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HomeMy WebLinkAbout1994-04-26 - AGENDA REPORTS - AGMT LACO IMPLEMENTATION NPDES (2)AGENDA REPORT City Manager Approval Item to be presente ,O ` Anthony J. Nlsichlp +� CONSENT CALENDAR DATE: April 26, 1994 SUBJECT: AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR IMPLEMENTATION OF THE NPDES. PERMIT DEPARTMENT: Community Development BACKGROUND The City is required to comply with the terms of the National Pollution Elimination Discharge System (NPDES) permit for storm water. The permit was issued on January 18, 1990 to all cities in the Los Angeles basin. The City became a Co -permittee with the County on June 18, 1990. As part of the permit compliance, the City is required to execute a permit implementation agreement with the County. The agreement establishes the responsibilities of the County and the City as a Co -permittee. Each party is responsible for the facilities which it owns within the jurisdictional boundary. The County as the principal permittee will coordinate the permit activities, establish formats and schedules, develop a work plan and establish an advisory committee. The City as a Co -permittee is responsible for adoption of a Water Pollution Control Ordinance, permit implementation requirements for its facilities, the performance of tasks required for compliance for year one through three, notifying other agencies of any discharges which are their responsibility and for funding the required activities. The following is a summary of the contents of the agreement: Definitions Structure and Responsibilities The responsibilities of the City as a Co -Permittee: Adoption of a Water Pollution Control Ordinance Permit implementation requirements Performance of tasks required for compliance for year one through three Permit renewal requirements Notiflying the appropriate agency of any discharges which are their responsibility Funding the required activities Terms of the Agreement RECOMMENDATION Approve the Agreement, and authorize the Mayor, City Clerk and City Attorney to execute the agreement. ATTACHMENT A TflowED Agreement NED:hds councftpdesimp.n Ager, 4N Item 9 VW NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPOES) PERMIT NO. CAOO61654-CI6948 O PERMIT IMPLEMENTATION AGREEMENT This Agreement is entered into by and among the Permitteesas defined hereinbelow. This Agreement establishes the responsibilities of each party hereto with respect to compliance with the National Pollutant Discharge Elimination System (NPDES) Permit No. CA0061654-CI6948 (herein called the Permit), attached hereto as Attachment A, issued by the California Regional Water Quality Control Board, Los Angeles Region (CRWQCB). The parties hereto agree as follows: A. DEFINITIONS 1. Principal Permittee means the County of Los Angeles. 2. Co -Permittee means any city or other entity which is a Co -Permittee under the Permit and which is a party to this Agreement. Any city or other entity which is listed in the Permit as a Co -Permittee but which is not a party to this Agreement.shall not be considered a Co -Permittee for purposes of this Agreement. 3. Permittees includes the Principal Permittee and all the Co -Permittees. 4. Flood Control District means all that portion of the County of Los Angeles lying south of the north line of Township 5 North, San Bernardino base, excepting • therefrom the islands of Santa Catalina and San Clemente and. the islands off the coast included in Los Angeles County. 5. Jurisdictional boundaries means: (1) for cities, the city boundaries (2) for counties, the unincorporated areas within such county, and (3) for special agencies such as Caltrans, the property boundaries of the agency. 6. Storm drain system, per 40 Code of Federal Regulations part 122, Section 122.26(b)(8), means a conveyance or system of conveyances, including roads with drainage.systems, municipal :streets, catch basins, curbs, gutters, ditches, man-made,channels, or storm drains. B. STRUCTURE AND RESPONSIBILITIES 1. All Permittees are independently responsible for complying with the requirements of the Permit within their own jurisdictional boundaries, except that a Permittee is -responsible for such compliance for all storm drains that it owns within the jurisdictional boundary of another Permittee. 2. The Principal Permittee shall be responsible for the following: a) Coordination of Permit activities, including establishing a uniform mapping and data presentation format, to be used by all Permittees. Page 1 of 5 0 0 CONSENT CALENDAR AGENDA REPORT City Manager Approval , Item Ito be presente 1,,r,` Anthony J.Nlsich'�y�\ DATE: April 26, 1994 SUBJECT: AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR IMPLEMENTATION OF THE NPDES PERMIT DEPARTMENT: Community Development BACKGROUND The City is required to comply with the terms of the National Pollution Elimination Discharge System (NPDES) permit for storm water. The permit was Issued on January 18, 1990 to all cities In the Los Angeles basin. The City became a Co -permittee with the County on June 18, 1990. As part of the permit compliance, the City Is required to execute a permit Implementation agreement with the County. - The agreement establishes the responsibilities of the County and the City as a Co -permittee. Each party 1s responsible for the facilities which It owns within the jurisdictional boundary. The County as the principal permittee will coordinate the permit activities, establish formats and schedules, develop a work plan and establish an advisory committee. The City as a Co -permittee Is responsible for adoption of a Water Pollution Control Ordinance, permit Implementation requirements for Its facilities, the performance of tasks required for compliance for year one through three, notifying other agencies of any discharges which are their responsibility and for funding the required activities.' The following is a summary of the contents of the agreement: Definitions Structure and Responsibilities The responsibilities of the City as a Co -Permittee: • Adoption of a Water Pollution Control Ordinance Permit Implementation requirements • Performance of tasks required for compliance for year one through three • Permit renewal requirements Notlilying the appropriate agency of any discharges which are their responsibility Funding the required activities Terms of the Agreement RECOMMENDATION , Approve the Agreement, and authorize the Mayor, City Clerk and City Attorney to execute the. agreement.; ATTACHMENT Agreement NED:hds a nr7 cwmciNgdsYmprrd AlleH'M Item: E J 0 b) Serving as the liaison agency between the Co -Permittees and the CRWQCB with responsibilities including: i) Establishment of reasonable time schedules and notifying Co -Permittees of such schedules for the performance of tasks and activities per the requirements of the Permit. ii) Preparation of quarterly progress reports and annual Permit reports on Permit activities for submittal to the CRWQCB. For the annual Permit report, a draft will be circulated to each Co -Permittee for its review and comment prior to forwarding to the CRWQCB. Final copies of reports shall be forwarded to the Co -Permittees. iii) Upon receipt of information and materials submitted by the Co -Permittees in compliance with Permit requirements, packaging and forwarding these submittals, on behalf of the Co -Permittees, to the CRWQCB. iv) For Permit submittals which involve public review, i.e., Permit requirements 2.1.8 to 2.1.9 and 3.1.2 to 3.1.4 (as specified on pages 9 to 11 of the Permit), the Principal Permittee shall schedule the submittals for public input, route public comment back to Co -Permittees for possible refinement of documents, arrange to receive final documents, and package and forward documents to the CRWQCB for their review and approval. v) Updating all Co -Permittees on CRWQCB and/or the United States Environmental Protection Agency (US -EPA) regulations and Co -Permittee responsibilities related to stormwater discharge activities and Permit compliance. vi) Arranging for the collection and payment of all annual Permit renewal fees required by the CRWQCB, as referred to in Section C below. c)" Developing a work plan for a proposed stormwater/urban runoff monitoring program within each drainage basin. Soliciting input on the program from Co -Permittees within the respective drainage basin. Subsequent to the approval of the program by the CRWQCB, installing, operating, and maintaining the equipment for the program and reporting the progress and findings of the program to the CRWQCB. d) Establishing and chairing an advisory committee or committees consisting of the Principal Permittee and volunteer Co -Permittees to develop recommendations for consideration by the Permittees on basin -wide drainage (as defined in Section 1 of the Permit) programs. Page 2 of 5 Each Co -Permittee shall agree to perform all tasks required by Sections 2.0, 3.0, 4.0, and 5.0 of the Permit according to a format and time l schedule specified by the Principal Permittee, unless a format and/or time schedule is specified by the CRWQCB. Each Permittee shall adopt a water pollution control ordinance (or formal agency policy for Co -Permittees which do not adopt ordinances) regulating stormwater/urban runoff discharges to the storm drain system as required by the Permit. Such an ordinance shall prohibit all discharges to the storm drain system which are in violation of Federal and/or State laws and regulations. The ordinance must provide for its enforcement and at a minimum specify that violators may be subject to penalties including, but not limited to, fines and termination of the activity causing the violation. The failure of any Co -Permittee to adopt such an ordinance or policy within the time period allowed by the Permit or such longer time granted by the Principal Permittee shall be deemed to be a withdrawal by that Co -Permittee from this Agreement. 5. Each Permittee shall be responsible for the implementation of measures, as required by the Permit, to identify and eliminate all discharges to the storm drain system which are in violation of Federal, State, and/or local laws and regulations. Each Permittee shall be responsible for responding to illegal discharge/dumping incidents that occur during the term of this Agreement involving the storm drain system owned and operated by that Permittee. To the extent required by the Permit, such response shall include investigation,, containment and clean-up activities as appropriate. This Agreement shall not preclude any legal action by a Permittee against any party(ies) responsible for illegal and illicit discharges to any storm drain and/or flood control system. 6. Each Permittee agrees to notify another Permittee, in accordance with and to the extent required by guidelines to be developed and approved by the Permittees, if it becomes aware of an illegal discharge or dumping incident that involves or may impact that other Permittee's storm drain system. 7. Nothing in this Agreement shall be construed as imposing any duties upon any Permittee beyond those required by the Permit. This Agreement shall not constitute an indemnification Agreement under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Section 107(e), 42 United States Code 9607(e), or any other provision of law. C. FUNDING 1. Each Permittee shall fund the implementation of its activities required by the Permit (1) within all storm drains that it owns and (2) within its jurisdictional boundaries, except within any storm drains owned by another Permittee. 2. The Principal Permittee shall fund the Permit renewal fees and the activities specified in Section B.2 above through the Los Angeles County Flood Control. District on behalf of those Permittees within the District. Page 3 of 5 3. A separate funding Agreement to assist in funding the Permit renewal fees and the Permit activities specified in Section B.2 above shall be -' executed between the Principal Permittee and any Co -Permittee not within the Los Angeles County Flood Control District or not subject to its funding structure. Negotiation of such Agreements shall be solely between the Principal Permittee and the Co -Permittee in question. If any such funding Agreement is not in place within a year after the execution of this Agreement by the Co -Permittee in question, or within any longer time period granted by the Principal Permittee, the Co -Permittee which has not executed such funding Agreement shall be deemed to have withdrawn from this Agreement. D. NON-COMPLIANCE WITH PERMIT 1. This Agreement shall not be construed to confer any authority upon the Principal Permittee to enforce the requirements of the Permit. 2. If any fine or penalty is imposed upon the Permittees by the CRWQCB or other regulatory agency for a violation of the Permit, pursuant to California Water Code Section 13385 or Section 309 of the Clean Water Act (33 Unites States Code 1319), only those Permittees responsible for a violation of the Permit (including those Permittees whose noncompliance with this Agreement caused the Permit violation) shall be responsible for the payment of such fine or penalty. Nothing in this Agreement shall constitute an admission by any Permittee that any such fine or penalty has been lawfully imposed, nor shall this Agreement f preclude any right a Permittee may otherwise have to contest such fine or penalty. E. WITHDRAWAL FROM AGREEMENT 1. Any Permittee wishing to withdraw from this Agreement shall be required to provide written notice, in the form of a resolution adopted by the governing body of the Permittee, to all other Permittees at least 60 days prior to the effective date of the withdrawal, except that for any withdrawal pursuant to Section B.4, or Section C.3. of this Agreement, the Principal Permittee shall notify all Co -Permittees within 60 days after the effective date of the withdrawal. 2. A withdrawing Co -Permittee shall be responsible for the direct processing costs of the Principal Permittee associated with such withdrawal and all funding commitments made by such Permittee prior to withdrawal. F. AMENDMENTS TO AGREEMENT 1. This Agreement may be amended by the written approval of all parties to this Agreement. 2. Any amendment shall comply with the requirements and regulations set forth by the CRWQCB. Page 4 of 5 G. 0 J. ADDITIONAL AGREEMENTS If any Permittee executes a separate Agreement with any other Permittee(s) regarding stormwater/urban runoff discharge management issues, such Agreement will not constitute an amendment to this Agreement, even though it may reference this Agreement. TERM OF THE AGREEMENT This'Agreement commences as to each Permittee upon execution by the duly authorized representative of such Permittee. The term of the Agreement shall be the same as the current NPDES Permit issued by the CRWQCB (valid through June 30, 1995). NOTICES All notices and correspondences shall be deemed duly given, if they are forwarded to the designated representative of the Permittee via a) certified U.S. mail; b) delivered by hand; c) three (3) days after deposit in the U.S. Mail, postage prepaid and notice to the addressee of such mailing by phone immediately after deposit in the U.S. Mail; or d) faxed and confirmed by phone immediately after sending the FAX. GOVERNING LAW This Agreement will be governed and construed in accordance with laws of the State of California. If any provision(s) 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 thereby. FK:mp/NPDES.LAR Page 5 of 5 CITY OF SANTA CLARITA NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM AGREEMENT IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT. Date: ATTEST: m Mayor City Clerk APPROVED AS TO FORM: City Attorney