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53 (RWQCB, SAR) for administration of the NPDES Storm Water permit application process
54 within the boundaries of their Regions; and
55
56 Whereas
57 The RWQCB, SAR issued NPDES Permit Number 8000200 on October 19, 1990 for
58 the regulation of stormwaters; and
59
60 Whereas
61 The DISTRICT, COUNTY, and CITIES have been designated as co-permittees by the
62 RWQCB, SAR; and
63
64 Whereas
65 The DISTRICT has been designated as the Principle Permittee in the NPDES Permit;
66 and
67
68 Whereas
69 The COUNTY and the CITIES have been designated as the Co-Permittees in the NPDES
70 Permit; and
71
72 Whereas
73 Cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly file
74 applications for NPDES Storm Water Permits is in the best interest of the CITIES, the
75 COUNTY, and the DISTRICT; and
76
77 NOW TE[EREFORE, the parties hereto do mutually agree as follows:
78
79 I. Filing Status. The COUNTY, DISTRICT, and CITIES will file the applications for
80 storm water permits as co-permittees. The COUNTY, the DISTRICT, and each
81 individual CITY will be a co-permittee.
82
83 H. ID99490fuz of E&W &gULIfios. The terms of all applicable Federal and State
84 guidelines, as presently written or as changed during the life of this AGREEMENT are
85 hereby incorporated by reference and made a part of this AGREEMENT and take
86 precedence over any inconsistent terms of this AGREEMENT.
87
88 Ill. Delegation of Responsibilities. The responsibilities of each of the parties shall be as
89 follows:
90
91 A. The DISTRICT, on a cost-shared basis, shall administer system
92 compliance by:
93
94 1. Preparing and implementing an annual operating budget with the
95 participation of the co-permittees. The budget year shall coincide
96 with the fiscal year of the DISTRICT, July 1 - June 30.
97
98 a. The co-permittees shall be permitted to review and approve
99 the annual operating budget for the forthcoming year.
100 Criteria forapproval shall be an affirmative response from
)f d
101 a majority o the co-permittees. The review period shall
102 be from November 1 to November 30 of each year with
103 approval of the final budget to be completed by December
104 15.
2
105 2. Preparing compliance reports to the Regional Board and providing
106 copies to the co-permittees.
107
108 3. Preparing a draft system-wide Best Management Practices (BMP)
109 Program report for review and approval by the co-permittees.
110
ill 4. Monitoring the implementation and ensuring the effectiveness of
112 system-wide BMPs. This will include field reconnaissance to
113 evaluate structural and procedural BMPs.
114
115 5. Preparing an annual report to the RWQCB, SAR presenting the
116 results of these evaluations.
117
118 B. The DISTRICT shall, to the maximum extent practicable and on a cost-
119 shared basis except in paragraph 3 below:
120
121 1 Perform the water quality and hydrographic monitoring for permit
122 compliance.
123
124 2. Develop uniform criteria for annual inspection of drainage
125 facilities.
126
127 3. Perform inspections, at no cost to the CITIES or the COUNTY,
128 on those facilities owned by the DISTRICT. Contract, for such
129 inspections within the CITIES or COUNTY may be undertaken
130 at the sole expense of.the requesting CITY or COUNTY.
131
132 C. The CITIES shall, to the maximum extent practicable and at no cost to
133 COUNTY or DISTRICT:
134
135 1 Implement a facility inspection program in accordance with the
136 uniform criteria developed by the DISTRICT, for all municipal
137 separate storm sewers as defined by the NPDES permit and within
138 the jurisdictional boundaries of that CITY.
139
140 2. Submit to the DISTRICT on an annual basis, storm drain maps
141 which reflect the modifications that were made to the storm drain
142 system during the past year.
143
144 3. Prepare watershed characterizations, including:
145
146 a. 7zning designations.
147
148 b. Identification of areas where hazardous materials presently
149 are or are suspected to have been stored, manufactured, or
150 disposed of. This shall include sites at which a hazardous
151 material spill has occurred.
152
153 4. Review, approve, and implement system-side BMPs.
154
155 5. Eliminate or have eliminated, illegal/illicit connections to the storm
156 drain system.
3
157 6. Identify the legal authority for control of discharges to the storm
158 drain system.
159
160 7. Provide to the DISTRICT annual reports (on forms prepared by
161 the DISTRICT) and an other information, in a timely fashion,
162 needed to satisfy ann2 reporting requirements of the RWQCCB,
163 SAR.
164
165 8. Adopt and enforce a water pollution control ordinance, which
166 prohibits non-NPDES permitted discharges to the municipal
167 separate storm sewer system.
168
169 D. The COUNTY shall, to the maximum extent practicable and at no cost
170 to the CITIES or the DISTRICT, undertake in the unincorporated areas
171 of the COUNTY, all activities required above of the CITIES that are not
172 responsibilities of the DISTRICT as outlined in Section M.B.
173
174 TY. Program Costs. The responsibilities for payment of all shared costs of equipment,
175 services, contracted analytical services, and the cost of the NPDES Permit, shall be
176 distributed among the DISTRICT, COUNTY, and CITIES as follows:
177
178 Percent Contribution
179
180 DISTRICT 5
181 CITIES + COUNTY 95
182
183 Using the COUNTY's Geographical Information System, the DISTRICT will determine
184 the adjusted acreage for each CITY and the COUNTY from the land use, area, and run-
185 off coefficients as contained in "dix A on an annual basis. National forests, state
186 parks, airports, landfills, and military installations are excluded.
187
188 These calculations shall be completed by November 1 of each year and shall be included
189 in the annual budget proposal.
190
191 The total of shared costs shall not exceed $800,000 for fiscal year 199211993. A deposit
192 which constitutes a share percentage according to Appendix A of the total anticipated
193 first year costs shall be required of each CITY and the COUNTY. The DISTRICT shall
194 invoice each co-permittee on a quarterly basis with the first payment due within 45 days
195 of the date of the invoice.
195
197 If at any time during a subsequent fiscal year the program costs exceed the sum of the
198 deposits, the DISTRICT shall submit invoices to the CITIES and the COUNTY to
199 recover the deficit. The share for each CITY and the COUNTY shall be prorated
200 according to the formula above. Each CITY and the COUNTY shall pay the invoice
201 within 45 days of the billing date.
202
203 The DISTRICT shall prepare a fiscal year end accounting within 60 days of the end of
204 each fiscal year and distribute copies to the co-permittees for their review. Co-
205 permittees shall have forty-five calendar days from the date of their receipt of the fiscal
206 year end accounting to dispute in writing or concur with the findings. If the fiscal year
207 end accounting results in costs exceeding the sum of the deposits (including interest
208 earnings), the DISTRICT shall invoice each CITY and the COUNTY for its prorated
4
WAS rf)a I
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Art WA Aft,
261 AGREEMENT at the end of any fiscal year with written notice being received by the
262 DISTRICT 90 days prior to the end of the fiscal year. The withdraw ar ttee
263 agree to file fora to NPDES permit and to comply wY1 of the
264 requirements established by the RWQCB, SAR. The withdrawing co-permittee shall be
265 responsible for all lawfully assessed ties as a consequence of wi"rawal. The cost
266 allocations to the remaining members will be calculated in the following budget year.
267
268 VIII. Htd"tLlowce with HE= Permit Requirements. Any co-permittee found in non-
269 compliance with the conditions of the NPDES t within their jurisdictional
270 responsibilities shall be solely liable for any la y assessed penalties, pursuant to
271 Section 13355 of the Water Code. Penalties that apply to all the permittees shall be
272 according to the formula in Appendix A.
273
274 IX. Legal Action!osWAawn Fees. Where any legal action is necessary to enforce any
275 provision hereof for damages by reason of an alleged breach of any provisions of this
276 AG EEM ENI', the prevailing party shall be entitled to receive from the losing party all
277 attorney's fees and costs incurred in conjunction with such legal action.
278
279 X. Amendments to the A IREEMEM. This AGREEMENT may be amended by consent
280 of a two-thirds majority of the co-permittees (rounded to the nearest whole number).
281 Amendments to this AGREEMENT may be adopted and executed concurrentl , and shall
282 become effective upon its execution by a majority of the co-permittees as Med above.
283
284 XI. Authorized Signatories. Each permittee and co-permittee will determine by either
285 resolution or ordinance who will be the authorized signatory. This person shall be
286 authorized to execute the application(s) for NPDES Stormwater permit(s) and take all
2287 other
88
8 8t(sural steps necessary to file the application(s) for NPDES Stormwater
289
290 XII. Notices. All notices shall be deemed duly given if delivered by hand; or five (5)
291 working days after deposit in the U.S. Mail, certified mail, return receipt requested.
292
293 XIII. Governing Law. This AGREEMENT will be governed and construed in accordance with
294 laws of the State of California. If any provision or provisions of this AGREEMENT
295 shall be held to be invalid, illegal, or unenforceable, the validity, legality, and
296 enforceability of the remaining provisions shall not in any way be affected or impaired
297 hereby.
298
299 XIV. Consent to Breach not Waiver. No term or provision hereof shall be deemed waived
300 and_no breach excused, unless.such waiver or consent shall' be in writing and signed by
301 any permittee to have waived or consented. Any consent by any permittee to, or waiver
302 of, a breach by the other, whether expressed or implied, shall not constitute a consent
303 to, waiver of, or excuse for any other different or subsequent breach.
304
305 XV. Aoplicabiity of Prior Agreements. This document constitutes the entire AGREEMENT
306 between the co-permittees with respect to the subject matter; all prior agreements,
307 representation, statements, negotiations, and undertakings are superseded hereby.
308
6
309 XVI. Ex=fm of the A This AGREEMENT may be ==ted in countmpm
310 and the signed coumterParts shall constitute a single instrument.
312 IN wrrNESS WSF:1?oF, the AGREB 'T has barn ea=ted as of the day and year fust
313 above written.
324
315 PLEASE B67ERT YOUR AGENCY'S STANDARD SIGNATURE PAGE.
CITY of REDWDS
BY
Y.
ATTEST:
City k
April 21, 1992
Date
xf
Appendix A
(continued)
Landuse Formula Runoff
Single Family Designation Coefficient (C)
Residential
2.5
acme lots lu 1 0.594----------
I acre To—ts lu 2 0.we 594
lu 3 0.695
3-4 dw-e1lm-gWa-=— lu 4 0.695
5-7wellings/acre lu 5 .0-695
dweMg-s/acre lu 6 0.766
>I 0 dwellings/acre lu 7 0.766
Multiple Family
Residential
Condominiums lu 8 011766
Xpartments lu 9 0.766
MoGile Home Parks lu 10 0.775
Commercial, 15owntown lu 11 0.820
Business or Industrial
Scbool I lu 12 0.699
Public Park & Agircultural -lu 13 -.-..0.594
17ndeveloped U 1-13 0.547
ference: an Bernardino County Hydrology Manual and A Mfied TU-�rson'landuse
classification(1992)
APPENDIX A
The following formula will be used by the District to determine the share costs as required in the
"National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement,
Santa Ana Region",Section IV.
1. Total Program Costs will be determined by the DISTRICT and allocated to the CITIES
and the COUNTY by the following formula:
I
Agency AA* x (annual cost x 0.95) =Agency's Contribution Total
AA**
AA-Adjusted Acreage
Each agency as listed below
-Total adjusted acreage
AGENCY:
County of San Bernardino
Cities of. Big Bear Lake Chino
Chino Hills Colton
Fontana Grand Ten-ace
Highland 1"na Linda
Montclair Ontario
Rancho Cucamonga Redlands
Rialto San Bernardino
Upland Yucaipa
2. The Agency Adjusted Acreage will be determined by the DISTRICT using the
following formula:
Wlu I -Ulu 1) x Clu 11 + I(Ilu 2 -Ulu 2) x Clu 21 U 1 - 13) x Cl
Adjusted Acreage
I — Improved acreage for each landuse as defined below
U — Unimproved acreage for each landuse,as defined below
lu — landuse as defined in the following table
C — Runoff coefficient as derived from the San Bernardino County Hydrology
Manual