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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: