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q`'FO City Council Staff Report
Date: July 3, 2012 CONSENT CALENDAR
Subject: APPROVAL OF FIRST AMENDMENT TO NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER
DISCHARGE PERMIT IMPLEMENTATION AGREEMENT
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
In 2008, the City adopted an Implementation Agreement that fulfills the requirements of
the five-year National Pollutant Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer System (MS4) Permit. The purpose of the MS4 Permit is to
regulate discharges of urban runoff into city streets, channels, and piping systems which
are a part of the City's storm drainage system. The current Implementation Agreement
expired when the 2013 MS4 Permit was approved at the California Regional Water
Quality Control Board (RWQC) meeting on June 20, 2013.
Although approved, implementation cannot occur until the Executive Officer of the
California Regional Water Quality Control Board of the Colorado River Basin Region
has approved the revised versions of the Storm Water Management Plan (SWMP), the
Water Quality Management Plan (WQMP) and, possibly, the Best Management Practice
Handbook for the Whitewater River Region. This should occur within 12 months. Until
the 2013 MS4 Permit is finalized, the 2008 MS4 Permit will remain in effect until final
approval of the 2013 MS4 Permit.
To maintain coverage, the County has requested that all agencies execute a one-year
amendment to the Implementation Agreement. When the new permit requirements are
finalized, the County will be requesting that all agencies execute a second amendment
with a four-year term.
RECOMMENDATION:
1) Approve the First Amendment to the National Pollutant Discharge Elimination
System Stormwater Discharge Permit Implementation Agreement.
2) Authorize the City Manager to execute all necessary documents.
ITEM NO.
City Council Staff Report
July 3, 2013 - Page 2
Amendment 1 of NPDES Stormwater Discharge Permit Implementation Agreement
STAFF ANALYSIS:
The following is a list of programs that are implemented through the Agreement:
1) Compliance Assistance Program — all commercial and industrial facilities are
inspected.
2) Hazardous Material Clean-up — provides for the response to and clean-up of this
public health and safety item.
3) Water Quality Monitoring Program — provides water quality monitoring, testing
and chemical analysis for the region.
4) Public Education/Outreach — conducts outreach by providing booths at festivals,
conducting school presentations, business presentations, partnering with other
agencies, and developing and distributing materials to the Coachella Valley
residents and businesses.
5) Household Hazardous Waste (HHW) —funds the permanent HHW facility in Palm
Springs, and the annual periodic HHW collection events throughout the
Coachella Valley.
6) Semi-annual Water Quality Training — trains the staff who will implement all
aspects of the MS4 Permit.
7) General Permit Compliance Activities — through cost sharing, the agencies
provide funding to develop, revise and submit MS4 Permit compliance
documentation, including: annual reports, Reports of Waste Discharge (when
necessary), a region-wide Water Quality Management Plan, the Storm Water
Management Plan, and NPDES Permit development.
FISCAL IMPACT:
The County estimates that implementing the MS4 Permit will cost the City $72,600; this
amount is included in the Fiscal Year 2013/2014 Budget in the following accounts: 124-
4242-43200 and 124-4242-48400. If the requirements of the proposed MS4 Permit
exceed this budget, staff will request a mid-year budget adjustment.
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City Council Staff Report
July 3, 2013 - Page 3
Amendment 1 of NPDES Stormwater Discharge Permit Implementation Agreement
SUBMITTED:
Prepared y, , Recommended by:
Savat KhamphA David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
David H. Ready, City Manag
ATTACHMENTS:
1. First Amendment to NPDES Stormwater Discharge Permit Implementation
Agreement
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I FIRST AMENDMENT TO AGREEMENT
2 National Pollutant Discharge Elimination System
Stormwater Discharge Permit
3 Implementation Agreement
4 (California Regional Water Quality Control Board—
Colorado River Basin Region)
5
6 This First Amendment ("First Amendment") to the agreement ("Agreement') entered
7 into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER
8 CONSERVATION DISTRICT ("DISTRICT"), the COUNTY OF RIVERSIDE ("COUNTY"), the
9 COACHELLA VALLEY WATER DISTRICT ("CVWD"), and the CITIES of BANNING,
10 CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA
11 QUINTA, PALM DESERT, PALM SPRINGS and RANCHO MIRAGE ("CITIES") (individually,
12 'PARTY" and collectively, 'PARTIES") to establish the responsibilities of each PARTY
13 concerning compliance with the National Pollutant Discharge Elimination System ("NPDES")
14 Municipal Separate Storm Sewer System (MS4) Permit issued by the California Regional Water
15 Quality Control Board - Colorado River Basin Region (CRWQCB-CRB) pursuant to Order No. R7-
16 2008-0001 and Order No. 01-077, is entered into by and between the PARTIES with respect to the
17 following:
18 RECITALS
19 A. WHEREAS, the CRWQCB-CRB is preparing an NPDES permit to replace
20 Order No. R7-2008-0001, which is scheduled to be adopted by the CRWQCB-CRB on or about
21 June 20, 2013 as Order No. R7-2013-0011 or such other numbered order as the CRWQCB-CRB
22 may adopt("Order No. R7-2013-0011"); and
23 B. WHEREAS, the PARTIES wish to amend the Agreement to allow it to govern
24 the responsibilities of the PARTIES under Order No. R7-2008-0001, for as long as Order No. R7-
25 2008-0001 is effective, and under R7-2013-0011, at such time as Order No. R7-2013-0011 is
26 effective; and
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I C. WHEREAS, the Agreement provides in Section 9 that it may be amended by
2 consent of all PARTIES, provided it is in writing and duly signed by the authorized representatives
3 of all PARTIES.
4 NOW, THEREFORE, the PARTIES hereto do mutually agree as follows:
5 1. Section 1 of the Agreement is deleted in its entirety and replaced by the
6 following:
7 "NPDES Permit. A true and correct copy of the existing NPDES permit issued
8 to the Parties to the Agreement pursuant to Order No. R7-2008-0001 is attached to this Agreement
9 as Exhibit A and is hereby incorporated by reference in its entirety and made a part of this
10 Agreement. Order No. R7-2008-0001 is intended to be replaced by a new order, referred to
11 hereinafter as "Order No. R7-2013-001 I". This Agreement shall also apply to Order No. R7-2013-
12 0011,the contents of which shall be incorporated by reference in its entirety and made a part of this
13 Agreement upon the effective date of Order No. R7-2013-0011. For the purpose of implementing
14 this Agreement, the term "NPDES Permit" shall mean and refer to Order No. R7-2008-0001 during
15 the time that Order No. R7-2008-0001 is effective, and shall mean and refer to Order No. R7-2013-
16 0011 at such time as Order No. R7-2013-0011 is effective."
17 2, Section 3.13. of the Agreement is deleted in its entirety and replaced by the
18 following:
19 "Monitoring Program. DISTRICT and CVWD shall perform or coordinate
20 monitoring of surface water and urban runoff in accordance with the provisions of the NPDES
21 Permit Monitoring and Reporting Program contained therein, with the exception of monitoring
22 performed pursuant to the CITY OF COACHELLA'S Quality Assurance Project Plan and
23 Monitoring Plan ("QAPPMP") to address the bacterial indicator Total Maximum Daily Load for the
24 Coachella Valley Stormwater Channel ("CVSC TMDL"). The location of NPDES Permit sampling
25 sites not part of the CVSC TMDL monitoring program ("Sites") shall be determined by DISTRICT
26 and CVWD, subject to approval by CRWQCB-CRB. More specifically:
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I A. The CITY OF COACHELLA shall be solely responsible for all duties
2 and costs associated with monitoring, analysis and reporting performed
3 pursuant to its QAPPMP and shall be responsible, along with any other
4 Party to this Agreement which may hereafter be named as a responsible
5 party under the CVSC TMDL, to otherwise comply with monitoring
6 requirements under the CVSC TMDL.
7 B. DISTRICT and CVWD shall perform NPDES Permit monitoring for all
8 Sites located within the respective limits of their jurisdictions.
9 DISTRICT and CVWD may implement alternative approaches to sample
10 collection, including use of consultants, reassigning Sites between the
11 agencies, or other alternative approaches that may ensure improved
12 permit compliance. Said alternative approaches may be implemented
13 upon the mutual agreement of CVWD and DISTRICT.
14 C. DISTRICT shall reimburse CVWD for all of its costs associated with
15 sample collection and laboratory analysis.
16 D. DISTRICT shall be reimbursed by CVWD, COUNTY and CITIES for
17 the costs of its performance of the requirements of this Section, in
18 accordance with the cost sharing provisions set forth in Section 4 of this
19 Agreement."
20 3. Section 3.E of the Agreement is deleted in its entirety and replaced by the
21 following:
22 "Desert Task Force. Each Permittee shall designate staff representatives to the
23 Desert Task Force in writing to DISTRICT. The Desert Task Force shall be responsible for
24 coordinating regional NPDES Permit and Monitoring and Reporting Program compliance activities,
25 including related communications with CRWQCB-CRB,updates to this Implementation Agreement
26 and other compliance orders issued by CRWQCB-CRB affecting the NPDES Permit, NPDES MS4
27 Monitoring and Reporting Program and/or the Whitewater River Watershed Municipal Stormwater
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I Program Stormwater Management Plan. In addition, the Desert Task Force, or sub-committees
2 thereof, shall be the forum for distribution, discussion and decision-making of items related to
3 agreements and consultant selection related to regional compliance with the NPDES Permit."
4 4. New Section 3.J, is added to the Agreement, to read as follows:
5 "J. Notwithstanding any other provision of this Agreement, all costs, duties and
6 responsibilities associated with compliance with the CVSC TMDL, including without limitation,the
7 costs for implementing the QAPPMP and all monitoring, analysis, report preparation and other
8 tasks required for compliance with the CVSC TMDL, shall be the sole responsibility of the CITY
9 OF COACHELLA and/or,as appropriate, any other PARTY to this Agreement which may hereafter
10 be added as a responsible party under the CVSC TMDL, and shall not be a shared cost under
I 1 Section 4 of the Agreement or be the responsibility of any other PARTY to the Agreement."
12 5. Section 5 of the Agreement is deleted in its entirety and replaced by the
13 following:
14 "Term of the Agreement. The term of this Agreement shall commence on the
15 date the last duly authorized representative of DISTRICT, COUNTY, CVWD or CITIES executes
16 it. The Agreement shall remain in effect until the earlier of one (1) year after the effective date of
17 Order No. R7-2013-0011 or the date this Agreement is replaced by a new agreement covering
18 implementation of Order No. R7-2013-001 I."
19 6. Section 14 of the Agreement is deleted in its entirety and replaced by the
20 following:
21 "Applicability of Prior Agreements. This Agreement, the First Amendment and
22 the exhibits attached thereto constitute the entire agreement between the PARTIES to the
23 Agreement with respect to the subject matter thereof; all prior agreements, representations,
24 statements, negotiations and undertakings concerning implementation of the NPDES Permit within
25 the limits of CRWQCB-CRB's jurisdictional area are superseded hereby."
26 7. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with
27 Exhibit A attached to this First Amendment and incorporated herein by reference.
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1 8. Except as amended herein, all other provisions of the Agreement remain in full
2 force and effect.
3 9. This First Amendment shall be effective upon the date the last duly authorized
4 representative of the PARTIES executes it and shall become effective only when fully executed by
5 each PARTY.
6 10, This First Amendment may be executed and delivered in any number of copies
7 (counterparts) by the PARTIES. When each PARTY has signed and delivered at least one
8 counterpart to the other PARTIES, each counterpart shall be deemed an original and, taken together,
9 shall constitute one and the same First Amendment, which shall be binding and effective as to the
10 PARTIES.
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I IN WI"INESS WHEREOF, the PARTIES have caused this First Amendment to be executed
2 as of the date the last duly authorized representative executes it.
3 RIVERSIDE COUNTY FLOOD CONTROL
4 RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT
5
By: By:
6 WARREN D. WILLIAMS MARION ASHLEY, Chairman
General Manager-Chief Engineer Board of Supervisors,Riverside County
7 Flood Control and Water Conservation
8 Dated: District
9 APPROVED AS TO FORM: ATTEST:
10
PAMELA J. WALLS KECIA HARPER-IHEM
]1 Coun Counsel Clerk to the Board
12 By. By:
13 Karrn Watts-Bazan,Deputy Deputy
14 Dated: 28 ZD 1
15 (SEAL)
16 RECOMMENDED FOR APPROVAL: COUNTY OF RIVERSIDE
17
18 BY: By:
JAY ORR JOHN J. BENOIT, Chairman
19 County Executive Officer Board of Supervisors, County of Riverside
20 Dated: Fourth District
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21 ATTEST:
22 KECIA HARPER-IHEM
23
Clerk to the Board
24 By:
Deputy
25
26 SEB:cw:bjp (SEAL)
P8/153401
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i APPROVED A ' O FORM: CITY OF PALM SPRINGS
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By: By:
3 City orney City Manager
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5 ATTEST:
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By: Dated:
7 City Clerk
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