609-Joint Control of Pollutants ~ INTERLOCAL AGREEMENT ~
AND S ATION
WITHIN SEMINOLE COUNTY
THIS INTErLOCAL AGREEMENT is made and entered into this ~/~3
day of ,~l~oi , 1996, by and between the CITY OF
PRING a F
ALTAMONTE S S da municipal corporation, whose address
is 225 Newburyport Avenue, Altamonte Springs, Florida 32701; the
CITY OFCASSELBERRY, a Florida municipal corporation, whose address
is 95 Triplet Lake Drive, Casselberry, Florida 32707; the CITY OF
LAKE MARY, a Florida municipal corporation, whose mailing address
is Post Office Box 950700, Lake Mary, Florida 32795-0700; the CITY
OF LONGWOOD, a Florida municipal corporation, whose address is 175~
West Warren, Longwood, Florida 32750; the CITY OF OVIEDO, a Florida
municipal corporation, whose address is 400 Alexandria Boulevard,
Oviedo, Florida 32765-0159; the CITY OF SANFORD, a Florida
Municipal Corporation, whose mailing address is Post Office Box
1788, Sanford, Florida 32772-1788; the CITY OF WINTER SPRINGS,
whose address is 1126 East State Road 434, Winter Springs, Florida
32708, hereinafter referred to as "CITIES" or "CITY;" SEMINOLE
COUNTY~'a political subdivision of the State of Florida, whose
address is Seminole County Services .Building, 1101 East First
Street, Sanford,~ FlOrida 32771, hereinafter referred to as
"COUNTY;" and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, whose address is 719 South Woodland
Boulevard, DeLand, Florida 32720, hereinafter referred to as the
"DEPARTMENT."
CERTIFIED COPY
MARYANNE MORSE
CLERKOFC/RCidiT COURT
SEM OLE COUNTy, FLORIDA
DEPU~CLERK
WZTNESSETH~
WHEREAS, the CITIES, DEPARTMENT and CO~TY desire to protect
and promote the public health, safety an'd general welfare through
the management of'Stormwater runoff; and
W~ERE~S~.the~CI~IES., DEPARTMENT and COUNTY desire to maintain
and assist in the improvement of water quality and preserve and
enhance the environmental quality of streams and receiving waters;
and
MEREAS, pursuant to Section 402 ~p) [2), Federal Clean Water
Act, certain political entities are required to implement storm-
water management programs within certain time frames; and
WHEREASt pursuant to the Clean Water Act's requirements, the
United States Environmental Protection Agency (USEPA) has developed
regulations under the National Pollutant Discharge Elimination
System (NPDES) permit program published as Part 40, Code of Federal
Regulations [C.F.R.J, Section 122.26, on November 16, 1990, 55 FR
47990; and
WItEREASt Part 40 C.F.R., Section I22.26[aj(I), requires that
stormwater permits be obtained for large and medium municipal
separate.stO~rm sewer systems, as determined from the 1990 census,
and Ap~ndix-~ to Part 40 C.F.R., Section 122, designates the
COUNTY as a medium municipal separate storm sewer system; and
WHEREAS# the USEPA, Region IV, notified the COUNTY by letter
dated December 16, 1993, that the CITIES are designated as part of
the COUNTY municipal separate storm sewer system for the purposes
of NPDES permitting; and
2
WHEREAS, Part 40 C.F.R., Section 122.26(d)(z)(i)(D), requires
control/ through interagency agreement,__of the contribution of
~ollutants from o~e.p~[t;ion of the municipal system to another
portion of the ~unicipal system; and
WHEREAS, the CITIES, DEPARTMENT and COUNTY are accountable for
their separate storm sewers which outfall to another CITY's, the
COUNTY's or the DEPARTMENT's separate storm sewer systems or to
Waters of the United States; and
WHEREAS, the CITIES, DEPARTMENT and COUNTY have approved the
concept of intergovernmental cooperation to effectively manage and
control discharge into separate storm sewer systems; and
WHEREAS, it is the mutual desire of the CITIES, DEPARTMENT,-
and COUNTY to establish relationships and responsibilities for
controlling discharges to separate storm sewer systems as set forth
in Part 40 C.F.R., Section 122.26.
NOW, THEREFORE, in consideration of the mutual covenants,
agreements and promises contained herein, and other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
Se.~'.~c~ion 1. Purpose. The purpose of this Agreement is to set
forth the relationship of the CITIES, DEPARTMENT and COUNTY with
respect to the gener~i responsibilities of the CITIES, DEPARTMENT
and COUNTY in controlling the contribution of pollutants from one
identified CITY, DEPARTMENT, Or COUNTY separate storm sewer system
to another identified CITY, DEPARTMENT, or COUNTY separate storm
sewer system.
3
Section 2. Gene=al Responsibilities. The CITIES, DEPARTMENT
and COUNTY, as co-applicants, recogni~ that unless otherwise
established through.a..!separate agreement, each co-applicant is
responsible fo~ the discharges from withi~ its own boundarieS. The
CITIES, DEPARTMENT and COUNTY shall be independently responsible
for controlling the contribution of pollutants from their respec-
tive separate storm sewer system to another CITY, DEPARTMENT or
COUNTY separate storm sewer system in compliance with Part 40,
C.F.R., Section 122.26. Nothing heroin shall be construed as
preventing a party from pursuing further action against any entity
responsible for specific acts or omissions which contributed
pollutants to the party's storm sewer system.
Section 3. Copies. Upon final execution of this Amended
Agreement, two (2) copies shall be provided to each party heroin.
Section 4. Permit Implementation. Unless otherwise estab-
lished through a separate agreement, each party shall be solely
responsible for implementation of the NPDES permit conditions
within the boundaries of its respective jurisdiction. The
representative from each CITY, the DEPARTMENT and the COUNTY shall
be resp~sible for assuring the acceptability of NPDES permit terms
of the representative's jurisdiction. The CITIES, DEPARTMENT and
COUNTY recognize that~ an implementation schedule will be included
in the Part 2 application. It is the intent of this Agreement that
the CITIES, DEPARTMENT and COUNTY agree, subject to budgetary
constraints and other financial considerations, to complete
4
implementation according to the application schedule as approved by
the USEPA.
Section 5. Le~a.~.! Authority. The CITIES and COUNTY shall
consider, and if the CITIES and COUNTY determine tha~ such action
is in the best interest of the CITIES or COUNTY, adopt, modify or
amend any ordinances, resolutions, rules, regulations or policies
which will tend to enforce the content of this Agreement all in
accordance with Part 40 C.F.R., Section 122.26. The parties hereto
recognize that the DEPARTMENT cannot legally bind the State of
Florida to take legislative action pursuant to this Agreement.
Section 6. Budget. The co-applicants hereto recognize that
under their respective legal powers they are unable to obligate.
themselves legally to expend funds in excess of one (1) budget
year; however, the co-applicants hereby bind themselves to complete
this Agreement as they may be able to in accordance with the laws
of the State of Florida, and agree to appropriate funds subject to
budgetary constraints and other financial considerations.
Section 7. Notices. All notices provided for herein shall be
in writing and mailed by registered or certified mail, or hand
delivered tj the addresses shown below, which addresses may be
changed upon proper written notice to the others as provided below:
ALTAMONTE " CASSELBERRY
City Engineer City Engineer
225 Newburyport Avenue 95 Triplet Lake Drive
Altamonte Springs, FL 32701 Casselberry, FL 32707
(407) 830-3857 (407) 263-3912
5
LAKE MARY WINTER SPRINGS
Director of Public Works Director of Utilities
Post Office Box 950700 1126 Bast State Road 434
~Lake Mary, FL 32795-0700 ~ Winter Springs, FL 32708
(407) 324-3000 ..... (407) 327-1800
LONGWOOD ............... CO~
City Engineer Charles E. Ball, III, P.E.
175 West Warren Avenue Stormwater Programs Manager
Longwood, FL 32750 Public Works/Road Operations
(407) 263-2383 520 W. Lake Mary Blvd.
Suite 200
OVIEDO Sanford, FL 32773
(407) 323-2500 Ext. 5709
City Engineer
400 Alexandria Boulevard DEPARTMENT
Oviedo, FL 32765
(407) 977-6029 James Basserr
Environmental Permit Engineer
SANFORD State of Florida Department of
Transportation
City Engineer 719 South Woodland Boulevard
Post Office Box 1788 Deland, FL 32720
Sanford, FL 32772-1788
(407) 330-5600
Section 8. Severability. If any part of this Agreement is
found invalid or unenforceable by any Court, such invalidity or
unenforceability shall not affect the other parts of this Agreement
if the rights and obligations of the parties contained herein are
not materially prejudiced and if the intentions of the parties can
continue'to be effected. To that end, this Agreement is declared
severable.
Section 9. EffeCt. No additions, alterations or variations
of this Agreement shall be valid, nor can provisions of this
Agreement be waived by any party unless such additions, alter-
ations, variations or waiver are expressly set forth in writing and
duly signed by the parties. This Agreement shall be governed by
6
the laws of the State of Florida, and it shall become effective
immediately upon execution by the partie~ hereto.
Section 10. Assignment. This Agreement shall be binding on
t~e parties hebeunder and their representatives and successors.
The parties shall not assign this Agreement or the rights and
obligations hereunder to any other parties without the prior
written consent of the other parties hereto.
Section 11. Annexation Laws. Notwithstanding anything to the
contrarycontained herein, this Agreement shall not be construed or
interpreted to contract away the rights and authority of the CITIES
pursuant to the Municipal Annexation and Contraction Act, Chapter
171, Florida Statutes, as amended from time to time, nor shall.
anything herein be construed to contract away the COUNTY'S right to
challenge any annexation in accordance with the laws of the State
of Florida.
Section 12. Public Records Law. Each party acknowledges its
obligations under Chapter 119, Florida Statutes, to release public
records to members of the public upon request. Each party
acknowledges it is required to comply with Chapter 119, Florida
Statutq].sj in the handling of the materials created under this
Agreement and that the statute controls over the terms of this
Agreement.
Section 13. Effective Date Term. This Agreement shall become
effective upon full execution by the parties hereto. Unless
otherwise terminated by agreement of the parties, this Agreement
shall remain in effect for all perpetuity.
7
IN WITNESS WHEREOF, the lawful representative of the parties
hereto' nave executed and affixed their, official seals to this
Agreement for thepu/~oses .herein expressed on the date and year
first above written.
ATTEST: 0 ALTAMONTE~P~
PAT W~IGHT, ~ B
lerk , Mayor
Date:
ATTEST: CITY OF CASSELBERRY
THELMAMcPHERSON, City Clerk BRUCE PRONOVOST, Mayor
Date=
ATTEST: CITY OF LAKE M3~RY
CAROL A. FOSTER, City Clerk LOW~E. ROCKETT, Mayor
Date=
ATTE$2: CITY OF LONGWOOD
~PALDI~ D.'__~.~BRI, City Clerk WILLIAM WINSTON, Mayor
ATTEST: CITY OF OVIEDO
C! · , .
Date:
ATTEST: CITY OF SANFORD
S~ O~ ~LOII~I
~~ ~0~ ~S~OI~I~IO~
FISC~
BOE OF CO~ CO~ISSIO~RS
ATTEST: S~INOLE CO~Y, FLORIDA
"'~ ~ DiCK V~ DE~ Chairman
tl~e Board of
seminol~ counEy, Florida.
For the use and reliance As authorized for execution by
legal sufficiency. 19~ re~lar me .
PLdRIDA" "?~ ~ DEPARTMENT OF TRANSPORTATION
T'jZ
719 South Woodland~ Boulevar~
DeLand, Florida 32720
January 12, 1996
MEMORANDUM
TO: Secretary Ben G. Watts
PROM: ~ancy M. Houston
COPIES: Nick Serianni, Frank Carlile, Tom Barry,
District Secretaries, D-5 Department Heads
RE: Delegation of Authority
Anytime during my absence from the District, I hereby delegate
authority to sign correspondence and execute documents that require
my signature to R. A. Layette, Director of Operations or in his
absence R. H. Corte!you, Director of Production or in his absence
Carolyn H. Zeller, Director of Planning and Public Transportation
or in her absence Rise' Kirkland, Director of Administration. This
authority is effective immediately and will stay in effect until
modified or rescinded by me. Any previous delegations are hereby
rescinded and replaced by this document.
NMPh lb
RECEIVED
Apr~ 25, 1996
CiTY OF SANFORD
,Mr. Bill Simmons, P.E.
City Manager
City of Sanford
P. O. Box 1788
Sanford, FL 32722-1788
NPDF. S STORMWATER PERMIT APPLICATION
PART 2 LEGAL AUTHORITY
Please find attached a revised lnte~ocal Agreement Providing Joint Control of Pollutants between
Municipalities and FDO T win Unincorporated Sc-rainole County. I need any changes or comments
back to me by May 1, 1996. If I do not hear from you by that date, I will procoed wilh the Interlocal
Agr~raent as planned.
If you have any qucslion, pl~as~ giv~ mca call at (407) 323-2500, ~xt~nsion 5668. Thank you for
your assistance in this matter.
Sincerely,
Stormwater Chief Engiu~r
MF/ml
Attachment
cc: Scoff McClelland, P.E., CDM
ITIEM
STENSTROM, MclNTOSH, COLBERT, WHIGHAM & SIMMONS. P.A.
April 30, 1996
Bill Simmons, City Manager
CITY OF SANFORD
300 N. Park Avenue
Sanford, FL 32771
Re: NPDES Agreement
Dear Mr. Simmons:
Pursuant to your request, we have reviewed the revised NPDES Stormwater Permit Application,
Part 2 Legal Authority. This Agreement is in an acceptable legal format and when executed by
the appropriate parties will be enforceable in accordance with its terms.
If you should have any questions or if I may be of further assistance, please advise.
Sincerely,
STENSTROM, MclNTOSH, COLBERT,
WHIGHAM & SIMMONS, P.A.
William L. Colbert
/lw