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HomeMy WebLinkAboutFMFCD - Pollutant Elimination System - 2014.-¡r=zoit- !i o II .TJtL=roOø *l loOı () MEMORANDUM OF UNDERSTANDING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL STORM WATER PERMIT IMPLEMENTATION by and among the Fresno Metropolitan Flood Control District (DISTRICT) and the City of Fresno (CITY). WHEREAS, the 1987 amendments to the federal Clean Water Act, as implemented by the United States Environmental Protection Agency National Pollutant Discharge Elimination System (NPDES) regulations adopted November 16, 1990, make it necessary for owners and operators of municipal storm drain systems to implement programs to reduce and control pollutants in urban storm water to the maximum extent practicable; and WHEREAS, on Nday3l, ?nI3,the CaliforniaRegionalWater Quality Control Board, CentralValley Region (Regional Board) issued Order No. R5-2013-008, NPDES Municipal Separate Storm Sewer System (MS4) Permit No. C40083500 regulating storm water discharges by the DISTRICT, and the City of Clovis, CITY, County of Fresno, Caltrans, and California State University Fresno (collectively, the co- permittees);and WHEREAS, the co-permittees in general, and the DISTRICT and CITY in particular, seek to comply with all provisions of state and federal law and the NPDES permit by cooperatively implementing a Storm Water Quality Management Program as such program is defined in and required by the NPDES permit. NOW, THEREFORE, the DISTRICT and CITY mutually agree that the responsibilities of each party with respect to said program generally shall be as follows: I. DUTIES OF THE FRESNO METROPOLMAN FLOOD CONTROL DISTRICT The DISTRICT shall: A. Be the lead agency in administering the Storm rùy'ater Quality Management Program, as it is defined in the NPDES permit, and in coordinating with the Regional Board. As lead agency, the DISTRICT shall compile and submit the annual report required by the permit and shall prepare and submit the compliance documents specifically identified in the permit. The DISTRICT shall designate a program manager responsible for overseeing DISTRICT implementation of the program. B. Upon request of CITY, sha¡e the expertise of DISTRICT staff in storm water regulatory compliance and provide training to the managers and staff of CITY. C. Manage and staff the following committees created to advise the co-permittees with respect to the storm water quality management program: Public Involvement and Education Committee, Construction and Development Committee, and Program Coordinating Committee. D. E. F. Fund, manage, and staff the required storm water quality Monitoring Element. Fund, manage, and staff the required Public Involvement and Education element. Design and construct public storm water pollution control structures and facilities and investigate the practicability of any modifications to standard designs and existing structures for the purposes of controlling storm water pollutants. G. Operate and maintain the DISTRICT's public storm water pollution control structures and facilities and investigate the practicability of any modifications to those operation and maintenance practices for the purposes of controlling storm water pollutants. The DISTRICT shall also coordinate required analyses of the practicability of modifications to the operations and maintenance practices of the co-permittees for the purposes of controlling storm water pollutants. H. Fund annual NPDES municipal storm water permit fees and make timely payment of said fees to the Regional Board. L Implement the Urban Storm Water Quality and Discharge Control Ordinance as follows: l. Serve as the lead agency in response to complaints from citizens and co- permittees, conduct inspections, and proceed with enforcement measures to control illicit connections and illicit discha.rges to the storm drain system. 2. In consultation with the Construction and Development Committee, develop guidelines to be used by the co-permittees in preventing storm water pollution related to construction and development. The DISTRICT shall include storm water quality controls in its California EnvironmentalQuality Act (CEQA) comments, Notice of Requirements, and other appropriate development application reviews. 3. Serve as lead agency in ensuring the compliance of industries subject to NPDES storm water regulations and providing storm water pollution prevention information to other high-priority commercial and industrial sources. 4. Designate appropriate personnel as authorized enforcement agent(s) to implement and enforce the DISTRICT's Urban Storm Water Quality Management and Discharge Control Ordinance. 5. Coordinate enforcement with CITY, as described in Section III of this Agreement. II.DUTIES OFCIIY The CITY shall: A. Designate a representative responsible for overseeing implementation of the Storm Vy'ater Quality Management Program plan within its agency. Said representative shall attend Program Coordinating Committee meetings; compile information from the various departments and divisions within the agency throughout a fiscal year, and prep¿ue and submit to the DISTRICT's the agency's annual report data; facilitate plan implementation within the agency, including reviewing and distributing reports and other documents and coordinating training and workshop sessions; and participate in cooperative community education and public information activities, B. Annually compile information from the various departments and divisions within the agency throughout a hscal year, and submit to the DISTRICT data summarizing the agency's participation and progress in implementing the program, such data to be submitted in accord with the format and content and compliarrce certificationrequiredbytlreNPDEsMs4Permitc. Designate representatives to the Public Involvement and Education and Construction and Development committees. D. Implement a municipal operations program in accordance with the NPDES Permit and associated Storm Water Quality Management Plan. E. Implement the Urban Storm Water Quality and Discharge Control Ordinance as follows: l. Identify field and/or inspection personnel to assist while in the course of their normal duties in the detection of potential illicit discharges and illicit connections to the DISTRICT storm drain system; said personnel shall be trained to identify such discharges and connections and to refer them to the DISTRICT as necessary. 2. Include storm water quality controls in its CEQA mitigation measures, conditions of approval, and other appropriate development permits. The CITY shall inspect construction and development projects within its jurisdiction to determine compliance with the storm water quality controls required in its permits. 3. CITY shall incorporate recommended storm water pollution prevention practices and storm water regulatory compliance information into its commercial and industrial compliance assistance activities. 4. Designate appropriate personnel as authorized enforcement agent(s) to implement and enforce the CITY's Urban Storm rüy'ater Quality Management and Discharge Control Ordinance. 5. this Agreement. Coordinate enforcement with the DISTRICT as described in Section III of III. COORDINATION OF IMPLEMENTATION AND ENFORCEMENT DUTIES RELATED TO THE URBAN STORM V/ATER QUALITY MANAGEMENT AND DISCHARGE CONTROL ORDINANCE The DISTRICT and CITY desire that the above duties, particularly as they relate to implementation and enforcement of the parties' overlapping Urban Storm'Water Quality Management and Discharge Control Ordinance authorities, shall be performed in a cooperative and efficient manner, with minimal redundancy and duplication of effort. Therefore, the DISTRICT and CITY hereby agree: A. In the course of performing CITY's normal duties (i.e., duties CITY performs which are not mandated by, nor the result of, the NPDES municipal permit nor this MOU), CITY shall identify if potential violations of said ordinance exist; inform the responsible person, business, or entity, of the potential violation and necessary conective measures; and refer the case to the DISTRICT for further evaluation, follow-up, and enforcement as necessary; and B. In the course of performing DISTRICT's and CITY's normal development application reviews, CITY shall inform the applicant of basic storm water quality control requirements and guidelines; DISTRICT shall identify applicable standard controls, site-specific controls, regulatory compliance requirements, and storm water quality control guidelines; and CITYshall incorporate DISTRICT's recommended control measures into its recommendation and staff report to the decision making authority. C. The aforementioned responsibilities and interagency coordination are depicted schematically in Exhibit I, "ilicit Discharges, Illicit Connections, Waste Disposal, Commercial and Industrial Controls: Inspection and Enforcement," and Exhibit II, "Construction and Development Controls: Permit Approvals, Inspection, and Enforcement," and Exhibit III, "Site Plan Review" attached to and incorporatedherein. IV. LIMITATIONS This MOU is solely for the purpose of coordinating the actions of the parties hereto in meeting their responsibilities under the NPDES municipal permit. This MOU does not create any additional responsibilities, nor does it create any contractual obligations between the parties hereto. Further, it shall not be deemed to inure to the benefît of any person or entity not a party hereto and does not confer any rights to such non-party, whether such right be claimed to arise from any action or inaction of any party hereto. V. TERM OFTHE MOU This MOU is effective upon execution by the duly authorized parties and shall continue until superseded, or as long as the parties continue to be named co-permittees to the NPDES municipal storm water discharge permit, as it may be amended, revised, or reissued over time. VL AMENDMENTS TO THE MOU This MOU may be amended by consent of both parties; however, each party's duties as defined in this MOU may be substantively amended only upon approval by the Regional Board of an amendment or revision of the Storm Water Quality Management Program Plan. No amendment to this MOU shall be effective unless it is in writing and signed by the duly authorized representatives of the parties. VII. AUTHORZED SIGNATORIES The General Manager-Secretary of the DISTRICT, and his or her duly authorized representative, shall be authorized to submit to the Regional Board annual reports and other documents required by the NPDES permit, and to submit permit renewal applications prior to permit expiration. VIIL EXECUTION OF THE MEMORANDUM OF UNDERSTANDING This MOU may be executed in counterpart and the signed counterparts shall constitute a single instrument. IX. INDEMNIFICATION DISTRICT shall indemnify, defend, and hold harmless the CITY, its elected or appointed officials, officers, and employees in connection with any claims, imposition of penalties, or any enforcement or other actions whatsoever, including but not limited to those brought by federal, State, or local agencies having regulatory jurisdiction over the subject matter of this Memorandum of Understanding, which may arise as a result of the DISTRICT's failure to comply with the provisions set forth herein. Nothing herein shall constitute a waiver by DISTRICT of governmental immunities including California Government Code section 810 et seq.. CITY shall indemnify, defend, and hold harmless the DISTRICT, its elected or appointed officials, officers, and employees in connection with any claims, imposition of penalties, or any enforcement or other actions whatsoever, including but not limited to those brought by federal, State, or local agencies having regulatory jurisdiction over the subject matter of this Memorandum of Understanding, which may arise as a result of the CITY's failure to comply with the provisions set forth herein. Nothing herein shall constitute a waiver by CITY governmental immunities including California Government Code section 810 et seq.. IN V/ITNESS WHEREOF, this MOU has been executed as of the day and year first above written. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, a subdivision of the State of California Attachments: CITY OF FRESNO, a municipal corporation Rudd City Manager ATTEST YVONNE SPENCE, CMC City Clerk By: APPROVED AS TO FORM DOUGLAS T. SLOAN City Attorney Exhibit I Exhibit II Exhibit IIl Bob Van Wyk General Manager- S ecretary 5/blt,/ M. Collct Exhibir I ILLICIT DICHARGES, ILLICIT CONNECTIONS, WASTE DISPOSAL, COMMERCIAL AND INDUSTRIAL CONTROLS : INSPECTION & ENFORCEMENT Schedule Next Routine lnspection as Applicable Does non-compliance warrant immediate clean-up or agency relerral? Coordinate with Copermitee Agencies to Effect Clean-up or refer to RWQCB Schedule Next Routine lnspection or Close Out Complaint Follow Up lnspection Confirms Correctivé Meásures Have Been lmplemented. City Determines Violations are Primarilv Limited To Stormwater: 1) lllicit Discharges/lllegal Dumping to Storm Drain System 2) lllicit Connections to Storm Drain System 3) Possible Violation of State's NPDES Stormwater Permits; 4) Failure to lmplement Required Storm Water BMPs Refer to FMFCD City Proceeds With Established City Processes (enforcement & appeal processes). Exhibir III SITE PLAN REVIEW April 25,2014 TO:MAYOR ASH LEY SWEARENGI N Council Adoption: 41241 14 RECEIVED MayorApproval: Mayor Veto: Override Request: FROM: Todd Stermer, Assistant City QlÇf þf 6 fin I V WONNE SPENCE, CMC citY clerk crTY 'LERK, FRESH' cA SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the Council meeting of 4t24114, Council adopted the attached Memorandum of Understanding entitled National Pollutant Discharge Elimination System Municipal Storm Water Permit lmplementation, ltem No. 1E by the following vote: Ayes : Baines, Brand, Brandau, Caprioglio, Quintero, Xiong Noes : None Absent : Olivier Abstain : None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before May 5, 2014. ln computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the 10'n day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's signed approval. Thank you' **********r.r.***********rr*****r(*************r.**************** AP (Written objections are required by Charter; attach additional sheets if necessary.) Ashley Swearengin, MaYor COUNCIL OVERRIDE ACTION: Ayes : Noes : Absent : Abstain : Date: Date: