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HomeMy WebLinkAbout1992-059RESOLUTION N0. 92-59 n u 1C 1] li 1` 19 1~ lE li IF if 2( 2] 2`e 2c 29 2P 2E 2i 2F RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PERMIT IMPLEMENTATION AGREEMENT - SANTA ANA REGION, WITH THE COUNTY OF SAN BERNARDINO, THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, AND CITIES THAT ARE CO-PERMITTEES UNDER THE NPDES PERMIT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement - Santa Ana Region, with the County of San Bernardino, the San Bernardino County Flood Control District and cities that are co-permittees under the NPDES Permit. SECTION 2. This agreement and any amendment or modification thereto shall not take effect or become operative until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. This resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / //// / / / / / / / / / / / / 1-28-92 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 RESO: AUTHORIZING .AGREEMENT WITH COUNTY OF SAN BERNARDINO, COUNTY FLOOD CONTROL DISTRICT, AND, CO-PERMITTEES UNDER NPDES PERMIT RELATIVE TO DISCHARGE OF STORMWATERS. 92-59 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 17tt, day of February , 1992, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x REILLY x HERNANDEZ x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x Ra e~K asney~~~erk The foregoing resolution is hereby approved this day o f February 19 9 2 . ~~~ ~lL/ Valerie Pope-Ludlam, Mayor Pro em City of San B rnardino Approved as to form and legal content: James F. Penman City Attorney By >~.r,-_ - z - City of San Bernardino Res. 92-59 i National Pollutant Discharge Elimination System 2 Stormwater Permit Implementation Agreement 3 Santa Ana Region 4 g /~~.~ 6 This AGREEMENT entered into as of this / 7fi~ day of ~~~~~~ -i~Y by 7 the County of San Bernardino, (herein called the COUNTY), the San Bernazdino C unty Flood 8 Control District (herein called the DISTRICT) and the Cities of Big Beaz Lake, Chino, Chino 9 Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho 0 Cucamonga, Redlands, Rialto, San Bernardino, Upland & Yucaipa (herein called the CITIES) 1 establishes the responsibilities of each party with respect to compliance with National Pollutant 2 Discharge Elimination System (NPDES) Stormwater regulations administered by the California 3 Regional Water Qualility Control Board (RWQCB, SAR) by the authority granted by tfie Clean 4 Water Act (CWA) and its 1987 amendments and the Water Quality Act (WQA). RECITALS Whereas Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 1342(p)) to require the federal Environmental Protecrion Agency to promulgate regulations for applications for permits for Stormwater dischazges; and Whereas These permit regulations will require the control of pollutants from Stormwater discharges by requiring a National Pollutant Discharge Elimination System (NPDES) Permit for the discharge of stormwaters into waters of the United States; and Whereas These EPA regulations will require NPDES permits for dischazges from municipal storm sewers on a system-wide or jurisdiction-wide basis; and Whereas The Legislature, in enacting the San Bernardino County Flood Control Act, created the San Bernardino County Flood Control District to provide for the control of flood and stone waters; and Whereas The Powers granted to the DISTRICT include carrying on technical and other investigations, examinations, or tests of all kinds, making measurements, collecting data, and making analyses, studies, and inspections pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, waste, and contamination of water both within and without the DISTRICT; and Whereas The CITIES, the COUNTY and the DISTRICT desire to develop an integrated Stormwater discharge management program with the objective of improving water quality in the County of San Bernardino; and Whereas The California State Water Resources Control Boazd (CSWRCB) as designee of the EPA has delegated authority to the Regional Water Quality Control Board-Santa Ana Region (RWQCB, SAR) for administration of the NPDES Storm Water permit application process withiA the 92-59 5 2 boundaries of their Regions; and 53 5 4 Whereas, 5 5 The RWQCB, SAR issued NPDES Pernut Number 8000200 on October 19, 1990 for the ~ ~ regulation of stormwaters; $ 8 Whereas 5 9 The DISTRICT, COUNTY and CITIES have been designated as co-permittees by the G 0 RWQCB, SAR; and G1 6 2 Whereas 6 3 The DISTRICT has been designated as the Principle Permittee in the NPDES Permit; and 64 6 5 Whereas 6 6 The COUNTY and the CITIES has been designated as the Co-Permittees in the NPDES 6 7 Permit; and 68 6 9 Whereas 70 Cooperation between the CITIES, the COUNTY and the DISTRICT to jointly file 71 applications for NPDES Storm water permits is in the best interests of the CITIES, the COUNTY 72 and the DISTRICT; 73 7 4 NOW THEREFORE, the parries hereto do mutually agree as follows: 75 76 I. Filine Status. The COUNTY, DISTRICT and CITIES will file the applications for 77 storm water permits as co-permittees. The COUNTY, the DISTRICT and each 7 8 individual City will be a co- permittee. 79 8 0 II. Incorporation 9f Federal Re lations. The terms of all applicable Federal and State 8 1 guidelines, as presently written or as changed during the life of this agreement are 8 2 hereby incorporated by reference and made a part of this AGREEMENT and take 8 3 precedence over any inconsistent terms of this agreement. 84 8 5 III. DeleEation ~ Responsibilities. The responsibilities of each of the parries shall be as 8 6 follows: 87 8 8 A. The DISTRICT, on a cost-shared basis, shall administer system compliance 8 9 by: 90 91 1. Preparing and implementing an annual operating budget. The 92 budget year shall coincide with the fiscal year of the DISTRICT, 9 3 July 1 -June 30. 94 9 5 a. The participants shall be permitted to review and approve the 9 6 annual operating budget for the forthcoming yeaz. Criteria 97 for approval shall be an affirmative response fmm a majority 98 of the co-permittees. The review period shall be from 9 9 November 1 to November 30 of each year with approval of 10 0 the final budget to be completed by December 15. 101 10 2 2. Preparing compliance reports to the Regional Board and providing 10 3 copies to the co-permittees. 92-59 3. Preparing a draft system-wide Best Management Practices (BMP) Program report for review and approval by the co-pemvttees. 4. Monitoring the implementation and ensuring the effectiveness of system-wide BMPs. This will include field reconnaissance to evaluate structural and procedural BMPs. 5. Preparing an annual report to the RWQCB, SAR presenting the results of these evaluations. B. The DISTRICT shall, to the maximum extent practicable and on a cost- shared basis except in pazagraph 4 below, 1. Perform the water quality and hydrognphic monitoring for permit compliance. 2. Administer the water pollution control program by enforcing the San Bernazdino County Water Pollution Ordinance. 3. Develop uniform criteria for annual inspection of drainage facilities. 4. Perform inspections, at no cost to the CITIES or the COUNTY, on those facilities owned by the DISTRICT. Contract, for such inspections within the CITIES or COUNTY may be undertaken at the sole expense of the requesting city or county. C. The CITIES shall, to the maximum extent practicable and at no cost to COUNTY or DISTRICT, Implement a facility inspection program in accordance with the uniform criteria developed by the DISTRICT, for all municipal sepazate storm sewers as defined by the NPDES permit and within the jurisdictional boundaries of that city. Submit to the DISTRICT on an annual basis, storm drain maps which reflect the modifications that were made to the storm drain system during the past yeaz. Prepare watershed characterizations, including: a. Zoning Designations and b. Identification of azeas where hazardous materials presently are or are suspected to have been stored, manufactured or disposed of. This shall include sites at which a hazazdous material spill has occurred. Review, approve, and implement system-wide BMPs. Eliminate or have eliminated, illegaUillicit connections to the storm drain system. Identify the legal authority for control of discharges to the storm drain system. 92-59 7. Provide to the DISTRICT annual reports (on forms provided by the DISTRICT) and any other information, in a timely fashion, needed to satisfy annual reporting requirements of the RWQCB, SAR. 8. Adopt and enforce, or name DISTRICT as enforcer of a water pollution control ordinance, which prohibits non-NPDES permitted dischazges to the municipal separate storm sewer system. D. The COUNTY shall, to the maximum extent practicable and at no cost to the CITIES or the DISTRICT, undertake in the unincorporated azeas of the COUNTY, all activities required above of the CITIES that are not responsibilities of the DISTRICT as outlined in Section III.B. IV. program Costs. The responsibilities for payment of all shazed costs of equipment, services, contracted analytical services, and the cost of the NPDES Permit, shall be distributed among the DISTRICT, COUNTY and CITIES as follows: Particjpant Percent Contribution DISTRICT 5 CITIES + COUNTY 95 Using the COUNTY'S Geographical Information System, the DISTRICT will deternrine the adjusted acreage for each CITY and the COUNTY from the land use, area, and run-off coefficients as contained in Appendix A on an annual basis. National forests, state pazks, airports, landfills, and military installations are excluded. These calculations shall be completed by November 1 of each year and shall be included in the annual budget proposal. The total of shared costs shall not exceed ($ )for the first year of the program. A deposit which constitutes a shaze percentage according to Appendix A of the total anticipated first year costs shall be required of each city. The DISTRICT shall send an invoice for the deposit to each city and the county within 15 days of all parties signing this AGREEMENT. Each city and the county shall pay the deposit within 45 days of the date of the invoice. If at any time during a given fiscal year the program costs exceed the sum of the deposits, the DISTRICT shall submit invoices to the CITIES and the COUNTY to recover the deficit. The share for each city shall be prorated according to the forrrrula above. Each city and the county shall pay the invoice within 45 days of the billing date. The DISTRICT shall prepaze a fiscal year end accounting within 60 days of the end of each fiscal yeaz. If the fiscal year end accounting results in costs exceeding the sum of the deposits (including interest earnings), the DISTRICT shall invoice each city and the county for its prorated share of the excess cost. Each city and the county shall pay the billing within 45 days of the date of the invoice. If the fiscal yeaz end accounting results in the sum of the deposits (including interest earnings) exceeding costs, the excess deposits will carry forward to reduce the billings for the following year. 92-59 210 After the initial billing for the program, the DISTRICT shall invoice each city and 2 I 1 the county for its annual deposit after July 1, the start of the fiscal yeaz. Each city 212 shall pay the deposit within 45 days of the date of the invoice. Each city's deposit 213 shall be based on their prorated shaze of the approved annual budget, reduced for 214 any surplus identified in the prior fiscal yeaz end accounting. 215 216 Interest earned on the CITIES and the COUNTY deposits will not be paid to the 2 17 CITIES and the COUNTY, but will be credit against the CITIES and the 218 COUNTY's share of the program costs. 219 220 Upon termination of the program a final accounting shall be performed by the 22 1 DISTRICT. If costs exceed the sum of the deposits (including interest earnings), 2 2 2 the DISTRICT shall invoice each city and the county for its prorated share of the 2 2 3 excess. Each city and the county shall pay the invoice within 45 days of the dated 2 2 4 of the invoice. If the sum of the deposits (including interest earnings) exceed the 2 2 5 costs, the COUNTY shall reimburse to each city and the County its prorated shaze 2 2 6 of the excess, within 45 days of the final accounting. Interest earnings are used to 227 offset the CITIES and the COUNTY'S share of program costs and will not be 2 2 8 refunded to the CITIES and the County. 229 2 3 0 Each city and the COUNTY shall bear the financial responsibility for implementing 23 1 the Program, within its jurisdictional boundaries, as outlined in Section III.C and 232 D. 233 2 3 4 The annual fee for the NPDES Permit and the annual administrative costs incurred 2 3 5 by the DISTRICT shall be included in the total cost and paid according to Section 2 3 6 Nand Appendix A. 237 2 3 8 The financial responsibility for this agreement will be effective beginning with the 2 3 9 1992/93 fiscal year. 240 2 41 V. Life of the AGREEMENT. The life of the AGREEMENT shall be for an indefinite 242 period and such indefinite period shall end at such time as the Clean Water Act 2 4 3 and/or the RWQCB, SAR ceases to mandate compliance. 244 2 4 5 VI. Additional Parties. Any city or other entity which wishes to be a co-permittee on 246 the San Bernardino County Stormwater NPDES Permit that was issued by 247 RWQCB, SAR shall agree to the provisions in this funding agreement and shall 2 4 8 sign this agreement prior to being included in the permit. The date of initiation, for 2 4 9 determining participant costs for any new co- pemrittee shall be the date of inclusion 250 in the San Bernardino County Stormwater NPDES Permit issued by RWQCB, 25 1 SAR. The Cost for adding any additional co-permittee to the program, including 2 5 2 additional permit and processing fees, shall be paid by the added co-permittee. 2 5 3 Monies, if any, to be reimbursed to the existing co-permittees shall be credited to 2 5 4 their respective annual program operating fees for the following budget year. 255 256 VII. Withdrawal from the AGREEMENT. A participant may withdraw from this 2 57 agreement at the end of any fiscal year with written notice being received by the 2 5 8 DISTRICT 90 days prior to the end of the fiscal yeaz. The withdrawing participant 2 5 9 shall agree to file for a separate NPDES permit and to comply with all of the 2 6 0 requirements established by the RWQCB, SAR. The withdrawing participant shall 26 1 be responsible for all lawfully assessed penalties as a consequence of withdrawal. 2 6 2 The cost allocations to the remaining members will be recalculated in the following 2 6 3 budget year. 92-59 264 2 6 5 VIII. Non-comnliance with NPDES Permit Requirements. Any participant found in non- 266 compliance with the conditions of the NPDES permit within their jurisdictional 267 responsibilities shall be solely liable for any lawfully assessed penalties, pursuant to 2 6 8 Section 13385 of the Water Code. Penalties that apply to all the permittees shall be 2 6 9 assessed according to the formula in Appendix A. 270 271 IX. Legal Action/Costs/Attorney Fees. Where any legal action is necessary to enforce 272 any provision hereof for damages by reason of an alleged breach of any provisions 273 of this AGREEMENT the prevailing party shall be entitled to receive from the 274 losing party all litigation and collection expenses, administrative costs, witness fees 27 5 and court costs. 276 277 X. Amendments to the AGREEMENT. This AGREEMENT may be amended by 27 8 consent of atwo-thirds majority of the co-permittees (rounded to the nearest whole 279 number). Amendments to this Agreement may be adopted and executed 2 8 0 concuaently, and shall become effective upon its execution by a majority of the co- t 8 1 permittees as defined above. 282 2 8 3 XI. Authorized Signatories. Each permittee and co-pemuttee will determine by either 2 8 4 resolution or ordinance who will be the authorizing signatory. This person shall be 2 8 $ authorized to execute the application(s) for NPDES Stormwater permit(s) and take 28G all other procedural steps necessary to file the application(s) for IvTPDES 287 Stormwater permit(s). 288 289 XII. Notices. All notices shall be deemed duly given if delivered by hand; or five (5) 2 9 0 working days after deposit in the U.S. Mail, certified mail, return receipt requested. 291 292 XIII. Governing Law. This AGREEMENT will be governed and construed in 2 9 3 accordance with laws of the State of California, If any provision or provisions of 2 9 4 this AGREEMENT shall be held to be invalid, illegal or unenforceable, the validity, 2 9 5 legality and enforceability of the remaining provisions shall not in any way be 2 9 6 affected or impaired hereby. 297 298 XIV. Consent to Breach not Waiver. No term or provision hereof shall be deemed 2 9 9 waived and no breach excused, unless such waiver or consent shall be in writing 300 and signed by any permittee to have waived or consented. Any consent by any 30 1 permittee to, or waiver of, a breach by the other, whether expressed or implied, 302 shall not constitute a consent to, waiver of, or excuse for any other different or 3 0 3 subsequent breach. 304 305 XV. Ap,R]jcability of Prior Agreements. This document constitutes the entire 306 AGREEMENT between the co-pemuttees with respect to the subject matter; all 307 prior agreements, representations, statements, negotiations and undertakings aze 3 0 8 superseded hereby. 309 3 10 XVI. Execution of the AGREEMENT. This AGREEMENT may be executed in 3 1 1 counterpart and the signed counterparts shall constitute a single instrument. AGREEMENT: STORMWATER DISCHARGES 92-59 312 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and yeaz first 313 above written. 314 31$ PLEASE INSERT YOUR AGENCY'S STANDARD SIGNATURE PAGE. CITY OF SAN BERNARDINO, a municipal corporation ,~/ ~ ATTEST: City of Sin Bernardino Rac el Krasney, City erk Approved as to form and legal content: James F. Penman City Attorney By ir.., ~ "~'~ 7 92-59 APPENDIX A The following fotmula will be used by the District to determine the share costs as required in the "National Pollutant Dischazge Elimination System Stotmwater Permit Implementation Agreement, Santa Ana Region", Section N. Total Pmgtam Costs will be determined by the DISTRICT and allocated to the CITIES and the COUNTY by the following formula: A ~* x (annual cost x 0.95) =Agency's Contribution Total AA** AA -Adjusted Acreage * -Each agency as listed below ** -Total adjusted acreage Agency: County of San Bernazdino Cities of: Big Beaz Lake Chino Chino Hills Colton Fontana Grand Terrace Highland Loma Linda Montclair Ontario Rancho Cucamonga Redlands Rialto San Bernazdino Upland Yucaipa 2. The Agency Adjusted Acreage will be determined by the DISTRICT using the following formula: [(Ilu 1 -Ulu 1) x Clu ll + [(Ilu 2 -Ulu 2) x Clu 2] + ...+[(U 1 - 13) x C] _ Adjusted Acreage I - Improved acreage for each landuse as defined below U - Unimptnved acreage for each landuse as defined below lu - landuse as defined in the following table C - Runoff coefficient as derived from the San Bernazdino County Hydrology Manual 92-59 Appendix A (continued) Landuse Formula Desi nation Runoff Coefficient (C) mgle amply Residential .5 acre lots lu 1 .57 1 acre lots lu 2 •6 2 dwe lingslacre lu 3 '~ - dwellings/acre lu 4 5-7 dwellings acre lu 5 .71 -1 dwe ngs acre lu 6 •7 >10 dwellingslacre lu 7 •791 ult~ple amity Residential Condomutiums lu 8 0.745 Apartments lu 9 0.791 ob~le ome arks lu 10 0.77 Commercial, owntown Business or Industrial lu 11 0.820 chool lu 12 0.699 Public ark lu 13 0.594 ndeveloped U 1-13 .547 Reference: San Bernardino County Hydrology Manual C I T Y O F S A N B E R N A R D I N O INTEROFFICE MEMORANDUM CITY CLERK'S bFFICE DATE: February 20, 1992 T0: Roger Hardgrave, Director of Public Works/City Engineer FROM: Rachel Krasney, City Clerk SUBJECT: Transmittal of executed resolution and agreement COPIES: Patty Aguilera Attached are the following documents: Executed copies of Resolution No. 92-59 and two executed agreements. Please forward the second executed agreement to the appropriate parties involved. I hereby acknowledge receipt of the above mentioned documents. Signed: ~e--R.1~J Dated: ~- - ~-! - q 2. By: ~ ;72'e-cis Rachel Krasney City Clerk RR:mav National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement Santa Ana Region 4 5 6 This AGREEMENT entered into as of this day of 1991 by 7 the County of San Bernardino, (herein called the COUNTY), the San Bemardino County Flood 8 Control District (herein called the DISTRICT) and the Cities of Big Bear Lake, Chino, Chino 9 Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho 10 Cucamonga, Redlands, Rialto, San Bernardino, Upland & Yucaipa (herein called the CITIES) 1 1 establishes the responsibilities of each party with respect to compliance with National Pollutant 12 Discharge Elimination System (NPDES) Stormwater regulations administered by the California 13 Regional Water Qualillty Control Board (RWQCB, SAR) by the authority granted by the Clean 14 Water Act (CWA) and its 1987 amendments and the Water Quality Act (WQA). t5 16 RECITALS 17 18 Whereas 19 Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 20 1342(p)) to require the federal Environmental Protection Agency to promulgate regulations for 21 applications for pemrits for stormwater discharges; and 22 2 3 Whereas 2 4 These permit regulations will require the control of pollutants from Stormwater discharges 2 5 by requiring a National Pollutant Dischazge Elimination System (IvTDES) Permit for the discharge 2 6 of stormwaters into waters of the United States; and 27 28 Whereas 29 These EPA regulations will require NPDES permits for discharges from municipal storm 3 0 sewers on a system-wide or jurisdiction-wide basis; and 31 3 2 Whereas 3 3 The Legislature, in enacting the San Bernardino County Flood Control Act, created the San 3 4 Bemazdino County Flood Control District to provide for the control of flood and storm waters; and 35 3 6 Whereas 37 The Powers granted to the DISTRICT include carrying on technical and other 38 investigations, examinations, or tests of all kinds, making measurements, collecting data, and 39 making analyses, studies, and inspections pertaining to water supply, control of floods, use of 40 water, water quality, nuisance, pollution, waste, and contamination of water both within and 41 without the DISTRICT; and 42 43 Whereas 4 4 The CITIES, the COUNTY and the DISTRICT desire to develop an integrated Stormwater 4 5 discharge management program with the objective of improving water quality in the County of San 46 Bernardino; and 47 48 Whereas 49 The California State Water Resources Control Boazd (CSWRCB) as designee of the EPA 5 0 has delegated authority to the Regional Water Quality Control Boazd-Santa Ana Region (RWQCB, 5 1 SAR) for administration of the NPDES Storm Water permit application process withiA the 5 2 boundaries of their Regions; and 53 5 4 Whereas, 5 5 The RWQCB, SAR issued NPDES Permit Number 8000200 on October 19, 1990 for the 5 6 regulation of stormwaters; 57 5 8 Whereas 5 9 The DISTRICT, COUNTY and CITIES have been designated as co-permictees by the 60 RWQCB, SAR; and 61 6 2 Whereas 6 3 The DISTRICT has been designated as the Principle Permittee in the NPDES Permit; and 64 6 5 Whereas 6 6 The COUNTY and the CITIES has been designated as the Co-Permittees in the NPDES 6 7 Pemut; and 68 6 9 Whereas 7 0 Cooperation between the CITIES, the COUNTY and the DISTRICT to jointly file 71 applications for NPDES Storm water permits is in the best interests of the CITIES, the COUNTY 7 2 and the DISTRICT; 73 74 NOW THEREFORE, the parries hereto do mutually agree as follows: 75 76 I. ilin Status. The COUNTY, DISTRICT and CITIES will file the applications for 77 storm water permits as co-permittees. The COUNTY, the DISTRICT and each 7 8 individual City will be a co- petmittee. 79 8 0 II. Incorooraaon ~ Federal Regulations. The terms of all applicable Federal and State 8 1 guidelines, as presently written or as changed during the life of this agreement are 8 2 hereby incorporated by reference and made a part of this AGREEMENT and take 8 3 precedence over any inconsistent terms of this agreement. 84 8 5 III. Delegation Qf RecDOnsibilities. The responsibilities of each of the parries shall be as 8 6 follows: 87 8 8 A. The DISTRICT, on a cost-shared basis, shall administer system compliance 8 9 by: 90 91 1. Preparing and implementing an annual operating budget. The 9 Z budget yeaz shall coincide with the fiscal yeaz of the DISTRICT, 9 3 July 1 -June 30. 94 9 5 a. The participants shall be permitted to review and approve the 96 annual operating budget for the forthcoming year. Criteria 9 7 for approval shall be an affirmative response from a majority 9 g of the co-permittees. The review period shall be from 9 9 November 1 to November 30 of each year with approval of 10 0 the final budget to be completed by December 15. 101 10 2 2. Preparing compliance reports to the Regional Board and providing 10 3 copies to the co-permittees. Preparing a draft system-wide Best Management Practices (BMP) Program report for review and approval by the co-pemvttees. 4. Monitoring the implementation and ensuring the effectiveness of system-wide BMPs. This will include field reconnaissance to evaluate structural and procedural BMPs. Preparing an annual report to the RWQCB, SAR presenting the results of these evaluations. B. The DISTRICT shall, to the maximum extent practicable and on a cost- shared basis except in paragraph 4 below, Perform the water quality and hydrognphic monitoring for permit compliance. Administer the water pollution control program by enforcing the San Bernardino County Water Pollution Ordinance. Develop uniform criteria for annual inspection of drainage facilities. Perform inspections, at no cost to the CITIES or the COUNTY, on those facilities owned by the DISTRICT. Contract, for such inspections within the CITIES or COUNTY may be undertaken at the sole expense of the requesting city or county. C. The CITIES shall, to the maximum extent practicable and at no cost to COUNTY or DISTRICT, Implement a facility inspection program in accordance with the uniform criteria developed by the DISTRICT, for all municipal separate storm sewers as defined by the NPDES permit and within the jurisdictional boundaries of that city. Submit to the DISTRICT on an annual basis, storm drain maps which reflect the modifications that were made to the storm drain system during the past year. Prepare watershed characterizations, including: a. Zoning Designations and b. Identification of azeas where hazardous materials presently are or are suspected to have been stored, manufactured or disposed of. This shall include sites at which a hazardous material spill has occurred. Review, approve, and implement system-wide BMPs. Eliminate or have eliminated, illegaUillicit connections to the storm drain system. 6. Identify the legal authority for control of discharges to the storm drain system. Provide to the DISTRICT annual reports (on forms provided by the DISTRICT) and any other information, in a timely fashion, needed to satisfy annual reporting requirements of the RWQCB, SAR. 8. Adopt and enforce, or name DISTRICT as enforcer of a water pollution control ordinance, which prohibits non-NPDES permitted dischazges to the municipal separate storm sewer system. D. The COUNTY shall, to the maximum extent practicable and at no cost to the CITIES or the DISTRICT, undertake in the unincorporated azeas of the COUNTY, all activities required above of the CITIES that are not responsibilities of the DISTRICT as outlined in Section III.B. IV. Proeram Costs. The responsibilities for payment of all shared costs of equipment, services, contracted analytical services, and the cost of the NPDES Permit, shall be distributed among the DISTRICT, COUNTY and CITIES as follows: Participant Percent Contribution DISTRICT 5 CITIES + COUNTY 95 Using the COUNTY'S Geographical Information System, the DISTRICT will detetnrine the adjusted acreage for each Ctrl' and the COUNTY from the land use, area, and run-off coefficients as contained in Appendix A on an annual basis. National forests, state parks, airports, landfills, and military installations are excluded. These calculations shall be completed by November 1 of each yeaz and shall be included in the annual budget proposal. The total of shared costs shall not exceed ($ )for the first year of the program. A deposit which constitutes a shaze percentage according to Appendix A of the total anticipated first year costs shall be required of each city. The DISTRICT shall send an invoice for the deposit to each city and the county within IS days of all parties signing this AGREEMENT. Each city and the county shall pay the deposit within 45 days of the date of the invoice. If at any time during a given fiscal year the program costs exceed the sum of the deposits, the DISTRICT shall submit invoices to the CITIES and the COUNTY to recover the deficit. The shaze for each city shall be prorated according to the formula above. Each city and the county shall pay the invoice within 45 days of the billing date. The DISTRICT shall prepare a fiscal yeaz end accounting within 60 days of the end of each fiscal year. If the fiscal yeaz end accounting results in costs exceeding the sum of the deposits (including interest earnings), the DISTRICT shall invoice each city and the county for its prorated share of the excess cost. Each city and the county shall pay the billing within 45 days of the date of the invoice. If the fiscal year end accounting results in the sum of the deposits (including interest earnings) exceeding costs, the excess deposits will carry forward to reduce the billings for the following yeaz. 210 After the initial billing for the program, the DISTRICT shall invoice each city and 21 1 the county for its annual deposit after July 1, the start of the fiscal year. Each city 212 shall pay the deposit within 45 days of the date of the invoice. Each city's deposit 213 shall be based on their prorated share of the approved annual budget, reduced for 2 14 any surplus identified in the prior fiscal yeaz end accounting. 215 2 16 Interest earned on the CITIES and the COUNTY deposits will not be paid to the 217 CITIES and the COUNTY, but will be credit against the CITIES and the 2 18 COUNTY's share of the program costs. 219 2 2 0 Upon termination of the program a final accounting shall be performed by the 2 21 DISTRICT. If costs exceed the sum of the deposits (including interest earnings), 2 2 2 the DISTRICT shall invoice each city and the county for its prorated share of the 2 2 3 excess. Each city and the county shall pay the invoice within 45 days of the dated 2 2 4 of the invoice. If the sum of the deposits (including interest earnings) exceed the 2 2 5 costs, the COUNTY shall reimburse to each city and the County its prorated share 2 2 6 of the excess, within 45 days of the final accounting. Interest eaznings are used to 227 offset the CITIES and the COUNTY's shaze of program costs and will not be 2 2 8 refunded to the CITIES and the County. 229 2 3 0 Each city and the COUNTY shall bear the financial responsibility for implementing 2 3 1 the Program, within its jurisdictional boundaries, as outlined in Section IR.C and 232 D. 233 2 3 4 The annual fee for the NPDES Permit and the annual administrative costs incurred 2 3 5 by the DISTRICT shall be included in the total cost and paid according to Section 2 3 6 Nand Appendix A. 237 2 3 S The financial responsibility for this agreement will be effective beginning with the 239 1992/93 fiscal year. 240 2 41 V. Life of the AGREEMENT. The life of the AGREEMENT shall be for an indefinite 242 period and such indefinite period shall end at such time as the Clean Water Act 2 4 3 and/or the RWQCB, SAR ceases to mandate compliance. 244 2 4 5 - VI. Additional Parties. Any city or other entity which wishes to be a co-permittee on 246 the San Bernardino County S[ormwater NPDES Permit that was issued by 247 RWQCB, SAR shall agree to the provisions in this funding agreement and shall ~ 4 8 sign this agreement prior to being included in the permit. The date of initiation, for 2 4 9 determining participant costs for any new co- permittee shall be the date of inclusion 250 in the San Bemazdino County Stormwater NPDES Permit issued by RWQCB, 2 5 1 SAR. The Cost for adding any additional co-permittee to the program, including 2 5 2 additional permit and processing fees, shall be paid by the added co--permittee. 2 5 3 Monies, if any, to be reimbursed to the existing co-permittees shall be credited to 2 5 4 their respective annual program operating fees for the following budget yeaz. 255 256 VII. Withdrawal from the AGREEMENT. A participant may withdraw from this Z 57 agreement at the end of any fiscal year with written notice being received by the 2 5 8 DISTRICT 90 days prior to the end of the fiscal year. The withdrawing participant 2 5 9 shall agree to file for a sepazate NPDES permit and to comply with all of the 2 6 0 requirements established by the RWQCB, SAR. The withdrawing participant shall 2 6 1 be responsible for all lawfully assessed penalties as a consequence of withdrawal. 2 6 2 The cost allocations to the remaining members will be recalculated in the followine 2 6 3 budget yeaz. V 264 2 6 5 VIII. Non-compliance with NPDES Permit Requirements. Any participant found in non- 266 compliance with the conditions of the NPDES permit within their jurisdictional 267 responsibilities shall be solely liable for any lawfully assessed penalties, pursuant to 2 6 8 Section 13385 of the Water Code. Penalties that apply to all the permittees shall be 2 6 9 assessed according to the formula in Appendix A. 270 271 IX. Legal Action/Costs/Attorney~ees. Where any legal action is necessary to enforce 272 any provision hereof for damages by reason of an alleged breach of any provisions 273 of this AGREEMENT the prevailing party shall be entitled to receive from the 274 losing party all litigation and collection expenses, administrative costs, witness fees 2 7 5 and court costs. 276 277 X. Amendments to the AGREEMENT. This AGREEMENT may be amended by 278 consent of atwo-thirds majority of the co-permittees (rounded to the nearest whole 279 number). Amendments to this Agreement may be adopted and executed 2 8 0 concurrently, and shall become effective upon its execution by a majority of the co- t 8 1 pemvttees as defined above. 282 2 8 3 XI. Authorized Signatories. Each perntittee and co-pemuttee will determine by either 2 8 4 resolution or ordinance who will be the authorizing signatory. This person shall be 2 8 5 authorized to execute the application(s) for NPDES Stormwater permit(s) and take 286 all other procedural steps necessary to file the application(s) for NPDES 2 8 7 Stormwater permit(s). 288 289 XII. Notices. All notices shall be deemed duly given if delivered by hand; or five (5) 2 9 0 working days after deposit in the U.S. Mail, certified mail, return receipt requested. 291 292 XIII. Governing Law. This AGREEMENT will be governed and construed in 2 9 3 accordance with laws of the State of California, If any provision or provisions of 2 9 4 this AGREEMENT shall be held to be invalid, illegal or unenforceable, the validity, 295 legality and enforceability of the remaining provisions shall not in any way be 2 9 6 affected or impaired hereby. 297 298 XIV. Consent to Breach not Waiver. No term or provision hereof shall be deemed 299 waived and no breach excused, unless such waiver or consent shall be in writing 300 and signed by any permittee to have waived or consented. Any consent by any 30 1 permittee to, or waiver of, a breach by the other, whether expressed or implied, 30 2 shall not constitute a consent to, waiver of, or excuse for any other different or 3 0 3 subsequent breach. 304 305 XV. Applicability of Prior Agreements. This document constitutes the entire 306 AGREEMENT between the co-permittees with respect to the subject matter; all 307 prior agreements, representations, statements, negotiations and undertakings aze 3 0 8 superseded hereby. 309 310 XVI. Execution of the AGREEMENT. This AGREEMENT may be executed in 3 1 1 counterpart and the signed counterparts shall constitute a single instrument. AGREEMENT: STORMWATER DISCHARGF,S 312 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 313 above written. 314 315 PLEASE INSERT YOUR AGENCY'S STANDARD SIGNATURE PAGE. CITY OF SAN BERNARDINO, a municipal corporation W. R. Holcomb, Mayor City of San Bernardino ATTEST: Rachel Krasney, City Clerk Approved as to form and legal content: James F. Penman City Attorney By 7 APPENDIX A The following formula will be used by the District to determine the share costs as required in the "National Pollutant Dischazge Elimination System Stormwater Permit Implementation Agreement, Santa Ana Region", Section N. Total Program Costs will be determined by the DISTRICT and allocated to the CTI'IES and the COUNTY by the following formula: Ogencv ~* x (annual cost x 0.95) =Agency's Contribution Total AA** AA -Adjusted Acreage * -Each agency as listed below ** -Total adjusted acreage Agency: County of San Bernazdino Cities of: Big Bear Lake Chino Chino Hills Colton Fontana Grand Terrace Highland Loma Linda Montclair Ontario Rancho Cucamonga Redlands Rialto San Bernazdino Upland Yucaipa The Agency Adjusted Acreage will be determined by the DISTRICT using the following formula: [(Ilu 1 -Ulu 1) x Clu ll + [(Ilu 2 -Ulu 2) x Clu 2l + ...+[(U 1 - 13) x C] _ Adjusted Acreage I - Improved acreage for each landuse as defined below U - Unimproved acreage for each landuse as defined below lu - landuse as defined in the following table C - Runoff coefficient as derived from the San Bernazdino County Hydrology Manual Appendix A (continued) Landuse Formula Desi nation Runoff Coefficient (C) mgle amply Residential .5 acre lots lu 1 •5 1 acre ots lu 2 .60 dwellingsfacre lu 3 -4 dwellings/acre lu 4 •69 5- dwellings acre lu 5 .71 -1 dwe 'ngs/acre lu 6 .7 6 >10 dwellings/acre lu 7 .791 ult~ple amply Residential ondominwms lu 8 .745 Apartments lu 9 0.791 obile ome arks lu 10 0.775 Commercial, Downtown Business or Industrial lu 11 0.820 chool lu 12 0.699 Publtc ark lu 13 0.5 4 ndeveloped U 1-13 .547 Reference: San Bemardtno County ttyaroiogy manual