HomeMy WebLinkAboutCC item No. 07CITY 0F LADE LSINORE
' Coll,
j & DREAM EXTREMES
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: NOVEMBER 23, 2010
SUBJECT: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
URBAN RUNOFF DISCHARGE PERMIT IMPLEMENTATION
AGREEMENT, SANTA ANA REGION
Background
In 1987, amendments to the Unites States Clean Water Act called for metropolitan
areas to apply for municipal stormwater permits from the U.S. Environmental Protection
Agency under the National Pollutant Discharge Elimination System (NPDES) program.
The objective of the program is to reduce surface water pollution which is caused by
water runoff from streets, landscaped areas, parking lots, etc.
In August of 2003, the City of Lake Elsinore, Riverside County and 11 other cities joined
with Riverside County Flood Control and Water Conservation District in submitting as
co-permittees for coverage under a single area-wide Municipal Separate Storm Sewer
System (MS4) permit. The MS4 Permit allows the City to legally operate the storm
drain system that discharges to the lake and area streams and channels. The MS4
Permit identifies Riverside County Flood Control and Water Conservation District as the
Principal Permittee and the other municipalities (16 currently) as Co-Permittees. It also
identifies compliance activities such as training, public education, illicit
discharge/connection detection, inspection, etc. that must be performed by the
Permittees.
The Permit requires the Permittees enter into an Implementation Agreement which
establishes the compliance activities and joint activity funding obligations of the
Permittees. The current Implementation Agreement was adopted on December 16,
2003 (see Exhibit A).
AGENDA ITEM NO. 7
Page 1
NPDES Implementation Agreement
November 23, 2010
Page 2
Discussion
On July 1, 2010, a new MS4 Permit was issued by the California Regional Water
Quality Control Board - Santa Ana Region. The Permit requires the Permittees to
annually review their Implementation Agreement and determine the need, if any for
additional revision. The review of the Agreement revealed several areas in need of
revision. Over the last several months, staff has been working with the other Co-
Permittees on the revision process.
The Agreement has been revised to address the following:
1) Inclusion of the cities of Eastvale, Menifee and Wildomar as signatories to the
Agreement;
2) Inclusion of language for the preparation and submittal of a yearly budget to the
Technical Advisory Committee;
3) Increasing the annual cost share cap to reflect the costs of development of
regional programs proposed by the 2010 MS4 Permit;
4) Inclusion of language to allow the Agreement to be used as a platform to hire
consultants on behalf of the Co-Permittees for activities required under the new
permit. The Agreement provides for pre-approval by the Co-Permittees for the
use, selection and funding of consultants; and
5) Inclusion of language to recognize the recent regulatory swap allowing the cities
of Murrieta and Wildomar to be solely regulated by the Santa Margarita Region
MS4 Permit. The two cities have a small area within the boundaries of the
Santa Ana Watershed which warrants their continued, limited, participation in
the Implementation Agreement.
6) Given the scope of the MS4 Permit, it is in the best interest of the City to
continue enter into this Agreement and share the responsibilities and costs of
compliance on an area-wide basis.
In addition to staff, the Management Steering Committee (management level staff from
each city) has also been involved in the revision process; on October 21, 2010 they
recommended the Agreement be moved forward for signature.
Fiscal Impact
The City's cost share will continue to be paid through the County Service Area 152
assessment which was established to fund NPDES Permit compliance activities. The
estimated cost share for 2010-2011 is $41,000.00.
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NPDES Implementation Agreement
November 23, 2010
Page 3
Recommendations
Approve the NPDES Urban Runoff Discharge Permit Implementation Agreement and
authorize execution by the Mayor.
Prepared by: Rita Thompson
NPDES Coordinator
Approved by: Ken Seumalo
Director of Public Works
Approved by: Robert A. Brady
Q
City Manager X10
Attachments: Exhibit A - 2003 Implementation Agreement
Exhibit B - 2010 Implementation Agreement
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Page 4
EXHIBIT A
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84952.1
AGREEMENT
National Pollutant Discharge Elimination System
Stormwater Discharge Permit
Implementation Agreement
Santa Ana Region
(Santa Ana Drainage Area)
This Agreement, entered into as of this day of 2003 by the
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RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (herein
called DISTRICT), the COUNTY OF RIVERSIDE (herein called COUNTY), and the CITIES OF
BEAUMONT, CALIMESA, CANYON LAKE, CORONA, HEMET, LAKE ELSINORE,
MORENO VALLEY, MURRIETA, NORCO, PERRIS, RIVERSIDE and SAN JACINTO, (herein
called CITIES), establishes the responsibilities of each party concerning compliance with the
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit (NPDES
Pemnit) issued by the California Regional Water Quality Control Board - Santa Ana Region pursuant
to Order No. R8-2002-0011.
RECITALS
WHEREAS, in 1987 Congress added Section 402(p) to the Federal Clean Water Act
(CWA) (33 U.S.C. §1342(p)); and
WHEREAS, Section 402(p) of the CWA requires certain municipalities, industrial
facilities and persons conducting certain construction activities to obtain an "DES Permit before
discharging stormwater into navigable waters; and
WHEREAS, Section 402(p) further requires the Federal Environmental Protection
Agency (EPA) to promulgate regulations for NPDES Permit applications; and
WHEREAS, EPA adopted such regulations in November 1990; and
WHEREAS, EPA delegated authority to the California Regional Water Quality
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84952.1
Control Board-Santa Ana Region (RWQCB-SAR) to administer the NPDES permitting process
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within the boundaries of that region; and
WHEREAS, DISTRICT was created to provide for the control of flood and
stormwaters within the County of Riverside and is empowered to investigate, examine, measure,
analyze, study and inspect matters pertaining to flood and stormwaters; and
WHEREAS, on August 30, 2000 DISTRICT, COUNTY and CITIES submitted an
II NPDES Permit Application for an area-wide NPDES Permit; and
WHEREAS, the NPDES Permit Application was submitted in accordance with the
previous NPDES Permit (Order No. 96-30, NPDES No. CA 618033) which expired on March 8,
2001: and
WHEREAS, RWQCB-SAR issued a new NPDES Permit to DISTRICT, COUNTY
and CITIES on October 25, 2002; and
WHEREAS, the NPDES Permit governing municipal stormwater discharges meets
both the requirements of Section 402(p)(3)(B) of the CWA and all requirements applicable to an
NPDES Permit issued under RWQCB-SARs discretionary authority in accordance with Section
402(a)(1)(B) of the CWA; and
WHEREAS, the NPDES Permit designates DISTRICT as the "Principal Permittee",
and COUNTY and CITIES as "Co-Permittees"; and
WHEREAS, cooperation between DISTRICT, COUNTY and CITIES in the
administration and implementation of the NPDES Permit is in the best interests of DISTRICT,
COUNTY and CITIES; and
WHEREAS, DISTRICT is willing to share the expertise of its staff with COUNTY
and CITIES so that they can join in implementing the requirements of the NPDES Permit; and
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84952.1
WHEREAS, DISTRICT, COUNTY and CITIES are to perform certain activities
prescribed in the NPDES Permit that will benefit all parties.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
L Incorporation of the NPDES Permit The NPDES Permit issued to DISTRICT,
COUNTY and CITIES by RWQCB-SAR pursuant to Order No. 118-2002-0011 is attached to this
Agreement as EXHIBIT A and is hereby incorporated by reference in its entirety and made a part of
this Agreement.
2. Delegation of Responsibilities. The responsibilities of each of the parties shall
be as described in the NPDES Permit and reiterated as follows:
a. DISTRICT, at no cost to COUNTY and CITIES, shall assume the
responsibilities and meet the requirements of the NPDES Permit by:
(1) Complying with Section I. A. (RESPONSIBILITIES OF THE
PRINCIPAL PERMITTEE).
(2) Complying with Sections II (DISCHARGE
LI UTATIONS/PROHIBITIONS), III (RECEIVING WATER
LIMITATIONS), IV (IMPLEMENTATION AGREEMENT), V
(LEGAL AUTHORITY), VI (ILLICIT CONNECTIONS /
ILLEGAL DISCHARGES; LITTER, DEBRIS AND TRASH
CONTROL), VII (SEWAGE SPILLS, INFILTRATION INTO MS4
SYSTEMS FROM LEAKING SANITARY SEWER LINES,
SEPTIC SYSTEM FAILURES, AND PORTABLE TOILET
DISCHARGES), VIII (NEW DEVELOPMENT (INCLUDING
SIGNIFICANT REDEVELOPMENT)), IX (MUNICIPAL
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84952.1
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INSPECTION PROGRAM), X (EDUCATION AND
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OUTREACH), XI (MUNICIPAL FACILITIES PROGRAMS AND
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ACTIVITIES), X11 (MUNICIPAL CONSTRUCTION PROJECTS
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/ ACTIVITIES), XIII (PROGRAM MANAGEMENT / DAMP
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REVIEW), XIV (MONITORING AND REPORTING), XV
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(PROVISIONS), and XVI (PERMIT EXPIRATION AND
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RENEWAL) as they pertain to District facilities and operations.
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(3) Performing all the sampling data collection and assessment
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requirements described in the NPDES Permit MONITORING AND
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REPORTING PROGRAM.
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(4) Performing all the reporting requirements described in the NPDES
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Permit MONITORING AND REPORTING PROGRAM. With
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respect to such reporting requirements, the DISTRICT shall
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specifically:
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(a) Prepare the required narrative for all reports; and
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(b) Provide COUNTY and CITIES an opportunity to review and
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comment on any such narrative.
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b. COUNTY and CITIES shall, at no cost to DISTRICT, assume the
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responsibilities and meet the requirements of the NPDES Permit for land
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area and facilities within their individual jurisdictions by:
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(1) Complying with Section I.B. (RESPONSIBILITIES OF THE CO-
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PERMITTEES).
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(2) Complying with Sections II (DISCHARGE LIMITATIONS /
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84952.1
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PROHIBITIONS), III (RECEIVING WATER LIMITATIONS), IV
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(IMPLEMENTATION AGREEMENT), V (LEGAL
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AUTHORITY), VI (ILLICIT CONNECTIONS / ILLEGAL
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DISCHARGES; LITTER, DEBRIS AND TRASH CONTROL), VII
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(SEWAGE SPILLS, INFILTRATION INTO MS4 SYSTEMS
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FROM LEAKING SANITARY SEWER LINES, SEPTIC
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SYSTEM FAILURES, AND PORTABLE TOILET
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DISCHARGES), VIII (NEW DEVELOPMENT (INCLUDING
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SIGNIFICANT REDEVELOPMENT)), IX (MUNICIPAL
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INSPECTION PROGRAM), X (EDUCATION AND
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OUTREACH), XI (MUNICIPAL FACILITIES PROGRAMS AND
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ACTIVITIES), X11 (MUNICIPAL CONSTRUCTION PROJECTS
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/ ACTIVITIES), X111 (PROGRAM MANAGEMENT / DAMP
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REVIEW), XIV (MONITORING AND REPORTING), XV
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(PROVISIONS), and XVI (PERMIT EXPIRATION AND
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RENEWAL) as they pertain to COUNTY and CITIES facilities and
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operations.
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(3) Demonstrating compliance with all NPDES Permit requirements
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through timely implementation of the approved Drainage Area
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Management Plan (DAMP) and any approved modifications,
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revisions, or amendments thereto.
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(4) Providing to DISTRICT (on DISTRICT approved forms) all
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information needed to satisfy the reporting requirements described
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84952.1
in the NPDES Permit MONITORING AND REPORTING
PROGRAM. The COUNTY and CITIES shall specifically:
(a) Provide information on existing stormwater facilities and/or
other data as it pertains to COUNTY or CITIES facilities
when requested by DISTRICT.
(b) Submit their individual reports to DISTRICT for incorporation
into DISTRICT'S narrative no later than November I of each
year.
3. Shared Costs. In the event DISTRICT requires the services of a consultant or
consultants to prepare manuals, develop programs or perform studies relevant to the entire permitted
area, the cost of said consultant services will be shared by DISTRICT, COUNTY and CITIES. The
shared costs shall be allocated as follows:
Party Percentage Contribution
DISTRICT 50
COUNTY & CITIES 50
The individual percentage contribution from COUNTY and individual CITIES
shall be a function of population. More specifically, such contribution shall be calculated as the
population of COUNTY or individual CITIES, divided by the total population of all the Co-
Permittees multiplied by 50, i.e.,:
Contribution = 50(x°/xt°t)
X. = population of COUNTY or individual CITIES
Xtot = total population of COUNTY and CITIES in the
Santa Ana Drainage Area
50 = total percentage excluding DISTRICT portion
The population of COUNTY and CITIES will be based on the latest California
State Department of Finance population figures issued in May of each year.
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84952.1
The total shared cost of consultant services shall not exceed $200,000.00
annually.
COUNTY and CITIES shall be notified in writing of DISTRICT'S request for
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proposals from consultants, selection of a consultant, consultant's fee, and contract timetable and
payment schedule.
COUNTY and CITIES shall pay to DISTRICT their share of the shared costs
within 60 days of receipt of an invoice from DISTRICT.
4. Term of the Agreement. The term of this Agreement shall commence on the
date the last duly authorized representative of DISTRICT, COUNTY or CITIES executed it. The
term of the Agreement shall be indefinite or as long as required for compliance with the CWA,
unless each of the Co-Permittees withdraws in accordance with the terms of this Agreement.
5. Additional Parties. Any City which incorporates after the date of issuance of
the NPDES Permit and/or after the date of execution of this Agreement may file a written request
with DISTRICT asking to be added as a party. Upon receipt of such a request, DISTRICT shall
solicit the approval or denial of each Co-Permittee. If a majority of the Co-Permittees, each having
one, co-equal vote, approves the addition of the City, DISTRICT, on behalf of the Co-Permittees,
will ask RWQCB-SAR to add the City to the NPDES Permit as an additional Co-Permittee. Once
the City is made an additional Co-Permittee to the NPDES Permit, this Agreement shall be amended
to reflect the addition, and the City shall, thereafter, comply with all provisions of the NPDES Permit
and this Agreement. Upon execution of the amended Agreement, the City shall be responsible for
the shared costs discussed in Section 3 of this Agreement for the current and any subsequent budget
year.
6. Withdrawal from the Agreement Any party may withdraw from this
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Agreement 60 days after giving written notice to DISTRICT and RWQCB-SAR. The withdrawing
party shall agree in such notice to file for a separate NPDES Permit and to comply with all of the
requirements established by RWQCB-SAR. In addition, withdrawal shall constitute forfeiture of
all of the withdrawing party's share of the costs described in Section 3 of this Agreement. The
withdrawing party shall be responsible for all lawfully assessed penalties as a consequence of
withdrawal. The cost allocations to the remaining parties will be recalculated in the following
budget year.
7. Non-compliance with Permit Requirements. Any party found in non-
compliance with the conditions of the NPDES Permit within its jurisdictional boundaries shall be
solely liable for any lawfully assessed penalties. Common or joint penalties shall be calculated and
allocated between the parties according to the formula outlined in Section 3 of this Agreement.
8. Amendments to the Agreement. This Agreement may be amended by consent
of the parties which represent a majority of the percentage contribution as described in Section 3 of
this Agreement. Each party's vote will be calculated according to the percentage contribution of each
party as described in Section 3 of this Agreement. No amendment to this Agreement shall be
effective unless it is in writing and signed by the duly authorized representatives of the majority of
the parties.
9. Authorized Signatories. The General Manager-Chief Engineer of DISTRICT,
the Cluef Executive Officer of COUNTY and the City Managers of CITIES (or their designees) shall
be authorized to execute all documents and take all other procedural steps necessary to file for and
obtain an NPDES Permit(s) or amendments thereto.
10. Notices. All notices shall be deemed duly given when delivered by hand; or
three (3) days after deposit in the U.S. Mail, postage prepaid.
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84952.1
11. Governing 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.
12. Consent to Waiver and Breach. No term or provision hereof shall be deemed
waived and no breach excused, unless the waiver or breach is consented to in writing, and signed by
the party or parties affected. Consent by any party to a waiver or breach by any other party shall not
constitute consent to any different or subsequent waiver or breach.
13. Applicability of Prior Agreements. This Agreement and the exhibits attached
hereto constitute the entire Agreement between the parties with respect to the subject matter; all prior
agreements, representations, statements, negotiations and undertakings are superseded hereby.
14. Execution in Countemarts. This Agreement may be executed and delivered in
any number of counterparts or copies ('counterpart") by the parties hereto. When each party has
signed and delivered at least one counterpart to the other parties hereto, each counterpart shall be
deemed an original and, taken together, shall constitute one and the same Agreement, which shall
be binding and effective as to the parties hereto.
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84952.1
IN WITNESS WHEREOF, this Agreement has been executed as of the day and year
first above written.
WARREN D. WILLIAMS
General Manager-Chief Engineer
APPROVED AS TO FORM:
WILLIAM C. KA
County gounsej,'
TIMOTHY T. PAVIS, Deputy
Dated DES ]r, ?00?
RIVERSIDE COUNTY FLOOD CONTROL
AL: AND WATER CONSERVATION DISTRICT
JAMES A. VENABLE, Chairman /
Riverside County Flood Control and Water
Conservation District Board of Supervisors
RECOi MENDED FOR APPROVAL:
By
L Y A RISH
County Executive Officer
Dated
TMR:bjp
12/02/03
ATTEST:
NANCY,ROMO
Clerk he Bo d
ATTEST:
trs
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APPROVE AS TO 4ORM:
By
C t Attorney
CITY OF BEAUMONT
By_
Mayor
ATTEST:
By "I I e. Acm, - C(,w-mac .
City Clerk
(SEAL)
Page 16
a Executed on May 5 2003, at Calimesa California
CITY OF CALIMESA
BY. V
GregoryV. chooK Mayor
ATTEST:
'!jJensen, Ci Cle c/CityManager
Approved as to form:
Marguerite Battersby, City Attorney
Date:May 13, 2003
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APP OVED ~~S TO RM:
By
Ci y Att rney
(SEAL)
Page 18
APPROVED AS TO FORM:
By C°~rnQ G~AtP~ d°.
Ci` Attorney
CITY OF CANYON
-mayor
ATTEST: t_--
By _
City Clerk
(SEAL)
Page 19,
APPROVED AS TO FORM:
By
y Attorney
CITY OF HEMET
B- '2Jam
Ma or
ATTEST: By_
City ierk
(SEAL)
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APPR ED S =RM--
By
' y Attor ey
(SEAL)
Page 21
APPROVED AS TO FORM:
BY C~`SLGG~l O~Q~LfG
City Attorney
CITY OF MORENO VALLEY
By /I ~
Ma or
ATTEST:
BY ftkk,. `(Z ,o o C;
City Clerk
(SEAL)
Page 22
APPROVED 0 FORM: CITY OF MQRRIETA
By By
City Attorn y Mayor
ATTE T:
By
City C
(SEAL)
Page 23
APPROVED
~~~AS O FORM:
By 1U
Ci tTy A
ftorne
CITY OF NOR CO /
By r
M or
ATTEST:A
BY
City Cle txl b6pvT
(SEAL)
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APPROVE TO, FORM;
By
City Attorney , Eric Dunn
By
CIt;gll Ja~LA~
Mayor, R. Busch
ATTEST;` Ity 1 Margaret Y
(SEAL)
Page 25
APPROVED AS TO FORM:
Bye/- /
City Attorney
CITY O VERSIDE
By
Mayor
ATTEST:
By ~
City le k
(SEAL)
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APPROVED AT TO FORM:
John E. Brown, City Attorney
Best Best & Krieger
TMR:pIn
rcfc178198 v3
4128/03
CITY OF SAN JACINTO
By
im Ayr s, Mayor
ATTEST:
~1'(PLCL~I~Q.CQ~f
Dorothy L. houinard, City Clerk
Page 27 -
EXHIBIT B
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AGREEMENT
National Pollutant Discharge Elimination System
Urban Runoff Discharge Permit
Implementation Agreement
Santa Ana Region
(Santa Ana Drainage Area)
This Agreement, entered into as of this day of , 2010 by the
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
(herein called DISTRICT), the COUNTY OF RIVERSIDE (herein called COUNTY), and the
CITIES OF BEAUMONT, CALROESA, CANYON LAKE, CORONA, EASTVALE, HEMET,
LAKE ELSINORE, MENIFEE, MORENO VALLEY, MURRIETA, NORCO, PERRIS,
RIVERSIDE, SAN JACINTO and WILDOMAR, (herein called CITIES), establishes the
responsibilities of each party concerning compliance with the National Pollutant Discharge
Elimination System (NPDES) Urban Runoff Discharge Permit (NPDES Permit) issued by the
California Regional Water Quality Control Board - Santa Ana Region pursuant to Order No. R8-
2010-0033. This Agreement effectively terminates the Implementation Agreement adopted on
December 16, 2003.
RECITALS
WHEREAS, in 1987 Congress added Section 402(p) to the Federal Clean Water
Act (CWA) (33 U.S.C. §1342(p)); and
WHEREAS, Section 402(p) of the CWA requires certain municipalities,
industrial facilities and persons conducting certain construction activities to obtain an NPDES
Permit before discharging stormwater into navigable waters; and
WHEREAS, Section 402(p) further requires the Federal Environmental Protection
Agency (EPA) to promulgate regulations for NPDES Permit applications; and
WHEREAS, EPA adopted such regulations in November 1990; and
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WHEREAS, EPA delegated authority to the California Regional Water Quality
Control Board-Santa Ana Region (RWQCB-SAR) to administer the NPDES permitting process
within the boundaries of that region; and
WHEREAS, DISTRICT was created to provide for the control of flood and
stormwaters within the County of Riverside and is empowered to investigate, examine, measure,
analyze, study and inspect matters pertaining to flood and stormwaters; and
WHEREAS, the COUNTY and CITIES have land use authorities and own and
operate Municipal Separate Storm Sewer System (MS4) facilities; and
WHEREAS, on August 30, 2000 DISTRICT, COUNTY and CITIES submitted
an NPDES Permit Application for an area-wide NPDES Permit; and
WHEREAS, the NPDES Permit Application was submitted in accordance with
the previous NPDES Permit (Order No. 96-30, NPDES No. CA 618033) which expired on
March 8, 2001; and
WHEREAS, RWQCB-SAR issued a NPDES Permit to DISTRICT, COUNTY
and CITIES on October 25, 2002; and
WHEREAS, on April 27, 2007 DISTRICT, COUNTY and CITIES submitted an
NPDES Permit Application for an area-wide NPDES Permit; and
WHEREAS, the NPDES Permit Application was submitted in accordance with
the previous NPDES Permit (Order No. R8-2002-0011, NPDES No. CA 618033) which expired
on October 26, 2007; and
WHEREAS, RWQCB-SAR issued a new NPDES Permit to DISTRICT,
COUNTY and CITIES on January 29,2010; and
WHEREAS, the NPDES Permit governing municipal stormwater discharges
meets both the requirements of Section 402(p)(3)(B) of the CWA and all requirements applicable
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to an NPDES Permit issued under RWQCB-SARs discretionary authority in accordance with
Section402(a)(1)(B) of the CWA; and
WHEREAS, the NPDES Permit designates DISTRICT as the "Principal
Permittee", and COUNTY and CITIES as "Co-Permittees"; and
WHEREAS, cooperation between DISTRICT, COUNTY and CITIES in the
administration and implementation of the NPDES Permit is in the best interests of DISTRICT,
COUNTY and CITIES; and
WHEREAS, DISTRICT is willing to share the expertise of its staff with
COUNTY and CITIES so that they can join in implementing the requirements of the NPDES
Permit; and
WHEREAS, the RWQCB-SAR and the RWQCB-San Diego Region are currently
contemplating amendments to Order No. R8-2010-0033 and pending Order No. R9-2010-0016
that would effectively allow MURRIETA and WILDOMAR to be wholly regulated under Order
No. R9-2010-0016 and MENIFEE to be wholly regulated under Order No. R8-2010-0033; and
WHEREAS, MURRIETA and WILDOMAR would be subject to the LAKE
ELSINORE/CANYON LAKE NUTRIENT TMDL, independent of Order No. R8-2010-0033,
and therefore may be interested in participating in joint programs developed under this
Agreement to address the LAKE ELSINORE/CANYON LAKE NUTRIENT TMDL; and
WHEREAS, DISTRICT, COUNTY and CITIES are to perform certain activities
prescribed in the NPDES Permit and related to management of the NPDES Permit compliance
program that will benefit all parties.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Incorporation of the NPDES Permit. The NPDES Permit issued to
DISTRICT, COUNTY and CITIES by RWQCB-SAR pursuant to Order No. R8-2010-0033 is
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attached to this Agreement as EXHIBIT A and is hereby incorporated by reference in its entirety
and made a part of this Agreement.
2. Delegation of Responsibilities. The responsibilities of each of the parties
shall be as described in the NPDES Permit and reiterated as follows:
a. DISTRICT shall assume the responsibilities and meet the requirements
of the NPDES Permit by complying with Section III.A
(RESPONSIBILITIES OF THE PRINCIPAL PERMITTEE) and:
(1) Performing or coordinating all the joint sampling data collection
and assessment requirements described in the NPDES Permit
MONITORING AND REPORTING PROGRAM.
(2) Performing all of the joint reporting requirements described in
the NPDES Permit MONITORING AND REPORTING
PROGRAM. With respect to such joint reporting requirements,
the DISTRICT shall specifically:
(a) Prepare the required narrative for all joint reports; and
(b) Provide COUNTY and CITIES an opportunity to review
and comment on any such narrative.
The cost for implementing the requirements of the joint activities shall
be jointly funded as shared costs as described in paragraphs 3 and 4 of
this Agreement.
b. . DISTRICT, at no cost to COUNTY and CITIES, shall assume the
responsibilities and meet the requirements of the NPDES Permit by.
Page 32
(1) Complying with Section IILA (RESPONSIBILITIES OF THE
PRINCIPAL PERMITTEE).
(2) Complying with Sections IV (LOCAL IMPLEMENTATION
PLAN), V (DISCHARGE PROHIBITIONS), VI (EFFLUENT
LIMITATIONS, DISCHARGE SPECIFICATIONS AND
OTHER TMDL RELATED REQUIREMENTS), VII
(RECEIVING WATER LIMITATIONS), VIII (LEGAL
AUTHORITY/ENFORCEMENT), IX (ILLICIT
CONNECTIONSA LEGAL DISCHARGES (ICAD); LITTER,
DEBRIS AND TRASH CONTROL), X (SEWAGE SPILLS,
INFILTRATION INTO THE MS4 SYSTEMS FROM
LEAKING SANITARY SEWER LINES, SEPTIC SYSTEM
FAILURES, AND PORTABLE TOILET DISCHARGES), XII
(NEW DEVELOPMENT (INCLUDING SIGNIFICANT
REDEVELOPMENT)), XIII (PUBLIC EDUCATION AND
OUTREACH), XIV (PERMITTEE FACILITIES AND
ACTIVITIES), XV (TRAINING PROGRAM FOR
STORMWATER MANAGERS, PLANNERS, INSPECTORS
AND MUNICIPAL CONTRACTORS), XVI (NOTIFICATION
REQUIREMENTS), XVII (PROGRAM MANAGEMENT
ASSESSMENT/DAMP REVIEW), XVIII (FISCAL
RESOURCES), XD. (MONITORING AND REPORTING
PROGRAM), XX (PROVISIONS), XXI (PERMIT
MODIFICATION), XXII (PERMIT EXPIRATION AND
Page 33
RENEWAL) as they pertain to DISTRICT facilities and
operations.
c. COUNTY and CITIES shall, at no cost to DISTRICT, assume the
responsibilities and meet the requirements of the NPDES Permit for
land area and facilities within their individual jurisdictions by:
(1) Complying with Section IILB (RESPONSIBILITIES OF THE
CO-PERMITTEES).
(2) Complying with Sections IV (LOCAL IMPLEMENTATION
PLAN), V (DISCHARGE PROHIBITIONS), VI (EFFLUENT
LIMITATIONS, DISCHARGE SPECIFICATIONS AND
OTHER TMDL RELATED REQUIREMENTS), VII
(RECEIVING WATER LIMITATIONS), VIII (LEGAL
AUTHORITY/ENFORCEMENT), DC (ILLICIT
CONNECTIONS/ILLEGAL DISCHARGES (IC/ID); LITTER,
DEBRIS AND TRASH CONTROL), X (SEWAGE SPILLS,
INFILTRATION INTO THE MS4 SYSTEMS FROM
LEAKING SANITARY SEWER LINES, SEPTIC SYSTEM
FAILURES, AND PORTABLE TOILET DISCHARGES), XI
(CO-PERMITTEE INSPECTION PROGRAMS), XII (NEW
DEVELOPMENT (INCLUDING SIGNIFICANT
REDEVELOPMENT)), XIII (PUBLIC EDUCATION AND
OUTREACH), XIV (PERMITTEE FACILITIES AND
ACTIVITIES), XV (TRAINING PROGRAM FOR
Page 34
STORMWATER MANAGERS, PLANNERS, INSPECTORS
AND MUNICIPAL CONTRACTORS), XVI (NOTIFICATION
REQUIREMENTS), XVII (PROGRAM MANAGEMENT
ASSESSMENT/DAMP REVIEW), XVIII (FISCAL
RESOURCES), XIX (MONITORING AND REPORTING
PROGRAM), XX (PROVISIONS), XXI (PERMIT
MODIFICATION), XXII (PERMIT EXPIRATION AND
RENEWAL) as they pertain to COUNTY and CITIES facilities
and operations.
(3) Demonstrating compliance with all NPDES Permit requirements
through timely implementation of the approved Drainage Area
Management Plan (DAMP) and any approved modifications,
revisions, or amendments thereto.
(4) Providing to DISTRICT (on DISTRICT approved forms) all
information needed to satisfy the reporting requirements
described in the NPDES Permit MONITORING AND
REPORTING PROGRAM. The COUNTY and CITIES shall
specifically:
(a) Provide information on existing stormwater facilities and/or
other data as it pertains to COUNTY or CITIES facilities
when requested by DISTRICT.
(b) Submit their individual reports to DISTRICT for
.
incorporation into DISTRICT'S narrative no later than
November 1 of each year.
Page 35
3. Budgets. On or before January 15 of each year, the DISTRICT shall
prepare and submit a budget for the next fiscal year to the Santa Ana/Santa Margarita Technical
Advisory Committee (TAC). The budget shall include anticipated costs and fees for District
services or consultant services to prepare manuals, develop programs, implement programs,
engage legal counsel on behalf of the Permittees or perform studies relevant to the entire Permit
Area. Once consensus has been reached amongst the TAC, the budget will be submitted to the
Management Steering Committee.
4. Shared Costs. In the event DISTRICT requires the services of a consultant
or consultants to prepare manuals, develop programs or perform studies relevant to the entire
Permit Area, the cost of said consultant services will be shared by DISTRICT, COUNTY and
CITIES. The shared costs shall be allocated as follows:
Partm
DISTRICT
COUNTY & CITIES
Percentage Contribution
50
50
The individual percentage contribution from COUNTY and individual
CITIES shall be a function of population within the Permit Area. More specifically, such
contribution shall be calculated as the population of COUNTY or individual CITIES, divided by
the total population of all the Co-Permittees multiplied by 50, i.e.,:
Contribution
X° _
Xtot =
50 =
50(x°/xW0
population of COUNTY or individual CITIES
total population of COUNTY and CITIES in the
Santa Ana Region
total percentage excluding DISTRICT portion
The population of COUNTY and CITIES will be based on the latest
California State Department of Finance population figures issued in May of each year.
The total shared cost of consultant services shall not exceed $1,000,000.00
Page 36
COUNTY and CITIES shall be notified of DISTRICT'S request for
proposals from consultants, selection of a consultant, consultant's fee, and contract timetable and
payment schedule through the TAC.
COUNTY and CITIES shall pay to DISTRICT their share of the shared
costs within 60 calendar days of receipt of an invoice from DISTRICT.
In the event that a subset of the COUNTY or CITIES require the services of
a consultant or consultants to prepare manuals, develop programs, implement programs, engage
legal counsel, perform studies or any work to satisfy sub-regional permit requirements, the costs
of said consultant services shall be shared by the involved parties, in such a manner as approved
by the involved parties. The involved parties may utilize this Agreement to hire a consultant.
Tasks performed consistent to this paragraph shall not be subject to the total shared cost limit of
$1,000,000 for area-wide programs.
5. Term of the Agreement. The term of this Agreement shall commence on the
date the last duly authorized representative of DISTRICT, COUNTY or CITIES executed it. The
term of the Agreement shall continue to eighteen (18) months after the date that RWQCB-SAR
issues anew NPDES Permit in replacement of the existing NPDES Permit (Order No. R8-2010-
0033, NPDES No. CAS 618033) issued on January 29, 2010, unless each of the Co-Permittees
either amends this agreement or withdraws in accordance with the terms of this Agreement.
6. Additional Parties. Any City which incorporates after the date of issuance
of the NPDES Permit and/or after the date of execution of this Agreement may file a written
request with DISTRICT asking to be added as a party. Upon receipt of such a request,
DISTRICT shall solicit the approval or denial of each Co-Permittee. If a majority of the Co-
Permittees, each having one, co-equal vote, approves the addition of the City, DISTRICT, on
behalf of the Co-Permttees, will ask RWQCB-SAR to add the City to the NPDES Permit as an
Page 37
additional Co-Permittee. Once the City is made an additional Co-Permittee to the NPDES
Permit, this Agreement shall be amended to reflect the addition, and the City shall, thereafter,
comply with all provisions of the NPDES Permit and this Agreement. Upon execution of the
amended Agreement, the City shall be responsible for the shared costs discussed in Section 4 of
this Agreement for the current and any subsequent budget year.
7. Withdrawal from the Agreement. Any party may withdraw from this
Agreement 60 calendar days after giving written notice to DISTRICT and RWQCB-SAR. The
withdrawing party shall agree in such notice to file for a separate NPDES Permit and to comply
with all of the requirements established by RWQCB-SAR. In addition, withdrawal shall
constitute forfeiture of all of the withdrawing party s share of the costs paid described in Section
4 of this Agreement for that fiscal year. The withdrawing party shall be responsible for all
lawfully assessed penalties as a consequence of withdrawal. The cost allocations to the
remaining parties will be recalculated in the following budget year.
8. Non-compliance with Permit Requirements. Any party found in non-
compliance with the conditions of the NPDES Permit within its jurisdictional boundaries shall be
solely liable for any lawfully assessed penalties. This Agreement is not intended to and does not
create any joint and several liability of the parties for such penalties. Common or joint penalties
shall be calculated and allocated between the parties according to the formula outlined in Section
4 of this Agreement.
9. Amendments to the A,Ueement. This Agreement may be amended by
consent of the parties which represent a majority of the percentage contribution as described in
Section 4 of this Agreement. Each party's vote shall be calculated according to the percentage
contribution of each party as described in Section 4 of this Agreement. No amendment to this
Agreement shall be effective unless it is in writing and signed by the duly authorized
Page 38
representatives of the majority of the parties.
10.., Authorized Signatories.
The General Manager-Chief Engineer of
DISTRICT, the Chief Executive Officer of COUNTY and the City Managers of CITIES (or their
designees) shall be authorized to execute all documents and take all other procedural steps
necessary to file for and obtain an NPDES Permit(s) or amendments thereto.
11. Notices. All notices shall be deemed duly given when delivered by hand; or
three (3) days after deposit in the U.S. Mail, postage prepaid.
12. Governing 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.
13. Consent to Waiver and Breach. No term or provision hereof shall be
deemed waived and no breach excused, unless the waiver or breach is consented to in writing,
and signed by the party or parties affected. Consent by any party to a waiver or breach by any
other party shall not constitute consent to any different or subsequent waiver or breach.
14. Applicability of Prior Agreements. This Agreement and the exhibits
attached hereto constitute the entire Agreement between the parties with respect to the subject
matter; all prior agreements, representations, statements, negotiations and undertakings are
superseded hereby.
15. Execution in Counterparts. This Agreement may be executed and delivered
in any number of counterparts or copies ('counterpart") by the parties hereto. When each party
has signed and delivered at least one counterpart to the other parties hereto, each counterpart
shall be deemed an original and, taken together, shall constitute one and the same. Agreement,
which shall be binding and effective as to the parties hereto.
Page 39
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
By
WARREN D. WILLIAMS
General Manager-Chief Engineer
APPROVED AS TO FORM:
PAMELA J. WALLS
County Counsel
By
DAVID H.K. HUFF
Deputy County Counsel
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
MARION ASHLEY, Chairman
Riverside County Flood Control and
Water Conservation District
Board of Supervisors
ATTEST:
KECIA HARPER-THEM
Clerk of the Board
By
Deputy
(SEAL)
Agreement-National Pollutant Discharge Elimination System
Urban Runoff Discharge Permit Implementation Agreement -
Santa Ana Region
AM:cw
RECOMMENDED FOR APPROVAL: COUNTY OF RIVERSIDE
By By
BILL LUNA
Riverside County Executive Officer
APPROVED AS TO FORM:
PAMELA J. WALLS
County Counsel
DAVID H.K. HUFF
Deputy County Counsel
MARION ASHLEY, Chairman
Riverside County Board of Supervisors
ATTEST:
KECIA HARPER-THEM
Clerk of the Board
By
Deputy
(SEAL)
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF BEAUMONT
By
Mayor
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF CALIMESA
By
Mayor
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF CANYON LAKE
By
Mayor
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF CORONA
By
Mayor
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF EASTVALE
By
Mayor
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF HEMET
By
Mayor
APPROVED AS TO FORM:
By
CITY OF LAKE ELSINORE
City Attomey Mayor
ATTEST:
By
City Clerk
(SEAL)
Mr. Bob Brady -2- November 1, 2010
City of Lake Elsinore
Re: Implementation Agreement for NPDES
MS4 Permit for Santa Ana Region
Attached for your use and appropriate signature is a copy of the Agreement including signature pages
for your city. Please sign and return eighteen (18) original copies of the signature page by
December 30, 2010.
If you have any questions regarding this letter, please feel free to contact me at 951.955.1273.
Very truly yours,
JASON E. UHLEY
Chief of Watershed Protection Division
ec: Santa Ana MS4 Permittees
AM:cw
P8/133993
Page 50 i
AGREEMENT
National Pollutant Discharge Elimination System
Urban Runoff Discharge Permit
Implementation Agreement
Santa Ana Region
(Santa Ana Drainage Area)
This Agreement, entered into as of this day of , 2010 by the
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
(herein called DISTRICT), the COUNTY OF RIVERSIDE (herein called COUNTY), and the
CITIES OF BEAUMONT, CALIMESA, CANYON LAKE, CORONA, EASTVALE, HEMET,
LAKE ELSINORE, MENIFEE, MORENO VALLEY, MURRIETA, NORCO, PERRIS,
RIVERSIDE, SAN JACINTO and WILDOMAR, (herein called CITIES), establishes the
responsibilities of each party concerning compliance with the National Pollutant Discharge
Elimination System (NPDES) Urban Runoff Discharge Permit (NPDES Permit) issued by the
California Regional Water Quality Control Board - Santa Ana Region pursuant to Order No. R8-
2010-0033. This Agreement effectively terminates the Implementation Agreement adopted on
December 16, 2003.
RECITALS
WHEREAS, in 1987 Congress added Section 402(p) to the Federal Clean Water
Act (CWA) (33 U.S.C. §1342(p)); and
WHEREAS, Section 402(p) of the CWA requires certain municipalities,
industrial facilities and persons conducting certain construction activities to obtain an NPDES
Permit before discharging stormwater into navigable waters; and
WHEREAS, Section 402(p) further requires the Federal Environmental Protection
Agency (EPA) to promulgate regulations for NPDES Permit applications; and
WHEREAS, EPA adopted such regulations in November 1990; and
Page 51
WHEREAS, EPA delegated authority to the California Regional Water Quality
Control Board-Santa Ana Region (RWQCB-SAR) to administer the NPDES permitting process
within the boundaries of that region; and
WHEREAS, DISTRICT was created to provide for the control of flood and
stormwaters within the County of Riverside and is empowered to investigate, examine, measure,
analyze, study and inspect matters pertaining to flood and stormwaters; and
WHEREAS, the COUNTY and CITIES have land use authorities and own and
operate Municipal Separate Storm Sewer System (MS4) facilities; and
WHEREAS, on August 30, 2000 DISTRICT, COUNTY and CITIES submitted
an NPDES Permit Application for an area-wide NPDES Permit; and
WHEREAS, the NPDES Permit Application was submitted in accordance with
the previous NPDES Permit (Order No. 96-30, NPDES No. CA 618033) which expired on
March 8, 2001; and
WHEREAS, RWQCB-SAR issued a NPDES Permit to DISTRICT, COUNTY
and CITIES on October 25, 2002; and
WHEREAS, on April 27, 2007 DISTRICT, COUNTY and CITIES submitted an
NPDES Permit Application for an area-wide NPDES Permit; and
WHEREAS, the NPDES Permit Application was submitted in accordance with
the previous NPDES Permit (Order No. R8-2002-0011, NPDES No. CA 618033) which expired
on October 26, 2007; and
WHEREAS, RWQCB-SAR issued a new NPDES Permit to DISTRICT,
COUNTY and CITIES on January 29,2010; and
WHEREAS, the NPDES Permit governing municipal stormwater discharges
meets both the requirements of Section 402(p)(3)(B) of the CWA and all requirements applicable
Page 52
to an NPDES Permit issued under RWQCB-SARs discretionary authority in accordance with
Section 402(a)(1)(B) of the CWA; and
WHEREAS, the NPDES Permit designates DISTRICT as the "Principal
Pennittee", and COUNTY and CITIES as "Co-Permittees"; and
WHEREAS, cooperation between DISTRICT, COUNTY and CITIES in the
administration and implementation of the NPDES Permit is in the best interests of DISTRICT,
COUNTY and CITIES; and
WHEREAS, DISTRICT is willing to share the expertise of its staff with
COUNTY and CITIES so that they can join in implementing the requirements of the NPDES
Permit; and
WHEREAS, the RWQCB-SAR and the RWQCB-San Diego Region are currently
contemplating amendments to Order No. R8-2010-0033 and pending Order No. R9-2010-0016
that would effectively allow MURRIETA and WILDOMAR to be wholly regulated under Order
No. R9-2010-0016 and MENIFEE to be wholly regulated under Order No. R8-2010-0033; and
WHEREAS, MURRIETA and WILDOMAR would be subject to the LAKE
ELSINORE/CANYON LAKE NUTRIENT TMDL, independent of Order No. R8-2010-0033,
and therefore may be interested in participating in joint programs developed under this
Agreement to address the LAKE ELSINORE/CANYON LAKE NUTRIENT TMDL; and
WHEREAS, DISTRICT, COUNTY and CITIES are to perform certain activities
prescribed in the NPDES Permit and related to management of the NPDES Permit compliance
program that will benefit all parties.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Incorporation of the NPDES Permit. The NPDES Permit issued to
DISTRICT, COUNTY and CITIES by RWQCB-SAR pursuant to Order No. R8-2010-0033 is
Page 53
attached to this Agreement as EXHIBIT A and is hereby incorporated by reference in its entirety
and made a part of this Agreement.
2. Delegation of Responsibilities. The responsibilities of each of the parties
shall be as described in the NPDES Permit and reiterated as follows:
a. DISTRICT shall assume the responsibilities and meet the requirements
of the NPDES Permit by complying with Section III.A
(RESPONSIBILITIES OF THE PRINCIPAL PERMITTEE) and:
(1) Performing or coordinating all the joint sampling data collection
and assessment requirements described in the NPDES Permit
MONITORING AND REPORTING PROGRAM.
(2) Performing all of the joint reporting requirements described in
the NPDES Permit MONITORING AND REPORTING
PROGRAM. With respect to such joint reporting requirements,
the DISTRICT shall specifically:
(a) Prepare the required narrative for all joint reports; and
(b) Provide COUNTY and CITIES an opportunity to review
and comment on any such narrative.
The cost for implementing the requirements of the joint activities shall
be jointly funded as shared costs as described in paragraphs 3 and 4 of
this Agreement.
b. DISTRICT, at no cost to COUNTY and CITIES, shall assume the
responsibilities and meet the requirements of the NPDES Permit by:
Page 54
(1) Complying with Section III.A (RESPONSIBILITIES OF THE
PRINCIPAL PERMITTEE).
(2) Complying with Sections IV (LOCAL IMPLEMENTATION
PLAN), V (DISCHARGE PROHIBITIONS), VI (EFFLUENT
LIMITATIONS, DISCHARGE SPECIFICATIONS AND
OTHER TMDL RELATED REQUIREMENTS), VII
(RECEIVING WATER LIMITATIONS), VIII (LEGAL
AUTHORITY/ENFORCEMENT), IX (ILLICIT
CONNECTIONS/ILLEGAL DISCHARGES (ICAD); LITTER,
DEBRIS AND TRASH CONTROL), X (SEWAGE SPILLS,
INFILTRATION INTO THE MS4 SYSTEMS FROM
LEAKING SANITARY SEWER LINES, SEPTIC SYSTEM
FAILURES, AND PORTABLE TOILET DISCHARGES), XII
(NEW DEVELOPMENT (INCLUDING SIGNIFICANT
REDEVELOPMENT)), XIII (PUBLIC EDUCATION AND
OUTREACH), XIV (PERMITTEE FACILITIES AND
ACTIVITIES), XV (TRAINING PROGRAM FOR
STORMWATER MANAGERS, PLANNERS, INSPECTORS
AND MUNICIPAL CONTRACTORS), XVI (NOTIFICATION
REQUIREMENTS), XVII (PROGRAM MANAGEMENT
ASSESSMENT/DAMP REVIEW), XVIII (FISCAL
RESOURCES), XIX (MONITORING AND REPORTING
PROGRAM), XX (PROVISIONS), XXI (PERMIT
MODIFICATION), XXII (PERMIT EXPIRATION AND
Page 55
RENEWAL) as they pertain to DISTRICT facilities and
operations.
C. COUNTY and CITIES shall, at no cost to DISTRICT, assume the
responsibilities and meet the requirements of the NPDES Permit for
land area and facilities within their individual jurisdictions by:
(1) Complying with Section III.B (RESPONSIBILITIES OF THE
CO-PERMITTEES).
(2) Complying with Sections IV (LOCAL IMPLEMENTATION
PLAN), V (DISCHARGE PROHIBITIONS), VI (EFFLUENT
LIMITATIONS, DISCHARGE SPECIFICATIONS AND
OTHER TMDL RELATED REQUIREMENTS), VII
(RECEIVING WATER LIMITATIONS), VIII (LEGAL
AUTHORITY/ENFORCEMENT), Ix (ILLICIT
CONNECTIONS/ILLEGAL DISCHARGES (IC/ID); LITTER,
DEBRIS AND TRASH CONTROL), X (SEWAGE SPILLS,
INFILTRATION INTO THE MS4 SYSTEMS FROM
LEAKING SANITARY SEWER LINES, SEPTIC SYSTEM
FAILURES, AND PORTABLE TOILET DISCHARGES), XI
(CO-PERMITTEE INSPECTION PROGRAMS), XII (NEW
DEVELOPMENT (INCLUDING SIGNIFICANT
REDEVELOPMENT)), XIII (PUBLIC EDUCATION AND
OUTREACH), XIV (PERMITTEE FACILITIES AND
ACTIVITIES), XV (TRAINING PROGRAM FOR
Page 56
STORMWATER MANAGERS, PLANNERS, INSPECTORS
AND MUNICIPAL CONTRACTORS), XVI (NOTIFICATION
REQUIREMENTS), XVII (PROGRAM MANAGEMENT
ASSESSMENT/DAMP REVIEW), XVIII (FISCAL
RESOURCES), XIX (MONITORING AND REPORTING
PROGRAM), XX (PROVISIONS), XXI (PERMIT
MODIFICATION), XXII (PERMIT EXPIRATION AND
RENEWAL) as they pertain to COUNTY and CITIES facilities
and operations.
(3) Demonstrating compliance with all NPDES Permit requirements
through timely implementation of the approved Drainage Area
Management Plan (DAMP) and any approved modifications,
revisions, or amendments thereto.
(4) Providing to DISTRICT (on DISTRICT approved forms) all
information needed to satisfy the reporting requirements
described in the NPDES Permit MONITORING AND
REPORTING PROGRAM. The COUNTY and CITIES shall
specifically:
(a) Provide information on existing stormwater facilities and/or
other data as it pertains to COUNTY or CITIES facilities
when requested by DISTRICT.
(b) Submit their individual reports to DISTRICT for
incorporation into DISTRICT'S narrative no later than
November 1 of each year.
Page 57
3. Budgets. On or before January 15 of each year, the DISTRICT shall
prepare and submit a budget for the next fiscal year to the Santa Ana/Santa Margarita Technical
Advisory Committee (TAC). The budget shall include anticipated costs and fees for District
services or consultant services to prepare manuals, develop programs, implement programs,
engage legal counsel on behalf of the Permittees or perform studies relevant to the entire Permit
Area. Once consensus has been reached amongst the TAC, the budget will be submitted to the
Management Steering Committee.
4. Shared Costs. In the event DISTRICT requires the services of a consultant
or consultants to prepare manuals, develop programs or perform studies relevant to the entire
Permit Area, the cost of said consultant services will be shared by DISTRICT, COUNTY and
CITIES. The shared costs shall be allocated as follows:
Party
DISTRICT
COUNTY & CITIES
Percentage Contribution
50
50
The individual percentage contribution from COUNTY and individual
CITIES shall be a function of population within the Permit Area. More specifically, such
contribution shall be calculated as the population of COUNTY or individual CITIES, divided by
the total population of all the Co-Permittees multiplied by 50, i.e.,:
Contribution = 50(x,fxtot)
X„ = population of COUNTY or individual CITIES
Xtot = total population of COUNTY and CITIES in the
Santa Ana Region
50 = total percentage excluding DISTRICT portion
The population of COUNTY and CITIES will be based on the latest
California State Department of Finance population figures issued in May of each year.
The total shared cost of consultant services shall not exceed $1,000,000.00
annually.
Page 58
COUNTY and CITIES shall be notified of DISTRICT'S request for
proposals from consultants, selection of a consultant, consultant's fee, and contract timetable and
payment schedule through the TAC.
COUNTY and CITIES shall pay to DISTRICT their share of the shared
costs within 60 calendar days of receipt of an invoice from DISTRICT.
In the event that a subset of the COUNTY or CITIES require the services of
a consultant or consultants to prepare manuals, develop programs, implement programs, engage
legal counsel, perform studies or any work to satisfy sub-regional permit requirements, the costs
of said consultant services shall be shared by the involved parties, in such a manner as approved
by the involved parties. The involved parties may utilize this Agreement to hire a consultant.
Tasks performed consistent to this paragraph shall not be subject to the total shared cost limit of
$1,000,000 for area-wide programs.
5. Term of the Agreement. The term of this Agreement shall commence on the
date the last duly authorized representative of DISTRICT, COUNTY or CITIES executed it. The
term of the Agreement shall continue to eighteen (18) months after the date that RWQCB-SAR
issues a new NPDES Permit in replacement of the existing NPDES Permit (Order No. R8-2010-
0033, NPDES No. CAS 618033) issued on January 29, 2010, unless each of the Co-Permittees
either amends this agreement or withdraws in accordance with the terms of this Agreement.
6. Additional Parties. Any City which incorporates after the date of issuance
of the NPDES Permit and/or after the date of execution of this Agreement may file a written
request with DISTRICT asking to be added as a party. Upon receipt of such a request,
DISTRICT shall solicit the approval or denial of each Co-Permittee. If a majority of the Co-
Permittees, each having one, co-equal vote, approves the addition of the City, DISTRICT, on
behalf of the Co-Permittees, will ask RWQCB-SAR to add the City to the NPDES Permit as an
Page 59
additional Co-Permittee. Once the City is made an additional Co-Permittee to the NPDES
Permit, this Agreement shall be amended to reflect the addition, and the City shall, thereafter,
comply with all provisions of the NPDES Permit and this Agreement. Upon execution of the
amended Agreement, the City shall be responsible for the shared costs discussed in Section 4 of
this Agreement for the current and any subsequent budget year.
7. Withdrawal from the Agreement. Any party may withdraw from this
Agreement 60 calendar days after giving written notice to DISTRICT and RWQCB-SAR. The
withdrawing party shall agree in such notice to file for a separate NPDES Permit and to comply
with all of the requirements established by RWQCB-SAR. hi addition, withdrawal shall
constitute forfeiture of all of the withdrawing parry's share of the costs paid described in Section
4 of this Agreement for that fiscal year. The withdrawing party shall be responsible for all
lawfully assessed penalties as a consequence of withdrawal. The cost allocations to the
remaining parties will be recalculated in the following budget year.
8. Non-compliance with Permit Requirements. Any parry found in non-
compliance with the conditions of the NPDES Permit within its jurisdictional boundaries shall be
solely liable for any lawfully assessed penalties. This Agreement is not intended to and does not
create any joint and several liability of the parties for such penalties. Common or joint penalties
shall be calculated and allocated between the parties according to the formula outlined in Section
4 of this Agreement.
9. Amendments to the Agreement. This Agreement may be amended by
consent of the parties which represent a majority of the percentage contribution as described in
Section 4 of this Agreement. Each parry's vote shall be calculated according to the percentage
contribution of each parry as described in Section 4 of this Agreement. No amendment to this
Agreement shall be effective unless it is in writing and signed by the duly authorized
Page 60
representatives of the majority of the parties.
10., Authorized Signatories. The General Manager-Chief Engineer of
DISTRICT, the Chief Executive Officer of COUNTY and the City Managers of CITIES (or their
designees) shall be authorized to execute all documents and take all other procedural steps
necessary to file for and obtain an NPDES Permit(s) or amendments thereto.
11. Notices. All notices shall be deemed duly given when delivered by hand; or
three (3) days after deposit in the U.S. Mail, postage prepaid.
12. Governing 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.
13. Consent to Waiver and Breach. No term or provision hereof shall be
deemed waived and no breach excused, unless the waiver or breach is consented to in writing,
and signed by the party or parties affected. Consent by any party to a waiver or breach by any
other party shall not constitute consent to any different or subsequent waiver or breach.
14. Applicability of Prior Agreements. This Agreement and the exhibits
attached hereto constitute the entire Agreement between the parties with respect to the subject
matter; all prior agreements, representations, statements, negotiations and undertakings are
superseded hereby.
15. Execution in Counterparts. This Agreement may be executed and delivered
in any number of counterparts or copies ("counterpart") by the parties hereto. When each party
has signed and delivered at least one counterpart to the other parties hereto, each counterpart
shall be deemed an original and, taken together, shall constitute one and the same Agreement,
which shall be binding and effective as to the parties hereto.
Page 61 ,
Page 62
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
By
WARREN D. WILLIAMS
General Manager-Chief Engineer
APPROVED AS TO FORM:
PAMELA J. WALLS
County Counsel
By
DAVID H.K. HUFF
Deputy County Counsel
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
MARION ASHLEY, Chairman
Riverside County Flood Control and
Water Conservation District
Board of Supervisors
ATTEST:
KECIA HARPER-IHEM
Clerk of the Board
By-
Deputy
(SEAL)
Agreement - National Pollutant Discharge Elimination System
Urban Runoff Discharge Permit Implementation Agreement -
Santa Ana Region
AM:cw
Page 63
RECOMMENDED FOR APPROVAL:
By
BILL LUNA
Riverside County Executive Officer
APPROVED AS TO FORM:
PAMELA J. WALLS
County Counsel
By
DAVID H.K. HUFF
Deputy County Counsel
COUNTY OF RIVERSIDE
By
MARION ASHLEY, Chairman
Riverside County Board of Supervisors
ATTEST:
KECIA HARPER-IHEM
Clerk of the Board
By
Deputy
(SEAL)
Page 64
APPROVED AS TO FORM: CITY OF BEAUMONT
By
City Attorney
By.
Mayor
ATTEST:
By
City Clerk
(SEAL)
Page 65
APPROVED AS TO FORM: CITY OF CALIMESA
City Attorney
ATTEST:
By
City Clerk
(SEAL)
By
Mayor
Page 66
APPROVED AS TO FORM: CITY OF CANYON LAKE
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
By
Mayor
Page 67
APPROVED AS TO FORM: CITY OF CORONA
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
By
Mayor
Page 68
APPROVED AS TO FORM: CITY OF EASTVALE
By By
City Attorney Mayor
ATTEST:
By
City Clerk
(SEAL)
Page 69
APPROVED AS TO FORM: CITY OF HEMET
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
By
Mayor
Page 70
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF LAKE ELSINORE
Mayor
Page 71 1
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF MORENO VALLEY
By
Mayor
Page 72
APPROVED AS TO FORM: CITY OF MURRIETA
City Attorney
ATTEST:
By
City Clerk
(SEAL)
By
Mayor
lage 73
APPROVED AS TO FORM: CITY OF NORCO
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
Mayor
Pave 74
APPROVED AS TO FORM: CITY OF PERRIS
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
Mayor
Page 75
APPROVED AS TO FORM: CITY OF RIVERSIDE
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
By
Mayor
Page 76
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF WILDOMAR
By
Mayor
Page 77
APPROVED AS TO FORM: CITY OF SAN JACINTO
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
By
Mayor
Page 78