HomeMy WebLinkAbout2/18/2004 - STAFF REPORTS (4) DATE: February 18, 2004
TO: City Council
FROM: Director of Public Works/City Engineer
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER
DISCHARGE PERMIT IMPLEMENTATION AGREEMENT
RECOMMENDATION:
It is recommended that the City Council approve the National Pollutant Discharge
Elimination System Stormwater Discharge Permit Implementation Agreement between
the Riverside County Flood Control and Water Conservation District, County of
Riverside, Coachella Valley Water District, and the Cities of Banning, Cathedral City,
Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm
Springs, and Rancho Mirage.
SUMMARY:
The City of Palm Springs is a Co-Permittee to the Whitewater River Watershed
Municipal Stormwater Permit (Permit) issued to the Riverside County Flood Control and
Water Conservation District (RCFC) by the California Regional Water Quality Control
Board, Colorado River Basin, Region No. 7 (CRWQCB), on September 5, 2001. The
Permit is necessary to comply with federal regulations regarding National Pollutant
Discharge Elimination System (NPDES) practices within the City. Included in the terms
of the Permit is the need to establish a cooperative agreement regarding administration
and implementation of the various programs and actions required by the Permit among
all the Co-Permittees to the Permit. The proposed Implementation Agreement was
prepared by RCFC and Riverside County, and has previously been adopted by the
various parties to the Agreement. Approval of the proposed Implementation Agreement
is a necessary action to comply with the terms of the City's NPDES Permit.
BACKGROUND:
The NPDES Program is a federally mandated program to control non-point sources of
runoff pollution. In 1972, the Federal Water Pollution Control Act (Clean Water Act) was
amended to provide that discharge of pollutants to waters of the United States from any
point source is effectively prohibited, unless the discharge is in compliance with a
NPDES Permit. The Clean Water Act was amended in 1987 to establish a framework
for regulating municipal and industrial stormwater discharges under the NPDES
Program. In 1997, the City adopted Chapter 8.70 of the Municipal Code which
incorporates regulations of the NPDES Program.
The City is one of several Cc-Permittees to the NPDES Permit issued to RCFC by the
CRWQCB. The original Permit issued in 1996 which expired in 2001, and a subsequent
one was issued in 2001 which regulates the City's current NPDES Program. The
original Permit required a similar Implementation Agreement that facilitates the
cooperative efforts of all of the associated Co-Permittees, those being: RCFC, Coachella
Valley Water District (CVWD), and the Cities of Banning, Cathedral City, Coachella,
Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and
Rancho Mirage. The Implementation Agreement generally requires the Co-Permittees'
cooperative efforts to enforce the NPDES regulations, such as: regulation and
enforcement of local ordinances and regulations, inspection and reconnaissance
surveys of municipal storm drain systems, submittal of required reports and information
National Pollutant Discharge Elimination System Stormwater Discharge Permit Implementation Agreement
February 18, 2004
Page 2
to CRWQCB through RCFC, and implementation of the Best Management Practices
(BMP's) and/or programs and activities to ensure compliance with the NPDES Permit.
The Implementation Agreement also outlines cost sharing requirements related to the
NPDES Permit, which are related to: public education, monitoring, sampling, inspection,
enforcement, and reporting. The City of Palm Springs is excluded from costs associated
with public education and monitoring programs, as these costs are covered by a
previously adopted Whitewater Watershed Benefit Assessment Area that assesses fees
to property owners for costs associated with the NPDES Program. The City of Palm
Springs is required to participate in cost sharing related to consultant services necessary
to prepare manuals or develop programs and prepare studies relevant to the NPDES
Permit, as well as cover the individual Co-Permittee fee for the NDPES Permit. The
City's share of the consultant services cost is apportioned based on the population of the
Cities and County, with fixed percentages for RCFC and CVWD.
An identical Implementation Agreement was approved by the City of Palm Springs on
September 3, 1997, and was related to the original NPDES Permit, which expired in
2001. The proposed Implementation Agreement is a continuation of the cooperative
efforts required to implement the NPDES Permit and its regulations among all of the
various agencies that participate in the NPDES Permit.
The last cost incurred by the City of Palm Springs related to the Implementation
Agreement was $11,098.38 in April 2001 as the City's share for consultant services
related to RCFC's re-application to CRWQCB for the current NPDES Permit re-issued in
September 2001. It is expected a similar cost will be incurred in 2007 when RCFC
begins the process to re-apply for a new NPDES Permit as the current NPDES Permit
sets to expire.
Staff recommends the Implementation Agreement be approved as presented, as it
continues an existing cooperative agreement between the various agencies that
participate in the Whitewater River Municipal Stormwater Permit issued to RCFC on
behalf of the City, who is a Co-Permittee to the NPDES Permit. Most, if not all, of the
parties to the Implementation Agreement have previously adopted the Agreement, in
accordance with the requirements of the current NPDES Permit.
SUBMITT��
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
DAVID H. READY
City Manager
ATTACHMENTS:
1. Minute Order
2. Agreement +),
AGREEMENT
National Pollutant Discharge Elimination System
Stormwater Discharge Permit
Implementation Agreement
(California Regional Water Quality Control Board -
Colorado River Basin Region)
This Agreement, entered into by the RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT (RCFC&WCD), the COUNTY OF RIVERSIDE
(COUNTY), the COACHELLA VALLEY WATER DISTRICT (CVWD), and the CITIES OF
BANNING, CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS,
INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS and RANCHO MIRAGE (CITIES),
establishes the responsibilities of each party concerning compliance with the National Pollutant
Discharge Elimination System(NPDES) Storm Water Discharge Permit(NPDES Pen-nit)issued by
the California Regional Water Quality Control Board - Colorado River Basin Region(CRWQCB-
CRB) pursuant to Order No. 01-077.
RECITALS
A. WHEREAS, Congress in 1987 added Section 402(p)to the Federal Clean Water
Act (CWA) (33 U.S.C.§1342(p)); and,
B. WHEREAS, Section 402(p) of the CWA requires certain municipalities,
industrial facilities and persons conducting certain construction activities to obtain NPDES Permits
before discharging stone water into navigable waters; and,
C. WHEREAS, Section 402(p) further requires the Federal Enviromnental
Protection Agency(EPA) to promulgate regulations for NPDES Pennit applications; and,
D. WHEREAS,EPA promulgated such regulations and adopted them in November
1990; and,
E. WHEREAS,pursuant to the CWA,EPA has delegated authority to the California
State Water Resources Control Board(SWRCB)to administer the NPDES Permit process within the
State; and,
F. WHEREAS, SWRCB has in turn delegated its NPDES pennitting authority to
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the California Regional Water Quality Control Boards to administer the NPDES Permit process
within the boundaries of their respective regions; and,
G. WHEREAS,RCFC&WCD and CVWD are authorized to provide for the control
of flood and stonn waters within their respective jurisdictions and are empowered to investigate,
examine, measure, analyze, study and inspect matters pertaining to flood and storm waters; and,
H. WHEREAS, on November 20, 2000, CFC&WCD, COUNTY, CVWD and
CITIES reapplied for an area-wide NPDES Permit; and,
I. WHEREAS,the NPDES Permit reapplication was submitted in accordance with
the previous NPDES Pen-nit(Order No. 96-015,NPDES No. CAS617002)which expired on May
22, 2001; and,
J. WHEREAS, CRWQCB-CRB reissued a new NPDES Permit to RCFC&WCD,
COUNTY,CVWD and CITIES on September 5,2001 pursuant to Section 402(p)of the CWA;and,
K. WHEREAS, the NPDES Permit designates RCFC&WCD and COUNTY as
Principal Pennittees and RCFC&WCD, COUNTY, CVWD and CITIES as Permittees; and,
L. WHEREAS, RCFC&WCD, COUNTY, CVWD and CITIES are to perform
and/or execute certain activities and responsibilities prescribed in the NPDES Permit; and,
M. WHEREAS,RCFC&WCD and COUNTY,as Principal Pennittees,are willing to
undertake certain activities in order to facilitate implementation of the NPDES Permit requirements;
and,
N. WHEREAS, cooperation between RCFC&WCD, COUNTY, CVWD and
CITIES in the administration and implementation of the NPDES Permit and resulting programs and
actions is in the best interest of all parties.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. NPDES Pen-nit. A true and correct copy of the NPDES Permit issued to
RCFC&WCD,COUNTY,CVWD and CITIES by CRWQCB-CRB pursuant to Order No. 01-077 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- �Ak
2. Incorporation of Federal and State Laws. All applicable Federal and State laws
and regulations in effect at the time of issuance of the NPDES Permit, as then written, and as they
may be amended during the tern of this Agreement, shall govern in the event they conflict with any
provision of this Agreement.
3. Delegation of Responsibilities. The responsibilities of each of the parties shall be
as follows:
A. Public Education Program. RCFC&WCD shall conduct public education
activities on a regional basis that focus on reducing non-point source
pollution within the NPDES Permit area. RCFC&WCD shall be
reimbursed for its costs by COUNTY, CVWD and the Cities of Cathedral
City, Coachella,Indian Wells,Indio,La Quinta,Palm Desert,and Rancho
Mirage in accordance with the cost sharing provisions set forth in Section
4. of this Agreement.
B. Monitoring Program. RCFC&WCD and CVWD shall perform sampling
of surface water and urban runoff in accordance with the provisions of the
NPDES Pen-nit Monitoring And Reporting Program. The location of the
sampling sites (Sites) shall be determined by RCFC&WCD and CVWD,
subject to approval by CRWQCB-CRB. More specifically:
1. RCFC&WCD shall perform such sampling for all Sites located
within the limits of its jurisdiction at no expense to COUNTY,
CVWD or CITIES.
2. CVWD shall perform such sampling for all Sites located within the
limits of its jurisdiction. COUNTY and the Cities of Cathedral
City, Coachella, Indian Wells, Indio, La Quinta, Palm Desert and
Rancho Mirage shall reimburse CVWD for all of its costs associated
with sample collection and laboratory analysis in accordance with
the cost sharing provisions set forth in Section 4.of this Agreement.
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C. Consultant's Services. In the event RCFC&WCD 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 shall be shared by RCFC&WCD, COUNTY, CVWD
and CITIES in accordance with the cost sharing provisions set forth in
Section 4. of this Agreement. COUNTY, CVWD and CITIES shall be
notified in writing of RCFC&WCD's request for proposals from
consultants, selection of a consultant, consultant's fee, contract timetable
and payment schedule, and be allowed the opportunity to participate in
decisions related to consultant's services.
D. Regulation and Enforcement. COUNTY and CITIES shall be responsible
for the regulation and enforcement of local ordinances and regulations
within their respective jurisdictions to ensure compliance with the NPDES
Permit. This includes the exercise of land use controls, the exercise of
police powers and the enforcement of ordinances that COUNTY or
CITIES presently have adopted or will adopt in the future.
E. Inspection of Storm Water Systems(Pipe and Charmels). RCFC&WCD,
COUNTY, CVWD and CITIES shall perform reconnaissance surveys of
their municipal stone drain systems as required by the NPDES Permit.
Any wet weather or dry weather sampling or field screening for the
reconnaissance surveys shall be the responsibility of the COUNTY or
CITIES, depending on where the discharge originates. Each Permittee
shall be responsible for keeping any records, tables or other data that are
needed to support the reporting of the survey results to CRWQCB-CRB.
F. Submittals to CRWQCB-CRB. RCFC&WCD shall coordinate and submit
all required reports and information to CRWQCB-CRB. COUNTY,
CVWD and CITIES shall keep sufficiently adequate records,information
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and/or data concerning their program development and implementation
activities to enable RCFC&WCD to make all required reports and
submittals in a timely mamier. COUNTY, CVWD and CITIES shall
produce or supply such records, information and/or data on request of
CRWQCB-CRB or RCFC&WCD. RCFC&WCD shall also keep
adequate records, information and/or data concerning its program
development and implementation activities and produce or supply same on
request of CRWQCB-CRB.
G. Best Management Practices (BMPs) and Programs. Unless otherwise
specified in this Agreement, RCFC&WCD, COUNTY, CVWD and
CITIES shall be responsible for implementing each of the BMPs and/or
other programs and activities required by the NPDES Permit in
accordance with their authority.
4. Cost sharing. Costs for services to be performed in accordance with Sections
3.A., 3.13. and 3.C. of this Agreement shall be shared by the parties described in Sections 3.A., 3.13.
and 3.C. in accordance with the following formula:
IC = (TC-RCFC&WCD-CVWD) x (IP/TP)
Where,
IC = Individual Cost
TC = Total Cost
RCFC&WCD = RCFC&WCD Cost-Shared Amount
CVWD = CVWD Cost-Shared Amount
IP = Individual Population
TP = Total Population
If RCFC&WCD is sharing in the cost of an item,its cost shall be 7%of the total cost of
the item.
If CVWD is sharing in the cost of an item, its cost shall be 7%of the total cost of the
item.
The population of CITIES shall be based on the latest California State Department of
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Finance population figures issued in May of each year. COUNTY population shall be based on the
most current Tax Rate Area (TRA) information best fitting the NPDES Permit area, except with
respect to Sections 3.A. (Public Education Program), 3.13.2. (Monitoring Program) and 3.C.
(Consultant's Services), of this Agreement where COUNTY population shall be based on the most
current TRA information best fitting that portion of the NPDES Pen-nit area lying outside
RCFC&WCD boundaries.
5. Tenn of the Agreement. The term of this Agreement shall continence on the date
the last duly authorized representative of RCFC&WCD, COUNTY, CV WD or CITIES executes it.
The Agreement shall remain in effect until the date that the CRWQCB-CRB issues a new NPDES
Permit, unless each of the parties withdraws sooner in accordance with the provisions of this
Agreement.
6. Additional Parties. Any public agency (Agency) 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 Principal Pennittees asking to be added as a party. Upon receipt of such a
request, Principal Pennittees shall solicit the approval or denial of each Pennittee. If a majority of
the Pennittees, each having one, co-equal vote, approves the addition of the Agency, the Principal
Permittees shall ask CRWQCB-CRB to add the Agency to the NPDES Permit as an additional
Pennittee. Once the Agency is made an additional Pennittee to the NPDES Permit,this Agreement
shall be amended to reflect the addition,and the Agency shall,thereafter, comply with all provisions
of the NPDES Permit and this Agreement. Upon execution of the amended Agreement,the Agency
shall be responsible for the shared costs discussed in Section 4. of this Agreement for the current and
any subsequent fiscal year.
7. Withdrawal from the Agreement. Any party may withdraw from this Agreement
60 days after giving written notice to the Principal Pennittees and CRWQCB-CRB. 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 CRWQCB-CRB. Withdrawal from the Agreement shall
constitute forfeiture by the withdrawing party of its share of any costs paid as described in Section 44.
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of this Agreement and is conditioned on the payment of all costs accrued in accordance with Section
4. The withdrawing party shall be responsible for all lawfully assessed penalties as a consequence of
its withdrawal. The cost allocations to the remaining parties shall be recalculated in the following
fiscal year.
8. Non-compliance with Permit Requirements. Any party found to be in non-
compliance with the conditions of the NPDES Permit shall be solely liable for any lawfully assessed
penalties caused by such non-compliance. 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. Except as provided in Section 6., this
Agreement may be amended only by consent of all parties to the Agreement. No amendment to this
Agreement shall be effective unless it is in writing and duly signed by the authorized representatives
of all parties to the Agreement.
10. Authorized Signatories. The General Manager-Chief Engineer ofRCFC&WCD,
General Manager-Chief Engineer of CVWD, the Executive Officer of COUNTY and the City
Managers of CITIES (or their designees) are authorized to execute this Agreement and all
amendments hereto, to take all other procedural steps necessary to carry out the terns of this
Agreement and 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 shall be governed and construed in accordance
with the 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 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. a
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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 concerning the NPDES
Permit within the limits of CRWQCB-CRB's jurisdictional area are superseded hereby.
15. Execution in Counterparts. This Agreement maybe executed and delivered in
any number of counterparts or copies (counterparts) 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 sarne Agreement,which shall be
binding and effective as to the parties hereto.
H
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as of
the date the last duly authorized representative executed it. This Agreement will only become
effective when fully executed by each of the parties hereto.
RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT
By By
WARREN D. WILLIAMS JAMES A. VENABLE, Chairman
General Manager-Chief Engineer Board of Supervisors, Riverside County Flood
Control and Water Conservation District
Dated:
APPROVED AS TO FORM: ATTEST:
WILLIAM C. KATZENSTEIN NANCY ROMERO
County Counsel Clerk to the Board
By By
Deputy Deputy
Dated: (SEAL)
RECOMMENDED FOR APPROVAL: COUNTY OF RIVERSIDE
By By
LARRY PARRISH ROBERT A. BUSTER, Chairman
County Executive Officer Board of Supervisors, County of Riverside
Dated: ATTEST:
NANCY ROMERO
Clerk to the Board
By
Deputy
(SEAL)
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12/17/02
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APPROVED AS TO FORM: COACHELLA VALLEY WATER
DISTRICT
By By
STEVE ROBBINS
Interim General Manager-Chief Engineer
By
JOHN W. McFADDEN
President
Dated:
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APPROVED AS TO FORM: CITY OF BANNING
By By
City Attorney Mayor
ATTEST:
By Dated:
City Clerk
_11_
APPROVED AS TO FORM: CITY OF CATHEDRAL CITY
By By
City Attorney Mayor
ATTEST:
By Dated:
City Clerk
_12_
,2cu i
APPROVED AS TO FORM: CITY OF COACHELLA
By By
City Attorney Mayor
ATTEST:
By Dated:
City Clerk
I
y
_13_ a \ "
APPROVED AS TO FORM: CITY OF DESERT HOT SPRINGS
By By
City Attorney Mayor
ATTEST:
By Dated:
City Clerk
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APPROVED AS TO FORM: CITY OF INDIAN WELLS
By By
City Attomey Mayor
ATTEST:
By Dated:
City Clerk
APPROVED AS TO FORM: CITY OF INDIO
By By
City Attorney Mayor
ATTEST:
By Dated:
City Clerk
-16-
APPROVED AS TO FORM: CITY OF LA QUINTA
By By
City Attorney Mayor
ATTEST:
By Dated:
City Clerk
-17- 1�
APPROVED AS TO FORM: CITY OF PALM DESERT
By By
City Attomey Mayor
ATTEST:
By Dated:
City Clerk
APPROVED AS TO FORM: CITY OF PALM SPRINGS
B By
City�Attc cy Mayor
ATTEST:
By Dated:
City Clerk
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APPROVED AS TO FORM: CITY OF RANCHO MIRAGE
By By
City Attomey Mayor
ATTEST:
By Dated:
City Clerk
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MINUTE ORDER NO.
APPROVING THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM STORMWATER DISCHARGE
PERMIT IMPLEMENTATION AGREEMENT BETWEEN
THE RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT, COUNTY OF
RIVERSIDE, COACHELLA VALLEY WATER DISTRICT,
AND THE CITIES OF BANNING, CATHEDRAL CITY,
COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS,
INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS
AND RANCHO MIRAGE
I HEREBY CERTIFY that this Minute Order, approving the National Pollutant Discharge
Elimination System Stormwater Discharge Permit Implementation Agreement between
the Riverside County Flood Control and Water Conservation District, County of
Riverside, Coachella Valley Water District, and the Cities of Banning, Cathedral City,
Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm
Springs, and Rancho Mirage, was adopted by the City Council of the City of Palm
Springs, California, in a meeting thereof held on the 18"day of February, 2004.
PATRICIA A. SANDERS
City Clerk