HomeMy WebLinkAboutC-3542 - Amendment and Restatement of National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement•
C- ;l�5Le
Agreement D02-048
AMENDMENT AND RESTATEMENT OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORMWATER PERMIT IMPLEMENTATION AGREEMENT
This AGREEMENT, for purposes of identification numbered D02-048, entered into
this d� day of
, 2002, by the County of Orange, (herein called
the COUNTY), the Orange County Flood Control District (herein called DISTRICT) and the
cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point,
Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach,
Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Habra, La Palma, Los
Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San
Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park,
Westminster, and Yorba Linda (herein called CITIES) restates the agreement provisions
made previously by the COUNTY, DISTRICT and CITIES with respect to compliance with the
National Pollutant Discharge Elimination System (NPDES) municipal stormwater permits
issued for Orange County and amends specified provisions to add three additional
cities, revises participant share calculations and allows participant share
calculations on a countywide and regional basis. The COUNTY, DISTRICT and CITIES may
be referred to collectively as PERMITTEES or individually as a PERMITTEE in this
AGREEMENT.
RECITALS
WHEREAS, Congress in 1987 through the Water Quality Act (herein called WQA)
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
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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 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
WHEREAS, the COUNTY, the DISTRICT and the CITIES 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)(collectively, the RWQCBs) for
administration of the NPDES stormwater permit application process within the
boundaries of their Regions; and
WHEREAS, the COUNTY, DISTRICT and CITIES have been designated as PERMITTEES by
the RWQCBs; and
WHEREAS, the COUNTY has been designated as the Principal PERMITTEE on the
permits; and
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WHEREAS, cooperation between the CITIES, the COUNTY and the DISTRICT to jointly
file applications for NPDES Stormwater permits and implement common programs, to the
extent feasible, 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
WHEREAS, the PERMITTEES approved a Stormwater Permit Implementation Agreement to
memorialize program cooperation based on the above recitals on December 18, 1990 which
was subsequently amended on October 26, 1993 by Amendment No. 1 (the December 18, 1990
Agreement as Amended by Amendment No. 1 will be referred to collectively hereinafter
as the ORIGINAL AGREEMENT); and
WHEREAS, Section X of the ORIGINAL AGREEMENT provided that the ORIGINAL
AGREEMENT may be amended by consent of a majority of the PERMITTEES which represent a
majority of the percentage contributions as described in Section IV of the ORIGINAL
AGREEMENT; and
WHEREAS, Section VI of the ORIGINAL AGREEMENT states that any city which becomes
signatory to this ORIGINAL AGREEMENT after the applications for the initial NPDES
stormwater permits have been approved shall comply with all of the provisions of the
ORIGINAL AGREEMENT; and,
WHEREAS, pursuant to Sections VI and X of the ORIGINAL AGREEMENT, the PERMITTEES
approved Amendment No. 1 to the ORIGINAL AGREEMENT (herein called AMENDMENT NO. 1) on
October 26, 1993 to add two newly incorporated cities, provide participant share
calculations based on thirty-three PERMITTEES and establish a Technical Advisory
Committee; and
WHEREAS, the PERMITTEES now desire to restate those provisions in the ORIGINAL
AGREEMENT that remain unchanged and amend specified provisions to add three additional
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cities, revise participant share calculations and allow participant share calculations
on a countywide and regional basis.
NOW THEREFORE: The PERMITTEES hereto do mutually agree to add the cities of
Aliso Viejo, Laguna Woods and Rancho Santa Margarita as PERMITTEES under this
AGREEMENT, to restate those provisions in the ORIGINAL AGREEMENT that remain unchanged
and amend Sections II, III.A., III.B., III.C., IV, VIII, IX, XI and XV in their
entirety as follows:
I. FILING STATUS
The COUNTY, DISTRICT and CITIES will file the applications for stormwater
permits as PERMITTEES. The COUNTY, the DISTRICT and each individual City
will be a PERMITTEE.
II. INCORPORATION OF FEDERAL GUIDELINES
The terms of all applicable Federal and State water quality regulations
and guidelines under the Clean Water Act and Water Quality Act, 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 AGREEEMENT.
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:
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 and work plan for
the forthcoming year. Criteria for approval shall be
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affirmative responses from a majority of the PERMITTEES
which represent a majority of the percentage
contribution as described in Section IV. The COUNTY and
the DISTRICT will represent one voting 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 January 1 to January 31 of
each year with approval of the final budget to be
completed by February 15.
b. The annual operating budget shall not be exceeded
without prior consent of the majority of the PERMITTEES
which represent a majority of the percentage
contribution.
2. Consulting with the city managers and any committees
established by the city managers when preparing budgets and
major program elements.
3. Preparing compliance reports to the Regional Board and
providing copies to the PERMITTEES.
4. Preparing a model system -wide Best Management Practices (BMP)
Program report.
5. 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 RWQCBs will be prepared presenting the results of these
evaluations.
6. The COUNTY as Principal PERMITTEE may retain the services of
professional consultants and may fund, or contribute to
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funding technical and/or economic studies conducted by
professional organizations such as the American Public Works
Association
B. The DISTRICT shall, to the maximum extent practicable, and on a
cost -shared basis except as set forth in subparagraph 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 Quality Ordinance.
3. Develop uniform criteria for annual 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 stormwater 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
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b. Identification of areas where hazardous materials
presently are or are suspected to have been stored,
manufactured, or disposed. 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 to
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 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.
E. The 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. The COMMITTEE shall prepare by-laws for the
Technical Advisory Committee and submit same to PERMITTEES for
approval. The COMMITTEE will act in an advisory role to the
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PERMITTEES and implement policy previously established by the
PERMITTEES.
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 COUNTY, DISTRICT, and CITIES
as follows:
Participants Percentage Contribution
DISTRICT 10
CITIES -+ COUNTY 90
The individual percentage contributions from each city and the COUNTY
shall be functions of their respective areas and population relative to
those of the entire County. Each area shall be calculated as one half of
the sum of the area and population fractions, multiplied by 90%. Excluded
are national forests, state parks, airports, landfills, oceans, harbors,
tidal bays and military installations (Exhibit A-1). The contribution of
the COUNTY shall be calculated from unincorporated areas and their
respective populations.
Share in percent for City #1 = { (X1/Xtot) + (Y1/Ytot) }/2 x (90)
X = area
Y = population
tot = total population or area
90 = total percentage excluding Flood Control District contribution
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The percentage share shall be calculated by the COUNTY Public Facilities
and Resources Department Environmental Resources Section from population
and area data. These calculations shall be completed by January 1 of each
year and shall be included in the annual budget proposal. The annual
budget proposal shall be recomputed for the thirty-six PERMITTEES based on
the following percentage share computation methods:
A. Countywide costs as provided in Exhibit B-1.
B. Regional costs specific to only one RWQCB permit as provided in
Exhibits B-2A and B-2B.
C. In the event of a regulatory directive issued to PERMITTEES, the COUNTY
shall provide immediate notice to the affected PERMITTEES and meet and
confer with them with respect to responding to the directive and
funding the immediate response.
Amended calculations and computation method for fiscal year 2002-03 are
provided in Exhibits B-1, B-2A and B-2B, which are made a part hereof.
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, following the approval process described in Section
III.A.1.b. above. 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
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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.
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 city's 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.
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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 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
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
PERMITTEES within 10 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
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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 PERMITTEE 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 and the Federal Clean Water Act. Common penalties shall be calculated
according to the formula outlined in Section IV.
IX. LEGAT ACTION/ COSTS/ 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 litigation and collection expenses, administrative costs,
witness fees and court costs including reasonable attorneys fees.
X. AMENDMENTS TO THE AGREEMENT
This AGREEMENT may be amended by consent of a majority of the PERMITTEES
which represent a majority of the percentage contributions as described in
Section IV. The COUNTY and the DISTRICT will represent one voting
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 PERMITTEES.
XI. AUTHORIZED SIGNATORIES
The County Director of the Public Facilities and Resources Department and
the respective City Managers, shall be authorized to execute the
application(s) for NPDES municipal stormwater permit(s) and take all other
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procedural steps necessary to file the application(s) for NPDES municipal
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 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
PERMITTEE to have waived or consented. Any consent by any 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 restates and amends the provisions in prior agreements and
constitutes the entire AGREEMENT between the 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 counterparts and the signed counterparts
shall constitute a single instrument.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
opposite their respective signatures:
Date:
Date:
6-a5-oar
APPROVED AS TO FORM
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
Geof e, K. Hunt, Deputy
re 7 -z_
ORANGE COUNTY FLOOD CONTROL DISTRICT
A body corporate and politic
By
Chairman of the Board of Supervisors
COUNTY OF ORANGE
A body corporate and politic
By �T�2i%�%
C�0
Chaff man of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By
DARLENE J. BLOO
Clerk of the Board of Su
Orange County, Cali
ORa
c(�
Pool „ .IL%
lrvisors of
ornia
le(.
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CITY OF ALISO VIEJO
Date: 6d-ober C45 , 2002 By•
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk
City Attorney
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CITY OF ANAHEIM
Date:
, 2002 By:
Agreement D02-048
Mayor
ATTEST: APPROVED AS TO FORM:
JACK L. WHITE, CITY ATTORNEY
i
City lerk
By: ALISO M. KOTT, DEPUTY CITY ATTORNE
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CITY OF BREA
Date: 407 (lV , 2002
By: /1I;,;
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk
y Attorney
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CITY OF BUENA PARK
Date: June 25
ATTEST:
, 2002 By:
Mayor
APPROVED AS TO FORM:
City Clerk City Attorney
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CITY OF COSTA MESA
Date:
ATTEST:
y Clerk
avik W e)?/(141
, 2002 By: ✓
Mayor
APPROVED AS TO FORM:
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CITY OF CYPRESS
, 2002 By:
114.61Ala#4.
Mayor
APPROVED AS TO FORM:
City Attorn
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CITY OF DANA POINT
Date:
ATTEST:
City 6k
, 2002 By:
or
APPROVED AS TO FORM:.
C ty Attorney
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CITY OF FOUNTAIN VALLEY
Date:
Cune zj
ATTEST:
City Clerk
2002 By:/� r.ttts--/
ayor a.
APPROVED AS TO FORM:
City Attorney
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CITY OF FULLERTON
Date:
ATTEST:
/1
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City C1 rk
, 2002 By:
:
L
Mayor
APPROVED AS TO FORM:
City Ax'hey
APPROVED AS TO CONTENT:
)irector of Engineering
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CITY OF GARDEN GROVE
Date: v N 4e ill
2002 By:
ATTEST: APPROVED AS TO FORM:
CYterk
City Atto
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CITY OF HUNTINGTON BEACH
Date:
, 2002 By:
mama
yor
ATTEST: APPROVED AS TO FORM:
City Clerk
i
`- 7- on.
it -City Attorney
itv /0
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CITY OF IRVINE
Date: 3 L-n- . Z.! 2cc'2,� 2002 By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk
City Attorney
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Agreement D02-048
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CITY OF LA HABRA
Date:
, 2002
ATTEST: APPROVED AS TO FORM:
City Clerk
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5-31-02 Final
Agreement D02-046
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CITY OF LA PALMA
Date: , 2002 By: AuJ
ATTEST:
4400
P' i' (dy Uerk
Mayor
APPROVED AS TO FORM:
City
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CITY OF LAGUNA BEACH•
Date:
ATTEST:
i
u�
2002 By:
City Manager
APPROVED AS TO FORM:
City Clerk / \— City Attorney
5-31-02 Final
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Agreement D02-048
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CITY OF LAGUNA HILLS
Date: June 11 , 2002 By:
ATTEST: APPROVED AS TO FORM:
City Clerk are• A. Carlson
City Attorney Lois E. J
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5-31-02 Fine/
Agreement D02-048
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CITY OF LAGUNA NIGUEL
Date: C.J,,.,ti.. cV , 2002
ATTEST:
C
By: Z'if firr✓b
Mayor
APPROVED AS TO FORM:
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531-02 Final
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CITY OF LAGUNA WOODS
Date: 4 -,.6'
, 2002 By:
Major
ATTEST: APPROVED AS TO FORM:
aCket-Z
Xs-
City Clerk ( C Attorney
y
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Sal -Canna'
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Agreement D02-048
CITY OF LAKE FOREST
Date: , 2002 By:
ATTEST:
77AYo-k\-
Richard T. Dixon, Mayor
APPROVED AS TO FORM:
Sherry A.F./Wehtz, Cicy Clekk Thomas W. Allen, City Attorney
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5-31-02 Final
Agreement D02-048
CITY OF LOS ALAMITOS
Date:
June 24 , 2002 By:
ATTEST:
Ma or Ro sates
APPROVED AS TO FORM:
12etE Cl rk C. D612ordova Laity + ttorney Fred Galante
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5-31-02 Final
Agreement D02-048
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CITY OF MISSION VIEJO
Date: /- o 2-
ATTEST:
, 2002 By:
APPROVED AS TO FORM:
City C1e f) / City Attorney
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CITY OF NEWPORT BEACH
Date:
ATTEST:
, 2002
4J 7I&,
City Clerk
By:
Mayor
APPROVED AS TO FORM:
ty Attorney
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CITY OF ORANGE
Date:
ATTEST:
City Clerk
, 2002
By: G n'
Mayor // ¢
APPROVED AS TO FORM:
C
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CITY OF PLACENTIA
Date: Lj'WA2s 10 , 2002 i:y:
// MayOr
ATTEST: APPROVED AS TO FORM:
elk ‘ICI
City Clerk City Attorney
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Agreement D02-048
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CITY OF RANCHO SANTA MARGARITA
Date: June 20
, 2002
By:
i
Mayor James M. Thor
ATTEST: APPROVED AS TO FORM:
City Clerk Debbie Ea n
Attorney • n E. Cnaugh
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5.31.02 Final
Agreement D02-048
CITY OF SAN CLEMENTE
Date: JUNa /6)
, 2002 By:
ATTEST: A'P PROVED AS TO FORM:
City C1er,
torn
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Agreement D02-048
CITY OF SAN JUAN CAPISTRANO
Date: 6 - /0
, 2002 By:
Mayor Diane Bathg
ATTEST: APPROVED AS TO FORM:
Clerk City A torney
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Agreement D02-048
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CITY OF SANTA ANA
Date: July 1 . 2002 By:
ATTEST:
City Clerk
APPROVED AS TO FORM:
.A
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City.;Attdrney
V
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Agreement D02-048
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CITY OF SEAL BEACH
Date:
ATTEST:
Oluat
, 2002
BY: %tin° 44, 2ri...-
Mayor
APPROVED AS TO FORM:
Ci - erk City Attorney
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Agreement D02-048
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CITY OF STANTON
Date: June 25 , 2002 By:
ATTEST:
Mayor
APPROVED AS TO FORM:
City Clerk ,pity AtL5tney
kSZ--
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Agreement D02-048
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CITY OF TUSTIN
Date: -1 - I -Oa , 2002 Sy:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Agreement D02-04
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CITY OF VILLA PARR
Date: j¢if� , 2002 By:
Mayor
ATTEST: APPROVED AS TO FORM:
City lerk
~ey
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Agreement D02-048
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CITY OF WESTMINSTER
Date: ,J vtat Z'/ , 2002 By: Q/2-; v 1/4;e•
Mayor
ATTEST: APPROVED AS TO FORM:
City er
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Agreement D02-04B
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CITY OF YORBA LINDA
Date: J44.,e-12l8'
ATTEST:
, 2002
By:
M ZA/7
mayor Allen Castellano
APPROVED AS TO FORM:
"Kak` U/ I. )I!GklLxL � City Attorney CAMAS City Clerk ;)
Best, Best & Krieger, LLP
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5-31-02 Final
Landfills
Olinda
Santiago
Prima Descheca
Bee Canyon
Coyote Canyon
State Parks
EXHIBIT A - 1
LAND AREA DEDUCTED FROM JURISDICTIONS
Area sq miles
Alamitos State Beach
Bolsa Chica State Beach
Chino Hills State Park
Corona Del Mar State Beach
Crystal Cove State Park
Doheney State Beach
Huntington State Beach
San Clemente State Beach
Airports
Fullerton
John Wayne
Military facilities
MCAS Tustin
MCAS El Toro
Los Alamitos Armed Svs. Center
Seal Beach Weapons Station
National Forests
0.89
0.25
2.34
1.13
1.09
0.002
0.27
4.09
0.05
6.30
0.40
0.20
0.18
0.11
0.78
2.40
6.25
2.07
2.17
Cleveland National Forest 86.75
Jurisdiction
County
County
County
County
County
Seal Beach
Huntington Beach
County
Newport Beach
County
Dana Point
Huntington Beach
San Clemente
Fullerton
County
Tustin
County
Los Alamitos
Seal Beach
County
49
• EXHIBIT B -1 •
Cost Sharing For Region Specific Elements
NPDES Permittee Shares of Revenue
Fiscal Year 200212003
Pennittee
Population'
Area leg. mi.) "
Weighted Average
Share of Revenue fl4)
Budget Share
FY 2002-2003
Aliso Viejo"'
40,166
7.15
1.168548686
$70,114
Anaheim
336,300
49.761
9.005630974
$540,344
Brea
36,100
10.954
1.399038534
$83,943
Buena Park
80,100
10.064
2.007224432
$120,435
Costa Mesa
110,900
15.480
2.898148677
$173,891
Cypress
47,150
, 6.925
1.258634332
$75.519
Dana Point
35,800
6.440
1.046705013
$62,803
Fountain Valley
55,900
9.553
1.595652357
$95,740
Fullerton
129,200
22.536
3.723143526
$223,391
Garden Grove
169,200
17.900
3.981247954
$238,877
Huntington Beach
193,700
27.283
5.080856025
$304,855
Irvine
150,100
46.148
5.863460245
$351,811
La Habra
60,800
• 7.313
1.498466857
$89,909
La Palma
15,700
2.014
0.396615551
$23,797
Laguna Beach
24,150
7.820
0.973824935
$58,430
Laguna Hills
33,900
6.626
1.031809811
$61,909
Laguna Niguel
63,200
15.003
2.127750971
$127,666
Laguna Woods"'
16,750
- 3.050
0.492569562
$29,554
Lake Forest
76,700
16.795
2.473428382
$148,407
Los Alamitos
11,750
. 4.256
0.508566627
$30,514
Mission Viejo
96,600
• 17.427
2.828184924
$169,693
Newport Beach
72,000
27.740
3.244247595
$194,657
Orange
132,800
23.329
3.839599305
$230,378
Placentia .
47,600
6.606
1.240982586
$74,460
Rancho Santa Margarita"'
48,350
13.080
1.751218729
$105,074
San Clemente
52,500
17.697
2.170701556
$130,243
San Juan Capistrano
34,600
14.054
1.614764803
$96,887
Santa Ana
348,100
27.349
7.460695499
$447,646
Seal Beach
24,500
10.660
1.197977061
$71.879
Stanton
38,300
3.131
0.830259739
$49,816
Tustin
69,200
10.992
1.911061605
$114,665
Villa Park
6,125
2.088
0.255047196
$15,303
Westminster
89,900
10.190
2.167659672
$130,061
Yorba Linda
60,000
19.918
2.45714216
$147,430
County of Orange
117,634
86.846
8.499136117
$509,953
OCFCD
0
0.000
• 10
$600,006
TOTALS
2,926,776
684.178
100.00000
$6,000,063
' Source: State of Califomia, Department of Finance, E-1 City/County Population Estimates with Annual
Percent Change January 1, 2000 and 2001, Sacramento, California, May 2001.
" Source: Public Facilities and Resources Department - Geomatics. Area was calculated in
miles using the dry land area figures and subtracting areas in each jurisdiction for national forests, state
parks, airports, landfills and military installations as determined in the NPDES Implementation Agreement.
Source: County of Orange will cover the program costs until the cities are added onto the Implementation
Agreement.
• • EXHIBIT B - 2A •
Santa Ana Region Water Quality Monitoring Element Cost Sharing
NPDES Pemtittee Shares of Revenue
Fiscal Year 2002/2003
Pemtittee
Population "
Area lsq. mi.) "
Weighted Average
Share of Revenue (%)
Budget Share
FY 2002.2003
Anaheim
336,300
49.761
11.50960704
$81,714
Brea
36,100
10.954
1.825103021
$12,958
Buena Park
80,100
10.064
2.553351287
$18,129
Costa Mesa
110,900
15.480
3.69761647
$26,253
Cypress
47,150
6.925
1.606166546
$11,416
Fountain Valley
55,900
9.553
2.047696569
$14,539
Fullerton
129,200
22.536
4.780735697
$33,943
Garden Grove
169,200
17.900
5.040702925
$35,789
Huntington Beach
193,700
27.283
6.484102882
$46,037
Irvine
150,100
46.148
7.651879999
$54,328
La Habra
60,800
7.313
1.903863349
$13,517
La Palma
15,700
2.014
. 0.504819924
$3,584
Laguna Hills (17.77% in SAR)
6,024
1.177
0.23621502.8
$1,677
Laguna Woods*** (51.97% in SAR)
8,705
1.585
0.329114592
$2,337
Lake Forest (68.68% in SAR)
52,678
11.535
2.195733065
$15,590
Los Alamitos
11,750
4.256
0.666605749
$4,733
Newport Beach
72,000
27.740
4.259213593
$30,240
Orange
132,800
23 329
4.931287387
$35,012
Placentia .
.47,600
6.606
1.583054937
$11,240
Santa Ana
348,100
27.349
9.374656128
$66,560
Seal Beach
24,500
10.660
1.577568779
$11,201
Stanton
38,300
3.131
1.044262359
$7,414
Tustin
69,200
10.992
2.447280658
$17,376
Villa Park
6,125
2.088
0.333769321
$2,370
Westminster
89,900
10.190
2.749617183
$19,522
Yorba Linda
60,000
19.918
3.213274703
$22,814
County of Orange (48.15% in SAR)
56,641
41.816
5.451300812
$38,704
OCFCD
0
0.000
10
$71,000
TOTALS
2,409,472
428.304
100.00000
.. S710,000
• Source: State of California, Department of Finance, E-1 City/County Population Estimates with Annual Percent Change,
January 1, 2000 and 2001, Sacramento, California, May 2001.
• Source: Public Facilities and Resources Department - Geomatics. Area was calculated in
miles using the dry land area figures and subtracting areas in each jurisdiction for national forests, state parks, airports,
landfills and military installations as determined in the NPDES stormwater Implementation Agreement.
• Source: County of Orange will cover the program costs until the cities are added onto the Implementation Agreement.
• EXHIBIT B - 28 •
San Diego Region Water Quality Monitoring Element Costs Sharing
NPDES Permittee Shares of Revenue
Fiscal Year 2002/2003
Permittee
Population *
Area (sq. mi.) "
Weighted Average
Share of Revenue ('k)
Budget Share
FY 2002-2003
Aliso Viejo"
40,166
7.15
5.564958394
$70,675
Dana Point
35,800
6.440
4.979452958
$63,239
Laguna Beach
24,150
7.820
4.362458062
$55,403
Laguna Hills (82.23% in SDR)
27,876
5.449
4.002585974
$50,833
Laguna Niguel
63,200
15.003
9.839674834
$124,964
Laguna Woods' (48.03% in SDR)
8,045
1.465
1.12410208
$14,276
Lake Forest (31.32% in SDR)
24,022
5.260
3.612339217
$45,877
Mission Viejo
96,600
17.427
13.45055257
5170,822
Rancho Santa Margarita"
48,350
13.080
7.990217078
$101,476
San Clemente
52,500
17.697
9.684824286
$122,997
San Juan Capistrano
34,600
14.054
7.072580193
589,827
County of Orange (51.85% in SDR)
60,993
45.030
18.31585436
$232,611
OCFCD
0
0.000
10
$127,000
TOTALS
516,903
155.874
100
51,270,000
• Source: State of California, Departmen of Finance, E-1 City/County Population Estimates with Annual Percent Change,
January 1, 2000 and 2001, Sacramento, Califomia, May 2001.
" Source: Public Facilities and Resources Department - Geomatics. Area was calculated in
miles using the dry land area figures and subtracting areas in each jurisdiction for national forests, state parks, airports,
landfills and military installations as determined in the NPDES stormwater Implementation Agreement.
' " Source: County of Orange will cover the program costs until the cities are added onto the Implementation Agreement.
•
•
C-35p-
Agreement D02-048
AMENDMENT AND RESTATEMENT OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORMWATER PERMIT IMPLEMENTATION AGREEMENT
This AGREEMENT, for purposes of identification numbered D02-048, entered into
this 025EL day of
2002, by the County of Orange, (herein called
the COUNTY), the Orange County Flood Control District (herein called DISTRICT) and the
cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point,
Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach,
Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Habra, La Palma, Los
Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San
Clemente,San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park,
Westminster, and Yorba Linda (herein called CITIES) restates the agreement provisions
made previously by the COUNTY, DISTRICT and CITIES with respect to compliance with the
National Pollutant Discharge Elimination System (NPDES) municipal stormwater permits
issued for Orange County and amends specified provisions to add three additional
cities, revises participant share calculations and allows participant share
calculations on a countywide and regional basis. The COUNTY, DISTRICT and CITIES may
be referred to collectively as PERMITTEES or individually as a PERMITTEE in this
AGREEMENT.
RECITALS
WHEREAS, Congress in 1987 through the Water Quality Act (herein called WQA)
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
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Agreement D02-048
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 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
WHEREAS, the COUNTY, the DISTRICT and the CITIES 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)(collectively, the RWQCBs) for
administration of the NPDES stormwater permit application process within the
boundaries of their Regions; and
WHEREAS, the COUNTY, DISTRICT and CITIES have been designated as PERMITTEES by
the RWQCBs; and
WHEREAS, the COUNTY has been designated as the Principal PERMITTEE on the
permits; and
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WHEREAS, cooperation between the CITIES, the COUNTY and the DISTRICT to jointly
file applications for NPDES Stormwater permits and implement common programs, to the
extent feasible, 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
WHEREAS, the PERMITTEES approved a Stormwater Permit Implementation Agreement to
memorialize program cooperation based on the above recitals on December 18, 1990 which
was subsequently amended on October 26, 1993 by Amendment No. 1 (the December 18, 1990
Agreement as Amended by Amendment No. 1 will be referred to collectively hereinafter
as the ORIGINAL AGREEMENT); and
WHEREAS, Section X of the ORIGINAL AGREEMENT provided that the ORIGINAL
AGREEMENT may be amended by consent of a majority of the PERMITTEES which represent a
majority of the percentage contributions as described in Section IV of the ORIGINAL
AGREEMENT; and
WHEREAS, Section VI of the ORIGINAL AGREEMENT states that any city which becomes
signatory to this ORIGINAL AGREEMENT after the applications for the initial NPDES
stormwater permits have been approved shall comply with all of the provisions of the
ORIGINAL AGREEMENT; and,
WHEREAS, pursuant to Sections VI and X of the ORIGINAL AGREEMENT, the PERMITTEES
approved Amendment No. 1 to the ORIGINAL AGREEMENT (herein called AMENDMENT NO. 1) on
October 26, 1993 to add two newly incorporated cities, provide participantshare
calculations based on thirty-three PERMITTEES and establish a Technical Advisory
Committee; and
WHEREAS, the PERMITTEES now desire to restate those provisions in the ORIGINAL
AGREEMENT that remain unchanged and amend specified provisions to add three additional
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5-31-02 Final
• •
Agreement D02-048
cities, revise participant share calculations and allow participant share calculations
on a countywide and regional basis.
NOW THEREFORE: The PERMITTEES hereto do mutually agree to add the cities of
Aliso Viejo, Laguna Woods and Rancho Santa Margarita as PERMITTEES under this
AGREEMENT, to restate those provisions in the ORIGINAL AGREEMENT that remain unchanged
and amend Sections II, III.A., III.B., III.C., IV, VIII, IX, XI and XV in their
entirety as follows:
I. FILING STATUS
The COUNTY, DISTRICT and CITIES will file the applications for stormwater
permits as PERMITTEES. The COUNTY, the DISTRICT and each individual City
will be a PERMITTEE.
II. INCORPORATION OF FEDERAL GUIDELINES
The terms of all applicable Federal and State water quality regulations
and guidelines under the clean water Act and Water Quality Act, 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 AGREEEMENT.
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:
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 and work plan for
the forthcoming year. Criteria for approval shall be
4 531.02 Final
• •
Agreement D02-048
affirmative responses from a majority of the PERMITTEES
which represent a majority of the percentage
contribution as described in Section IV. The COUNTY and
the DISTRICT will represent one voting 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 January 1 to January 31 of
each year with approval of the final budget to be
completed by February 15.
b. The annual operating budget shall not be exceeded
without prior consent of the majority of the PERMITTEES
which represent a majority of the percentage
contribution.
2. consulting with the city managers and any committees
established by the city managers when preparing budgets and
major program elements.
3. Preparing compliance reports to the Regional Board and
providing copies to the PERMITTEES.
4. Preparing a model system -wide Best Management Practices (BMP)
Program report.
5. 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 RWQCBs will be prepared presenting the results of these
evaluations.
6. The COUNTY as Principal PERMITTEE may retain the services of
professional consultants and may fund, or contribute to
5 531-02 Final
Agreement D02-048
funding technical and/or economic studies conducted by
professional organizations such as the American Public Works
Association
B. The DISTRICT shall, to the maximum extent practicable, and on a
cost -shared basis except as set forth in subparagraph 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 Quality Ordinance.
3. Develop uniform criteria for annual 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 stormwater 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
6
5-31-02 Final
Agreement D02-048
b. Identification of areas where hazardous materials
presently are or are suspected to have been stored,
manufactured, or disposed. 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 to
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 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.
E. The 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. The COMMITTEE shall prepare by-laws for the
Technical Advisory Committee and submit same to PERMITTEES for
approval. The COMMITTEE will act in an advisory role to the
7
5-31-02 Final
Agreement D02-048
PERMITTEES and implement policy previously established by the
PERMITTEES.
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 COUNTY, DISTRICT, and CITIES
as follows:
Participants Percentage Contribution
DISTRICT 10
CITIES + COUNTY 90
The individual percentage contributions from each city and the COUNTY
shall be functions of their respective areas and population relative to
those of the entire County. Each area shall be calculated as one half of
the sum of the area and population fractions, multiplied by 90%. Excluded
are national forests, state parks, airports, landfills, oceans, harbors,
tidal bays and military installations (Exhibit A-1). The contribution of
the COUNTY shall be calculated from unincorporated areas and their
respective populations.
Share in percent for City #1 = { (Xi/Xeot) + (Y1/Yeoc) }/2 x (90)
X = area
Y = population
tot = total population or area
90 = total percentage excluding Flood Control District contribution
8
5-31-02 Final
Agreement D02-049
The percentage share shall be calculated by the COUNTY Public Facilities
and Resources Department Environmental Resources Section from population
and area data. These calculations shall be completed by January 1 of each
year and shall be included in the annual budget proposal. The annual
budget proposal shall be recomputed for the thirty-six PERMITTEES based on
the following percentage share computation methods:
A. Countywide costs as provided in Exhibit B-1.
B. Regional costs specific to only one RWQCB permit as provided in
Exhibits B-2A and B-2B.
C. In the event of a regulatory directive issued to PERMITTEES, the COUNTY
shall provide immediate notice to the affected PERMITTEES and meet and
confer with them with respect to responding to the directive and
funding the immediate response.
Amended calculations and computation method for fiscal year 2002-03 are
provided in Exhibits B-1, B-2A and B-2B, which are made a part hereof.
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, following the approval process described in Section
III.A.1.b. above. 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
9 5-31.02 Final
Agreement D02-048
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.
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 city's 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.
10
531-02 Final
Agreement D02-048
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 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
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
PERMITTEES within 10 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
11 5-31-02 Final
Agreement D02-048
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 PERMITTEE 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 and the Federal Clean Water Act. Common penalties shall be calculated
according to the formula outlined in Section IV.
IX. LEGAL ACTION/ COSTS/ 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 litigation and collection expenses, administrative costs,
witness fees and court costs including reasonable attorneys fees.
X. AMENDMENTS TO THE AGREEMENT
This AGREEMENT may be amended by consent of a majority of the PERMITTEES
which represent a majority of the percentage contributions as described in
Section IV. The COUNTY and the DISTRICT will represent one voting
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 PERMITTEES.
XI. AUTHORIZED SIGNATORIES
The County Director of the Public Facilities and Resources Department and
the respective City Managers, shall be authorized to execute the
application(s) for NPDES municipal stormwater permit(s) and take all other
12
5-31-02 Final
Agreement D02-046
procedural steps necessary to file the application(s) for NPDES municipal
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 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
PERMITTEE to have waived or consented. Any consent by any 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 restates and amends the provisions in prior agreements and
constitutes the entire AGREEMENT between the 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 counterparts and the signed counterparts
shall constitute a single instrument.
13
531-02 Final
Landfills
olinda
Santiago
Prima Descheca
Bee Canyon
Coyote Canyon
State Parks
EXHIBIT A - 1
LAND AREA DEDUCTED FROM JURISDICTIONS
Area sq miles
Alamitos State Beach
Balsa Chica State Beach
Chino Hills State Park
Corona Del Mar State Beach
Crystal Cove State Park
Doheney State Beach
Huntington State Beach
San Clemente State Beach
Airports
Fullerton
John Wayne
Military facilities
MCAS Tustin
MCAS El Toro
Los Alamitos Armed Svs. Center
Seal Beach Weapons Station
National Forests
0.89
0.25
2.34
1.13
1.09
0.002
0.27
4.09
0.05
6.30
0.40
0.20
0.18
0.11
0.78
2.40
6.25
2.07
2.17
Cleveland National Forest 86.75
Jurisdiction
County
County
County
County
County
Seal Beach
Huntington Beach
County
Newport Beach
County
Dana Point
Huntington Beach
San Clemente
Fullerton
County
Tustin
County
Los Alamitos
Seal Beach
County
49
EXHIBIT B -1
Cost Sharing For Region Specific Elements
NPDES Permittee Shares of Revenue
Fiscal Year 200212003
Perminee
Population •
Area (sq. mi.)'•
Weighted Average
Share of Revenue (%)
Budget Share
FY 2002-2003
Aliso Viejo*"
40,166
7.15
1.168548686
$70,114
Anaheim
336,300
49.761
9.005630974
$540,344
Brea
36,100
10.954
1.399038534
$83,943
Buena Park
80,100
10.064
2.007224432
$120.435
Costa Mesa
110,900
15.480
2.898146677
5173,891
Cypress
47,150
6.925
1.258634332
$75,519
Dana Point
35,600
6.440
1.046705013
$62,803
Fountain Valley
55,900
9.553
1.595652357
$95,740
Fullerton
129,200
22.536
3.723143526
$223,391
Garden Grove
169,200
17.900
3.981247954
$238,877
Huntington Beach
193,700
27.283
5.080856025
$304,855
Irvine
150,100
46.148
5.1363460245
$351,811
La Habra
60,800
7.313
1.498466857
$89,909
La Palma
15,700
2014
0.396615551
$23,797
Laguna Beach
24,150
7.820
0.973824935
$58,430
Laguna Hills
33,900
6.626
1.031809811
$61,909
Laguna Niguel
63,200
15.003
2.127750971
3127,666
Laguna Woods••'
16,750
3.050
0.492569562
$29.554
Lake Forest
76,700
16.795
2.473428382
$148,407
Los Alamitos
11,750
4.256
0.508566827
$30,514
Mission Viejo
96,600
17.427
2.828164924
$169.693
Newport Beach
72,000
27.740
3.244247595
$194,657
Orange
132,800
23.329
3 839599305
$230,378
1.240962586
Placentia
47,600
6.606
574,46'0
Rancho Santa Margarita*"
48,350
13.080
1.751218729
$105,074
San Clemente
52,500
17.697
2.170701556
$130,243
San Juan Capistrano
34,600
14.054
1.614764803
$96,887
Santa Ana
3413,100
27.349
7.460695499
$447,646
Seal Beach
24,500
10.660
1.197977061
$71,879
Stanton
38,300
3.131
0.830259739
$49,816
Tustin
69,200
10.992
1.911061605
$114,665
Villa Park
6,125
2.088
0.255047196
$15,303
Westminster
89,900
10.190
2.167659672
$130,061
Yorba Linda
60,000
19.918
2.45714216
$147,430
County of Orange
117,634
86.846
8.499136117
$509,953
OCFCD
0
0.000
10
$600,006
TOTALS
2,925,775
584.178
100.00000
96,000,063
• Source: State of California, Department of Finance, E-1 City/County Population Estimates with Annual
Percent Change January 1, 2000 and 2001, Sacramento, California, May 2001.
•• Source: Public Facilities and Resources Department - Geomatics. Area was calculated in
miles using the dry land area figures and subtracting areas in each jurisdiction for national forests, state
parks, airports. landfills and military installations as determined in the NPDES Implementation Agreement.
••• Source: County of Orange will cover the program costs until the cities are added onto the Implementation
Agreement.
EXHIBIT B - 2A
Santa Ana Region Water Quality Monitoring Element Cost Sharing
NPDES Perrnittee Shares of Revenue
Fiscal Year 20O2/2003
Permittee
Population •
Area (sq. mi.)"
Weighted Average
Share of Revenue (%)
Budget Share
FY 2002.2003
Anaheim
336,300
49.761
11.50900704
$81,714
Brea
36,100
10.954
1.825103021
$12,958
Buena Park
80,100
10.064
2.553351287
618.129
Costa Mesa
110,900
15.480
3.69761647
526,253
Cypress
47,150
6.925
1.608166545 '
611,418
Fountain Valley
55,900
9.553
2.047696569
514,539
Fullerton
129,200
22.536
4.780735697
$33,943
Garden Grove
169,200
17.900
5.040702925
$35,789
Huntington Beach
193,700
27.283
6.484102882
546,037
Irvine
150,100
48.148
7.651879999
.$54,328
La Habra
60,800
7.313
1.903863349
$13,517
La Palma
15,700
2.014
0.504819924
$3,584
Laguna Hills (17.77% in SAR)
6,024
1.177
0.236215028
$1,677
Laguna Woods— (51.97% in SAR)
8,705
1.585
0.329114592
$2,337
Lake Forest (68.68% in SAR)
52,676
11.535
2.195733065
$15,590
Los Alamitos
11,750
4.256
0.666605749
$4,733
Newport Beach
72,000
27.740
4.259213593
$30,240
Orange
132,800
23.329
4.931287387
$35,012
Placentia
47,600
6.606
1 SrliOG4Ki7
$11,240
Santa Ana
348,100
27.349
9.374656128
$66,560
Seal Beach
24,500
10.660
1.577568779
$11,201
Stanton
38,300
3.131
1.044262359
$7,414
Tustin
69,200
10.992
2.447280658
$17,376
Villa Park
6,125
2.088
0.333769321
$2,370
Westminster
89,900
10.190
2.749617183
$19,522
Yorba Linda
60,000
19.918
3.213274703
$22,814
County of Orange (48.15% in SAR)
56,641
41.816
5.451300812
$38,704
OCFCD
0
0.000
10
$71,000
TOTALS
2,409,472
428.304
100.00000
3710,000
• Source: State of California, Department of Finance, E-1 City/County Population Estimates with Annual Percent Change,
January 1, 2000 and 2001 , Sacramento, California, May 2001.
•' Source: Public Facilities and Resources Department - Geomatics. Area was calculated in
miles using the dry land area figures and subtracting areas in each jurisdiction for national forests, state parks, airports,
landfills and military installations as determined in the NPDES stormwater Implementation Agreement.
Source: County of Orange will cover the program costs until the cities are added onto the Implementation Agreement.
EXHIBIT B - 2B
San Diego Region Water Quality Monitoring Element Costs Sharing
NPDES Permittee Shares of Revenue
Fiscal Year 2OO2/2003
Permlttee
Population •
Area (sq. mi.)"
Weighted Average
Share of Revenue (%)
Budget Share
FY 2002-2003
Aliso Viejo"'
40,166
7.15
5.564958394
$70,675
Dana Paint
35.800
6.440
4.979452958
$63,239
Laguna Beach
24,150
7.820
4.362458062
$55,403
Laguna Hills (82.23% in SDR)
27,876
5.449
4.002585974
$50,833
Laguna Niguel
63,200
15.003
9.839674834
$124,964
Laguna Woods""' (48.03% in SDR)
8,045
1.465
1.12410208
$14,276
Lake Forest (31.32% in SDR)
24 022
5.260
3.612339217
$45,877
Mission Viejo
96,600
17.427
13.45055257
$170,822
Rancho Santa Margarita'
48,350
13.080
7.990217078
$101,476
San Clemente
52,500
17.697
9.684824286
$122,997
San Juan Capistrano
34,600
14.054
7.072980193
$89,827
County of Orange (51.85% in SDR)
60,993
45.030
18.31585436
$232,611
OCFCD
0
0.000
10
$127,000
TOTALS
516,303
155.874
100
51,270,000
• Source: State of California, Departmen of Finance, E-1 City/County Population Estimates with Annual Percent Change,
January 1, 2000 and 2001, Sacramento, California, May 2001.
" Source: Public Facilities and Resources Department - Geomatics. Area was calculated in
miles using the dry land area figures and subtracting areas in each jurisdiction for national forests, state parks, airports,
landfills and military installations as determined in the NPDES stormwater Implementation Agreement.
'•" Source: County of Orange will cover the program costs until the cities are added onto the Implementation Agreement.
a
Agreement D02-048
CITY OF NEWPORT BEACH
Date:
(el 2.5
, 2002
ATTEST: APPR'' D AS TO FORM:
City Clerk
ty Attorney
36
5-31-02 Final