATHEDRAL CITY BY BY City Attorney Mayor ATTEST: By Datcd: City Clerk -14- Contract No. C13360A APPROVED AS TO FORM: CITY OF COACHELLA By By City Attorney Mayor ATTEST: By Dated: City Clerk -15- Contract No. C13360A APPROVED AS TO FORM: CITY OF DESERT HOT SPRINGS By By City Attorney Mayor ATTEST: By Datcd: City Clerk -16- Contract No. C13360A APPROVED AS TO FORM: CITY OF INDIAN WEI,[�S By By City Attorney Mayor ATTEST: By Dated: City Clerk -17- Contract No. C13360A APPROVED AS TO FORM: CITY OF INDlO By By City Attorney Mayor ATTEST: By Dated: City Clerk -18- Contract No. C13360A APPROVED AS TO FORM: CITY OF LA QUINTA By By City Attorney Mayor ATTEST: By Dated: City Clerk -19- Contract No. C13360A APPROVED AS TO FORM: CITY OF PAI,M DESERT By By City Attorney Mayor ATTEST: By Dated: City Clcrk -20- Contract No. C13360A APPROVED AS TO FORM: CITY OF PALM SPRINGS By By City Attorney Mayor ATTEST: By Dated: City Clerk -21- Contract No. C13360A APPROVED AS TO FORM: CITY OF RANCHO MIRAGE By By City Attorney Mayor ATTEST: By Dated: City Clerk -22-