HomeMy WebLinkAboutItem #8F
TO:
FROM:
DATE.
SUBJECT.
17,
Recommendations
10 Staff recommends
NPDES Urban Runoff Discharge Permit Implementation Agreement.
W
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS of THE CITY COUNCIL
GRANT M. YATES
CITY MANAGER
SEPTEMBER 24, 2013
FIRST AMENDMENT TO THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM URBAN RUNOFF
DISCHARGE PERMIT IMPLEMENTATION AGREEMENT,
SANTA ANA REGION
that the City Council
approve the First Amendment to the
28 City Council authorize the Mayor to execute the agreement and any other related
action .
Background
In August of 2003
the City of Lake Elsinore, Riverside County and
11 other cities
located in the Santa Ana Watershed joined with Riverside County Flood Control and
Water Conservation District in submitting as co- permittees for coverage unde
area -wide Municipal Separate Storm Sewer System (MS4) permit.
r a single
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 Food 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 February 2011.
Page 1 of 55
NPDES Implementation Agreement
September 24, 2013
Page 2
Discussion
The Permit requires the Permittees to annually review their Implementation Agreemen
and determine the need, if any for additiona
revealed several areas in need of revision.
I revision. The review of the Agreemen
t
t
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 and Jurupa Valley as signatories to the
Agreement;
2) Inclusion of language to recognize t
he entire jurisdictional areas for the citi
Murrieta and Wildomar to be solely regulated by
es of
the San Diego Region MS4
Permit. The two cities are no longer subject to the Santa Ana Region MS4
permit except with respect to those cities' compliance with the nutrient TMDL for
Lake Elsinore and Canyon Lake.
3) Inclusion of language to recognize portions of the jurisdictional area of the City
of Menifee was previously under the San Diego Region and now the entire area
is under the Santa Ana Region MS4 Permit.
4) 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.
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 2013 -2014 is $21,562.00, which is reflected in the City's
CSA 152 — NPDES adopted budget.
Prepared by: Nicole McCalmont'�
Sr. Engineering Technici
Approved by: Ati Eskandari
Interim Director of Public Works
Approved by: Grant M. Yates
City Manager
Attachments: Exhibit A — 2011 Implementation Agreement
Exhibit B — First Amendment to the Implementation Agreement
Page 2 of 55
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155244
FIRST AMENDMENT TO AGREEMENT
National Pollutant Discharge Elimination System
Urban Runoff Discharge Permit
Implementation Agreement
Santa Ana Region
(Santa Ana Drainage Area)
This First Amendment ( "Amendment ") to that certain agreement ( "Agreement ")
entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND . WATER
CONSERVATION DISTRICT ( "DISTRICT "), the COUNTY OF RIVERSIDE ( "COUNTY "),
and the CITIES OF BEAUMONT, CALIMESA, CANYON LAKE, CORONA, EASTVALE,
HFMET, LAKE ELSINOR.E,
SAN
PERRIS, RIVERSIDE
MENIFEE,
JACINTO
MORENO VALLEY, MURRIETA, NORCO,
and WILDOMAR
(individually, "CITY" and
PARTY",
collectively, "CITIES") (each of the DISTRICT, COUNTY and CITIES shall be a "
and collectively, "
PARTIES ") with respect to establishing the responsibilities of each PARTY
concerning compliance with the National Pollutant Discharge Elimination System Urban Runoff
Discharge Permit issued by the California Regional Water Quality Control Board -Santa Ana
Region ( "RWQCB -SAR ") pursuant to Order No. R8 -2010 -0033 ( "NPDES Permit "), is entered
e PARTIE
into by and between th
following:
WHEREAS, the
S and the CITY of JURUPA VALLEY with respect to the
RECITALS
RWQCB -SAR issued
COUNTY and CITIES on January 29, 2010; and
WHEREAS, the
NPDES
Permttee ", and COUNTY .and CITIES as "Co -P
the NPDES Permit to DISTRICT,
Permit designates DISTRICT as the "Principal
ermittees "; and
WHEREAS, cooperation between the PARTIES in the administration and
implementation of the NPDES Permit is in the best interests of the PARTIES; and
-1-
Page 33 of 55
155244
WHEREAS, the PARTIES entered into the Agreement to facilitate the
administration and implementation of the NPDES Permit; and
WHEREAS, on July 20, 2010 and July 21, 2010 the CITIES of MURRIETA and
WILDOMAR, respectively, pursuant -to California Water Code section 13228, requested that the
RWQCB -SAR designate the California Regional Water Quality Control Board —San Diego
Region ( "RWQCB- SDR ") as the regulating authority for all portions of those CITIES, regardless,
of RWQCB jurisdictional boundaries for matters pertaining to MS4 permitting; and
WHEREAS, on July 22, 2010, the CITY of MENIFEE requested that the
RWQCB -SDR designate the RWQCB -SAR as the regulating authority for all portions of .the
CITY, regardless of RWQCB jurisdictional boundaries for matters pertaining to MS4 permitting;
and
WHEREAS., on September 28, 2010, the Executive Officers of the RWQCB -SAR
and RWQCB -SDR signed Designation Agreements, pursuant to Water Code Section 13228(a),
providing (1) the RWQCB -SDR authority to regulate municipal stormwater runoff from the
CITIES of MURRIETA and WILDOMAR, including those portions of the CITIES that fall
within the RWQCB -SAR geographic jurisdiction; and (2) the RWQCB -SAR the authority to
regulate municipal stormwater runoff from all portions of the CITY of MENIFEE, including
those portions that are within the RWQCB -SDR geographic jurisdiction; and
WHEREAS, in accordance With the RWQCB -SDR. Permit, Order No. R9 -2010-
0016, the CITIES of MURRIETA and WILDOMAR are required to comply With the applicable
provisions of the Santa Ana NPDES MS4 Permit, Order R8 -2010 -0033, pertaining to
implementation of the Nutrient Total Maximum Daily Load (TMDL) for Lake Elsinore and
Canyon Lake and
WHEREAS, Order R8 -2010 -0033 requires the CITY of MENIFEE to comply
- 2 -
Page 34 of 55
155244
with. TMDLs and associated MS4 permit requirements issued by the RWQCB -SDR which
include the CITY of MENIFEE as a responsible PARTY; and
WHEREAS, on June 7, 2013 the RWQCB -SAR NPDES Permit Order No. R8-
201M033 was amended with Order No. R8-2013-0024 to provide for the removal of the
CITIES of MURRIETA and WILDOMAR and the addition of the newly incorporated CITIES of
EASTVALE and JURUPA VALLEY; and
WHEREAS, the entire jurisdictional areas of the CITIES of MURRIETA and
WILDOMAR are now regulated by the RWQCB -SDR with respect to MS4 stormwater
discharges 'and are no longer subject to the RWQCB -SAR NPDES Permit except with respect to
those CITIES' compliance with the Nutrient TMDL for Lake Elsinore and Canyon Lake; and
WHEREAS, portions of the jurisdictional area of the CITY of MENIFEE were
previously under the jurisdiction of the RWQCB -SDR and the entire jurisdictional area of the
CITY of MENIFEE is now under the jurisdiction of the RWQCB -SAR.
NOW, THEREFORE, the PARTIES do mutually agree as follows:
1. R
oval of CITIES of
A and WILDOMAR. Upon the Effective
Date of this Amendment, the CITIES of MURRIETA and WILDOMAR are no longer subject to
the terms of this Agreement except as necessary to meet their respective TMDL obligations
(including cost shares for regional TMDL programs' paid for through this agreement, timely
implementation of Comprehensive Nutrient Reduction Plan programs and requirements, and
timely submittal of information needed to satisfy TMDL reporting requirements) and except for
where the CITIES of MURRIETA and WILDOMAR wish to participate in other related reports,
studies or programs that may be necessary to address the Lake Elsinore and Canyon Lake: .
Nutrient TMDL or other future TMDLs regulating the portion of the CITIES of MURRIETA and
WILDOMAR within the RWQCB -SAR jurisdiction.
� 3 _
Page 35 of 55
Amendment
2.
the CITY of JURUPA VALLEY is a PARTY under the Agreement and shall be
considered a "CITY" for purposes of all duties and responsibilities assigned, and all benefits
155244
ition of CITY of JURUPA VALLEY. Upon the Effective Date of this
accruing, to CITIES under the Agreement.
3. Permit Area Amendment. As
Area" shall include the entire jurisdicti
4. Effective Date of
used in the Agreement, the term "Permit
onal area of the CITY of MENIFEE.
ent. This Amendment shall become effective on
the last date that both (a) duly authorized representatives of PARTIES representing a majority of
. the percentage contributio
n set forth in Section 4 of the Agreement and (b) the CITIES of
JURUPA VALLEY, MENIFEE, MURR.IETA and wILDOMAR sign the Amendment. Each
PARTY's vote shall be calculated according to the percentage contribution of each PARTY as
described in Section 4 of the Agreement.
5. Budget ResDonsibili
of CITY of JURUPA VALLEY. Upon the Effective
Date of the Amendment, the CITY of JURUPA VALLEY shall be responsible for the shared
costs discussed in Section 4 of the Agreement for the current and any subsequent budget year.
60 Effectiveness of Agreement.
the Agreement remain in
7. Ann
full force and effect.
icability of Prior A
Except as amended herein, all provisi
ons in
ents. This Amendment, the Agreement and
the exhibits attached hereto constitute the entire Agreement between the PANTIES with respect
to the subject matter; all prior agreements, representations, statements, negotiations, and
undertakings are superseded hereby.
8. Execution in Counterparts. This Amendment may be executed and
delivered in any number of counterparts or copies (" counterpart ") by the PARTIES hereto.
When each PARTY has signed
a
and delivered at least one counterpart to the
- 4 -
other PARTIES
Page 36 of 55
hereto, each counterpart shall be deemed an original and, taken together
155244
, shall constitute one and
the same agreement, which shall be binding and effective as to the PARTIES hereto.
IN WITNESS WHEREOF, the PARTIES hav
forth below.
-5-
e executed this Amendment on the dates set
Page 37 of 55
RECOMMENDED FOR APPROVAL.
By
WARREN D. WILLIAMS
General Manager -Chief Engineer
APPROVED AS TO FORM.
PAMELA J. WALLS
County Counsel
By
Karin Watts -Bazan
Principal Deputy County Counsel
155244
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
MARION ASHLEY, Chairman
Riverside County Flood Control and Water
Conservation District Board of Supervisors
Date:
ATTEST:
KECIA HARPER4HEM
Clerk of the Board
By
- 6 -
Date:
(SEAL)
Page 38 of 55
,7
RECOMMENDED FOR APPROVAL.
By
JAY ORR
Riverside County Executive Officer
APPROVED AS TO FORM.
PAMELA J. WALLS
County Counsel
By
KARIN WATTS -BAZAN
Principal Deputy County Counsel
F
COUNTY OF RIVERSIDE
By
JOHN J. BENOIT, Chairman
Riverside County Board of Supervisors
Fourth District
Date.
ATTEST.
KECIA HARPER4HEM
Clerk of the Board
By
w
7 w
Deputy
Date:
(SEAL)
Page 39 of 55
155244
APPROVED AS TO FORM:
By
City Attorney
ATTEST":
By
City Clerk
(SEAL)
CITY OF BEAUMONT
By
Mayor
Date:
..
8 _ Page 40 of 55
155244
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF CALIMESA
By
Mayor
- 9r -
Date:
Page 41 of 55
155244
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF CANYON LAKE
By
Mayor
Date:
10 - Page 42 of 55
155244
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF CORONA
By
Mayor
Date:
-11-
Page 43 of 55
155244
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF EASTVALE
By
Mayor
Date:
.. 12 . I Page 44 of 55
155244
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY of HEMET
By
Mayor
Date:
13-
Page 45 of 55
155244
APPROVED AS To FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF JURRUPA VALLEY
By
Mayor
Date:
.. 14 Page 46 of 55
155244
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF LAKE ELSINORE
By
Mayor
Date:
15 - Page 47 of 55
155244
1
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF MENIFEE
By
Mayor
Date:
- 16-
Page 48 of 55
155244
rN
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF MORENO VALLEY
By
Mayor
Date:
17_ Page 49 of 55
155244
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF MURRIETA
By
Mayor
Date:
- 18 - Page 50 of 55
155244
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
r
CITY OF NORCO
By
Mayor
Date:
r 1 9 �
Page 51 of 55
155244
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF PERRIS
By
Mayor
Date:
_20_ Page 52 of 55
155244
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF RIVERSIDE
By
Mayor
Date:
155244
APPROVED AS TO FORM:
By
City Attorney
ATTEST:
By
City Clerk
(SEAL)
CITY OF SAN JACINTO
By
Mayor
Date:
-22 - Page 54 of 55
155244
APPROVED AS TO FORM: CITY OF WILDOMAR
By By
City Attorney Mayor
ATTEST:
By Date:
City Clerk
(SEAL)
23 -
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155244