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
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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
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oate:7n'1 ~ /775
11
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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
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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%
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