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HomeMy WebLinkAbout30-Public Works 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 . . 1 2 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ~ - 2 - . . 1 2 3 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 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 1 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 ,89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 . . 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. 2 104 105 106 107 108 109 110 III 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 B. . . 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. 3 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 IV. . . 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. 4 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 V. VI. VIT. . . 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. 5 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299. 300 301 302 303 304 305 306 307 308 309 310 311 VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. . . 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' 7 . . 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)