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Home My WebLink AboutSeminole County Interlocal Control of Pollutants 1996 07 11 r. . THIS INTERLOCAL AGREEMENT PROVIDING JOINT CONTROL OF POLLUTANTS BETWEEN MUNICIPALITIES, SEMINOLE COUNTY AND STATE OF FLORIDA DEPAR~ bF TRANSPORTATION WITHIN SEMINOLE COUNTY INTE~LOCAL AGREEMENT is made and entered into this J\1b .'.'. ....94 . ,'1996, by and between the CITY OF SPRINGS, a Flo ~da munlClpal corporation, whose address. I. ... ~. da y 0 f ALTAMONTE is 225 Newburyport Avenue,. Altamonte Springs, Florida 32701; the CITY OF CASSELBERRY, .a Florida municipal corporation, whose address is 95 Triplet Lake Drive, Casselberry, Florida 32707; the CITY OF LAKE MARY, a Florida municipal corporation, whose mailing address is' Post Office Box 950700, Lake Mary, Florida 32795-0700; the CITY OF LONGWOOD, a Florida municipal corporation, whose address is 175 West Warren, Longwood, Florida 32750; the CITY OF OVIEDO, a Florida municipal corporation, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765-0159; the CITY OF SANFORD, a Florida Municipal Corporation, whose mailing address is Post Office Box 1788, Sanford, Florida 32772-1788; the CITY OF WINTER SPRINGS, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as "CITIES" or "CITY;" SEMI,NOLE COUNTY,:'~ p~-litical subdivision of the State. of Florida, whose . "'1~ address is Seminole County Services, Building, 1101 East First Street, Sanford,: Florida. 32771,' hereinafter referred to as II COUNTY; II and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, whose address is 719 South Woodland Boulevard, DeLand, Florida 32720, hereinafter referred to as the "DEPARTMENT. II , 'w~, ~~~'\""\:'ln~~ 1 f), ~ ~ ! ;:,~~,'! '.tl>\ 1 ~~ I ~ Wj i;St 1 " 1 ~.L~i~~~~.i l~ ~ I .l>> JUL 1 8 1996 CITY. OF WiNTER SPRINGS CITY HAL~ CERTIFIED COpy MARY ANNE MORSE CLERK OF CIRCt11T COURT SE^'KNOLE COUNTY. FLORIDA eY-~~ OE/:lUiY CLERK - WIT N E SSE T Hz WHEREAS, the CITIES, DEPARTMENT and COu~TY desire to protect ~. and promote the public health, safety ana general welfare through . - the management of.st-ormwater runof~; and WHEREAS,.:.the.-CITIESJ DEPARTMENT and COUNTY desire to maintain and assist in the improveme:r:t of water quality and preserve and enhance the environmental quality of streams and receiving waters; and WHEREAS, pursuant to Section 402(p) (2), Federal Clean Water Act, certaiQ political entities are required to implement storm- water management programs within certain time frames; and WHEREAS, pursuant to the Clean Water Act's requirements, the United states Environmental Protection Agency (USEPA) has developed . regulations under the' National Pollutant Discharge Elimination System (NPDES) permit program published as Part 40, Code of Federal Regulations (C.F.R.), Section 122.26, on ,November 16; 1990, 55 FR 47990; and WHEREAS, Part 40 C.F.R., Section 122.26(a) (1), requires that stormwater permits be obtained for large and medium municipal separate~sto.~ sews'r systems ,as determined from the 1990 census, and App~hdiX""'-I to Part 40 C. F. R., Section 122, designates the COUNTY as a medium municipal separate storm sewer system; and WHEREAS, the USEPA, Region IV, notified the COUNTY by letter dated December 16, 1993, that the CITIES are designated as part of the COUNTY municipal separate storm sewer system for the purposes of NPDES permitting; and 2 WHEREAS, Part 40 C.F.R., Section 122.26(d) (z) (i) (D), requires control,' through interagency agreement,. ,of the contribution of "'" .pollutants from onepgrt:ion of the municipal system to another portion of the municipal system; and ~"'. ......... ,- ..:: ',.. ",. ,,-.,., '. " , WHEREAS, the CITIES, DEPARTMENT and COUNTY are accountable for their separate storm' sewers which outfall to another CITY's, the COUNTY's or the DEPARTMENT's separate storm sewer systems or to " Waters of the United States; and WHEREAS, the C~TIES, DEPARTMENT and COUNTY have approved the concept of int~rgovernmental cooperation to effectiv~ly manage and control discharge into separate storm sewer systems; and WHEREAS, it is the mutual desire of the CITIES, DEPARTMENT,. and COUNTY to establish .relationships and responsibilities for controlling discharges to separate storm sewer systems as set forth in Part 40 C.F.R., Section 122.26. NOW~ THEREFORE, in consideration of the mutual covenants, agreements and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: S~.~J:ion'-:-l. Purpose. The purpose of this Agreement lS to set forth the relationship of the CITIES, DEPARTMENT and COUNTY with respect to the generai responsibilities of the CITIES, DEPARTMENT and COUNTY in controlling the contribution of pollutants from one identified CITY, DEPARTMENT, or COUNTY separate storm sewer system to another identified, CITY, DEPARTMENT, or COUNTY separate storm sewer system. 3 Section 2. General Responsibilities. The CITIES, DEPARTMENT ;1-' and COUNTY, as co-applicants, recogni~~ that unless otherwise established throug~. a.,separate agreement, each co-:applicant is responsible for the discharges from within its own boundaries. The ..;~ ::. :....t"...- ":;, . CITIES, DEPARTMENT and COUNTY shall be independently responsibl'e '. for controlling the contribution of pollutants from their respec- ti ve separate storm sewer system to another CITY, DEPARTMENT or COUNTY separate storm sewer system in compliance with Part 40, C.F.R" Section 122.26. Nothing herein shall be construed as preventing a party from pu.rsuing further action against any entity responsible for specific acts or omissions which contributed pollutants to the party's storm sewer system. Section.3. Copies~ Upon final execution of this Amended Agreement, two (2) copies shall be provided to each party herein. Section 4. Permit Implementation. Unless otherwise estab- lished through a separate agreement, each party shall be solely responsible for impl,ementation of the NPDES permit conditions within the boundaries of its respective jurisdiction. The representative from each CITY, the DEPARTMENT and the COUNTY shall \.- be resp.gnsible for assuring the acceptability of NPDES permit terms . --:--:- of the representative's jurisdiction. The CITIES, DEPARTMENT and COUNTY recognize that~an implementation schedule will be included in the Part 2 application. It is the intent of this Agreement that the CITIES, DEPARTMENT and COUNTY agree, subj ect to budgetary constraints and other financial considerations, to complete 4 implementation according to the application schedule as approved by the USEPA. .J.' Section 5. Lega~, . Atithori ty. The CITIES and COUNTY shall consider, and if the 'CITIES and COUNTY determine that such action '... ., -.4~" . .- ....... is in the best interest of the CITIES or COUNTY, adopt, modify or amend any ordinances, resolutions, rules, regulations or policies which will tend to enforce the content of this Agreement all in a~cordance with Part 40 C.F.R., Section 122.26. The parties hereto recognize that the DEPARTMENT cannot legally bind the State of Florida to take legislative action pursuant to this Agreement. Section 6. Budget. The co-applicants hereto recognize that ~nder their respective legal powers they are unable to obligate. themselves legally to expend funds in excess of one (1) budget year; however, the co-applicants hereby bind themselves to complete this Agreement as they may be able to in accordance with the laws of the State of Florida, and agree to appropriate funds subject to budgetary constraints and other financial considerations. Section 7. Notices. All notices provided for herein shall be in writing and mailed by regist.ered or ,c:e:rtified mail, or hand delivered to the addresses shown below, which addresses may be ....~,; changed upon proper written notice to the others as provided below: ALTAMONTE CASSELBERRY City Engineer 225 Newburyport Avenue Altamonte Springs, FL 32701 (407) 830.,.3857 City Engineer 95 Triplet Lake Drive Casselberry, FL 32707 (407) 263-3912 5 LAKE MARY WINTER SPRINGS Director of Public Works . Post Office Box 950700 -Lake Mary, FL 32795-0700~ . (407) 324-3000 :.~ Director of Utilities 112~ ~ast State Road 434 Winter Springs,FL 32708 (407) 327-1800 LONGWOOD ..... ~ ;- -':;, . COUNTY City Engineer 175 West Warren Avenue Longwood, FL 32750 (467) 263-2383 Charles E. Ball, II!, P.E. Stormwater Programs Manager Public Works/ Road Operations 520 W. Lake Mary Blvd. Suite 200 Sanford, FL 32773 (407) 323-2500 Ext. 5709 OVIEDO City Engineer 400 Alexandria Boulevard Oviedo, FL 32765 ( 4 0 7 ) 9 7 7 -6 0 2 9 DEPARTMENT SANFORD James Bassett Environmental Permit Engineer State of Florida Department of Transportation 719 South Woodland Boulevard Deland, FL 32720 City Engineer Post Office Box 1788 Sanford, FL 32772-1788 (407) 330-5600 Sec tion 8. Severability. If any part of this Agreement is found invalia or unenforceable by any Court, such invalidity or , unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contairied herein are not materially prejudiced and if the intentions of the parties can contin\ie to be effected. To' that end,' this Agreement is declared severable. Section 9. Efrect. No additions, alterations or variations of this Agreement shall be valid, nor can provisions of this Agreement be waived by any' party unless such additions, alter- ations, variations or. waiver are expressly set forth in writing and duly signed by the parties .-This Agreement shall be governed by 6 the laws of the State of Florida, and it shall become effective ~ immediately upon execution .by the partie~ hereto. Section 10. Assignment. This Agreement shall be binding on the parties hereuntier and their representatlves and successors. ,.;~ ........ ....... The parties shall not assign this Agreement or the rights and obligations hereunder to any other parties without the prior written consent of the other parties hereto. Section 11. Annexation Laws. Notwithstanding anything to the contrary contained herein, this Agreement shall not be construed or interpreted to contract away the rights and authority of the CITIES anything herein be construed to contract away the COUNTY'S right to challenge any anpexation in accordance with the laws of the State of Florida. Section 12. Public Records Law. Each party acknowledges its obligations under Chapter 119, Florida Statutes, to release public records to. members of the public upon request. Each party acknowledges it is required to comply with Chapter ~~9, Florida Statut~![[; in the handling of ~the materials created under this Agreement and that the statute controls over the terms of this Agreement. Section 13. Effective Date Term.. This Agreement shall become effecti ve upon full execution by the parties hereto. Unless otherwise terminated by agreement of the parties, this Agreement shall remain in effect for all perpetuity. 7 " IN WITNESS WHEREOF, the lawful representative of the parties hereto have executed and affixed their:, official seals to this "" Agreement for the,p.urp.oses herein expressed on the date and year .. first;above "writ~en. ATTEST: ~~ 'It J:4f~dtF B . PAT W JNRIGHT, ~ty Clerk Date: ATTEST: CITY OF CASSELBERRY By: ~c2~ BRUCE PRONOVOST, Mayor . J~ 7hcfJ~ THELMA McPHERSON, City Clerk Date: h- /7-f'? ATTEST: CITY OF LAKE MARY BY:~~~ LO E. ROCKETT~ Mayor (!1J.Ma.fl a. Jzco1vv CAROL A. FOSTER, City Clerk ~ - ~ -90 Date: ATTEST: CITY OF LONGWOOD ",/ . ' ~~d~ By: 4?t;/q~ ~~j~FALDH~. D. ~iBRI, ,City Clerk W,--I_~:IAM WINSTON, Mayor Date: ~/ c;r1 ~ ,/j?7'~ ;/ /' ATTEST: CITY OF OVIEDO BY:-~/})(~~~ A~ MIRIAMBRUCE,!Mayor , Date: \ 1--- - c2.;1 - '1 h , . 8 .' . . .'. ATTEST: CITY OF SANFORD ,,~-~. By::M/fEJdk 'VANET R. DOUGH TY~. .ty~Clerk BETT' D. SMITH, Mayor Date :L{17or IS; jq96 .. ", ATTEST: ~~~. '-11.1 ' , M...-n,RG M.HO~y Clerk By?J7:')~S BUSH, Mayor Date: ~~ q;f)j / 99" . STATE OF FLORIDA DEPAR~.:7 O,F TRANSPORTATION By.,f4k~ ~Yi NANCY M. USTON Notary FISCAL ATTEST: ~...~ ' , . ~ o. " " -+ "'r:; MbRS~." L- C erk t"() the Eoard elf ' . County 20mmissioners ~f Seminol~ Coucty. Florida. Cha1.rman Date: 1. Ii ,9(/ For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. ~~ C. ~, ?-/IJ -9c' County Attorney As authorized for execution by the Board of Co y Com s- sioners at their 19~ regular meeti g. SED/dre 041996 F:\USERS\OEB\AGT\NDPES.ALL 9 ,I (- OF TRANSPORTATION l.A wro'" cnlLl:.S G<)\'UU'f01{ 8[M G. WATTS s.:CJU:TAJn' .;. 719 South Woodland B6ulevard '~ DeLanq., Flo~i9_a,,_ _ ~_~720 January 12, 1996 M & M 0 RAN D U ~ TO: Secretary Ben G. Watts FROM: .~ancy M. Houston. COPIES: Nick Serianni, Frank Carlile, Tom Barry, District Secretaries, 0-5 Department Heads RE: Delegation of Authority Anytime during my absence from the District, I hereby delegate authority to sign correspondence and execute documents that require my signature to R. A. Lavette, Director of Operations or in his absence R. H. Cortelyou, Director of Production or in his absence Carolyn H. Zeller, Director of Planning and Public Transportation or in her absence Rise' Kirkland, Director of Administration. This authority is effective immediately and will stay in effect until modified or rescinded by me. Any previous delegations are hereby rescinded and replaced by this document. "':;r~ NMH: lb RECYCLED PAPER @