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HomeMy WebLinkAboutVI(J) Discussion/ Action: EPA NPDES Interlocal Agreement With Orange County Providing For Joint Control Of Pollutants (- . AGENDA 11-05-96 Ocoee 1 Item VI J O.i 1 ti #"lyo 1 Ufa ,-:.:,,s0„,11/1.4, Of coon JAMES W. SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 PHONE(407)656-2322 EXT.142•FAX(407)656-7835 MEMORANDUM DATE: October 31, 1996 TO: The Honorable Mayor and Board of City Commissioners FROM: David Wheeler, P.E,'44.v" City Engineer/Utilities Director SUBJECT: Interlocal Agreement Providing Joint Control of Pollutants Between Joint Applicants Attached is the Interlocal Agreement Providing Joint Control of Pollutants Between Municipalities, Valencia Water Control District, FDOT and Orange County Within Unincorporated Orange County. This interlocal agreement is essentially the same language as the original agreement signed and executed by the various joint applicants during the Part 1 and Part 2 permit application phases. This interlocal agreement is generally in the same format as the draft which was forwarded to the City and to Paul Rosenthal in early May of this year. The attached"copy" shows the highlighted changes from the earlier draft from comments from all the joint applicants. Basically,this agreement states that each of the joint applicants is responsible for stormwater pollution and its abatement within that entity's respective jurisdictional boundary. Additionally, each joint applicant is responsible for implementation of the NPDES Permit conditions within that entity's respective boundary. In accordance with the NPDES regulations, if there is more than one entity within the established NPDES applicant boundary and those entities choose to join their efforts under this program, the joint applicants must establish/execute interlocal agreements to ensure that stormwater pollution is addressed and appropriate permit measures are implemented. If not, then EPA may choose to direct independent entities to establish their own programs and secure their own permits independent from the other joint applicant program. I recommend that the City Commission approve this Interlocal Agreement Providing Joint Control of Pollutants Between Municipalities,Valencia Water Control District, FDOT and Orange County Within Unincorporated Orange County and authorize the Mayor and City Clerk to execute this agreement. Attachment THE PRIDE OF WEST ORANGE r COP INTERLOCAL AGREEMENT • PROVIDING JOINT CONTROL OF POLLUTANTS BETWEEN MUNICIPALITIES,VALENCIA WATER CONTROL DISTRICT, FDOT AND ORANGE COUNTY WITHIN UNINCORPORATED ORANGE COUNTY THIS INTERLOCAL AGREEMENT, by and between the Cities of Apopka, Belle Isle, Eatonville,Edgewood, Maitland, Ocoee, Winter Garden, Winter Park, all municipal corporations of the State of Florida, hereinafter referred to as CITIES, Valencia Water Control District, a water control district established pursuant to Chapter 298, Florida Statutes and Laws of Florida 72-291, herein referred to as DISTRICT, the Florida Department:of Transportation, an agency of the State of Florida,hereinafter referred to as FDOT and the County of Orange, a political subdivision of the State of Florida, hereinafter referred to as COUNTY, is entered into as set forth herein. WITNESSETH: WHEREAS,the CITIES, DISTRICT,FDOT and COUNTY desires to protect and promote the public health, safety and general welfare through the management of stormwater runoff; and WHEREAS,the CITIES,DISTRICT,FDOT and COUNTY desire to maintain and assist in the improvement of water quality and to preserve and enhance the environmental quality of streams and receiving waters; and • WHEREAS, pursuant to the Federal Clean Water Act (CWA), Section 402(p)(2), certain political entities are required to implement stormwater management programs within certain time frames; and WHEREAS,pursuant to the Clean Water Act requirements,the United States Environmental Protection Agency (EPA) has developed regulations under the National Pollutant Discharge Elimination System (NPDES) permit program published as Part 40 of the Code of Federal • Regulations (C.R.F.) Section 122.26 on November 16, 1990, 55 FR 47990; and WHEREAS, Section 402(p)(2) of the CWA provides that storm water permits be required for large and medium municipal separate storm sewer systems, determined from the 1980 census, and Appendix I to Section 122 designates the COUNTY as a medium municipal separate storm sewer system; and WHEREAS,the EPA, Region IV,notified the COUNTY on February 1, 1991_ of the action they were taking pursuant to the authority at Section 402(p) of the CWA and in an attempt to apply the regulations,had determined that the CITIES and DISTRICT within the COUNTY are designated as part of the COUNTY municipal separate storm sewer system for the purposes of NPDES permitting; and WHEREAS, 40 CFR 122.26(d)(1)(ii) - Legal Authority, requires the COUNTY, CITIES, DISTRICT and FDOT to control through interagency agreement the contribution of pollutants from one portion of the municipal system to another portion of the municipal system; and WHEREAS, the CITIES, DISTRICT and FDOT are accountable for their separate storm sewers which outfall to the COUNTY municipal separate storm sewer system or to Waters of the United States; and WHEREAS, the COUNTY is accountable for its municipal separate storm sewer system where it outfalls to the CITIES or FDOT separate storm sewer systems or to Waters of the United States; and WHEREAS,the CITIES, DISTRICT,FDOT and COUNTY have approved the concept of intergovernmental cooperation to effectively manage and control discharge into separate storm sewer systems; and 2 • WHEREAS, it is the mutual desire of the CITIES, DISTRICT, FDOT and COUNTY to establish relationships and responsibilities for control of discharges to separate storm sewer systems - as outlined in 40 C.R.F., Section 122.26. NOW,THEREFORE, in consideration of the mutual covenants herein set forth,the parties hereto mutually agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to set forth the relationships of the CITIES, DISTRICT,FDOT and COUNTY with respect to the following: A. General Responsibilities of the CITIES,DISTRICT,FDOT and COUNTY to control the contribution of pollutants from one identified CITY, DISTRICT, FDOT and COUNTY separate storm sewer system to another identified CITY, DISTRICT, FDOT or COUNTY separate storm sewer system. SECTION 2. GENERAL RESPONSIBILITIES. The CITIES, DISTRICTS, FDOT and COUNTY, as co-applicants, recognize that unless otherwise established through 'a separate agreement,each co-applicant is responsible for the discharges from within its own boundaries. The CITIES, DISTRICT, FDOT and COUNTY shall be independently responsible for controlling the contribution of pollutants as necessary to meet the requirement of 40 C.F.R. 122.26, from their respective separate storm sewer system to another CITY,DISTRICT, FDOT or COUNTY separate storm sewer system. SECTION 3. COPIES. Upon final execution of this Agreement, two.(2) copies will be provided to each CITY, DISTRICT, FDOT and COUNTY. The County's Clerk to the Board of County Commissioners shall retain the original executed Agreement. SECTION 4. PERMIT IMPLEMENTATION. Unless otherwise established under separate 3 • agreement, each party shall be solely responsible for implementation of the NPDES Permit conditions within the boundaries of its respective jurisdiction. The representative from each CITY, the DISTRICT,the COUNTY and the FDO1isiresponsible for assuring the terms of the Permit are acceptable. The CITIES, DISTRICT, FDOT and COUNTY recognize that an implementation schedule included in the Part 2 application. It is the intent of this cooperative Agreement that the CITIES, DISTRICT, FDOT and COUNTY agree, subject to budgetary constraints and other financial considerations, to complete implementation according to the application schedule as approved by the EPA. SECTION 5. LEGAL AUTHORITY. The CITIES, DISTRICT, FDOT and COUNTY agree that the co-applicants will consider, and if the CITIES, DISTRICT, FDOT and COUNTY determine that such action is in the best interest of the CITY, DISTRICT, FDOT or COUNTY, will adopt, modify request or amend, as appropriate, any ordinances, resolutions, rules, regulations or policies which will tend to enforce the content of this Agreement all in accordance with 40 C.F.R. 122.26. The CITIES,DISTRICT, FDOT and-COUNTY ac owledg d gree that FDOT is:-an .' \executive branch agency ofThe Stafe of Florida,and as such, does not have the authority to enact. ordinances.or statutes, which activity constitutes legislative activity lying within the authority of) the Florida,Legislature.,The CITIES,DISTRICT;FDOT and COUNTY further acknowledge and' lagree that the adoption of rules,.regulations and policies by F,DOT is subj ec�to the control of the- - r lorida Legislature and that FDOT cannot act beyond its delegated authority. SECTION 6. BUDGET. The co-applicants hereto recognize that under their respective legal powers they are unable to obligate themselves legally to spend funds in excess of one (1) budget year; however, the co-applicants do hereby bind themselves to complete the term of this 4 J Agreement as they may be able to under the laws of the State of Florida, and agree to appropriate funds subject to budgetary constraints and other financial considerations. SECTION 7. NOTICES. All written notices to the CITIES,DISTRICT,COUNTY and the FDOT under this Agreement shall be directed to the following address : • ORANGE COUNTY: Dr. M. Krishnamurthy, Manager Stormwater Management Department 4200 S. John Young Parkway Orlando, Florida 32839- 9205 CITY OF APOPKA: City Engineer City of Apopka P.O. Drawer 1229 Apopka, Florida 32704-1229 CITY OF BELLE ISLE: City Administrator 1600 Nela Avenue Belle Isle, Florida CITY OF EATONVILLE: Public Works Director 332 E. Kennedy Boulevard Eatonville, Florida CITY OF EDGEWOOD: Mayor City of Edgewood 405 Larue Ave. Edgewood, Florida 32809-3406 CITY OF MAITLAND: Anthony Leffin, Director Public Works 1776 Independence Lane Maitland, Florida 5 CITY OF OCOEE James Shira City Engineer 150 N. Lakeshore Drive Ocoee, Florida 34761 WINTER GARDEN: John Kirby City Engineer P.O. Box 771005 Winter Garden, Florida 34777 CITY OF WINTER PARK: Troy Attaway Stormwater Engineer 401 Park Avenue South Winter Park, Florida 32789 VALENCIA WATER Robert Andrew CONTROL DISTRICT: Director 10365 Orangewood Blvd. Orlando, Florida FLORIDA DEPARTMENT James Bassett OF TRANSPORTATION: Stormwater Engineer 719 S. Woodland Blvd. Deland, Florida 32720 SECTION 8. COUNTERPARTS. This Agreement may be executed:in.any number'of:= t.counterparts,all o which=taken toge er shall;constitute one and the same instrument; and any party or:signatory hereto may_execute this Agreement resigning any such counterpart: 'ECTION;9 t EFFECTIVE DATE: TERM: This Agreement shall become effective on the latter of the dates of execution listed below. The fully executed original shall be maintained on file with the Orange County Clerk to the Board of.County Commissioners. Unless otherwise terminated by agreement by the parties,this Agreement shall remain in effect for all perpetuity. IN WITNESS WHEREOF, the lawful representatives of the co-applicants hereto have executed and affixed their official seals as of the dates listed below. 6 ORANGE COUNTY, FLORIDA BY: County Chairman DATE: ATTEST: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners BY: Deputy Clerk - FOR THE'USE AND RELIANCE: OFORANGE COUNTY ONLY'IPA , APPROVED AS TO F,OY 19 PAtifFFI HI ©K ASSISTANT COUNTY ATTORNEY CITY OF APOPKA BY: Mayor DATE: ATTEST: City Clerk CITY OF BELLE ISLE BY: Mayor DATE: ATTEST: City Clerk CITY OF EATONVILLE BY: Mayor DATE: ATTEST: City Clerk CITY OF EDGEWOOD BY: Mayor DATE: ATTEST: City Clerk 8 . , CITY OF MAITLAND BY: Robert BrT—c MiSTOI1 DATE: ATTEST: Donna Williams, City Clerk APPROVED: ATTEST: CITY OF OCOEE le_an_Graftoi____, IS: Scott Vanderkrift, Mayor \ W)R THE USE AND g-EI,IAN.C.EONLY?; APPROVEDM THE OCOEE CITY THE CITY OE OCOEE, FE- -:61:t1)5A): COMMISSION AT A MEETINGAI APPROVEDAS,TO,FORMAND DiltLD ON , - , i9--- . - LEGALITY this. • ...day of - , 191 UNDER AGENDX.ITEMN.O.-- : FOLEY 8ARp±11k77, it -- ----Ci Attorney - -_„) ‘.-..— • 9 CITY OF WINTER GARDEN BY: Mayor DATE: ATTEST: City Clerk CITY OF WINTER PARK BY: Mayor DATE: ATTEST: City Clerk VALENCIA WATER CONTROL DISTRICT BY: TITLE: DATE: ATTEST: 10 FLORIDA DEPARTMENT OF TRANSPORTATION BY: TITLE: DATE: ATTEST: phclagrcntlnpdes2.wpd (rev.09/05/96) 11