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011 y. OF SAN BERNrDINO - REQU~~! N"'~ 5~_C;>>UNCIL ACTION
Authorization to Execute Agreement-
From: ROGER G. HARDGRAVE Subject: National Pollutant Discharge
Elimination System (NPDES)
Dept: Public Works/Engineering
Date: 1-28-92
Synopsis of Previous Council action:
None.
Recommended motion:
1. Adopt resolution.
2. That staff be directed to present a proposal to designate the
City's storm drain system as a utility, and to levy an
appropriate fee to finance maintenance and operation costs for
the storm drain system.
cc: Shauna Clark
Jim Penman
Manuel Moreno
Contact person: Gene R. Klatt
Staff Report,
Supporting data attached: Aqreement
Phone:
5125
Ward:
All
FUNDING REQUIREMENTS:
Amount:Up to $200.000 (Maintenance & Operation Fee)
Source: (Acct. No.!
1992/93 Budqet
(Acct. Descriotionl N/A
Finance:
UJ~ Dr>-
Council Notes:
75-0262
Agenda Item No
3()
CITY' OF SAN BERN.DINO - REQUEST .R COUNCIL ACTION
STAFF REPORT
Page 1 of 2
In 1987, the Clean Water Act was amended by Congress to
authorize the Environmental Protection Agency to regulate the
discharge of storm waters into the waters of the United States.
Regulations have been issued by the EPA pursuant to this
authority.
The California State Water Resources Control Board, as
designee of the EPA, has delegated authority for enforcement of
these regulations to the various regional water control boards
throughout the State. The regional board for our area (Santa
Ana) has adopted the policy that a permit will be issued to the
San Bernardino County Flood Control District, with the 17 cities
being co-permittees. A permit has been issued to the Flood
Control District for a fee of $10,000, which will be shared by
the co-permittees.
Extensive sampling and testing of storm waters will be
required under this permit. The Flood Control District will
coordinate this program, but some City personnel may be used. If
a higher than allowed concentration of pollutants is found, more
extensive sampling will be required to identify the source.
The proposed Agreement provides that the City will take 8
actions. One of these is the implementation of a facility
inspection program, in accordance with the uniform criteria de-
veloped by the District. Also, to eliminate illegal/illicit
connections to the storm drain system.
Another action will be to adopt and enforce a water
pollution control ordinance, to prohibit the discharge of non-
permitted substances to our storm drain system. Chapter 8.80 of
our Municipal Code regulates the discharge of substances to our
storm drain system, and may fulfill this requirement.
All costs to date have been borne by the County Flood
Control District. However, they will be submitting bills to the
co-permittees in July, 1992, for their proportionate share of the
costs. An estimate of cost will be prepared upon receipt of land
use date from SCAG.
Since no estimate of cost is available, the not to exceed
figure (on Line 189) is blank. However, we feel the financial
liability to the City of San Bernardino, for our share of reim-
bursement to the District and cost for implementing the permit,
could be as high as $200,000 for the 1992/93 Fiscal Year. At the
present time, the only source of funding is the General Fund.
State Legislation allows Charter Cities to designate their
storm drain system as a utility, and levy a fee to cover
maintenance and operation costs. We plan to submit a proposal
for such action, in order to provide a source of funding other
than the General Fund.
1-28-92
75-0264
CITY'OF SAN BERN_DINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
Page 2 of 2
This Agreement must be approved by 3-1-92, in order for the
City to be a co-permittee. Even though an estimate of cost is
not available at this time, it is obvious that the cost to secure
our own permit would be significantly higher than being a part of
the joint effort.
Therefore, we recommend that the Agreement be approved at
the Council meeting of 2-17-92, and staff authorized to present a
proposal to designate our storm drain system as a utility and
levy a fee for maintenance and operation costs.
1-28-92
75-0264
.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
3 (NPDES) STORMWATER PERMIT IMPLEMENTATION AGREEMENT - SANTA ANA
REGION, WITH THE COUNTY OF SAN BERNARDINO r THE SAN BERNARDINO
4 COUNTY FLOOD CONTROL DISTRICT, AND CITIES THAT ARE CO-PERMITTEES
UNDER THE NPDES PERMIT.
5
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute r on behalf of said
9 City, the National Pollutant Discharge Elimination System (NPDES)
10 Stormwater Permit Implementation Agreement - Santa Ana Region,
11 with the County of San Bernardino, the San Bernardino County
12 Flood Control District and cities that are co-permittees under
13 the NPDES Permit.
14
SECTION 2.
This agreement and any amendment or
15 modification thereto shall not take effect or become operative
16 until fully signed and executed by both parties. The City shall
17 not be obligated hereunder unless and until the agreement is
18 fully executed and no oral agreement relating thereto shall be
19 implied or authorized.
20
SECTION 3. This resolution is rescinded if the parties
21 to the agreement fail to execute it within sixty (60) days of the
22 passage of this resolution.
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28 / / / /
1-28-92
RESO:
AUTHORIZING AGREEMENT WITH COUNTY
COUNT~LOOD CONTROL DISTRICT, ~D
NPDES~RMIT RELATIVE TO DISCHAR~OF
OF SAN BERNARDINO,
CO-PERMITTEES UNDER
STORMWATERS.
1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
4 day of
5 Council Members:
meeting thereof, held on the
, 1992, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
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ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Rachel Krasney, City Clerk
The foregoing resolution is hereby approved this
day of
, 1992.
W. R. Holcomb, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
~
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6 This AGREEMENT entered into as of this day of , 1991 by
7 the County of San Bernardino, (herein called the COUNTY), the San Bernardino 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
I 0 Cucamonga. Redlands. Rialto. San Bernardino, Upland & Yucaipa (herein called the CITIES)
11 establishes the responsibilities of each party with respect to compliance with National Pollutant
1 2 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 WaterQua1ity Act (WQA).
15
I 6 RECITALS
17
I 8 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
2 I applications for permits for stormwater discharges; and
22
23 Whereas
24 These permit regulations will require the control of pollutants from stormwater discharges
25 by requiring a National Pollutant Discharge Elimination System (NPDES) Permit for the discharge
26 of stormwaters into waters of the United States; and
27
2 8 Whereas
29 These EP A regulations will require NPDES permits for discharges from municipal storm
30 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
34 Bernardino County Flood Control District to provide for the control of flood and storm waters; and
35
,36 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 penaining to water supply, control of floods, use of
40 water. water quality. nuisance, pollution, waste, and contamination of water both within and
4 I without the DISTRICT; and
42
43 Whereas
44 The CITIES, the COUNTY and the DISTRICT desire to develop an integrated stormwater
45 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 Board (CSWRCB) as designee of the EPA
50 has delegated authority to the Regional Water Quality Control Board-Santa Ana Region (RWQCB,
5 I SAR) for administration of the NPDES Storm Water permit application process within the
National Pollutant Discharge Elimination System
Storm water Permit Implementation Agreement
Santa Ana Region
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boundaries of their Regions; and
Whereas,
The RWQCB, SAR issued NPDES Permit Number 8000200 on October 19,1990 for the
regulation of stormwaters;
Whereas
The DISTRlCI', COUNTY and CITIES have been designated as co-permittees by the
RWQCB, SAR; and
Whereas
The DISTRlCI' has been designated as the Principle Permittee in the NPDES Permit; and
Whereas
The COUNTY and the CITIES has been designated as the Co-Permittees in the NPDES
Permit; and
Whereas
Cooperation between the CITIES, the COUNTY and the DISTRICI' to jointly file
applications for NPDES Storm water permits is in the best interests of the CITIES, the COUNTY
and the DISTRlCI';
NOW lHEREFORE, the parties hereto do mutually agree as follows:
I. EiI.in& SWm. The COUNTY, DISTRlCI' and CITIES will file the applications for
storm water permits as co-permittees. The COUNTY, the DISTRICI' and each
individual City will be a co- permittee.
II. IncOl:poration gf Federal Ree:ulations. The terms of all applicable Federal and State
guidelines, as presently written or as changed during the life of this agreement are
hereby incorporated by reference and made a pan of this AGREEMENT and take
precedence over any inconsistent terms of this agreement.
III. Delel!:ation gf Resnonsibilities. The responsibilities of each of the parties shall be as
follows:
A. The DISTRlCI', on a cost-shared basis, shall administer system compliance
by:
1. Preparing and implementing an annual operating budget. The
budget year shall coincide with the fiscal year of the DISTRICI',
July 1 - June 30.
a. The participants shall be permitted to review and approve the
annual operating budget for the fonhcoming year. Criteria
for approval shall be an affirmative response from a majority
of the co-permittees. The review period shall be from
November 1 to November 30 of each year with approval of
the final budget to be completed by December 15.
2. Preparing compliance reports to the Regional Board and providing
copies to the co-permittees.
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3. Preparing a draft system-wide Best Management Practices (BMP)
Program repon for review and approval by the co-pennittees.
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 repon to the RWQCB, SAR presenting the
results of these evaluations.
C.
The DISTRICT shall, to the maximum extent practicable and on a cost-
shared basis except in paragraph 4 below,
1. Perform the water quality and hydrographic monitoring for pennit
compliance.
2. Administer the water pollution control program by enforcing the San
Bernardino 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 undenaken at
the sole expense of the requesting city or county.
The CITIES shall, to the maximum extent practicable and at no cost to
COUNTY or DISTRICT,
1. 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 pennit and within
the jurisdictional boundaries of that city.
2. 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.
3. Prepare watershed characterizations, including:
a. Zoning Designations and
b. Identification of areas 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.
4. Review, approve, and implement system-wide BMPs.
5. Eliminate or have eliminated, illega1lillicit connections to the storm
drain system.
6. Identify the legal authority for control of discharges to the storm
drain system.
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IV.
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7. Provide to the DISTRICT annual repons (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
"discharges 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, undenake in the unincorporated areas of the
COUNTY, all activities required above of the CITIES that are not
responsibilities of the DISTRICT as outlined in Section III.B.
Prolmlm 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:
Particinant
Percent Contribution
DISTRICT
CITIES + COUNTY
5
95
Using the COUNTY's Geographical Information System, the DISTRICT will
determine 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 parks, airpons, landfills, and military installations are
excluded.
These calculations shall be completed by November I 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 share 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
formula above. Each city and the county shall pay the invoice within 45 days of the
billing dale.
The DISTRICT shall prepare a fiscal year end accounting within 60 days of the end
of each fiscal year. 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
year end accounting results in the sum of the deposits (including interest earnings)
exceeding costs, the excess deposits will carty forward to reduce the billings for the
following year.
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V.
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After the initial billing for the program, the DISTRICT shall invoice each city and
the county for its annual deposit after July 1. the start of the fiscal year. Each citv
shall pay the deposit within 45 days of the date of the invoice. Each city's deposit
shall be based on their prorated share of the approved annual budget, reduced for
any surplus identified in the prior fiscal year end accounting.
Interest earned on the CITIES and the COUNTY deposits will not be paid to the
CITIES and the COUNTY. but will be credit against the CITIES and the
COUNTY's share of the program costs.
Upon termination of the program a fmal accounting shall be performed by the
DISTRICT. If costs exceed the sum of the deposits (including interest earnings).
the DISTRICT shall invoice each city and the county for its prorated share of the
excess. Each city and the county shall pay the invoice within 45 days of the dated
of the invoice. If the sum of the deposits (including interest earnings) exceed the
costs, the COUNTY shall reimburse to each city and the County its prorated share
of the excess, within 45 days of the final accounting. Interest earnings are used to '
offset the CITIES and the COUNTY's share of program costs and will not be
refunded to the CITIES and the County.
Each city and the COUNTY shall bear the financial responsibility for implementing
the Program, within its jurisdictional boundaries, as outlined in Section Ill. C and
D.
The annual fee for the NPDES Permit and the annual administrative costs incurred
by the DISTRICT shall be included in the total cost and paid according to Section
IV and Appendix A.
The financial responsibility for this agreement will be effective beginning with the
1992193 fiscal year.
Life of the AGREEMENT. The life of the AGREEMENT shall be for an indefinite
period and such indefinite period shall end at such time as the Clean Water Act
and/or the RWQCB, SAR ceases to mandate compliance.
Additional Parties. Any city or other entity which wishes to be a co-permittee on
the San Bernardino County Stormwater NPDES Permit that was issued by
RWQCB, SAR shall agree to the provisions in this funding agreement and shall
sign this agreement prior to being included in the permit. The date of initiation. for
determining participant costs for any new co- permittee shall be the date of inclusion
in the San Bernardino County Stormwater NPDES Permit issued by RWQCB,
SAR, The Cost for adding any additional co-permittee to the program, including
additional permit and processing fees, shall be paid by the added co-permittee.
Monies, if any, to be reimbursed to the existing co-permittees shall be credited to
their respective annual program operating fees for the following budget year.
Withdrawal from the AGREEMENT. A participant may withdraw from this
agreement at the end of any fiscal year with written notice being received by the
DISTRICT 90 days prior to the end of the fiscal year. The withdrawing participant
shall agree to file for a separate NPDES permit and to comply with all of the
requirements established by the RWQCB, SAR. The withdrawing participant shall
be responsible for all lawfully assessed penalties as a consequence of withdrawal.
The cost allocations to the remaining members will be recalculated in the follpwing
budget year.
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VIII.
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XVI.
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Non-comnliance with NPDES Permit Reouirements. Any panicipant found in non-
compliance with the conditions of the NPDES permit within their jurisdictional
responsibilities shall be solely liable for any lawfully assessed penalties, pursuant to
Section 13385 of the Water Code. Penalties that apply to all the permittees shall be
assessed according to the formula in Appendix A.
Leltal Action/Costs/Attornev Fees. Where any legal action is necessary to enforce
any provision hereof for damages by reason of an alleged breach of any provisions
of this AGREEMENT the prevailing party shall be entitled to receive from the
losing party all litigation and collection expenses, administrative costs, witness fees
and court costs.
Amendments to the AGREEMENT. This AGREEMENT may be amended by
consent of a two-thirds majority of the co-permittees (rounded to the nearest whole
number). Amendments to this Agreement may be adopted and executed
concurrently, and shall become effective upon its execution by a majority of the co-
permittees as defmed above.
Authorized Siinatories. Each permittee and co-perminee will determine by either
resolution or ordinance who will be the authorizing signatoty. This person shall be
authorized to execute the application(s) for NPDES Stormwater permit(s) and take
all other procedural steps necessary to file the application(s) for NPDES
Stormwater permit(s).
Notices. All notices shall be deemed duly given if delivered by hand; or five (5)
working days after deposit in the U.S. Mail, certified mail, return receipt requested.
Governini Law. This AGREEMENT will be governed and construed in
accordance with laws of the State of California, If any provision or provisions of
this AGREEMENT shall be held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be
affected or impaired hereby.
Consent to Breach not Waiver. No term or provision hereof shall be deemed
waived and no breach excused, unless such waiver or consent shall be in writing
and signed by any perminee to have waived or consented. Any consent by any
permittee to, or waiver of, a breach by the other, whether expressed or implied,
shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
Annlicabilitv of Prior A~eements. This document constitutes the entire
AGREEMENT between the co-permittees with respect to the subject maner; all
prior agreements, representations, statements, negotiations and undertakings are
superseded hereby.
Execution of the AGREEMENT. This AGREEMENT may be executed in
counterpart and the signed counterparts shall constitute a single instrument.
6
AGREEMENT:
STORM4ifTER DISCHARGES
.
312 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year frrst
31 3 above wrinen.
314
31 S 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 O~___-7. ~
V'
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APPENDIX A
The following formula will be used by the District to determine the share costs as required in the
"National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement.
Santa Ana Region", Section IV.
1. Total Program Costs will be determined by the DISTRICT and allocated to the CITIES
and the COUNTY by the following formula:
Al!encv M* 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 Bernardino
Cities of:
Big Bear Lake
Chino
Chino Hills
Colton
Fontana
Grand Terrace
Highland
Lorna Linda
Montclair
Ontario
Rancho Cucamonga
Red1ands
Rialto
San Bernardino
Upland
Yucaipa
2. The Agency Adjusted Acreage will be determined by the DISTRICT using the
following formula:
[(Jlu 1 - Ulu 1> x Clu 1] + [(Ilu 2 - Ulu 2) x Clu 2] + ...+[( 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 defmed in the following table
C - Runoff coefficient as derived from the San Bernardino County Hydrology
Manual
.
Appendix A
(continued)
Landuse
Formula
Desi nation
lu 1
lu 2
lu 3
lu4
lu 5
lu6
lu 7
lu 8
lu9
lu 10
lu 11
lu 12
lu 13
.
Runoff
Coefficient (C)