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HomeMy WebLinkAbout1996 05 13 Regular Item E COMMISSION AGENDA ITEM E REGULAR X CONSENT INFORMATIONAL May 13. 1996 Meeting MGRr(Wr1 fDEPT fr" Authorization REQUEST: Public Works Department/Stormwater Division Requesting Authorization to Execute an Interlocal Agreement Providing Joint Control of Pollutants Between Municipalities, Seminole County, and the State of Florida Department of Transportation within Seminole County PURPOSE: The purpose of this Board item is to authorize the Mayor to execute the attached interlocal agreement with the co applicants for the National Pollution Discharge Elimination System Part II application providing for the joint control of pollutants between coapplicants to satisfy the requirements of the application. CONSIDERATIONS: The City was notified on December 16,1993 by the EP A of the requirements of the National Pollution Discharge Elimination System (NPDES) rules that the Part I application was due June 1, 1995 and the Part II application is due June 1, 1996. A cooperative permit application approach with the County as lead applicant and the Cities as co-applicants was determined to be the best approach and an interlocal agreement to complete and submit the NPDES Part I permit application was executed August 30, 1994. The Part I application was submitted on May 30, 1995. An interlocal agreement for the NPDES Part II application was executed on May 8, 1995. As part of the Part II application, an interlocal agreement is required to set forth the relationship of the Cities, County, and Department with respect to the general responsibilities of the Cities, County, and Department in controlling the contribution of pollutants from one identified City, County, or Department, separate storm sewer system to another identified City, County, or Department separate storm system. May 13, 1996 Regular Agenda Item E Page .2 The agreement states each coapplicant is responsible for discharges from within its own boundaries and shall also be independently responsible for controlling the contribution of pollutants from their respective separate storm sewer system to another City, County, or Department separate storm system. We have not yet received the comments from the Part I application which was submitted May 30, 1995 to incorporate into the Part II application. A draft copy Part II application is available for review in the City Clerk's office. The only commitment in the Part II which is a new program is the field screening and sampling program ofthe 80 outfalls in the City. 25% must be done each year to monitor for potential pollutant loadings to the stormwater system. The remainder of the commitments in the Part II application are to better document existing programs and modify the format to be consistent with the NPDES program. FINANCIAL IMPACT: The Part I and Part II applications have been funded from the Stormwater Utility Fund at a total cost of $52,692.00. The interlocal agreement does not have a financial impact. The impact of the new sampling and monitoring program committed to in the Part II application is estimated at $5,000 annually to the Stormwater Utility Fund.. RECOMMENDATION: I am recommending that the Mayor be authorized to execute the attached interlocal agreement providing for the joint control of pollutants between the Municipalities, Seminole County, and the State of Florida Department of Transportation. IMPLEMENTATION SCHEDULE: The interlocal agreement will be included in the Part II application. The fmancial impact of the new sampling program will occur in FY 97/98. May 13, 1996 Regular Agenda Item E Pagel ATTACHMENTS: 1. Interlocal Agreement Providing Joint Control of Pollutants between Municipalities, Seminole County, and State of Florida Department of Transportation within Seminole County. 2. lnterlocal Agreement Providing Joint Application for NPDES Permit (Part 2) for Municipal Separate Storm Sewer Systems. (Previously approved May 8, 1995) 3. Executive Summary of the NPDES Part II Application - (Full draft copy available in the City Clerk's office for review) COMMISSION ACTION: '1/).$" /q6 Attachment No.1 INTERLOCAL AGREEMENT PROVIDING JOINT CONTROL OF POLLUTANTS BETWEEN MUNICIPALITIES, SEMINOLE COUNTY AND STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION WITHIN SEMINOLE COUNTY THIS INTERLOCAL AGREEMENT is made and entered into this day of 1996, by and between the CITY OF ALTAMONTE SPRINGS, a Florida municipal corporation, whose address 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;" SEMINOLE COUNTY, a poli tical subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to a~ "COUNTY;" 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." WIT N E SSE T HI WHEREAS, the CITIES, DEPARTMENT and COu~TY desire to protect and promote the public health, safety and general welfare through the management of stormwater runoff; and · WHEREAS, the CITIES, DEPARTMENT and COUNTY desire to maintain and assist in the improvement 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, certain 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 storm sewer systems, as determined from the 1990 census, and Appendix 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, thro~gh interagency agreement, of the contribution of pollutants from one portion 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 CITIES, DEPARTMENT and COUNTY have approved the concept of intergovernmental cooperation to effectively 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: Section 1. Purpose. The purpose of this Agreement is to set forth the relationship of the CITIES, DEPARTMENT and COUNTY with respect to the general 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 and COUNTY, as co-applicants, recognize that unless otherwise established through a separate agreement, each co-applicant is responsible for the discharges from within its own boundaries. The CITIES, DEPARTMENT and COUNTY shall be independently responsible for controlling the contribution of pollutants from their respec- tive 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 pursuing 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. Per.mit Implementation. Unless otherwise estab- lished through a separate agreement, each party shall be solely responsible for implementation of the NPDES permit conditions within the boundaries of its respective jurisdiction. The representative from each CITY, the DEPARTMENT and the COUNTY shall be responsible 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. Section 5. Legal Authority. The CITIES and COUNTY shall consider, and if the CITIES and COUNTY determine that such action 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 accordance with Part 40 C.P.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 under 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 registered or certified 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 1126 East State Road 434 Winter Springs, FL 32708 (407) 327-1800 LONGWOOD COUNTY City Engineer 175 West Warren Avenue Longwood, FL 32750 (407) 263 -2383 Charles E. Ball, III, 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 (407) 977-6029 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 Sanfbrd, FL 32772-1788 (407) 330-5600 Section 8. Severability. If any part of this Agreement is found invalid 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 contained herein are not materially prejudiced and if the intentions of the parties can continue to be effected. To that end, this Agreement is declared severable. Section 9. Effect. 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 parties hereto. Section 10. Assignment. This Agreement shall be binding on the parties hereunder and their representatives 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 . Notwi thstanding anything to the contrary contained herein, this Agreement shall not be construed or interpreted to contract away the rights and authority of the CITIES pursuant to the Municipal Annexation and Contraction Act, Chapter 171, Florida Statutes, as amended from time to time, nor shall anything herein be construed to contract away the COUNTY'S right to challenge any annexation 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 119, Florida Statutes, 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 effective 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 purposes herein expressed on the date and year first above written. ATTEST: CITY OF ALTAMONTE SPRINGS By: PAT WAINRIGHT, City Clerk J. DUDLEY BATES, Mayor Date: ATTEST: CITY OF CASSELBERRY By: THELMA McPHERSON, City Clerk BRUCE PRONOVOST, Mayor Date: ATTEST: CITY OF LAKE MARY By: CAROL A. FOSTER, City Clerk LOWRY E. ROCKETT, Mayor Date: ATTEST: CITY OF LONGWOOD By: GERALDINE D. ZAMBRI, City Clerk WILLIAM WINSTON, Mayor Date: ATTEST: CITY OF OVIEDO CINDY S. BONHAM, City Clerk By: MARIAM BRUCE, Mayor Date: 8 ATTEST: CITY OF SANFORD By: JANET R. DOUGHERTY, City Clerk BETTYE D. SMITH, Mayor . Date: ATTEST: CITY OF WINTER SPRINGS MARGO M. HOPKINS, City Clerk By: JOHN BUSH, Mayor Date: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: NANCY M. HOUSTON Attest: Executive Secretary or Notary Approve as to Form and Legality: District General Counsel FISCAL ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. By: DICK VAN DER WEIDE, Chairman Date: For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. As authorized for execution by the Board of County Commis- sioners at their 19___, regular meeting. County Attorney SED/dre 041996 F:\USERS\DEB\AGT\NDPES.ALL 9 , \ ~ .~ Attachment No. 2 :- INTERLOCAL AGREEMENT PROVIDING JOINT APPLICATION FOR NPDES PERMIT (PART 2) FOR MUNICIPAL SEPARATE STORM SEWER SYSTEMS THIS AGREEMENT is made and entered into this ;2 S(~ day of ~~, 1995, by and between the CITY OF ALTAMONTE SPRINGS, a Florida municipal corporation, whose address is 225 Newburyport Avenue, Altamonte Springs, FL 32701; the CITY OF CASSELBERRY, a Florida municipal corporation, whose address is 95 Triplet Lake Drive, Casselberry, Flor~da 32707; the CITY OF LAKE MARY, a_Florida municipal corporation, whose address is Post Office Box 950700, Lake Mary, Florida 32795-0700; the CITY OF LONGWOOD, whose address is 175 West Warren, Longwood, Florida 32750; the CITY OF OVIEDO, whose address is 400 Alexandria Boulevard, oviedo, Florida 32765- 0159; the CITY OF SANFORD, a Florida Municipal corporation whose address is Post Office Box 1788, Sanford, Florida 32772-1788; and the CITY OF WINTER SPRINGS, whose address is 1126 East State Road - 434, winter Springs, Florida 32708, hereinafter referred to as "CITIES" or "CITY," and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinaf- .ter referred to as "COUNTY." WIT N ESE T H: WHEREAS, the CITIES and COUNTY desire to protect and promote the public health, safety and general welfare through the manage- ment of stormwater runoff; and WHEREAS, the CITIES and COUNTY desire to maintain and assist in the improvement of water quality and to preserve and enhance the environmental quality of streams and receiving 1 '. WHEREAS, pursuant to section 402(p) (2), Federal Clean Water Act (CWA) , certain political entities are required to implement stormwater management programs within certain time framesi and WHEREAS, pursuant to CWA requirements, the united states Environmental Protection Agency (EPA) has developed regulations under the National Pollutant Discharge Elimination Systems (NPDES) permit program published as Part 40, Code of Federal Regulations (C.F.R.) section 122.26 on November 16, 1990, 55 FR 47990i and WHEREAS, section 122.26(a) (1), C.F.R., provides that storm- water permits be required for large and medium municipal separate storm sewer systems, as determined from the 1990 census, and Appendix I to section 122, C.F.R., designates the COUNTY as a medium municipal separate storm sewer systemi and WHEREAS, the EPA, Region IV, notified the COUNTY and CITIES 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, a copy of which is attached hereto and incorporated herein as Exhibit "Ai" and WHEREAS, to effect a cooperative permit application approach with the COUNTY as lead applicant and the CITIES as co-applicants, the COUNTY and CITIES executed an agreement dated August 30, 1994, to complete and submit a NPDES Part 1 permit application for municipal separate Storm Sewer Systemsi and WHEREAS, it is the mutual desire of the CITIES and COUNTY to continue the cooperative relationship and delegate responsibilities 2 for developing the. NPDES Part 2 permit application as outlined in section 122.26, 40 C.F.R. 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 are hereby acknowledged by the parties, the CITIES AND COUNTY mutually agree as follows: - section 1. Reci tals . The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. section 2. Purpose. The purpose of this Agreement is to set forth the relationship between the CITIES and COUNTY with respect to the following: (a) To define the general responsibilities of' the lead ._ app].icant and co-applicants in developing the NPDES permit applica- tion outlined in section 122.26, 40 C.F.R. (b) To establish a cost allocation method to ensure equitable distribution of program costs. section 3. General Responsibilities. (a) The COUNTY shall function as the lead applicant and will engage a consultant to assist in preparation of Part 2 of the application for an NPDES Part 2 permit as set forth in the Scope of Work For Stormwater NPDES Permit Application - Part 2, attached hereto and incorporated herein as Exhibit "B," and in accordance with section 122.26, 40 C.F.R. 3 (b) The COUNTY shall review and approve the fees submitted by the consultant to complete the work. (c) The COUNTY shall administer the consultant's contract. (d) The COUNTY as lead applicant shall have the following responsibilities: (1) The COUNTY shall manage the project, direct and correspond with the consultant and involve the co-applicants in the - development of the permit application and copy the co-applicants with correspondence from the EPA. (2) The COUNTY or its consultant shall correspond w~th the EPA and schedule regular meetings with the co-applicants. (e) The CITIES ,as co-applicants shall: (1) Submit all project correspondence to COUNTY. (2) Appoint a representative to attend meetings, review _an~ comment on consultant submittals and the permit application, and to receive correspondence from the COUNTY. (3) Provide the required information to prepare the CITIES' portion of the application in a timely manner. (4) The current time schedule for submission of information is attached hereto and incorporated herein as Exhibit "C." Section 4. Cost Allocation. (a) The CITIES and COUNTY shall share the cost of the permit application. The cost to the CITIES and COUNTY shall be distribut- ed based upon the population within each respective jurisdiction. 4 A distribution of costs expressed in percentage shares is set forth in Exhibit "D ,'" attached hereto and incorporated herein. (b) The COUNTY shall forward an invoice and a cost allocation breakdown to the CITIES. The CITIES shall forward the indicated share of an invoice to the COUNTY within forty (40) days of receipt. The COUNTY shall pay the full amount of the consultant's invoices. . section 5. copies. Upon completion of the permit applica- tion, a copy shall be provided to each CITY and the COUNTY as provided in section 12 hereinafter. section 6. Co-Applicants' Responsibility. The CITIES, as co-applicants, recognize that the COUNTY as "lead applicant" carries with it no designated or implied authority over any other municipality in the COUNTY, whether an application is submitted in I .- con-junction with the "lead applicant" or separately. Further, regardless of the number' of permits issued, unless otherwise established through a separate agreement, each co-applicant is responsible for discharges from within its boundaries, as it applies to Part 2. section 7 . withdrawal from Participation. A CITY may withdraw from participation in this Agreement, up to and including the time of submission of the application to the EPA, if it determines that it is no longer in its best interest to apply for a NPDES permit as a co-applicant with the COUNTY. Such withdrawal shall be made in writing and signed by the chairman of the withdrawing party's governing board. If a CITY withdraws under the 5 foregoing procedure it shall remain obligated to pay a pro-rata share of costs incurred, pursuant to Exhibit "D," during the period it remained a co-applicant. section 8. Permit Implementation. Each CITY shall be solely responsible for implementation of the permit content within the boundaries of its respective jurisdiction, as it applies to Part 2. The representatives from the CITIES shall be responsible for assuring the terms of the application are acceptable. The CITIES and COUNTY recognize that an implementation schedule may be included in the final permit application. It is the intent of this Agreement that the CITIES and COUNTY agree, subject to budgetary constraints and other financial considerations, to complete implementation of the Part 2 application according to the applica- tion schedule as approved by the EPA. A separate agreement ._concerning a cooperative implementation approach may be considered after issuance of the permit or permits. section 9. Adoption of Legal Authority. The CITIES and COUNTY agree, upon completion of Part 2 of the application, to consider and, if the CITIES and COUNTY determine that such action is in the best interest of the CITIES or COUNTY, adopt, modify or amend any ordinances, resolutions, rules, regulations or policies necessary to obtain permit approval. Section 10. Budget. The parties hereto recognize that under their respective legal powers they are unable to obligate them- selves legally to spend funds in excess of one (1) budget year; however, the parties do hereby bind themselves to complete the term 6 of this Agreement as they may be able to under the laws of the state of Florida, and agree to appropriate funds subject to budgetary constraints and other financial considerations. section 11. Indemnity. To the extent allowed by law, each party agrees to defend, indemnify and save harmless the others, their boards and commissions, officials, officers, employees, and agents, from and against all actions, causes, claims, ~emands, judgments, payments, recoveries, and suits of any kind, arising out of or occurring as a result of any act or omission of its officers, employees, or agents in connection wi th this Agreement. The foregoing is not' intended as a waiver of the benefits of Sec~ion 768.28, Florida S~a~u~es, or any similar law, by either party. Section 12. Notices. All notices provided for herein shall be in writing and mailed by registered or certified mail, or hand . - delivered to the addresses shown below, which addresses may be changed by a party upon proper written notice to the others as provided below: CITY OF ALTAMONTE City Engineer 225 Newburyport Avenue Altamonte Springs, FL 32701 (407) 830-3857 CITY OF CASSELBERRY City Engineer 95 Triplet Lake Casselberry, FL (407) 263-3912 Drive 32707 7 CITY OF LAKE MARY City Engineer Post Office Box 950700 Lake Mary, Florida 32795-0700 (407) 324-3000 CITY OF LONGWOOD City Engineer 175 West Warren Avenue Longwood, Florida 32750 (407) 263-2383 CITY OF OVIEDO city Engineer 400 Alexandria Boulevard oviedo, Florida 32765 (407) 366-7000 Ext. 406 CITY OF SANFORD city Engineer Post Office Box 1788 Sanford, Florida 32772-1788 (407) 330-5600 CITY OF WINTER SPRINGS City Engineer 1126 East State Road 434 winter Springs, FL 32708 (407) 327-1800 COUNTY James T. Show, P.E. Assistant County Engineer Public Works Department/Engineering Division 520 W. Lake Mary Blvd, suite 200 Sanford, FL 32773 (407) 323-2500 Ext. 5709 Section 13. Term. Unless otherwise extended by agreement of the parties hereto, this Agreement shall terminate upon submission of the NPDES Part 2 permit application which forms its subject matter. 8 section 14. Severability. If any part of this Agreement is found invalid 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 contained herein are not materially prejudiced and if the intentions of the parties can continue to be effected. To that end, this Agreement is declared severable. . section 15. Effect. This instrument constitutes the entire Agreement between the parties and supersedes all previous discus- sions, understandings and agreements, verbal or written, between the parties relating to the subject matter of this Agreement. 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, alterations, variations or waiver are ,_ expressly set forth in writing and duly signed by the parties. This Agreement shall be governed by the laws of the state of Florida, and it shall become effective immediately upon execution by the parties hereto. section 16. Assignment. This Agreement shall be binding on the parties hereunder and their representatives 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 17. Annexa tion Laws. Notwi thstanding anything to the contrary contained herein, this Agreement shall not be construed or interpreted to contract away the rights and authority of the CITIES '. 9 pursuant to the Municipal Annexation and Contraction Act, Chapter 171, Florida statutes, as amended from time to time, nor shall anything herein be construed to contract away the COUNTY'S right to challenge any annexation in accordance with the laws of the State of Florida., section 18. 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 119, Florida, statutes, in the handling of the materials created under this Agreement and that the statute controls over the terms of this Agreement. IN WITNESS WHEREOF, the lawful representative of the parties hereto have executed and affixed their official seals to this .-Agr2ement for the purposes herein expressed on the date and year first above written. ATTEST: .JL/...~ 7J7~t1~ THELMA McPHERSON, City Clerk Date. ..5'-/P-9S- CITY OF CASSELBE~ By: ~,~k1 BRUCE PRONO OST, Mayor Date: S:)/?f 10 CITY OF LAKE MARY By: ~ -:z: ~ r.; Y . ROCKETT, Mayor Date: 5-J<&.9~ . CITY OF LONGWOOD ., , ~ rJt. .-L . By: ~. ~~ City Clerk WILLI WINSTON, Mayor oate:~/~/.?13- . A~TES : -~~ , City Clerk LtNJ)J!\ L. Rl-1er2) Detll'ly Date: ATTEST: J . " /. '/1 . ..v, ,A ul!1~1 ,/ ti}c1lk,~ , CIND~ Y BONHAM, City Clerk ATTEST: ~~~;N~~k MA~r,. 0 M. HOfK"~ - .' Date: '-111 {ILl/I d;5 I /0; 0; 5 . (j I CITY OF SANFORD . '~ >tJ dJdL By: eft .< b .#./','.1 :.., BETTY~ D. SMITH, Mayor 5- ~d - q_') oate:7n'1 ~ /775 11 -. MORSE , er to'the Boaz~ of County ,commissioners of Seminole county, Florida. BOARD OF COUNTY COMMISSIONERS SEM~ COUNTy, FLORIDA By: :Lc/{' ~ RAN~~ h~ORRIS, Chairman Date: .J '.Z'I '1j I ATTEST: For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. . ~a~ [; ~ 5-;;..5'95 County Attorney As authorized for execution by the Board of CIi1~ ~iS- SiO?~S at their , 19 , regular meeti . SED/dre 05/02/95 F:\USERS\DEB\AGT\STRMW A Tl.7CY 4 Attachments Exhibit "A"- Letter from EPA Exhibit "B"- Scope Of Work For Stormwater NPDES Permit Application-Part 2 Exhibit "C"- Deliverables from Engineer Exhibit "0"- Distribution of costs/Joint Permit Application 12 Attachment No.3 EXECUTIVE SUMMARY In December 1993, Seminole County, the incorporated cities within it (Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford and Winter Springs), and the Florida Department of Transportation (FOOT), were notified that each must submit to the Environmental Protection Agency (EP A) a permit application to discharge stormwater into . waters of the United States. Seminole County, the cities, major watersheds, and major surface waters are shown in Figure E5-l. The permit to be obtained is called a National Pollutant . Discharge Elimination System (NPDES) municipal separate storm sewer system (MS4) permit. The 1988 Amendments to the Clean Water Act require municipalities (cities, counties, and other governmental agencies responsible for stormwater management) to submit a twO-part permit application based upon population: municipalities with population over 100,000 were req~ed to submit based upon the most recent census. A letter from EP A in December 1993 notified the County and the cities that the unincorporated population defined by the 1990 Census exceeded 100,000, so that the permit application was required. Cities and counties were encouraged to cooperate in the application process and indeed, Seminole County, the cities listed above and FDOT are joining together as co-applicants with Seminole County as the Lead Applicant. The purposes of the NPDES MS4 permit is to eliminate non-stormwater discharges (illicit connections) to the stormwater system, to control the discharge of stormwater pollution to the "maximum extent practicable" or MEP, and to control the discharge of stormwater from industrial activities using available technology. The first two purposes are the subjects of this permit application and the latter purpose related to industrial stormwater discharges has its own permitting process. Part 1 of the permit application provides the EP A with information related to existing programs within the municipalities related to five specific areas: legal authority, source identification, source characterization, management programs and fiscal ability. Each of these components tell EP A how the municipality is controlling stormwater pollution to the MEP. The Part 1 permit application was submitted to EP A before the deadline of June 13, 1995. Part 2 of the permit application provides the EP A with information in the same five categories related to future programs to control stormwater pollution to the MEP. That is, the co- applicants define the programs which will be continued or newly unplemented which will control stormwater pollution during the S-year life of the permit. The commitments made in the Part 2 application will become the permit conditions. Every 5 years after the receipt of the first permit, the permit will have to be renewed. Provided herein is the Part 2 permit application for Seminole County, the 7 incorporated cities and the local FDOT program. As of 1992, the total Seminole County population was 223,200, of which the unincorporated population was 173,300. EXECUTIVE SUMMARY ES-l Exec:sum.doc Draft I 5/7/96 ORANCA' COUNTY .lAK.E COUNTY IOIIICI.J: ClUfTY 1IWIWE MSDCI I YMm UICE , lID ECIIUICIOtoIlTaU: I UICE IINIEIUIClCIWn' IIIrI1f 10 unu: ECIIUICIOtoIlTaU: I IMlIlII U IIIWIU. -.vat 4 IIIII\IAY II unu: UICE IIIWIU. II UICE JDU> II GEE aax ,~~ ~~~ . PUZZLE UICE 16 IlII \/E1C1VA SK..II.fNOL.K COUN7'Y 8 ~ LIXiDGI ~ '""" Io\IIIl IIUCIWrt CITY IIIIGIM'I CIIIITY IJIIE 15 MIIIl lUCID ORANCA' COUNTY NTS CDM environmental engIneers. scientists. planners. 8 management consultants SEMINOLE COUNTY AND CO-APPLICANTS NPDES MS4 PERMIT APPLICATION PART 2 SEMINOLE COUNTY DRAINAGE BASINS FIGURE ES-1 Legal Authority During the Part 1 permit application process it was determined that: . The County and all of the cities needed additional legal authority to control pollutants from industrial activities. . The County and Longwood needed additional authority for the rem{)val of illicit connections and for the control of spills. . The County and all of the cities needed interlocal agreements for the control of stormwater travelling from one municipality to another. . Cas~elberry, Longwood and Oviedo needed additional legal authority related to compliance and enforcement of regulations and to inspection, surveillance and monitoring of facilities. The co-applicants commit to obtain the legal authority needed as described above by the end of 1999. The co-applicants are currently working on an interlocal agreement to comply with this component of legal authority. Source Identification In the Part 1 permit application the co-applicants identified and mapped known outfalls, existing stormwater treatment facilities and industrial facilities. The total number of outfalls to waters of the United States identified in Part 1 was 859. During the Part 2 application process, no new outfalls were identified. The final list of stormwater treatment facilities consisted of 1,295 ponds. An inventory of industrial facilities with Standard Industrial Codes (SIC) was also provided in the Part 2 application sorted by municipality and watershed. The list was prepared using the "High Technology and manufacturing Resource Directory 1994-1995" from the Central Florida Council of High Technology and consisted of 235 entries. Source Characterization This section of the Part 2 permit application provides information on wet weather sampling, estimates of pollution loads for certain parameters, a schedule for the development of seasonal loads, and a long-term monitoring program proposal. Wet Weather Sampling Program. Five sites were sampled using automatic samplers to collect three storm events from each site. The five sites represent runoff from a particular land use: Lake Mary Blvd Extension (industrial), Springwood Village Shopping Center (commercial), Palm Valley Community (medium density residential), Sweetwater (low EXECUTIVE SUMMARY ES-2 Execsum.doc Draftl S/7 /96 density residential) and Sun Lake Apartments (high density residential). Composite and grab samples were collected and analyzed for about 140 classical, organic, toxic and heavy metal parameters. The analysis showed that the classic pollutant values were consistent with literature ranges and with data collected by other NPDES permit applicants around Florida. Some organic pollutants (generally pesticides) were measured more than once at the residential sites, which is usually indicative of lawn care products. Estimates of Stormwater Pollutant Loading. Pollutant loads were estimated for each municipality using the Camp Dresser & McKee Inc. (CDM) Watershed Management Model (WMM) developed for this purpose. Loads were estimated for biochemical oxygen demand, carbonaceous oxygen demand, total suspended solids, total dissolved solids, total and dissolved phosphorus, ammonia nitrogen, nitrate plus nitrite nitrogen, cadmium, copper, lead and zinc. The Part 2 permit application provides the estimated annual runoff amounts and total loads by municipality (repeated in Table E5-1) and by watershed. The WMM model was also used to estimate the reduction of pollutant loads resulting from the stormwater treatment currently being provided by treatment facilities (detention and retention ponds). Individual watershed loads are reduced by up to 50 percent by the existing major stormwater treatment facilities. Schedule for Estimate of Seasonal Pollutant Loads. Seasonal variability of pollutant loading is likely a result of variable rainfall, pervious area runoff (changes in ground cover), event mean concentrations, and the efficiencies of treatment ponds. The co- applicants intend to gather information for watershed for each of these potential variables and will provide seasonal pollutant loading estimates for each watershed during the fifth year of the NPDES permit. Long-term Monitoring Program. The Part 2 permit application proposes a long-term monitoring program to help determine the impact of stormwater on receiving waters, to help estimate the effectiveness of stormwater program in reducing pollution, to identify potential sources of contaminated stormwater, and to evaluate trends. To these ends, the proposed long-term program consists of three components. Trend Monitoring. Five ambient grab sampling sites are offered to be monitored quarterly. The sites include Little Wekiva River at SR 434, Howell Creek at SR 419, Lake Jesup at SR 46, Gee Creek at SR 419 and Soldiers Creek at SR 419. These sites will be used to statistically monitor the improvement of water quality as the NPDES programs are implemented. Each of the sites are to be monitored for the duration of the permit. EXECUTIVE SUMMARY Execsum.doc Draft 1 5/7/96 ES-3 TABLE ES-1 SEMINOLE COUNTY AND CO-APPLICANTS NPDES MS4 PERMIT APPLICATION PART 2 SUMMARY OF ANNUAL LOADING AND EMC RESULTS Total Runoff: A1lamonte Springs Casselberry Lake Mary Longwood Oveido Sanford Winter Springs Unincorporated Seminole County II ,396 ac-ftlyr 6,586 ac-ftIyr 9,063 ac-ftlyr 6,672 ac-ftIyr 10,701 ac-ftlyr 18,146 ac-ftlyr 9,097 ac-ftlyr 125,542 ac-ftlyr Allamonte Springs Casselbeny Lake Mary . Longwood Load EMC Load EMC Load EMC Load EMC Parameter Ob/yr) (mgIL) Ob/yr) (mgIL) (lb/yr) (mgIL) Ob/yr) (mgIL) Biochemical Oxygen Demand 283,412 9.1 174,595 9.7 236,468 9.6 165,521 9.1 Chemical Oxygen Demand 1,814,112 58.5 1,070,732 59.8 1,599,693 64.9 1,125,824 62.1 Total Suspended Solids 1,194,729 38.6 619,828 34.6 1,162,614 47.2 916,548 50.5 Total Dissolved Solids 4,954,092 159.9 3,296,692 184.1 3,180,826 129.1 1,940,197 106.9 Total Phosphorus 7,998 0.258 4,782 0.267 7,290 0.296 5,283 0.291 Dissolved Phosphorus 4,745 0.153 2,966 0.166 4,587 0.186 3,102 0.171 Total Kjedahl Nitrogen 36,516 1.178 20,473 1.143 33,716 1.368 24,944 1.375 Nitrate + Nitrite Nitrogen 18,861 0.609 10,939 0.611 10,921 0.443 8,484 0.468 Total Nitrogen 263 0.008 123 0.007 274 0.011 229 0.013 Lead 490 0.0158 270 0.0151 319 0.0129 272 0.0150 Copper 1,843 0.0595 993 0.0554 1,637 0.0664 1,284 0.0708 Zinc 41 0.0013 27 0.0015 23 0.0009 16 0.0009 Cadmium 0 0.0000 0 0.0000 0 0.0000 0 0.0000 Unincoporated Oveido Sanford Winter Springs Seminole County Load EMC Load EMC Load EMC Load EMC Parameter Ob/yr) (mg/L) (Ib/yrl (mgILl (]b/yr) (mgILl (]b/yrl (mgIL) Biochemical Oxygen Demand 267,920 9.2 484,518 9.8 246,142 9.9 2,235,654 6.5 Chemical Oxygen Demand 1,758,157 60.4 3,197,956 64.8 1,603,749 64.8 19,598,293 57.4 Total Suspended Solids 1,031,854 35.5 2,354,075 47.7 810,230 32.8 8,738,203 25.6 Total Dissolved Solids 4,845,097 166.5 6,924,772 140.3 4,522,752 182.8 52,398,203 153.5 Total Phosphorus 8,405 0.289 12,175 0.247 6,846 0.277 74,413 0.218 Dissolved Phosphorus 5,341 0.184 7,657 0.155 4,644 0.188 46,882 0.137 Total Kjedah1 Nitrogen 36,407 1.251 61,906 1.255 30,438 1.230 401,753 1.177 Nitrate + Nitrite Nitrogen 15,691 0.539 25,048 0.508 12,315 0.498 159,916 0.468 Total Nitrogen 182 0.006 591 0.012 147 0.006 854 0.003 Lead 332 O.oJI4 796 0.0161 247 0.0100 1,940 0.0057 Copper 1,421 0.0488 3,702 0.0750 1,267 0.0512 9,240 0.0271 Zinc 36 0.0012 48 0.0010 30 0.0012 264 0.0008 Cadmium 0 0.0000 0 0.0000 0 0.0000 0 0.0000 Note: EMC = 0.3677 x Load / Runoff ES..4 SEMWMMOI.XLS snl96 Sediment Sampling Program. Sediments provide a relative measure of stormwater pollution, especially for non-dissolved pollutants. To prioritize the watersheds in Seminole County relative to stormwater pollution, the co-applicants propose a sediment sampling program whereby sediment samples throughout all of the 16 watersheds be taken once during the life of the permit. The sediments will be analysed mostly for heavy metals and the data will be used to rank the watersheds and to find potential stormwater pollution "hot spots," BMP Efficiency Monitoring. The actual efficiencies of different types of stormwater treatment facilities or best management practices (BMPs) have been questioned in recent Florida studies. Since the use of BMPs is critical to the success of the stormwater management program in Seminole County, the final component of the monitoring program will include the two BMPs with intensive rainfall event monitoring for 12 months for each facility. This monitoring is proposed to start in the second year of the permit and end after the third year. Management Programs The Part 2 permit application provides a description of management programs currently being implemented, or to be started, by each municipality to control pollution to the maximum extent practicable. All of the co-applicants rely on both the State of Florida (e.g., Department of Environmental Protection) and St. Johns River Water Management District (SJRWMD) to provide certain management services such as state certification of pesticide and herbicide applicators, development of stormwater regulations, permitting of new development, and the inspection of private stormwater systems. Programs discussed in the Part 2 permit application include: operation and maintenance (O&M) of structural controls; storm water controls on new development; O&M of streets and roads; retrofit of flood control projects to treat stormwater; landfill monitoring and control of runoff; pesticide, herbicide and fertilizer controls; elimination of illicit connections; spill containment and prevention; disposal of used oil and other household toxic materials; control ot sanitary sewer seepage into the MS4; inspection of industries; monitoring of industries; site planning for construction activities; construction BMP's; and construction site operator training. For the most part, existing programs provide a measure of the EP A permit requirements (based upon the permits issued in Florida to date) except for long- term water quality monitoring, the elimination of illicit connections through dry season screening and follow-up and the documentation of stormwater related activities. To assess the effectiveness of the management programs, the co-applicants propose to document each program for the annual reports required by the eventual permit. Overall, the WMM model estimates that structural BMP's reduce total county loads by 2 to 6 percent, the effectiveness within the cities much higher due to more extensive urban areas meeting the state stormwater treatment requirements. The effectiveness of other programs will be monitored by EXECUTIVE SUMMARY ES-5 Execsum.doc Draftl 5/7/96 documenting the volumes of material removed as a result of the program (e.g., tons of sediment sent to landfill from street sweeping, etc.). Fiscal Analysis The Part 2 permit application provides estimates of program costs for each of the co-applicants. Costs for each of the proposed programs listed above were estimated by determining budgets for existing program and adding estimated costs for new programs. Five-year costs are provided in Table ES-2. The costs assume a three percent growth rate each year. New program costs for the 5-year period average about nine percent of the total costs shown. Roles and Responsibilities While Seminole County is the lead applicant for the NPDES MS4 permit, each co-applicant has defined responsibilities to comply with the eventual per.mit. The County proposes to be the lead for the annual reports and long-term monitoring program. Each co-applicant will be responsible for legal authority and management programs administered within respective municipalities. EXECUTIVE SUMMARY ES~6 Execsum.doc Draft 1 5/7/96 Table ES-2 Seminole County NPDES MS4 Permit Application Summary of Program Costs Seminole Altamonte Lake Winter Task Commitment County Springs Casselberry Mary Longwood Oviedo Sanford Springs Legal Authority $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 Long-Term Sampling Program $190,423 $78,917 $7,600 $17,787 $5,067 $16,856 $38,487 $39,498 O&M of Structural Controls and Roads $16,896,325 $1,530,624 $860,080 $557,460 $422,607 $504,368 $504,368 $1,044,307 Stonnwater Controls on New Development $533,568 $2,655 $2,655 $2,655 $2,655 $2,655 $2,655 $2,655 Retrofit of Flood Management Projects $0 $0 $0 $0 $0 $0 $0 $0 Landfill Operations Monitoring $0 $0 $0 $0 $0 $0 $0 $0 Pesticides, Herbicides, and Fertilizers $0 $0 $0 $0 $0 $0 $0 $2,655 Enforcement of Illicit Connections $0 $0 $0 $0 $0 $0 $0 $0 Dry Weather Screening $188,880 $78,223 $11,912 $21,535 $9,507 $20,279 $40,570 $41,616 Screening Follow-up Program $158,548 $65,986 $10,657 $18,606 $8,774 $17,769 $34,608 $12,331 Spill Prevention and Control $2,351,947 $0 $0 $0 $0 $0 $0 $0 Public Reporting of Illicit Connections $45,128 $0 $0 $0 $0 $0 $0 $0 Household Toxic Handling $233,602 $0 $0 $0 $0 $0 $0 $2,655 Stonn Sewer Contamination $0 $0 $0 $0 $0 $0 $0 $0 Inspection of Industries $346,094 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $117,801 Industrial Monitoring $0 $0 $0 $0 $0 $0 $0 $0 Control of Construction Activities $318,548 $211,007 $155,965 $134,728 $77,920 $155,965 $155,965 $151,811 Annual Report $67,426 $12,446 $7,635 $2,196 $4,184 $5,020 $11,714 $10,087 Total 5-year Program Costs $21,335,489 $1,985,858 $1,062,504 $760,967 $536,714 $728,912 $794,367 $1,430,416 Percentage of Total Cost which is New 5% 12% 5% 9% 7% 10% 17% 9% ~ I ~