HomeMy WebLinkAboutC-2814 - National Pollutant Discharge Elimination System (NPDES), storm water permit implementationCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
To: FINANCE DIRECTOR � - 9 - / r
FROM: CITY CLERK
DATE: September 9, 1994
SUBJECT: -Contract No. C -2814
Description of Contract National Pollutant Discharge Elimination
System - Amendment No. 1
Effective date of Contract October 26, 1993
Authorized by Minute Action, approved on December 14, 1992
Contract with County of Orange
Address
Amount of Contract (See Agreement)
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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BY THE CITY COLM
CITY OF NEWPORT SE
�41992
0
December 14, 1992
CITY COUNCIL AGENDA
ITEM NO.
TO:
Mayor and Members of the City Council
FROM:
Public Works Department
SUBJECT: ORANGE COUNTY N.P.D.E.S. PROGRAM - AMENDMENT NO. 1
COOPERATIVE AGREEMENT
RECOMMENDATION:
Approve Amendment No. 1 to the Orange County N.P.D.E.S.
Cooperative Agreement and authorize the Mayor to
execute the Amendment.
DISCUSSION:
On February 4, 1987 Congress passed the Water Quality
Act of 1987 amending the 1972 Clean Water Act. Under the Act,
the Environmental Protection Agency (EPA) is required to regulate
storm water that discharges into water of the United States. On
November 16, 1990 the EPA published regulations which require
municipalities, counties and other government agencies which
discharge storm water, to apply for a Storm Water Discharge
Permit under the National Pollutant Discharge Elimination System
Program (N.P.D.E.S.).
To bring about a more organized and efficient approach
to the program, the County of Orange, the Orange County Flood
Control District and the 29 cities within the County entered into
a cooperative agreement to develop a unified program and to file
for a County -wide N.P.D.E.S. Municipal Permit. City Council
approved the Cooperative Agreement on April 23, 1990.
Parties to the Cooperative Agreement (co- permittees)
are proposing this first amendment which includes the following
changes.
1. The cities of Laguna Hills and Lake Forest to be
included as co- permittees and parties to
agreement.
2. Participant cost -share calculations recomputed to
include the 2 additional co- permittees.
3. The County, as lead agency, may retain the
services of professional consultants and may fund
or contribute to funding technical and /or economic
studies conducted by professional organizations.
J
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Subject: Orange County N.P.D.E.S. Program - Cooperative
Agreement Amendment
December 14, 1992
Page 2
4. The establishment of a Technical Advisory
Committee consisting of 5 members chosen by the
Orange County City Engineers Association and 1
member representing the County of Orange. The
Committee will prepare by -laws to be approved by
co- permittees. The Committee will act in an
advisory role to the co- permittees and implement
policy established by the co- permittees.
The Amendment has been reviewed by staff of the co-
permittees and is currently being presented for approval to the
City Councils and Board of Supervisors. City Public Works
Department staff has reviewed and concurs with the proposed
Amendment. A copy of the Amendment and By -laws for the Technical
Advisory Committee are attached. The City's share for the
adjusted annual cost of the 1992 -93 N.P.D.E.S. Program is
$20,841.96. Sufficient funds are provided in the current budget
for the N.P.D.E.S. Program.
Be amin B. Nolan
Public Works Director
JW:so
Attachment
1 Amendment No. 1 to
' r
OR National Pollutant Discharge Elimination System
2 � i"' " Stormwater Permit Implementation Agreement
CLERK OF THE 6U ;i0 Santa Ana /San Diego Regions
31 ORANGE COUNTY
iL /�.,��
[ 4 This AMENDMENT entered into as of this �_ day of ()C(,I,Okv, , 199,13by
D
5 the County of Orange, (herein called the COUNTY), the Orange County Flood Control
6 District (herein called the DISTRICT), and the Cities of Anaheim, Brea, Buena Park,
7i Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington
i
8 Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, La Habra,
i
9j La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, San
10i Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park,
11 Westminster, and Yorba Linda (herein called the CITIES) adds two additional
12 co- permittees, provides revised participant share calculations, and establishes the
' 13 NPDES Technical Advisory Committee.
14 RECITALS
15 WHEREAS, Section X of the Stormwater Permit Implementation Agreement
I
16j (hereinafter, AGREEMENT) states that the Agreement may be amended by consent of a
17I majority of the co- permittees which represent a majority of the percentage
18i contributions as described in Section IV of the AGREEMENT; and
i
19j WHEREAS, Section VI of the AGREEMENT states that any city which becomes
I
201 signatory to this AGREEMENT after the applications for the initial NPDES Stormwater
¢ I
21I permits have been approved shall comply with all of the provisions of this AGREEMENT;
1.221, and,
1 t
231 WHEREAS, other government bodies or public agencies may request to become a
24 co- permittee to the AGREEMENT.
WHEREAS, program costs and participant share calculations are based on the
6I original 31 co- permittees and do not include calculations for additional co-
" 1
271 permittees; and,
1 05- Aug -1992
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• Amendment 1
Stormwater Permit Implementation Agreement
WHEREAS, administrative and technical tasks originally anticipated to be
handled by the co- permittees are best handled by a Technical Advisory Committee; and
NOW THEREFORE: The parties hereto do mutually agree as follows:
1. Newly- incorporated co- permittees by their signatures hereon, are added as
co- permittees to the AGREEMENT.
2. Participant share calculations shall be recomputed in accordance with the
AGREEMENT, as amended, when additional co- permittees are added. Amended calculations
and computation method are provided in Exhibit A.
3. The COUNTY as principal permittee may retain the services of professional
consultants and may fund, or contribute to funding technical and /or economic studies
conducted by professional organizations such as the American Public Works
Association.
4. The co- permittees hereby establish a Technical Advisory Committee (herein
called COMMITTEE) consisting of five members chosen by the Orange County City
Engineers Association, and one member representing the County of Orange. The
Committee shall prepare By -laws for Technical Advisory Committee and submit same to
the co- permittees for approval. The Committee will act in an advisory role to the
co- permittees and implement policy previously established by the co- permittees.
5. This AMENDMENT may be executed in counterpart and the signed counterparts
shall constitute a single instrument.
6. This AMENDMENT incorporates the following Exhibits:
Exhibit A - Attachment 1 to Stormwater Permit Implementation Agreement:
Revised Participant Share Calculations to account for
16 -Jul -1992
additional co- permittees and current census data.
-2-
• Amendment No. 1
Stormwater Permit 2mplementation Agreement
IN WITNESS WHEREOF, this AGREEMENT has been executed as of the day and year
first above written.
DATE:
DATE:
COUNTY OF ORANGE
BY
Chairman of the Board of Supervisors
ORANGE COUNTY FLOOD CONTROL DISTRICT
2 fi 1993 BY
Chairman of the Board of Supervisors
Orange County Flood Control District
OCT 2 6 13
APPROVED AS TO FORM: y ) �-
TERRY C. ANDRUS, County Counsel
ORANGE COUNTY, CALIFORNIA
ATTEST:
BY `
Phyllis A. Henderson
C1 rk of the Board of Supervisors
Orange County, California
BY
De ty
05- Aug -1992 -3-
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DATE:
DATE: e (6 � 3
APPROVED AS TO FORM:
JACK L WHITE, CITY ATTORNEY
7 x-93
DATE:
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
Amendment No. 1
Stormvater4 Irmit Implementation Agreement
CITY OF ANAHEIM
r, BY
Mayor
ATTEST:
BY
ik
City Clerk
11
CITY OF BREA
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF BUENA PARK
BY
Mayor
ATTEST:
BY
-City Clerk
= OF COSTA MESA I
BY
Mayor
ATTEST:
BY
City Clerk
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281
Amendment No. 1
• Stormvater Pert Implementation Agreement
CITY OF ANAHEIM
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
CITY OF BBEA
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
CITY.OF BUENA PARR
Gp
DATE: ��,.,_� a23_ i99a BY
Mayor
ATTEST: U
DATE: /�'f r tn. 31 /9 `la BY CUB )n.
City Clerk
DATE:
DATE:
16 -Jul -1992
CITY OF COSTA MESA
BY
Mayor
ATTEST:
BY
City Clerk
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DATE:
DATE:
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DATE: /- / q _ 93
DATE:/ - lq-`I3
DATE:
DATE:
01I. Nom
DATE:
16 -Jul -1992
•
Amendment No.
Stormwater P *t Implementation Agreement
CITY OF ANAHEIM
BY c
Mayor
r
ATTEST:
r
BY
City Clerk
CITY OF B�REA
sY.J r
Mayor
ATTEST:
BY P(
City Clerik f '
CITY OF BUENA PARR r
BY
Mayor '
ATTEST:
BY
City Clerk
CITY OF COSTA MESA '
BY
Mayor
ATTEST:
BY
City Clerk
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DATE:
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/ n:
DATE:
A VED AS TO FC
25
ORNEY'S OFFICE
OFTCOSTA MESA
28 16 -Jul -1992
Amendment No. 1
Stormvater Permit 0 ementation agreement
CITY OF ANAHEIM
IM
Mayor
ATTEST:
BY
ty
CITY OF BREA
MR
I: o**VIM
r
BY
City Clerk
CITY OF BUENA PARR
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF COSTA MESA
BY
Mayor
ATTEST:
BY
City Clerk
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Amendment No
Stormvater Per Implementation Agreement
G CITY OF CYPRESS
DATE: - / 4 - 1 � BY
Mayor
ATTEST:
DATE: - ) S -q BY 2 cam_ • °t7
City Clerk 1k
CITY OF DANA POINT
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
I DATE:
I DATE:
I DATE:
A.
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CITY OF FOUNTAIN VALLEY
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF FULLERTON
BY
Mayor
ATTEST:
BY
City Clerk
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• Amendment No. 1 IJ
Stormwater Permit •plementation Agreement
I�
CITY OF CYPRESS
I
i;
DATE: BY
Mayor
DATE:
DATE:
APPROVED AS TO FORM:
January 12, 1993
I DATE:
I DATE:
I DATE:
DATE:
16 -Jul -1992
ATTEST:
BY
City Clerk
CITY OF DANA POINT
BY / � , J
Karen Lloreda, Mayor
ATTEST:
BY W,,L T`(\- ub�
—
Katherine M. Hollywood, City Clerk
CITY OF FOUNTAIN VALLEY
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF FULLERTON
BY
Mayor
ATTEST:
BY
City Clerk
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DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
•
Amendment No. 1
Stormwater •mit Implementation Agreement
CITY OF
CYPRESS
BY
_
- Mayor _
ATTEST:
BY
_
City Clerk
CITY OF
DANA POINT
BY
Mayor
ATTEST:
BY
i
City Clerk
CITY OF
FOUNTAIN VALLEY
BY
Mayor
1
ATTEST:
aalyt,
BY
UpLdit
City Clerk.
I
CITY OF
FULLERTON
I
BY
Mayor
I
ATTEST:
BY I
City Clerk
-5-
• Amendment No 1
Stormvater Permitolementation Agreement
CITY OF CYPRESS
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
CITY OF DANA POINT
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
CITY OF FOUNTAIN VALLEY
DATE: BY,
ATTEST:
DATE:
BY
City Clerk
CITY OF FULLERTON
DATE:
BY �
Mayor
Y
a
ATTEST:
V III
DATE: /— .S - -9a—
BY 42,
o/� a
_ _�
City C rk
16 -Jul -1992
-5 -.
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r
DATE:
DATE:
DATE:
DATE:
DATE:
•
I DATE:
I DATE:
/-3 -�7- -I-,
DATE:
16 -Jul -1992
Amendment No. 1 j
Stormvater rmit Implementation Agreement
CITY OF GARDEN GROVE
BY i
Mayor
ATTEST: 1
A
BY
City Clerk I
CITY OF HUNPINGTON BEACH
BY
Mayor
i
ATTEST:
BY
City Clerk
CITY OF IRVINE
Mayor
ATTEST:
BY
City clwfk
CITY OF LAGUNA BEACH
BY
Mayor
ATTEST:
BY
City Clerk
-6-
Amendment No. 1
1 .
Stormwater Permi plementation Agreement
1
CITY OF GARDEN GRO
2,
DATE: November 17, 1992
BY
3
Mayor - --
41
ATTEST:
5
6
DATE:
By �tyea--'
7
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CITY OF HUNTINGTON BEACH
9
DATE:
BY
10
Mayor
11
ATTEST:
12
13
DATE:
BY
City Clerk
14
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CITY OF IRVINE
16
DATE:
BY
17
Mayor
18
ATTEST:
19
20
DATE:
BY
City Clerk
21
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CITY OF LAGUNA BEACH
23
DATE:
BY
24
Mayor
25
ATTEST:
26
27
DATE:
BY
City Clerk
28
16 -Jul -1992
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•
DATE:
DATE:
DATE:
APPROVED AS TO FORM:
Ci v Attorney
L
DATE:
I DATE:
I DATE:
I DATE:
DATE:
16 -Jul -1992
Amendment No. 1
Stormwater Permit lementation Agreement
CITY OF GARDEN GROVE
M
ATTEST:
BY
City Clerk
CITY OF HUNTINGTON BEACH
BY LAu
-<- Mayor
ATTEST:
BY .mUl_c�iv
City Cler
CITY OF IRVINE
BY
Mayor
ATTEST:
BY 10City Clerk
CITY OF LAGUNA BEACH
BY
Mayor
ATTEST:
BY
City Clerk
-6-
DATE;
I DATE:
I DATE:
I DATE:
DATE: & Iq & 3
DATE: G /% /7 3
•
Draft 1 City
•
CITT OF LAGUNA NIGUEL
BY
ATTEST:
BY
City Clerk
CITY OF LAKE FOREST
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF LA HABRA
BY
City mamcjer
ATTEST:
C ty Clerk
19 -May -1992 -7-
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DATE:
no-too
DATE: Q3
DATE: Ilc?y A3
DATE:
DATE:
I DATE:
DATE:
16 -Jul -1992
PJ
Amendment No. 1
Stormvater
Pe 't Implementation Agreement
CITY OF
LAGUNA HILLS
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF
GUNA MIGUEL
B
Mayor
ErY-OF-2FORECTity
leek
BY
Mayor
Q,
ATTEST:
BY
City Clerk
CITY OF
LA HABRA
BY
Mayor
ATTEST:
BY
Clerk
VACity
1k
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•
DATE: �a �yy
DATE: 9/ lv 19 2_
APPROVED CCAS TO FORM:
LOIS E. JEFF M CIT3 ATTORNEY
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
Amendment No. 1
Stormwater Perm &mplementation Agreement
CITY OF LAGUNA HILLS
May�E
MELODY CARRUTH
ATTEST:
i
BY
City Clerk
MARY A. CARLSON
CIiY OF LAGUNA NIGUEL
f:)7
ATTEST:
BY
City Clerk
CITY OF LAKE FOREST
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF LA HABRA
BY
Mayor
ATTEST:
BY
City Clerk
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Stormvater Permit Implementation Agreement 1
CITY OF LA PALMA fR
DATE: September 23, 1992 BY
Mayor j
ATTEST:
DATE: September 25, 1992 BY
City Clerk
CITY OF LOS ALAMITOS
DATE: BY
Mayor
ATTEST:
DATE:
BY
I
City Clerk
CITY OF
MISSION VIEJO
DATE:
BY
Mayor
ATTEST:
DATE:
BY
City Clerk
CITY OF
NEWPORT BEACH
DATE:
BY
Mayor
ATTEST.
DATE: BY
City Clerk
16 -Jul -1992 -8-
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Amendment No. 1
iStormwater Wt Implementation Agreement
CITY OF LA PALMA
DATE: BY
DATE:
Mayor
ATTEST:
BY
City Clerk
CITY OF LOS ALAMITOS
DATE: September 29, 1992 BY
Mayor
DATE: September 29, 1992
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
ATTEST:
City Clerk
CITY OF MISSION VIEJO
1
City Clerk
-8-
Mayor
ATTEST:
BY
City Clerk
CITY OF NEVPORT
BEACH
BY
Mayor
ATTEST:
BY
City Clerk
-8-
1
2'
4
DATE:
DATE:
DATE:
DATE:
Stormvater Permit Implementation Agreement
CITY OF LA PALMA
BY
ATTEST:
BY
City Clerk
CITY OF LOS ALAMITOS
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF MISSION VIEJO
DATE: Z4 / q /rot BY „�o.:, �46
��- May
ATTEST:
DATE: (J r�.�_ /G. l9`il BY
Q2� ) ( j City Clerk
CITY OF NEWPORT BEACH
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
16 -Jul =1992 -8-
1
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•
DATE:
DATE:
DATE:
DATE:
I DATE:
I DATE:
DATE: /II2 -4v, —zg)—
Amendment No. 1
Stormvate *rmit Implementation Agreement
CITY OF LA PALMA
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF LOS ALAMITOS
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF MISSION VIEJO
BY
Mayor
ATTEST:
BY
City Clerk
CITY 9F, NEWPORT BEACH
ATTEST:
DATE: ��' / —d > 1 �':;' BY
City Clerk(/(/
16 -Jul -1992 -8-
� "!
i
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
Amenament ivo.-- _.
Stormwater Permit Implementation Agreement
CITY OF ORANGE
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF ZPLACLA
BY y
Ma
ATTE T:
BY
City Clerk
CITY OF SAN CLEMENTE
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF SAN JUAN CAPISTRANO
BY
Mayor
ATTEST:
BY
City Clerk
-9-
141
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•
DATE: III I— jam
APPROVED
A�S�TO/]FbR`M /:
�,y �KZ3'L�GIiL V l�ti� ��v'L�C/
City Attorney
DATE: // 0?4/— f az
DATE:
DATE:
DATE:
i
DATE:
DATE:
i
I
I.
f DATE:
16 -Jul -1992
Amendmen�o. I
Stormvat Permit Implementation Agreement
CITY OF ORANGE
B
ATTEST:
BY -A�sr✓ �A C ?L
Cl City k
CITY OF PLACENTIA
BY
ATTEST:
BY
City
CITY OF SAN CLEMF.NM
BY
ATTEST:
BY
City Clerk
CITY OF SAN JUAN CAPISTRANO
BY
Mayor
ATTEST:
BY
WA
ty
• S
CIT
DATE: BY
ATT
DATE: BY
Cil
DATE: BY
DATE:
I DATE:
I DATE:
DATE: May 4, 1993
DATE: May 4, 1993
16 -Jul -1992
ATTEST:
BY
CITY OF SAN CLV�
BY
ATTEST:
l'.
BY
CITY OF SAN
BY
ATTEST: ,
BY
-9-
I :3
I.
2 'I
DATE:
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DATE:
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DATE:
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DATE:
14
Amendment No. 1
• Stormvater Omit Implementation Agreement
CITY OF ORANGE
BY
Mayor
ATTEST:
BY
ty Gier
CITY OF PLACENTIA
BY
Mayor
ATTEST:
BY
City Clerk
15 'I CIT
16:-
;I DATE: BY
17
18 ;I
ATT
1911
20 ,I DATE: l0 — 7 —rJZ BY
.I
21
22 l
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I DATE:
{ 24
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25::I
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27 DATE:
I'
?8j 16 -Jul -1992
I;
CITY OF SAN JUAN CAPISTRANO
BY
Mayor
ATTEST:
BY
City Clerk
-9-
Amendment No, i
• Stormvater Permit Implementation Agreement
CITY OF SANTA ANA
DATE: BY
ATTEST:
DATE: BY
DATE:
a� X99
DATE 07
i
I DATE:
I DATE:
1 DATE:
I DATE:
116-Jul-1992
ty
CITY OF SEAL BEACH
BY ZL
M or
ATTEST:
BY U
City Jerk
CITY OF STANTON
BY
ATTEST:
BY
City Clerk
CITY OF TUSTIN
BY
Mayor
ATTEST:
BY
City Clerk
-10-
2
3I
APPROV4AS AM
EDWA PER (, !TEY
DATE:
APT)TOOVVed
i
DATE: uly
Amendment No. 1
Stormvater Omit Implementation Agreement
CITY OF SANTA ANA
BY
_ May r'
ATTEST:
i
BY �.
City C1 rk
CITY OF SEAL BEACH
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
CITY OF STANTON
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
CITY OF TUSTIN
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
16 —Jul -1992 —10—
I!
!li
DATE:
nweuuweui �.v. i ..
Stormwater Permit Implementation Agreement
CITY OF SANTA ANA
BY
ATTEST:
DATE: BY
CITY OF SEAL BEACH
DATE: BY
DATE:
F.Nw *llm
BY
or
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Mayor
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((]� CITY OF STANTON
DATE: I I I �� —1�— BY 5
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ATTES(Tj:�
DATE: OL' ! o� —� BY
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DATE:
CITY OF TUSTIN
BY
ATTEST:
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DATE: BY
City Clerk
16 -Jul -1992 -10-
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Amendment No. 1
•. Stormvater Per* Implementation Agreement
CITY OF SANTA ANA
I DATE: BY
ATTEST:
DATE: BY
ty Cler
CITY OF SEAL BEACH
I DATE: BY
Mayor
ATTEST:
DATE: BY
I DATE:
I DATE:
I DATE:
DATE:•
16 -Jul -1992
ty
CITY OF STANTON
BY
ATTEST:
BY
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CITY OF STIN
BY
Mayor
ATTEST:
BY
City Clerk
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1Ii NJ:vm /crPVF02- 113(2140)2051913295769
28 ► 16 -Jul -1992
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Stormvater Permit Implementation Agreement
•
CITY OF VILLA PARK
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF VESTMINSTER
BY L� G t!✓j v t.
Mayor
ATTEST:
Br
City Clerk
CITY OF YORBA LINDA
BY
ATTEST:
BY
City Clerk
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DATE:
I DATE:
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I DATE:
I DATE:
Amendment No. 1
StormvaterPermit Implementation Agreement
CITY OF VILLA PARR
g BY
Mayor
ATTEST:
g —as- 9Z- BY %6u. n.¢- wjj,�
City Clerk
DATE:
NJ:vm /crPUF02- 113(2140)2051913295769
16 -Jul -1992
CITY OF WESTMINSTER
BY
Mayor
ATTEST:
BY
City. Clerk
CITY OF YORBA LINDA
BY
Mayor
ATTEST:
BY
City Clerk
-11-
Stormvater Permit Implementation Agreement
1!� CITY OF VILLA PARR
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I , DATE: BY
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CITY OF VESTMINSTER
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ATTEST:
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i DATE: BY
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DATE: BY V ° \�
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ATTEST:
25
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I 271 Leity Clerk
NJ:vm /crPWF02- 113(2140)2051913295769
28 16 -Jul -1992 -11-
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I
City of guna B_e /ac
By
City Manager
V ��
City Clerk of the City of guna Beach
APPROVED AS TO FORM:
City Attorney
Revised Attachment 1 to Stormwater Permit Implementation Agreement
a
EXHIBIT A
Revised Attachment 1
to
Stormwater Permit Implementation Agreement
FY 1992 -1993 PARTICIPANT SHARE CALCULATIONS
NJ: vm /crPWF02- 113(2198)2051913295769 2 Cities
NATIONAL POLLUTANT DISCHARGE SYSTEM
�JECTED SCHEDULE OF ENTITY'S SHARES
FOR FISCAL YEAR 1992/93
WEIGHTED AVERAGE METHOD WEIGHTINGS: POPULATION 50%
AREA 50%
* SOURCE: CALIFORNIA STATE DEPARTMENT OF FINANCE (LAKE FOREST POPULATION FROM 4/1/90 CENSUS)
** SOURCE: ENTIIRONMENTAL MANAGEMENT AGENCY - SURVEYOR BOUNDARY UNIT. AREA HAS BEEN CALCULATED US
LAND AREA FIGURES PROVIDED' BY EMA AND SUBTRACTING AREAS IN EACH JURISDICTION FOR NATIONAL FORESTS
PARKS, AIRPORTS, LANDFILLS AND MILITARY INSTALLATIONS.
* ** W.A.S.R. = WEIGHTED AVERAGE SHARE
TABLE BY EMA /ERD
1
2
3
4
1-1-91
1-1-91
ADJUSTED
ENTITY
POPULATION*
AREA **
W.A.S.R. * **
BUDGET SHARE
--------------------------------------------------------------------------------------
ANAHEIM
273,491
44.993
8.4802348%:
$77,178.62 :
BREA
32,950 :
10.404
1.4053140%:
$12,789.76 :
BUENA PARK
69,804 :
10.064
2.0551462%:
%18,703.89 :
COSTA MESA
97,437 :
15.343
2.9683999%:
$27,015.41
CYPRESS
42,628 :
6.925
1.3150161%:.
$11,967.96
DANA POINT
32,760 :
6.040
1.0658804X:
$9,700.58
FOUNTAIN VALLEY
53,699 :
9.553 :
1.7203975X:
$15,657.34
FULLERTON
115,563 :
22.298 :
3.8362899%:
$34,914.07
GARDEN GROVE
145,016 :
17.773 :
4.0281982%:
$36,660.63 :
HUNTINGTON BEACH
182,783 :
26.800 :
5.4158657%:
$49,289.79 :
IRVINE
111,418 :
43.369 :
5.3823417%:
$48,984.69
LAGUNA BEACH
23,448 :
7.800 :
1.0305601 %:
59,379.13
LAGUNA HILLS
22,666 :
5.195 :
0.8156785%:
57,423.49
LAGUNA NIGUEL
47,699 :
14.669 :
2.0041794X:
$18,240.04
LAKE FOREST
56,070 :
10.245 :
1.8171597%:
$16,537.97
LA HABRA
51,617 :
7.699 :
1.5394836%:
$14,010.84
LA PALMA
15,437 :
2.014 :
0.4381993%:
$3,988.05
LOS ALAMITOS
11,643 :
2.186 :
0.3818475%:
$3,475.19
MISSION VIEJO'
73,724 :
16.392 :
2.6141906%:
$23,791.75
NEWPORT BEACH
67,268 :
13.720 :
2.2900742%:
$20,841.96
ORANGE
112,709 :
23.202 :
3.8535310%:
$35,070.99
PLACENTIA
41,375 :
6.606 :
1.2674754%:
$11,535.29
SAN CLEMENTE
42,164 :
16.910 :
2.0751680%;
$18,886.10
SAN JUAN CAPISTRANO ;
26,745 ;
14.054 :
1.5724803%:
$14,311.14
SANTA ANA
300,256 :
27.339 :
7.6121440%;
$69,278.12
SEAL BEACH
25,095 :
8.488 :
1.1137341X:
$10,136.09
STANTON
30,818 :
3.131 :
0.8063187%:
$7,338.31 ;
TUSTIN
52,145 :
8.582 :
1.6171435 %:
$14,717.62
VILLA PARK
6,279 :
2.077 :
0.2750657X:
52,503.37 :
WESTMINSTER
78,803 :
10.190 :
2.2299129%:
$20,294.44 :
YORBA LINDA
53,878 :
17.965 :
2.3712515%:
$21,580.76 :
ORANGE COUNTY
155,889 :
152.528 :
14.6013177%:
$132,886.59 :
O.C.F.C.D. (TOTAL)
10.0000000%:
$91,010.00 :
2,453,277
584.554
100.0000000%
$910,100.00
TOTALS
* SOURCE: CALIFORNIA STATE DEPARTMENT OF FINANCE (LAKE FOREST POPULATION FROM 4/1/90 CENSUS)
** SOURCE: ENTIIRONMENTAL MANAGEMENT AGENCY - SURVEYOR BOUNDARY UNIT. AREA HAS BEEN CALCULATED US
LAND AREA FIGURES PROVIDED' BY EMA AND SUBTRACTING AREAS IN EACH JURISDICTION FOR NATIONAL FORESTS
PARKS, AIRPORTS, LANDFILLS AND MILITARY INSTALLATIONS.
* ** W.A.S.R. = WEIGHTED AVERAGE SHARE
TABLE BY EMA /ERD
i
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
P:
TECHNICAL ADVISORY COMMITTEE
D •
A COOPERATIVE PROGRAM BETWMN THE CO-PERNMTEES OF THE STOWwATER PEA%III LKn- L%MNTA,1ON AGUY- ,,mN -r
FOR THE SANTA ANA G AND SAN DMGO REGIONS WITHIN ORANGE COUNTY I
I
I i
CONTENTS
1.0 Introduction
L-M
1.1 Purpose 1
1.2 Background 1
1.3 Stornwater Permit Implementation Agreement 1
2.0 Technical Advisory Committee
2.1 Formation 1
2.2 General Tasks 1
2.3.Membership 2
2.3.1 Term of Membership 2
2.2.2 Committee Chairman 2
2.4 Meetings Frequency 2
2.5 Committee Support 2
3.0 Delegated Authority 2
3.1 Annual Operating Budget 2
3.2 Submittals to Regulatory Authorities
3.2.1 Stormwater Permit Implementation Agreement 2
3.2.2 Drainage Area Management Plan 3
3.2.3 NPDES Permits 3
3.2.4 Proposed Legislation 3
3.3 Consultant Selection 3
3.4 Budgetary Items 3
3.5 Communication with Others 3
I Exhibits
1. NPDES Technical Advisory Committee Organization 4
2. NPDES Technical Advisory Committee Members 5
3. References 5
on
1.1 Purpose
0
These Bylaws define the membership and authority of the National Pollutant Discharge
Elimination System Technical Advisory Committee (hereinafter known as "Committee"). The pur-
pose of the Committee is to serve the co-permittees of the Stormwater Permit Implementation
Agreement between the County of Orange, the Orange County Flood Control District, and other
participants (hereinafter, collectively ]mown as "co-pemtittees") in an advisory capacity and help
manage and implement the NPDES Permit Program.
1.2 Background
On July 13, 1440, the County of Orange and the Orange County Flood Control District (OCFCD),
in cpoperation with the Cities, obtained NPDES Permit Nos. CA 8000180 and CA 0108740 for
areawide stormwater discharge permits under the National Pollutant Discharge Elimirtation System
( NPDES).
The co-permittees believe the implementation of the stormwater discharge program will be imple-
mented more efficiently and effectively through this Committee. Committee Members serving the
Cities will be selected by the Orange County City Engineers Association.
1.3 Stormwater Permit Implementation Agreement
The Stormwater Permit Implementation Agreement (hereinafter known as "Agreement'), executed
on December 18, 1990, governs the administration of the NPDES municipal stormwater permits.
This Agreement identifies the County of Orange, the incorporated cities, other government entities
and the Orange County Flood Control District collectively as co-permittees.
2.0 Technical Advisory Committee
2.1 Formation
The Stormwater Permit Implementation Agreement will be amended to create the Committee.
The Committee will be governed by these Bylaws.
2.2 General Tasks
The Committee will receive, review, recommend and take appropriate actions on all program relat-
ed matters including financial reports on behalf of the co-permittees. The Committee will where
appropriate seek co-permittees approval. The Committee will interpret and implement policy estab-
lished by the co-perntittees and advise co-pennittees on matters relating to the program as required
by the co-permittees.
The relationship between the Committee and other NPDES program participants is illustrated in
Exhibit 1.
2.3 Membership
0
The Committee will consist of six members: Five members each representing a supervisorial dis-
trict and nominated by the Orange County City Engineers Association via the Orange County
League of California Cities.
The sixth member will represent the Director, EMA.
Alternate representatives for appointed members will not be permitted.
2.3.1 Term of Membership
City members will serve three years on a staggered schedule as shown in Exhibit 2.
2.3.2 Committee Chairman
The Chairman will be elected annually by a majority vote of the Committee at its first meeting.
Exhibit 2 lists present and past members of the Committee.
2.4 Meeting Frequency
At least one meeting will be held each year. Additional meetings may be held as required.
2.5 Committee Support
Staff support to the Committee will be provided by EMA - Flood Program Division and
Environmental Resources Division, and others as required. The Manager EMA -Flood Program
Division or his designee will serve as the Secretary and keep minutes of meeting proceedings.
3.0 Delegated Authority
3.1 Annual Operating Budget
The Committee will formulate, review and recommend annual operating budgets to the co-permit-
tees for approval in accordance with the Agreement and these Bylaws.
3.2 Submittals to Regulatory Authorities
The Committee will review all items submitted on behalf of co-permittees to the regulatory author-
ities as part of the Agreement.
3.2.1 Stormwater Permit Implementation Agreement
The Committee will review, and submit Stormwater Permit Implementation Agreement amend-
ments to the co-permittees for approval.
0
The Committee will review, and submit the Drainage Area Management Plan and amendments to
this Plan to the co-permittees for approval.
3.2.3 NPDES Permits
The Committee will review, and submit new or amended NPDES Permits associated with the
Municipal Stormwater discharge program to the co-permittees for approval.
3.2.4 Legislation
The Committee will review all proposed legislation relating to Stormwater Pollution (NPDES) and
recommend appropriate action to co-permittees.
3.3 Consultant Selection
The Committee will review Scopes of Work, Requests for Proposals, and consultant slates for pro-
viding specialized services related to the NPDES program and make appropriate recommendations
on these matters to co-permittees or the County as lead co-permittee.
3.4 Budgetary Items
All budgetary matters will be submitted with recommendations by the Committee for approval by
the co-permittees. Budgetary items with recommended action will be submitted in writing to each
co-permittee.
4.0 Communication with Others
The Committee may conduct informal communications as necessary with others on behalf of the
:o-pemrittees to carry out its delegated authority in implementing program.
REFERENCES
1. Orange County Flood Control Act, 1927.
i 2. National Pollutant Discharge Elimination System Stormwater Permit Implementation
Agreement; Santa Ana/San Diego Regions.
3. Orange County NPDES Storm Water Permit Program Drainage Area Management Plan.
• Exhibit i
NATIONAL POLLUTANT DISCHARGE ELLNIINATION SYSTEM
TECHNICAL ADVISORY COMMITTEE
i
I
CO- PERMITIEES
j (Permit Implementation Agreement)
� r v
y 4
REGIONAL WATER
H < QUALITY CONTROL
e
BOARDS
s
A
^ O
O.
LEAGUE OF CITIES. App°mt Membe s
GI
a
a �v —
Zf
C d
ORANGE COUNTY - g e
CITY ENGINEERS '< h
ASSOCIATION
n
ORANGE COUNTY
ENVIRONMENTAL
MANAGEMENT -
AGENCY
(Lead Co Fvrn%itlec)
YEA$
1993
1992
1991
TECiDVICAL ADVISORY COMMITTEE MEMBERS
TERM
CITY
EXPIRA-
SUPV.
OR
i
TION
DISTRICT
AGENCY
YEA$
1993
1992
1991
TECiDVICAL ADVISORY COMMITTEE MEMBERS
Note: ' Term expires upon confirmation of regular members
TERM
CITY
EXPIRA-
SUPV.
OR
NAME
TION
DISTRICT
AGENCY
DATE
8 -31 -95
3
8 -31 -93
1
8 -31 -93
4
8 -31 -94
2
8 -31 -94
5
W. L. Zaun
N/A
N/A
EMA/PW
Hugh Berry/ Don Hoppe
8 -31 -92
3
Fullerton
Lee Harry
8 -31 -93
1
Santa Ana
Frank Page, Chairman
8 -31 -93
4
Orange
Don Noble
8 -31 -94
2
Huntington Beach
John Wolter
8 -31 -94 -
5
Newport Beach
W. L. Zaun
N/A
N/A
EMA/PW
Formation Committee
W. L. Zaun, Chairman
'
N/A
EMA/PW
Lee Harry
'
1
Santa Ana
Don Noble
'
2
Huntington Beach
Hugh Berry
3
Fullerton
Frank Page
'
4
Orange
John Wolter
•
5
Newport Beach
Note: ' Term expires upon confirmation of regular members
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
C'/
TO: FINANCE DIRECTOR
t�1Zr'Iw 4"im"A?i:l'1
DATE: April 29, 1991
SUBJECT: Contract No. C -2814
Description of Contract National Pollutant Discharge Elimination
System - Stormwater Permit Implementation Agreement - Santa Ana/
San Diego Regions
Effective date of Contract December 18, 1990
Authorized by Minute Action, approved on April 23, 1990
Contract with County of Orange
Address
Amount of Contract (See Agreement)
k 4�-q ,
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
r
IF
TO:
FROM:
0
�Y THE CITY COUNCIL
CITY OF NEWPORT BEACH
APR 2 31990
City Council
Public Works Department
April 23, 1990
CITY COUNCIL AGENDA
ITEM NO. F -3(a)
SUBJECT: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
FOR URBAN STORM WATER RUN OFF
RECOMMENDATIONS:
1. Authorize the City to be a co- permittee on the
application for the Orange County NPDES Permit.
2. Authorize the Director of Public Works to sign the
application and permit on behalf of the City.
3. Authorize the Mayor and the City Clerk to execute
the joint Agreement for Implementation of NPDES
Permit in a form to be approved by the City
Attorney.
DISCUSSION:
On February 4, 1987, Congress passed the Water Quality
Act of 1987 amending the 1972 Clean Water Act. Under the Act, the
Environmental Protection Agency is required to regulate storm water
that discharges into waters of the United States. Municipalities,
counties, and other government agencies which discharge storm water
will be required to apply for a Storm Water Discharge Permit under
the National Pollutant Discharge Elimination System Program
(NPDES).
The draft regulations issued in December 1988 by the EPA
suggest that the permit program would require municipalities to,
among other things, establish storm water management programs
consisting of the following elements:
1. Water Quality Monitoring Program to characterize
discharge and identify source of pollutants.
2. Annual Facility Inspection Program to identify and
eliminate illegal and illicit connections of industrial
and sewage discharges to the drainage facility.
3. Land Use Best Management Practice (BMP) Program to reduce
the sources on non -point pollutants. This would include
such measures as requiring erosion controls on
development criteria for new developments as opposed to
water treatment works, a non - structural rather than a
structural approach to the problem.
I
0
Subject: National Pollutant Discharge Elimination System ( NPDES)
Urban Storm Water Run Off
April 23, 1990
Page 2
4. Facility design criteria to reduce the transport of
pollutants.
5. Hazardous Material Management Programs including
household hazardous waste and waste oil management
programs.
6. Water Pollution Enforcement Program with intent to
eliminate discharges of pollutants to storm drains.
To bring about a more organized and efficient approach to
this program, several cities have been meeting with the County (EMA
and Flood Control) to develop a unified program with the County as
lead agency. The County has the expertise to do much of the needed
investigation and storm water testing through the entire County
(they already have a limited program in place) and is willing to be
the lead agency. They would apply for the permit and the cities
would be co- permitees.
City Staff believes that the only practical way to move
forward with this new program is one in cooperation with the County
and other cities. It is not entirely clear yet what all will be
expected of the City. As a minimum, we think there will be storm
drain system inspections needed, on -site investigations of
potential pollutants, and regulatory enforcement required. The
actual extent and cost is not now known. During the initial permit
term our total obligation will be determined. Additional
legislation at the City and State levels may be needed. If
legislation is needed, a combined effort will be more effective.
Funding for the City's share of the program will be proposed in the
FY 1990 -91 Budget (estimated to be in the range of $20,000 to
$35,000).
For the work to be done by the County in support of the
cities, a joint participation agreement is being developed. It is
contemplated that the County and all the orange County cities would
sign this agreement and pay their fair share of EMA's costs. Cost
sharing would be based on a formula involving equal weighing of
population and area. The Flood Control District will pay 5% of the
cost off the top. A copy of the draft joint agreement is attached
for reference.
Under normal circumstances, a permit application would be
submitted to the Santa Ana Regional Water Quality Board (the local
agency designated by EPA to regulate the NPDES program) after the
final rules have been issued in July, 1990. However, it appears to
be a better strategy to file for a permit ahead of the July date.
In doing so, several advantages are obtained.
Ll
Subject: National Pollutant Discharge Elimination System (NPDES)
Urban Storm Water Run Off
April 23, 1990
Page 3
1. A 5 -year permit will be issued which will not be subject
to the anticipated stringent rules to be promulgated in
July.
2. The guidelines of this early permit will be based on the
federally- mandated program, but patterned in a manner
more feasible and acceptable to all Orange County
agencies.
3. Implementation time lines will be those developed by the
County and the cities and not those mandated by the July
guidelines. This should allow the implementation period
to be extended over a longer period of time which would
benefit all agencies greatly.
4. The Santa Ana Regional Water Quality Board is advocating
this approach as one which will be easier for them to
manage, and one which will also be acceptable to EPA.
At this time, staff believes the filing of an early
permit is necessary as outlined above. As the program develops,
staff will bring the appropriate matters back to Council for
action.
Benjamin B. Nolan
Public Works Director
Attachment
• • c - 291�4
National Pollutant Discharge Elimination System
Stormwater Permit Implementation Agreement
Santa Ana /San Diego Regions
This AGREEMENT entered into as of this /p rm day of
E)6GEMSER , 1990 by the County of Orange, (herein called the
COUNTY), the Orange County Flood Control District (herein called
the DISTRICT and the Cities of Anaheim, Brea, Buena Park, Costa
Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden
Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Niguel, La
Habra, La Palma, Los Alamitos, Mission Viejo, Newport Beach,
Orange, Placentia, San Clemente, San Juan Capistrano, Santa Ana,
Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba
Linda (herein called the CITIES) establishes the responsibilities
of each party with respect to compliance with National Pollutant
Discharge Elimination System ( NPDES) Stormwater regulations
administered by the United States Environmental Protection Agency
(EPA) under the authority granted by the Clean Water Act (CWA)
and its 1987 amendments, the Water Quality Act (WQA).
RECITALS
Whereas
Congress in 1987 amended Section 402 of the Federal Clean
Water Act (33 U.S.C.A. 1342(p)) to require the federal
Environmental Protection Agency to promulgate regulations for
applications for permits for stormwater discharges; and
Whereas
These permit regulations will require the control of
pollutants from stormwater discharges by requiring a National
Pollutant Discharge Elimination System permit which would allow
the lawful discharge of stormwaters into waters of the United
States; and
Whereas
These EPA regulations will require NPDES permits for
discharges from municipal storm sewers on a system -wide or
jurisdiction -wide basis; and
Whereas
The Legislature, in enacting the Orange County Flood Control
Act, created the Orange County Flood Control District to provide
for the control of flood and storm waters; and
Whereas
The powers granted to the DISTRICT include carrying on
technical and other investigations, examinations, or tests of all
kinds, making measurements, collecting data, and making analyses,
studies, and inspections pertaining to water supply, control of
floods, use of water, water quality, nuisance, pollution, waste,
and contamination of water, both within and without the DISTRICT;
and
0
0
Whereas
The CITIES, the COUNTY and the DISTRICT desire to develop
an integrated stormwater discharge management program with the
objective of improving water quality in the County of Orange; and
Whereas
The California State Water Resources Control Board (CSWRCB)
as designee of the EPA has delegated authority to the Regional
Water Quality Control Boards -Santa Ana Region (RWQCB -SAR) and San
Diego Region (RWQCB -SDR) for administration of the NPDES Storm
Water permit application process within the boundaries of their
Regions; and
Whereas
The COUNTY, DISTRICT and CITIES have been designated as co-
permittees by the RWQCBs; and
Whereas
The COUNTY has been designated as the lead Agency on the
permits; and
whereas
Cooperation between the CITIES, the COUNTY and the DISTRICT
to jointly file applications for NPDES Stormwater permits is in
the best interests of the CITIES, the COUNTY and the DISTRICT;
and
Whereas
The COUNTY is willing to share the expertise of its staff
with the CITIES so that they can join in seeking and implementing
certain requirements of the NPDES Stormwater permits; and
NOW THEREFORE: The parties hereto do mutually agree as follows:
I. Filinct Status. The COUNTY, DISTRICT and CITIES will
file the applications for stormwater permits as co-
permittees. The COUNTY, the DISTRICT and each
individual city will be a co- permittee.
II. Incorporation og Federal Guidelines. The terms of all
applicable Federal and State guidelines, as presently
written or as changed during the life of this agreement
are hereby incorporated by reference and made a part of
this AGREEMENT and take precedence over any
inconsistent terms of this agreement. Inconsistencies
between the terms of the permit and final federal
regulations are not applicable unless mandated by court
order.
III. Delegation of Responsibilities. The responsibilities
of each of the parties shall be as follows:
A. The COUNTY, on a cost - shared basis, shall
administer system compliance by
B.
r �
1. Preparing implementation and annual operating
budgets. The budget year shall coincide with
the fiscal year of the COUNTY, July 1 - June
30.
a. The participants shall be permitted to
review and approve the annual operating
budget for the forthcoming year.
Criteria for approval shall be
affirmative responses from a majority of
the co- permittees which represent a
majority of the percentage contribution
as described in Section IV. The COUNTY
and the DISTRICT will represent one
voting co- permittee with their
percentage contribution equal to the
total of the COUNTY and the DISTRICT as
described in Section IV. The review
period shall be from November 1 to
November 30 of each year with approval
of the final budget to be completed by
December 15.
b. The annual operating budget shall not be
exceeded without prior consent of the
majority of the co- permittees which
represent a majority of the percentage
contribution.
2. Preparing compliance reports to the Regional
Board and providing copies to the co-
permittees.
3. Preparing a draft system -wide Best Management
Practices (BMP) Program report.
4. Monitoring the implementation and ensuring
the effectiveness of system -wide BMPs. This
will include field reconnaissance to evaluate
structural and procedural BMPs. An annual
report to the RWQCB will be prepared
presenting the results of these evaluations.
The DISTRICT shall, to the maximum extent
practicable and on a cost - shared basis except in
paragraph 4 below,
1. Perform the water quality and hydrographic
monitoring for permit compliance.
2. Administer the water pollution control
program by enforcing the Orange County Water
Pollution Ordinance.
3. Develop uniform criteria for annual
3
9 0
inspection of drainage facilities.
4. Perform inspections, at no cost to the
CITIES or the COUNTY, on those facilities
owned by the DISTRICT and on .municipal
separate storm sewers in unincorporated
County. Contracts, for such inspections
within CITIES may be undertaken at the sole
expense of the requesting city.
C. The CITIES shall, to the maximum extent
practicable and at no cost to COUNTY or DISTRICT,
1. Implement a facility inspection program in
accordance with the uniform criteria
developed by the DISTRICT, for all municipal
separate storm sewers as defined by the
stormwater permit and within the
jurisdictional boundaries of that city.
2. Submit to the COUNTY, storm drain maps with
periodic revisions which reflect the
modifications that were made to the storm
drain system.
3. Prepare watershed characterizations,
including:
a. Zoning designations and
b. Identification of areas where hazardous
materials presently are or are suspected
to have been stored, manufactured or
disposed of. This shall include sites
at which a hazardous material spill has
occurred.
4. Review, approve, and implement system -wide
BMPs.
5. Eliminate or have eliminated, illegal /illicit
connections t, the storm drain system.
6. Identify the legal authority for control of
discharges to the storm drain system.
7. Provide to the COUNTY annual reports (on
forms provided by the COUNTY) and any other
information needed to satisfy annual
reporting requirements of the RWQCBs.
8. Adopt and enforce, or name DISTRICT as
enforcer of a water pollution control
ordinance, which prohibits non -NPDES
permitted discharges to the municipal
9 0
separate storm sewer system.
D. The COUNTY shall, to the maximum extent
practicable and at no cost to the CITIES or the
DISTRICT, undertake in the unincorporated areas of
the COUNTY, all activities required above of the
CITIES that are not responsibilities of the
DISTRICT as outlined in Section III. B.
IV. Program Costs. The responsibilities for payment of all
shared costs of equipment, services, contracted
analytical services, and the cost of the Regional
Board permits, shall be distributed among the
DISTRICT, COUNTY and CITIES as follows:
Participant Percentage Contribution
DISTRICT 5
CITIES + COUNTY 95
The individual percentage contributions from each city
and the COUNTY shall be functions of their respective
areas and populations relative to those of the entire
County. Each shall be calculated as one half of the
sum of the area and population fractions, multiplied by
95. Excluded are national forests, state parks,
airports, landfills, oceans, harbors, tidal bays and
military installations. The contribution of the COUNTY
shall be calculated from unincorporated areas and their
respective populations.
x + ���yt1
Share in percent for City # 1 = �xtot� �rtot� (95)
2
x = area
y = population
tot = total population or area
95 - total percentage excluding Flood Control
District contribution
The percentage shares shall be calculated by the COUNTY
EMA Environmental Resources Division from population
and area data. These calculations shall be completed by
November 1 of each year and shall be included in the
annual budget proposal. The initial percentage shares
are presented in Attachment 1.
The total of shared costs shall not exceed $1,000,000
for the first year of the program. A deposit which
constitutes a share percentage of the total anticipated
first year costs shall be required of each city. The
5
• •
COUNTY shall send invoices for these deposits to the
CITIES within 15 days of the signing of this AGREEMENT
by the Board of Supervisors. Each city shall pay the
deposit within 45 days of the date of the invoice.
If at any time during a given fiscal year the program
costs exceed the sum of the deposits, the COUNTY shall
submit invoices to the CITIES to recover the deficit.
The share for each city shall be prorated according to
the formula above. Each city shall pay the invoice
within 45 days of the billing date.
The COUNTY shall prepare a fiscal year end accounting
within 60 days of the end of the fiscal year. If the
fiscal year end accounting results in costs (net of
interest earnings) exceeding. the sum of the deposits,
the COUNTY shall invoice each city for its prorated
share of the excess cost. Each city shall pay the
billing within 45 days of the date of the invoice. If
the fiscal year end accounting results in the sum of
the deposits exceeding costs (net of interest
earnings), the excess deposits will carry forward to
reduce the billings for the following year.
After the initial billing for the program, the COUNTY
shall invoice each city for its annual deposit at the
beginning (July 1) of each fiscal year. Each city
shall pay the deposit within 45 days of the date of the
invoice. Each city0s deposit shall be based on their
prorated share of the approved annual budget, reduced
for any surplus identified in the prior fiscal year end
accounting.
Interest earned on the CITIES deposits will not be paid
to the CITIES, but will be credited against the CITIES
share of the program costs.
Upon termination of the program a final accounting
shall be performed by the COUNTY. If costs (net of
interest earnings) exceed the sum of the deposits, the
COUNTY shall invoice each city for its prorated share
of the excess. Each city shall pay the invoice within
45 days of the date of the invoice. If the sum of the
deposits exceeds the costs, the COUNTY shall reimburse
to each city its prorated share of the excess, within
45 days of the final accounting. Interest earnings are
used to offset the CITIES share of program costs and
will not be refunded to the CITIES.
Each city and the COUNTY shall bear the financial
responsibility for implementing the Program, within its
jurisdictional boundaries, as outlined in Section III.
C. and D.
The filing fees for the Permits shall be included in
the first year costs.
0
V. Life of the AGREEMENT. The life of the AGREEMENT shall
be indefinite or as long as the WQA mandates
compliance.
VI. Additional Parties. Any city which becomes signatory
to this AGREEMENT after the applications for the
initial NPDES Stormwater permits have been approved and
any city which becomes incorporated shall become a co-
permittee on the NPDES Stormwater permit issued by its
respective RWQCB and shall comply with all of the
provisions of this AGREEMENT., The date of initiation,
for determining participant costs for newly
incorporated CITIES shall be the date of incorporation,
and for a city signing after NPDES Stormwater permit
approval it shall be the date of the initial
application for the NPDES Stormwater permit. The costs
for adding the additional parties to the program,
including additional permit and processing fees, shall
be paid by the added party. Monies to be reimbursed to
the existing co- permittees shall be credited to their
respective annual program operating fees for the
following budget year.
VII. Withdrawal from the AGREEMENT. A participant may
withdraw from the AGREEMENT 60 days subsequent to
written notice to the COUNTY. The COUNTY will notify
the remaining co- permittees within 30 business days of
receipt of the withdrawal notice. The withdrawing
participant shall agree to file for a separate permit
and to comply with all of the requirements established
by the RWQCB (s). In addition, withdrawal shall
constitute forfeiture of the withdrawing participant's
deposit for the .budget year of withdrawal. The
withdrawing participant shall be responsible for all
lawfully assessed penalties as a consequence of
withdrawal. The cost allocations to the remaining
members will be recalculated in the following budget
year.
VIII. Non- compliance with Permit Requirements. Any
participant found in non - compliance with the conditions
of the permit within their jurisdictional
responsibilities shall be solely liable for any
lawfully assessed penalties, pursuant to Section 13385
of the Water Code. Common penalties shall be
calculated according to the formula outlined in Section
IV.
IX. Legal Action /Coats /Attorney Fees. Where any legal
action is necessary to enforce any provision hereof for
damages by reason of an alleged breach of any
provisions of this AGREEMENT, the prevailing party
shall be entitled to receive from the losing party all
0 0
litigation and collection expenses, administrative
costs, witness fees and court costs.
X. Amendments to the AGREEMENT. This AGREEMENT may be
amended by consent of a majority of the co- permittees
which represent a majority of the percentage
contributions as described in Section IV. The COUNTY
and the DISTRICT will represent one voting co- permittee
with a percentage contribution equal to the sum of the
individual contributions of the COUNTY and DISTRICT as
described in Section IV. No amendment to this
AGREEMENT shall be effective unless it is in writing
and signed by the duly authorized representatives of
the majority of co- permittees.
XI. Authorized Signatories. The County Director of Public
Works and the respective City Engineers or Directors of
Public Works, shall be authorized to execute the
application(s) for NPDES Stormwater permit(s) and take
all other procedural steps necessary to file the
application(s) for NPDES Stormwater permit(s).
XII. Notices. All notices shall be deemed duly given if
delivered by hand; or three (3) days after deposit in
the U.S. Mail, postage prepaid.
XIII. Governing Law. This AGREEMENT will be governed and
construed in accordance with laws of the State of
California. If any provision or provisions of this
AGREEMENT shall be held to be invalid, illegal or
unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in
any way be affected or impaired hereby.
XIV. Consent to Breach not waiver. No term or provision
hereof shall be deemed waived and no breach excused,
unless such waiver or consent shall be in writing and
signed by the co- permittee to have waived or consented.
Any consent by any co- permittee to, or waiver of, a
breach by the other, whether express or implied, shall
not constitute a consent to, waiver of, or excuse for
any other different or subsequent breach.
XV. Applicability of Prior Agreements. This document
constitutes the entire AGREEMENT between the co-
permittees with respect to the subject matter; all
prior agreements, representations, statements,
negotiations and undertakings are superseded hereby.
XVI. Execution of the AGREEMENT. This AGREEMENT may be
executed in counterpart and the signed counterparts
shall constitute a single instrument.
8
0 0
IN WITNESS WHEREOF, this AGREEMENT has been executed as of
the day and year first above written.
COUNTY RANGE
SONED 0T CERT'FIED THAT A COPY OF By
THIS DOCIi'AE -NT HAS REEM DELIVERED TO Chairperson, Board of Supervisors
THE CHA!FVIAJN OF THE BOARD.
IPJD. UT ,�.,v.ga ORANGE C TY FLOOD OL DISTRICT
Clerk of t.e Board of Supervisors
County of Orange, California By
Chairperson, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
LINDA D: RUTH �1 -r8 9v
Clerk of the Board of Supervisors
County of Orange, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CAIXFORINIA
10-If -f0
Date
0
F
AS TO FORM:
Ll
City o Newport
► �� .
27
0
ATTACHMENT 1
1990 -91 PARTICIPANT SHARE CALCULATIONS
9
WEIGHTED AVERAGE METHOD
1 -1 -90
*POPULATION
ANAHEIM
BREA
BUENA PARK
COSTA MESA
CYPRESS
DANA POINT
FOUNTAIN VALLEY
FULLERTON
GARDEN GROVE
HUNTINGTON BEACH
IRVINE
LAGUNA BEACH
LAGUNA NIGUEL
LA HABRA
LA PALMA
LOS ALAMITOS
MISSION VIEJO
NEWPORT BEACH
ORANGE
PLACENTIA
SAN CLEMENTE
SAN JUAN CAPISTRANO
SANTA ANA
SEAL BEACH
STANTON
TUSTIN
VILLA PARK
WESTMINSTER
YORBA LINDA
COUNTY OF ORANGE
COUNTY FLOOD CONTROL
ATTACHMENT 1
WEIGHTINGS: POPULATION
AREA
7 -31 -90
* *AREA
% OF POP. (sq. miles) % OF AREA
---------- ----
247,822
- - ---"
10.65%
33,815
1.45%
66,608
2.86%
94,706
4.07%
45,703
1.96%
31,189
1.34%
56,382
2.42%
111,737
4.80%
135,286
5.82%
191,630
8.24%
102,418
4.40%
24,599
1.06%
37,527
1.61%
49,398
2.12%
16,120
0.69%
12,206
0.52%
75,537
3.25%
70,202
3.02%
107,712
4.63%
42,060
1.81%
40,381
1.74%
25,268
1.09%
235,961
10.14%
27,347
1.18%
28,427
1.22%
49,409
2.12%
6,959
0.30%
73,403
3.16%
52,367
2.2S%
234,032
10.06%
44.99
10.36
10.06
15.34
6.93
6.04
9.55
22.19
17.77
26.80
43.40
7.50
14.70
7.70
2.01
2.19
16.39
13.72
23.18
6.61
16.91
14.05
27.34
8.55
3.13
8.58
2.08
10.19
17.96
255.16
6.70%
1.54%
1.50%
2.28%
1.03%
0.90%
1.42%
3.31%
2.65%
3.99%
6.46%
1.12%
2.19%
1.15%
0.30%
0.33%
2.44%
2.04%
3.45%
0.98%
2.52%
2.09%
4.07%
1.27%
0.47%
1.28%
0.31%
1.52%
2.68%
38.01%
0
50%
50%
WEIGHTED PER
AVERAGE $1,000,000
SHARE BUDGETED
--------------------
8.243428%
- - -- - --
$82,434.28
1.423452%
$14,234.52
2.071843%
$20,718.43
3.019148%
$30,191.48
1.423527%
$14,235.27
1.064192%
510,641.92
1.826951%
$18,269.51
3.851549%
$38,515.49
4.019693%
$40,196.93
5.809078%
$58,090.78
5.161863%
$51,618.63
1.032922%
$10,329.22
1.806304%
$18,063.04
1.553455%
$15,534.55
0.471369%
$4,713.69
0.404182%
54,041.82
2.702015%
$27,020.15
2.404175%
$24,041.75
3.839402%
$38,394.02
1.326499%
$13,264.99
2.020938%
520,209.38
1.509994%
%15,099.94
6.752498%
567,524.98
1.163322%
511,633.22
0.801911%
58,019.11
1.615939%
$16,159.39
0.289259%
52,892.59
2.219791%
522,197.91
2.339973%
$23,399.73
22.831329%
5228,313.29
5.000000%
-------- ------------
550,000.00
- - - - --
2,326,211 100.00% 671.38 100.00% 100.000000% 51,000,000.00
x vc= vv_ e= acc==- e= cm= ee= ayseeemer_er_ =c = ev= vvvcavv= em.esec= m= vcccxcee
NUMBERS MAY NOT FOOT DUE TO ROUNDING
• Source: California State Department of Finance
•• Source: Environmental Management Agency - Surveyor /Boundary Unit
Area has been calculated using the dry land area figures
provided by EMA and subtracting areas in each jurisdiction for
national forests, state parks, airports, landfills and military
installations.
GROSS DRY LAND AREA FIGURES SUPPLIED BY EMA SURVEYOR /BOUNDARY UNIT:
ANAHEIM
44.99
LOS ALAMITOS
4.26
BREA
10.36
MISSION VIEJO
16.39
BUENA PARK
10.06
NEWPORT BEACH
13.77
COSTA MESA
15.34
ORANGE
23.18
CYPRESS
6.93
PLACENTIA
6.61
DANA POINT
6.44
SAN CLEMENTE
17.09
FOUNTAIN VALLEY
9.55
SAN JUAN CAPISTRANO
14.05
FULLERTON
22.30
SANTA ANA
27.34
GARDEN GROVE
17.77
SEAL BEACH
10.72
HUNTINGTON BEACH
27.27
STANTON
3.13
IRVINE
43.40
TUSTIN
10.98
LAGUNA BEACH
7.50
VILLA PARK
2.08
LAGUNA NIGUEL
14.70
WESTMINSTER
10.19
LA HABRA
7.70
YORBA LINDA
17.96
LA PALMA
2.01
COUNTY OF ORANGE
364.80
i
LAND AREA DEDUCTED FROM JURISDICTIONS:
Landfills:
to
State Parks:
Area
(Sq. Miles)
- --- - - --
Jurisdiction
--- - - - - --
Olinda
-- --
.89
County
Santiago
.25
County
Prima Deschecha
2.34
County
Bee Canyon
1.13
County
Coyote Canyon
1.09
County
State Parks:
Airports:
Area
(Sq. Miles) Jurisdiction
-- ---- - -- - -- --- -- - - --
Fullerton .11 Fullerton
John Wayne .78 County
Military Facilities:
Area
(Sq. Miles)
----- - - - - --
Marine Corps Air Station 2.40
E1 Toro Marine Base 6.25
Los Alamitos Armed 2.07
Services Reserve Center
Seal Beach Weapons Station 2.17
National Forests:
Jurisdiction
Tustin
County
Los Alamitos
Seal Beach
Area
(Sq. Miles) Jurisdiction
--- --- ------ --- - - - - --
Cleveland National Forest 86.75 County
0
Area
(Sq. Miles)
------------
Jurisdiction
-- ------
Alamitos St. Beach
.002
Seal Beach
Bolsa Chica St. Beach
.27
Huntington Beach
Chino Hills St. Park
4.09
County
Corona Del Mar St. Beach
.05
Newport Beach
Crystal Cove St. Park
6.30
County
Doheny St. Beach
.40
Dana Point
Huntington St. Beach
.20
Huntington Beach
San Clemente St. Beach
.18
San Clemente
Airports:
Area
(Sq. Miles) Jurisdiction
-- ---- - -- - -- --- -- - - --
Fullerton .11 Fullerton
John Wayne .78 County
Military Facilities:
Area
(Sq. Miles)
----- - - - - --
Marine Corps Air Station 2.40
E1 Toro Marine Base 6.25
Los Alamitos Armed 2.07
Services Reserve Center
Seal Beach Weapons Station 2.17
National Forests:
Jurisdiction
Tustin
County
Los Alamitos
Seal Beach
Area
(Sq. Miles) Jurisdiction
--- --- ------ --- - - - - --
Cleveland National Forest 86.75 County
0
BOARD OF SUPERVISO0
ORANGE COUNTY, CALIFORNIA
MINUTES December 18, 1990
COOPERATIVE AGREEMENT AND IMPLEMENTATION PLAN -- NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (FLOOD): Environmental Management Agency
requests approval of the National Pollutant Discharge Elimination System
(NPDES) Permit Implementation Agreement and three related position
exchanges.
MOTION: On motion by Supervisor Roth, seconded by Supervisor Vasquez,
the Board moved to: 1. Acting as the Orange County Flood Control
District, authorize execution of agreements with 29 cities as submitted.
2. Authorize the addition of two Environmental Resource Specialist III
and one Environmental Resources Specialist II. 3. Delete two Civil
Engineers, limited -term and one Building Inspector IV. 4. Approve
establishment of National Pollutant Discharge Elimination System Permit
Unit under the Environmental Resources Division. 5. Amend master
position control as indicated on submitted Unbudgeted Position Request
forms. MOTION UNANIMOUSLY CARRIED.
Ev
MAR 0 1 1991 ►
f�vv T QEACH
CALIF.
CITY OF NEWPORT BEACH
Public Works Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92659 -1768
DATE: October 4, 1990
TO: Orange County EMA
10852 Douglas Road
Anaheim, CA 92806
ATTENTION: Mr. Joe Haug
SUBJECT: (NPDES) Implementation Agreement
We are transmitting the following:
No. Copies Description
2 Executed Copies of Agreement
Remarks: Joe: Please return City's fully executed copy of
agreement to my attention. If you have any questions,
please call me at 644 -3311.
By:
Attachments
Wolter
rative Projects Engineer