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Home My WebLink AboutC13361A - 1st Amnd - NPDES Implementation Agmt CITY OF PALM DESERT PUBLIC WORKS STAFF REPORT REQUEST: AUTHORIZE THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM STORMWATER DISCHARGE PERMIT IMPLEMENTATION AGREEMENT SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: June 27, 2013 CONTENTS: Original NPDES Permit Implementation Agreement First Amendment to the NPDES Permit Implementation Agreement Recommendation By Minute Motion, authorize the Mayor to execute the First Amendment to the National Pollutants Elimination Discharge System (NPDES) Stormwater Discharge Permit Implementation Agreement. Backqround As part of the Federal Clean Water Act, public agencies are required to obtain an urban stormwater discharge permit referred to as the NPDES Municipal Separate Storm Sewer System (MS4) to regulate the discharges to the agencies' stormwater systems when conducting construction activities. The City has long been a co-permittee with the Riverside County Flood Control and Water Conservation District (District), the County of Riverside, the Coachella Valley Water District, the City of Banning, and eight other Coachella Valley cities and shares the same NPDES MS4. The third term permit expired on May 21, 2013. Under the third term NPDES MS4 permit, municipalities are required to enter into an Implementation Agreement (Agreement) with the agencies that manage the regional and local .stormwater facilities. The Agreement between the aforementioned co-permittees establishes the responsibilities of each party concerning compliance with the NPDES MS4 permit. On April 24, 2008, the City Council approved the NPDES Permit Implementation Agreement. This agreement designates the District as the lead agency responsible for Staff Report First Amendment to the NPDES Stormwater Discharge Permit Implementation Agreement Page 2 of 3 June 27, 2013 undertaking certain activities and coordinating fulfillment of various requirements of the permit. It also provides for reimbursement to the District for some mutually beneficial programs and administrative costs associated with the development, implementation, and management of the federally mandated NPDES programs. Some of the mutually beneficial programs include: 1) Compliance Assistance Program (CAP) — The requirement for MS4 permittees to inspect commercial and industrial facilities that present a considerable threat to water quality is a Federal requirement. 2) Hazardous Material (HAZMAT) Clean-up — This program has multiple benefits, as clean-up of spills is not just a permit requirement, iYs a public health and safety issue. 3) Monitoring Program — Monitoring is also a Federal requirement for MS4 permittees; no matter who you are, or how small you are, if you've got an NPDES permit, you've got to monitor. 4) Public Education/Outreach — Also a Federal requirement. The District conducts outreach on behalf of all permittees by providing booths at festivals, conducting school presentations, business presentations, partnering with other agencies, and developing and distributing vast amounts of materials to Coachella Valley residents and businesses. 5) Household Hazardous Waste (HHW) — The permittees provide funding for the permanent HHW facility in Palm Springs, and also various temporary HHW collection events held throughout the Coachella Valley each year, to provide residents and businesses with a place to safely dispose of home-generated hazardous wastes. 6) Semi-annual Training — It is a permit requirement to provide training for appropriate staff who will implement aspects of the MS4 permit. 7) General Permit Compliance Activities — Through cost share, the permittees also provide funding for the District to develop, revise and/or submit permit compliance documentation, including: Annual Reports, Report of Waste Discharge (ROWD) when necessary, a region-wide Water Quality Management Plan (WQMP), the Storm Water Management Plan (SWMP), and permit development (as was performed this year). Additionally, the District chairs Desert Task Force meetings, provides regulatory updates, and serves as the permittee's primary point of contact with the Regional Board. Staff Report First Amendment to the NPDES Stormwater Discharge Permit Implementation Agreement Page3of3 June 27, 2013 Although the existing permit has expired, the new NPDES permit is scheduled for public hearing and approval by the California Regional Water Quality Control Board — Colorado River Basin Region (CRWQCB-CRBR) at its June 20, 2013 meeting. The co- permittees have drafted this amendment collectively so that all of the co-permittees can continue the implementation of the requirements of the 2008 permit for one year, or until the date that this amendment is replaced by a new agreement covering implementation of the new permit. Fiscal Analvsis The cost for the stormwater programs administered by the District for the Whitewater River Region NPDES is estimated to be $1,098,140. Based on population, the City's share is approximately $65,076. When the Fiscal Year 2013-14 budget was prepared staff included an estimate of $60,000. Because the District's estimate is not final, staff will address any additional funding needed at mid-year. Please note that the costs for the mandatory programs and services would be considerably higher if the City were to elect not to share costs with other agencies. Prepared � Depart ead: Bo Chen, P. ., City Engineer Mark G wood, P.E. Directo o Public orks CITY COUNCIL ON APPROVED DENiED RECEIVED OTHER MEET G DA ` � ' � Paul S. Gibson, Director of Finance AYES: �� NOES: ABSENT: Ap roval: ABSTAIN: �' "f � VERIFIED BY: Original on File with City( erk's Office n M. Wohlmuth, City Manager � I WHi{�'�; i7tt("�lh ��.i�"I'IS i��'l�l.i.l'EXC;t:'ll"1'E:t�it[?TlittN �. ,I;R�,'S C'4�I'Y ��}Ri�<<:rsi��,:�utii y {�:1c:�k ol the[iu�rct,Sic�p 1�1U f�l�`i��E��,N� ('i�st C1i�iKx fic�;� �t 7 Rivetsids,C'a 925{)?-1147 Th�rzl�' vr�1t. � 2 � Natianal Po(lutant Disch�rge �liminatic�n Systern Stormwater Uisch�trge P�rmit 3 Imptementatiot�Agreement (California Regianal W�ter(?uality ControL F3aard - 4 Calorado River Basin Region) 5 This t�greement, entered inta by th� RIVERSIn� COCTN"I'Y FI,OOD C�NTIZ(7I., 6 AND WA'I'ER CONSF,RVA`CION DISTRIC'T (I��S'E'RIC�f"), the C(7UNTY OF RIVERSIDE 7 (COL7NTY), tlie COACHELLA VAL,LEY WA1'I:R DISTRICT (CVWD), and the CITIFS UF 8 BANNING, CAT�IEDR.AL CI'I'Y, COACHEI,L,A, DES�R:f HOT SPRINCrS, INDIAN WF:I_,L,S, 9 INDIU, LA QUINTA, PALM Z7ESER'T, Pt1I�M SPKINGS and RANCI-IO MIRAUE (CI"I'IES), IU establishes the responsibilities of each party concerning compliance with the National Pollutant ll Discharge Elimination System (NF'I)ES) Municipal Separate Storm Sewer System (MS4) PermiE 12 (NI'DES Permit)issued by the California Regional Water Quality Control Board- Colorado River l3 Basin Region{CRWQC�3-CRB)pursuant to Order Na. O1-077. 14 kECIT'ALS 15 A. W�-IEREAS,Cong�•ess in 1987 added Section 402(p}in the Federal Clea�i Watea• 1G Act(CWA) (33 l�.S.C.�1342(p)); and 17 B. W�-IEREAS, Section 402(p) of the CWA requires certain opeiators of MS4s, 18 industrial faciliti�s a.nd persons cc�nducting cei�tain construction activities to c�btain I�PD�S Permits 19 before�iisc�ar�ing stormwater into t�lvigable waters,and 2� �� C. W.I3EREAS, Section 402(p) fi.trther req�iires tlie Fede��al �nvironmentat 22 Protection Agei�cy(F_,PA)tt�promulgate re�l►lations for NPI)ES Pe�-mit ap�licati�ns; a��d �3 I). WHER;��#S,FPt�promcil�;ated sueh r•egtilations�nd actc��tec�them in Novembei• 24 �990; and 2� E. W�-IEREAS,p�rsunnt to the CWA,FPA l�as delegateci authonty�c��he�'alifornia 2� State Water Resc�urc�s Control Bc�ard(SWRGF3)to administer the N�I�ES�e1•r�ni�process witl�in tlje 27 Sta1e;an�l 2� ��'. VJ}iEI�EAS, SVJRCB has an turn delegated its�1P�ES�erm�tt�r��authori�y tc� -l- �lAR � � �OD� �t. 2 � the Regional Water Quality Control Boards to administer the NPDES I'errnit process within the i 2 boundazies of their respective regions;and 3 G. WHEREAS,DISTRICT and CV WD are authorized to provide for the control of 4 flood and stormwaters within their respective jurisdictions and are empowered to investigate, 5 exa►nine,measure,analyze,study and inspect nnatters pertaining to flood and stormwaters;and 6 H. WH�REAS, on March 9, 2006, DISTRICT, COi1NTY, CVWD and CITIES � reapplied for an area-wide NPDES Pernnit in accordance with the cun•ent NPDES Permit(OrderNo. S 01-077,NPDES No. CAS617002)which expired on September 5, 2006; and 9 I. WHEREAS, it is anticipated that CRWQCB-CRB wiil issue a new NFDES 10 Pe2rnit to DISTRTCT,COLTNTY,CV WD and CITIES on May 2 l,2008 pursuant to Section�402(p) ll ofthe CWA; and 12 J. WHEREAS, the NPDES Permit designates DISTRICT and COUNTY as 13 Principal Permittees and DISTRICT,COUNTY,CVWD and CITIES as Permittees;and 14 K. WHEREAS,DISTRICT,COtJNT'Y,CVWD and CITIES axe to perform and/or � 15 execute certain activities and responsibilities prescribed in the NPDES Permit;and I6 L. WHEREAS, DISTRTCT and COLTNTY, as PRINCTPAL PERMITTEES, are I'7 willing to undertake certain activities in order to facilitate implennentation of the NPDES Pez�mit 18 requirements; and 19 M. WHEREAS,cooperation between DISTRICT,COUNTY,CV WD and CITIFS in 20 the administration and imptennentation of the NPDES Permit and resulting programs and actions is in 21 the best interest of alI parties;and 22 ' N. WHEREAS, DISTRICT established the Whitewater Watershed Benefit 23 Assessment Area(BENEFIT ASSESSMEN�pursuant to DISTRICT Ordinance No. t 4 on May 14, 24 2S 1991 to offset DISTRICT's program and administrative costs associated with the development, 2� impleznentation and management of the Federatly mandated NPDES program and DISTRICT is �� willing to utilize BF,NEFIT ASSESSMENT funds to support DTSTRICT's role as PRINCIPAL 28 PERMITTEE and to support re�ional program costs to the extent BENEFI'I'ASSESSMENT funds � -2- ( � are available. 2 NOW,THEREFORE,the parties hereto do nnutually agree as foIlows: 3 1. NPDES Permit. A true and correct copy of tlze existing NPDES Permit issued to 4 DISTRICT, COLTNTY, CVWD and CITIES by CRWQCB-CRB pursuant to Order No. O1-077 is 5 attached ta this Agreement as Exhibit A and is hereby incarporated by rsference in zts entirety and 6 made a part of this Agreerrtent. Order No. 01-077 will be replaced in 2008 with a new NPDES 7 Permit pursuant ta Order No. R7-2008-0001. This Agreement shall also apply to Order Na. R7- 8 2d08-0001,the contents of which shall be incorporated by reference in its entirety and made a part of 9 this Agreement once Order No. R7-2008-0001 is finally adopted by CRWQCB-CRB. Order Nos. 10 O1-077 and R7-2008-0001 shall each be known as "the NPDES Permit" for the purpose of 11 interpreting this Agreenaent. 12 2. Incor�oration of Federal and State Laws. �111 applicable Federal and State laws 13 and regulations zn effect at the time of issuance af the NPDES Peimit, as then written, and as they 14 nnay be aznended duxing the term of tI�is Agieemen#,shall govern in the event they conflict with any IS provision of this Agreement. I6 3. Delegatian of Responsibilities. The responsibilzties of cach of the parties to this 17 agreement shall6e as follows: 18 A. Public Education Program. DISTRTCT shall conduct public education 19 aetivities on a regianal basis that focus on reducing non-point souree zo poltution within the NPDES Permit area. DISTRTCT shall be reimbursed 21 for its costs by COUNTY,CV WD and CTTIES in accordance with the cost 22 sharing provisions set for�h in Section 4 of this Agreement. 23 B. Monitoring Program. DISTRICT and CVWD shatl perfotm orcoordinate 24 25 sampling of surf'ace water and urban runoff in accordance with the 26 provisions of the NPDES Permit Monitarin� and Reporting Program 27 contained therein. The location of the saxnpling sites (Sites) shall be 28 determined by DISTRICT and CV WD,subjecl to approvai by CRWQCB- -3- � CRB. More specifically: � 2 l. DISTRICT and CVWD shall perform such sampl'zn�for all Sites 3 Iocated within the respective limits of their jurisdictions. 4 DISTRICT and CVWD may implement alternative approaches to 5 sample collection, including use of consultants,reassigning Sites 6 between the agencies, or other alternative approaches that may � ensure impraved permit compliance. Said aiternative approaches g may be implemented upon the mutual agreement of CVWD and 9 DISTRICT. 1� 2. DISTRICT shall reimburse CVWD for all of its costs associated 11 with sample collection and laboratory analysis. 12 3. DISTRICT shall be�•eimbursed by CVWD,COUNTY and CITIES 13 for implementation of the NPDES Permit Monitoring and 14 � Reporting Program in accordance with the cost sharing provisions 15 set forth in Section 4 of this Agreement. 16 C. Consultant's Services and Cooperative Agreements. In the event 17 DISTRICT requires the services of an agency,const�itant or consuttants to 18 implement NPDES program requirements, pi�epare manuals, develop 19 programs or perform studies relevant to the entire permitted area pursuant 20 to this Agreement,the cost of said consultant services shall be shazed by 2l DISTRICT,COUNTY, CVWD and CITIES in accordance wilh the cost 22 sharing provisians set forth in Section 4 of this Agreement. COUNTY, 23 CV WD and CITIES shall be notified in writing of DISTRICT's request for 24 propnsals from consulta.nts, selection of a consultant, consuitant's fee, 25 26 contract timetable and payment schedule,and be allowed the opporiunity Z� ta participate in decisions related to consultant's services 2$ D. Principal Permittee Duties. DIS"I'RICT shall coordinate,implement and, . -4- 1 when required, con#ribute to regional NPDES Permit compliance � activities; establish and update a timifornn data submittal format;prepare 3 annual reports; forward information received from CRWQCB-CRB to 4 COUNTY,CVWD and CITIES; inform COtINTY,CVWD a�zd CITIES 5 of State and Federal regulations pertaining to the MS4; and chair Desert �' Task Force meetings. DIS"I'RIC"I'shall be reiznbursed for said duties by � COUNTY, CV WD and CITIES in accordance with Section 4. Cost g Sharing of this Agreement. � E. Desert T'ask Force. Each Permittee shall designate staffrepresentatives to �p the Desert Task Force ii�writing to DISTRICT. The Desert Task Force �i shall be responsible for coordinatin� regianal NPDES Permit and 12 Monitoring and Reporting Prograrr► complianee aetivities, including 13 related communications with CRWQCB-CRB; updates to this 14 Implementation Agz•eement and carrzplzance with Total Maximum Daily 15 Loads(TMDLs),and other compliance orders issued by CRWQCB-CRB I6 affecting the MS4 Permit, NPDES MS4 Monitoring and Reporting 17 Program and/or the Whitewater River Watershed Municipal Starmwatei• 18 Program Stormwater Management Plan. In additiorz, the Desert Task 19 Force, or sub-committees thereof, slaall be the forum for distribution, 2Q discussion and decision-making of items related to agreements and 21 consultant selection related to regional complia��ce with the NPDES 22 Permit. 23 F. ReguIation a��d Enfarcement. COtTNTY and CITIES shall be responsible 24 for the adoption and enfarcement of their ordinances and regulations 25 within their respective jurisdictions to ensure compliance with the NPDES 26 Permit. This includes the exercise af land use controls, the exercise of 27 �olice powers and the enforcement of ordinances that COLTNTY or 2� � • -5- � CITIES presently have adopted or will adopt in the future, provided, � 2 however, nothing in this Agreement shall be construed as requiring 3 COUNTY or CITIES to exercise such powers,controls or authorities in � any particular manner. 5 G. Inspection of MS4 facilities(consisting primarily of storm sewer pipe and 6 channel infrastructure). DISTRICT,COLTITY,CVWD and CITIES shall � perform reconnaissance surveys oftheir MS4 facilities as required by the g NPDES Permit. Any wet weatl�er or dry weather sampling or field g screening for the reconnaissance surveys shail be the responsibility of �� COtJNTY or CITIES,depending on where the discharge origznates. Each 11 p��ttee shall be responsible for maintaining any records,tables or otl�er �2 data that are needed to support the reporting of the survey results to �3 CRWQCB-CRB. l4 �H. Submittats to CRWQCB-CRB. DISTRICT shall coordinate and submit 15 all required reparts and information related to the regional compliance 16 program to CRWQCB-CRB. COUNTY, CVWD ai3d CITIES shall 1� maintain sufficiently adequate records,information and/or data concerning 18 their program development and implementation activities to enable 19 DISTRICT to provide atl required reports and submittals in a timely 20 manner. COUNTY, CVWD a.nd CITIES shail produce or supply such 21 recards, information and/or data in a reasonable manner upon request of 22 CRWQCB-CRB or DISTRICT. DISTRICT sha�l also keep adequate 23 records,information and/or data concerning its program developm�nt and 24 implementation activities and produce or supply same in a reasonable 25 manner upon request of CRWQCB-CRB. 25 I. Best Ma�lagement Practices (BMPs) and Pro�rams. tJnless otherwise 27 speci�ed in this Agreement,DISTRICT,COLTNTY,CVWD and CITIES � 28 -b- 1 shall be responsible for implementing each of the BMPs and/or other � progeams and activities required by the NPDES Permit in accordance with 3 theic authority. 4 4. Cost Sharin�. Costs fot•services to be performed in accordance with Sections 5 3.A.,3.B.,3.C.and 3.D,of this Agreement shall be sharcd in accordance with the fol(owing formula: 6 IC = {TGDIS`I'RICT-CVWU) x (I�'/"I'P) � Where, g IC = Individual Cost TC= Total Cost 9 DISTRICT = DISTRICT Cost-Shaz•ed Amount CV WD = CV WD Cost-Shared Amount �p IP = In.dividual Population TP = Total Population 11 12 The Total Cost(TC) shall be determined based on the foilowing formula 13 TC= Shared Costs+Credits-Debits 14 Where, 15 Shared Costs =Estimatzon of upcoining fiscal year's cost for services to 16 be performed in accordance with Sections 3.A.,3.B.,3.C.and 3.D 1� of this Agreement. �g Credits=Partion of estimated Shared Costs for the previous fisca! year 19 that were x�ot expended. 20 Debits=Portion of actual Shared Costs whieh exceeded estimated Sha�•ed 21 Costs far the previous fiscaI year-. 22 DISTRICT's sha�c shall be 7%of the Total Cost. 23 CVWD's share shall be 7%of the Total Cost. 24 Tlle population of CITIES shall be based on ihe latest California State Department of �5 Finance population figures issued in May of each year. COUNTY population shall be based on the 26 most current Tax Rafi.e Area{TRA.) infoxmation best fitting the NPDES Permit area.. 27 . 28 -7- 1 Tf DTSTRICT's compliance costs for administering and complying with the NFDES � 2 MS4 Permit and this agreement a��e tess than avaitable BENEFIT ASSESSMENT Revenues for that 3 fiscal year and DISTRICT's BENEFIT ASSESSMENT fund has sufficient reserves,DISTRICT may 4 opt to use the excess BENEFIT ASSESSMENT revenues to offset ihe compliance costs for the 5 portions of COIJNTY and CITIES of BANNING,DESERT HOT SPRINGS,PALM SPRINGS and 6 CATHEDRAL CITY within the BENE�IT ASSESSMENT based on each aforementioned party's � population within the BENEFIT ASSESSMENT AREA. Population shall be based on the most g current TRA. and/or Califoraia Department of Finance information best fitting the BENEFIT 9 ASSESSMENT boundary. 14 5. Term of the Agreement. The term of this Agreement shall commence on the date 11 the last duly authorized representative of DISTRICT,COiJNTY,CV WD oY-CITIES executes it. The �2 Agreement shall remazn in effect until the date that CRWQCB-CRB issues a new NPDES Permit, �3 unless each of the parties withdraws sooner in accordance with the provisians of this Agreement. 14 6. Additional Parties. Any public agez�cy(Agency) which incorporates after the 15 � date of issuance of the NPDES Permit and/or after the date of execution of this Agreement cnay file a 16 written request with Principal Permittees asking to be added as a party. Upon receipt of such a 17 request,Principal Permittees shalt solicit the approval or denial ot'each Pei�rnittee. If a majority of 1& the Permittees,each having ai1e,co-equal vote,approves the addition of the Agency,the Principal 19 Permittees shall ask CRWQCB-CRB to add the Agency to the NPDES Permit as an additiona! 20 Permittee. Once ttze Agency is made an additzonal Permittee to the NPDES Permit,this Agreement 21 shall be amended to reflect the addition,and the Agency shall,thereafter,comply with all provisions 22 of the NPDES Permit and this Agreement. Upon exec�rtion of the amended Agreement,the Agency 23 shall he responsible for the shared costs in accordance with Section 4 of this Agreement for the 24 current and any subsequent fiscal year. 25 7. Withdrawal from the Aereement. Any party may withdraw from this Agreement 26 �o aaYs after giving written notice to the Frincipal Permittees and CRWQCB-CRB. 1'he 27 withdrawing party shall agree in such notice to ftle for a separate NPDES Permit and to comply with � 28 -8- I all of the requirements established by CRWQCB-CRB. Withdrawal frorrt the Ag�•eement shalt Z constitute forfeiture by the withdrawing party of its share af any costs paid as described in Section 4. 3 Cost Sharing,of this Agreement and is eanditioned on the payment of all costs acerued i��accordance 4 with Section 4. Cost Sharing, The withdrawing party shall be responsib(e for all Iawfully assessed S penalties as a consequence of its withdrawai. The cost allocations to the remaining parties shall be � recalcuiated in ttae following fiscat year, in accordance with Sectian 4. Cost Sha��ing. � 8. Nan-compliance with Permit Requirements. Any party found to be in non- 8 compliance with the conditions of the NPDES Permit shall be soleiy liable for any lawfully assessed 9 penalties resulting from such non-coinpliance. Comman or joint penalties shall be calculated and 10 allocated annong the �•esponsible parties as determined by the CRVVQCB-CRB and any related 1� proceedings and accardin�to the formula outlined ii�►Section 4 of this Agreement. 12 9. Amendments Eo tne A�reennent. Except as provided in Section 6,this A�reement 13 may be amended only by consent of all parties to the Agreenneat. No amendnnent to this Agreement 14 shall be effective unless it is in writing and duly signed by the authorized representatives of all 15 parties to the Agreement. 16 10. Authoriz.ed Si�natories. The General Manager-Chief Engineer of DISTRICT, 17 General Manager-Chief Engineer of CVWD, the Executive Officer of COLINTY and the Ciiy 18 Managers of CITIES {or thezr designees} are authorized to execute this Agreement and all 19 amendments hereto, to take ail other pz•ocedural steps necessary to carry out the terms of this 20 Agreement and to file for and obtain an NPDES Permit(s)or amendments thereta 21 1 I. Notices. All notices sl7a(1 be deemed duly given when delivered to the designated 22 Desert Task Porce representative by hand; or three{3)days after deposit in the U.S. Mail,postage 23 prepaid. 24 12. Governin�Law. This fl.greernent shall be governed and construed in accordance 25 with the laws of the State of California. If any provzsion or provisions of this Ag�•eement shall be 26 held to be invalid,illegal or unenforceabie,the validity,iegaiity and enforceability of the remaining 27 2g pravisians shall not in any way be affected or impaired hereby. -9- � 13. Consent to Waiver and Breach. No provision hereof shall be deemed waived and � 2 no breach excused,unless the waiver or breach is consented to in writing and signed by the party or 3 parties affected. Consent by any party to a waiver or breach by any other party shall not constitute 4 consent to any different or subsequent waiver or breach. 5 14. Applicabilitv of Prior A�xeements. This A�reennent and the exhibits attached 6 hereto constitute the entire Agreement between the parties with respect to the subject matter;all prior � agreements, representations, statements, negotiadons and undertakings concerning the NPDES g Permit within the limits of CRWQCB-CRB's jurisdictional area are superseded hereby. 9 15. Execution in Counterparts. This Agreement may be executed and delivered in 1Q any number of counterparts or copies (counterparts) by the pa�rties hereto. When each party has 11 signed and delivered at least one counterpart to the other pa�-ties hereto, each counterpart shall be �2 deenned an original and,taken to�ether,shall constitute one and the same Agreement,which shall be 13 binding and effective as to the parties hereto. 14 /I � 15 // 15 17 18 19 20 21 22 23 z� Zs 26 27 28 � -10- a IN WITNESS WHEREOF, the �arties have caused #his Agreement to be executed as of the � date, the last duly authorized representative executed it. This pgreement will only become � � � effective when fully executed by each of the parties hereto. � }� �o � a N RIVERSIDE COE�NTY FLOOD CONTR(aL ,�p �� RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT � � m� � � �� _ � n � ,, � � �a BY By � w � � WARREN D. WILLIAMS ARION ASFILEY, Chairman � � _ := Genera! Manager-Chief Engineer aivers�c�e Cour�ty Flood Control and Water 5�� Conservation District �S ' U � Board of Supervisors, County of Riverside �� >. � �'�� k=�� r 200� Supervisor, Fifth District � 3 � a�Dated: � � APPROVED AS TO FORM: ATTEST: JOE RANK NANCY ROMER(� Count Counsel Gferk ta �he Board �f• `�., � �, / ,/� / B � B�4..��G��G��'�G��=-'.!"7 Ll/'�'Y� r-y--�',. avid H. K. Huff, Deputy neputy Dated: � J � � �(��i (SEAL) REC MEI�DE APPROVAL: COUNTY OF RIVERSIDE t gy BY LA Y A RI H R W' on, Chairman County Executive Officer a af Supervisors, C nty of Riverside Supervisor, Fourth Di ��t Da#ed: �� RTT�ST: NANCY ROMERO Clerk ta the Board ��2�''-��.�r%i��,� .. Deputy (SEAL) � ��` I ��B 2 � 2�10� � i � IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as of � the date the Iast duly authorized representative executed it. This Agreement will anly become 2 effective when futly executed by each of the parties heret�. 3 RIVERSIDE COUNTY FLOOD CONTROL 4 RECOMMF,NDED FO.R APPROVAL: AND WATER CONSERVATION DISTRICT s sy ��-�-�� %�i�m� gy C��-•'L. 6 WARREN D. WILLIAMS MARION ASHLEY, Chairman General Manager-Chief Engineer Boarc!of Supervisors, Riverside County Flood '7 Control and Water Conservation District g Dated: �� --�_r-�c�i 9 1p APYROVED AS TO FORM: ATTES"T: 11 JOE RANK NANCY RUMERO Co o sel Clerk to the B rd � 12 < �// , 13 By (L.� B . Dav d H. K. Huff, Deputy Deputy � 14 _ � Dated:_ � � � �� (SEAL) 15 i 16 � l? RECOMMENDEll FOR APPROVAL: COUNT RIVER E, 1$ gY BY 1� LARRY PARRISH ROY S ,Ghairman County Execu#ive Offi�er Boar pervisors, County o iverside 20 Dated: 2 i ATTEST: 22 N�1NCY ROMERO 23 Clerk t�t Board 24 � By ' 25 �y 26 (SEAI.j �� JELJ:cw 28 P8/117865 fl2l08/�8 -ll- �la� ;_ �'> 2t1�8 I I."�— APPROwED AS TO FtJRM: COAC ELLA v Y 'TER DIS� T _ � c. - , By ��%� �y ' - - STEVE RQB S �enera!M a r-Chief g�neer BY PE R NELSO Presi�ent j Dated: � �'� � -12- APPRC3VFD AS'I'O FORM: CITY OF RANNING /r' I3y G _ I3y '� City tt ney r tAT�'E5'I': By % ��C.l��-�G��'� Dated: �' /�j-c�� City Cleric -13- APPRUVED AS TO FORM: CITY OF CATHEDRAL CITY BY g�-- ' _ _ __ .-C_ ;-,�_- City Attorney C— Mayor ' ATTES . BY �� Dated: _u�—,,��-•-G�� City Clerk --- APPROVED AS TO FORM: CITY OF COACHELI.,A ByB}' a�-_._---f..__ � c._._-_.� City Attorney � Mayour ATTE : By t Dated: ��D�� lerk -]�- �`�PI'I�C�)VED AS "T'O FORI��(: �C�ITY� E}� D�"SE�T F�OT S NC��S �Y_ ��Gi(�t.�... ��+(�- gy City Attorney �, r � f1T"TEST: BY- C�4_� tZ..+.�a0 Dated: �?'1 t � /t��- .,�'n�nM CityClel'k I -1�i- � APPRC3VED AS TO FORM: CITY OF fND1AN WELLS • By____ � g l� , Y City Attorney Mayor � ATT6ST� BY_ ----- 4� Dated: �� 3 . 2GY��" W C' y lerk � � i � � i ( -]?- APPItUVED AS TO FOT�M: CI'TY C}�INUIE? r--'`�! �"`� � � t�i� ��`--- . �3y C3y_ City Attarney V[ay r E1T'I'ES� � r�� By `--- ��1 Uatecl: � Cit ,lerk . -1 H- 1 APPROVED AS TO FORM: C1TY O�LA QUINTA � � B �� - ��. _ B Y y ity Att rney Mayor ATTEST� . B Dated: v� ��.�_ City Clerk -l9- con��c� rro. C1.33b0A APPROVFD AS T"U FORM: Cl'�'Y O 1'AI.M DESERT /' By / g � /�� ,,,,�,�/ Y ��"'' '" City Attof y �� ' , � � ATT�ST: ;' ' � . ��f�� BY Dated: City Ierk � i i � � -2t1- APPROV TO FORM: CITY OF PALM SPRINGS z '..-�'> J BY By --�--'"�'!.%_✓/ City ttorney � y nager ATTE : �Y Dated: �`� c:s ' ty Cierk APPROVED BY ClTY COUNCIL ��.°�' �—�r--��a'� ; i -21- i � � APPROVEU AS'F�FURM: CITY OF CHf)MIRAG� �� ` - �._. _, By City Attorney,Stev nta�ilia 1VI or,Ro M pos ATTEST: /�J�� BY Dateci:��O e� �t City Clerk,Elena erran � � 22 � � � �� 1 FIRST AMENDMENT TO AGREEMENT 2 National Pollutant Discharge Elimination System Stormwater Discharge Permit 3 Implernentation Agreement 4 (California Regional Water Quality Control Board— Colorado River Basin Region) 5 6 This First Amendment ("First Amendment") to the agreement ("Agreement") entered 7 into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER $ CONSERVATION DISTRICT ("DISTRICT"), the COLJNTY OF RIVERSIDE ("COLJNTY"), the 9 COACHELLA VALLEY WATER DISTRICT ("CVWD"), and the CITIES of BANNING, 10 CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA 11 QUINTA, PALM DESERT, PALM SPRINGS and RANCHO MIRAGE ("CITIES") (individually, 12 "PARTY" and collectively, "PARTIES") to establish the responsibilities of each PARTY 13 concerning compliance with the National Pollutant Discharge Elimination System ("NPDES") I4 Municipal Separate Storm Sewer System (MS4) Permit issued by the California Regional Water 15 Quality Controi Board - Colorada River Basin Region (CRWQCB-CRB) pursuant to Order No. R7- 16 2008-0001 and Order No. O 1-077, is entered into by and between the PARTIES with respect to the 17 following: 1 g RECITALS 19 A. WHEREAS, the CRWQCB-CRB is preparing an NPDES permit to replace 20 Order No. R7-2008-0001, which is scheduled to be adopted by the CRWQCB-CRB on or abaut 21 June 20, 2013 as Order No. R7-2013-0011 or such other numbered order as the CRWQCB-CRB 22 may adopt("Order No. R7-2013-0011"); and 23 B. WHEREAS, the PARTIES wish to amend the Agreement to allow it to govern 24 the responsibilities of the PARTIES under Order No. R7-2008-0001, for as long as Order No. R7- 25 2008-0001 is effective, and under R7-2013-OQl l, at such time as Order No. R7-2013-0011 is 26 effective; and 2? 28 - 1 - 1 C. WHEREAS, the Agreement provides in Section 9 that it may be amended by 2 consent of all PARTIES, provided it is in writing and duly signed by the authorized representatives 3 of all PARTIES. 4 NOW,THEREFORE,the PARTIES hereto do mutually agree as follows: 5 l. Section 1 of the Agreement is deleted in its entirety and replaced by the 6 following: 7 "NPDES Permit. A true and correct copy of the existing NPDES permit issued 8 to the Parties to the Agreement pursuant to Order No. R7-2008-0001 is attached to this Agreement 9 as Exhibit A and is hereby incorporated by reference in its entirety and made a part of this 10 Agreement. Order No. I�7-2008-0001 is intended to be replaced by a new order, referred to 11 hereinafter as "Order No. R7-2013-0011". This Agreement shall also apply to Order No. R7-2013- 12 001 l, the contents of which shall be incorporated by reference in its entirety and made a part of this 13 Agreement upon the effective date of Order No. R7-2013-0011. For the purpose of implementing 14 this Agreement, the term "NPDES Permit" shall mean and refer to Order No. R?-2008-0001 during 15 the time that Order No. R7-2008-0001 is effective, and shall mean and refer to Order No. R7-2013- 16 0011 at such time as 4rder No. R7-2013-0011 is effective."' 17 2. Section 3.B. of the Agreement is deleted in its entirety and replaced by the 18 following: 19 "Monitoring Pro�ram. DISTRICT and CV WD shall perform or coordinate 20 monitoring of surface water and urban runoff in accordance with the provisions of the NPDES 21 Permit Monitoring and Reporting Program contained therein, with the exception of monitoring 22 performed pursuant to the CITY OF COACHELLA'S Quality Assurance Project Plan and 23 Monitoring Plan ("QAPPMP") to address the bacterial indicator Total Maximum Daily Load for the 24 Coacheila Valley Stormwater Channel ("CVSC TMDL"). The location of NPDES Permit sampling 25 sites not part of the CVSC TMDL monitoring program ("Sites") shall be determined by DISTRICT 26 and CVWD, subject to approval by CRWQCB-CRB. More specifically: 27 28 -2 - 1 A. The CITY OF COACHELLA shall be solely responsible for all duties 2 and costs associated with monitoring, analysis and reporting performed 3 pursuant to its QAPPMP and shall be responsible, along with any other 4 Party to this Agreement which may hereafter be named as a responsible 5 party under the CVSC TMDL, to otherwise comply with monitoring 6 requirements under the CVSC TMDL. 7 B. DISTRICT and CVWD shall perform NPDES Permit monitoring for all 8 Sites located within the respective limits of their jurisdictions. 9 DISTRICT and CVWD may implernent alternative approaches to sample 10 collection, including use of consultants, reassigning Sites between the 11 agencies, or other alternative approaches that may ensure improved 12 permit compliance. Said alternative approaches may be implemented 13 upon the mutual agreement of CVWD and DISTRICT. 14 C. DISTRICT shall reimburse CVWD for all of its costs associated with 15 sample collection and laboratory analysis. 16 D. DISTRICT shall be reimbursed by CVWD, COUNTY and CITIES for 17 the costs of its performance of the requirements of this Section, in 18 accordance with the cost sharing provisions set forth in Section 4 of this 19 Agreement." 20 3. Section 3.E of the Agreement is deleted in its entirety and replaced by the � 21 following: 22 "Desert Task Force. Each Permittee shall designate staff representatives to the 23 Desert Task Force in writing to DISTRICT. The Desert Task Farce shall be responsible for 24 coordinating regional NPDES Permit and Monitoring and Reporting Program compliance activities, 25 including related communications with CRWQCB-CRB,updates to this Implementation Agreement 26 and other compliance orders issued by CRWQCB-CRB affecting the NPDES Permit, NPDES MS4 27 Monitoring and Reporting Program and/or the Whitewater River Watershed Municipal Stormwater 28 - 3 - 1 Program Stormwater Management Plan. In addition, the Desert Task Force, or sub-committees 2 thereof, shall be the forum for distribution, discussion and decision-making of items related to 3 agreements and consultant selection related to regional compliance with the NPDES Permit." 4 4. New Section 3.J. is added to the Agreement,to read as follows: 5 "J. Notwithstanding any other provision of this Agreement, all costs, duties and 6 responsibilities associated with compliance with the CVSC TMDL, including without l�mitation,the 7 costs for implementing the QAPPMP and all monitoring, analysis, report preparation and other 8 tasks required for compliance with the CVSC TMDL, shall be the sole responsibility of the CITY 9 OF COACHELLA and/or, as appropriate, any other PARTY to this Agree�nent which may hereafter 10 be added as a responsible party under the CVSC TMDL, and shall not be a shared cost under 11 Section 4 of the Agreement or be the responsibility of any other PARTY to the Agreement." 12 5. Section 5 of the Agreement is deleted in its entirety and replaced by the 13 following: 14 "Term of the Agreement. The term of this Agreement shall commence on the 15 date the last duly authorized representative of DISTRICT, COtJNTY, CVWD or CITIES executes 16 it. The Agreement shall remain in effect until the earlier of one (1) year after the effective date of 17 Order No. R7-2013-0011 or the date this Agreement is replaced by a new agreement covering 18 implementation af Order No. R7-2013-0011." 19 6. Section 14 of the Agreement is deleted in its entirety and replaced by the 20 following: 21 "Applicability of Prior A�reements. This Agreement, the First Amendment and 22 the exhibits attached thereto constitute the entire agreement between the PARTIES to the 23 Agreement with respect to the subject matter thereof; all prior agreements, representations, 24 statements, negotiations and undertakings concerning implementation of the NPDES Perrnit within 25 the limits of CRWQCB-CRB's jurisdictionai area are superseded hereby." 26 7. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with 27 Exhibit A attached to this First Amendment and incorporated herein by reference. 28 -4 - 1 8. Except as amended herein, all other provisions of the Agreement remain in full 2 force and effect. 3 9. This First Amendment shall be effective upon the date the last duly authorized 4 representative of the PARTIES executes it and shall become effective only when fully executed by 5 each PARTY. 6 10. This First Amendment may be executed and delivered in any number of copies 7 (counterparts) by the PARTIES. When each PARTY has signed and delivered at least one 8 counterpart to the other PARTIES, each counterpart shall be deemed an original and,taken together, 9 shall constitute one and the same First Amendment, which shall be binding and effective as to the 10 PARTIES. 11 // 12 // 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ - 5 - 1 IN WITNESS WHEREOF, the PARTIES have caused this First Amendment to be executed 2 as of the date the last duly authorized representative executes it. 3 RIVERSIDE COUNTY FLOOD CONTROL RECOMMENDED FOR APPRO�AL: AND WATER CONSERVATION DISTRICT 4 5 By: By: 6 WARREN D. WILLIAMS MARION ASHLEY, Chairman General Manager-Chief Engineer Board of Supervisors,Riverside County 7 Flood Control and Water Conservation District g Dated: 9 APPROVED AS TO FORM: ATTEST: 10 PAMELA J. WALLS KECIA HARPER-IHEM 11 County.Counsel ,� Clerk to the Board 12 By. VI�,j;y2 ` By: 13 Karm Watts-Bazan, Deputy Deputy 14 Dated: �,� �g L-Q � � (SEAL) 15 16 �COMMENDED FOR APPROVAL: COUNTY OF RIVERSIDE 17 18 By: By: JAY ORR JOHN J. BENOIT, Chairman 19 County Executive Officer Board of Supervisors, County of Riverside 20 Fourth District Dated: 21 ATTEST: 22 KECIA HARPER-IHEM Clerk to the Board 23 24 By: Deputy 25 (SEAL) 26 SEB:cw:bjp P8/153401 27 28 - 6 - 1 APPROVED AS TO FORM: COACHELLA VALLEY WATER DISTRICT 2 3 By' By� JIM BARRETT 4 General Manager—Chief Engineer 5 6 By: 7 JOHN POWELL President 8 9 Dated: 10 11 , 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - � - 1 APPROVED AS TO FORM: CITY OF BANNING 2 3 By' By� City Attorney 4 5 ATTEST: 6 � gy: Dated: City Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 8 - 1 APPROVED AS TO FORM: CITY OF CATHEDRAL CITY 2 3 By' By� City Attorney Mayor 4 5 ATTEST: 6 � By: Dated: City Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9 - 1 APPROVED AS TO FORM: CITY OF COACHELLA 2 3 By: $y: City Attorney Mayor 4 5 ATTEST: 6 ' � $y: Dated: City Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 10 - 1 APPROVED AS TO FORM: CITY OF DESERT HOT SPRINGS 2 3 By; By: City Attorney Mayor 4 5 ATTEST: 6 � By: Dated: City Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 11 - 1 APPROVED AS TO FORM: CITY OF INDIAN WELLS 2 3 By: By: City Attorney Mayor 4 5 ATTEST: 6 � By: Dated: City Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 12 - 1 APPROVED AS TO FORM: CITY OF INDIO 2 3 By: By: City Attorney Mayar 4 5 ATTEST: 6 � By: Dated: City Clerk 8 9 10 11 12 13 14 IS 16 17 1$ 19 20 21 22 23 24 25 26 27 28 - 13 - 1 APPROVED AS TO FORM: CITY OF LA QUINTA 2 3 gy' By. City Attorney Mayor 4 5 ATTEST: 6 � gy; Dated: City Clerk 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 - 14 - 1 APPROVED AS TO FORM: CITY OF PALM DESERT 2 3 By; By: City Attorney Mayor 4 5 ATTEST: 6 � By: Dated: City Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 15 - 1 APPROVED AS TO FORM: CITY OF PALM SPRINGS 2 3 By: By: City Attorney Mayor 4 5 ATTEST: 6 � gy; Dated: City Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 16 - 1 APPROVED AS TO FORM: CITY OF RANCHO MIRAGE 2 3 By' By. City Attorney Mayor 4 5 ATTEST: 6 � By: Dated: City Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 17 -