521-Interlocal Agrmnt for NPDES - Storm Sewer Systems INTERLOCAL AGREEMENT PROVIDING JOINT APPLICATION
FOR NPDES PERMIT FOR MUNICIPAL SEPARATE STORM SEWER SYSTEMS
THIS AGREEMENT is made and entered into this day of
, 1994, by and between the CITY OF ALTAMONTE SPRINGS,
a Florida municipal corporation, whose address is 225 Newburyport
Avenue, Altamonte Springs, FL 32701; the CITY OF CASSELBERRY, a
Florida municipal corporation, whose address is 95 Triplet Lake
Drive, Casselberry, Florida 32707; the CITY OF LAKE MARY, a Florida
municipal corporation, whose address is Post Office Box 950700,
Lake Mary, Florida 32795-0700; the CITY OF LONGWOOD, whose address
is 175 West Warren, Longwood, Florida 32750; the CITY OF OVIEDO,
whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765-
0159; the CITY OF SANFORD, a Florida Municipal Corporation whose
address is Post Office Box 1788, Sanford, Florida 32772-1788; and
the CITY OF WINTER SPRINGS, whose address iS 1126 East State Road
434, Winter Springs, Florida 32708, hereinafter referred to as
"CITIES" or "CITY," and SEMINOLE COUNTY, a political subdivision of
the State of Florida, whose address is Seminole County Services
Building, 1101 East First Street, Sanford, Florida 32771, hereinaf-
ter referred to as "COUNTY."
WITNESETH:
WHEREAS, the CITIES and COUNTY desire to protect and promote
the public health, safety and general welfare through the manage-
ment oF stormwater runoff; and
WHEREAS, the CITIES and COUNTY desire to maintain and assist
in the improvement of water quality and to preserve and enhance the
environmental quality of streams and receiving waters; and
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WHEREAS, pursuant to Section 402(p)(2), Federal Clean Water
Act (CWA), certain political entities are required to implement
stormwater management programs within certain'time frames; and
WHEREAS, pursuant to CWA requirements, the United States
Environmental Protection Agency (EPA) has developed regulations
under the National Pollutant Discharge Elimination Systems (NPDES)
permit program published as Part 40, Code of Federal Regulations
(C.F.R.) Section 122.26 on November 16, 1990, 55 FR 47990; and
WHEREAS, Section 122.26(a)(1), C.F.R., provides that storm-
water permits be required for large and medium municipal separate
storm sewer systems, as determined from the 1990 census, and
Appendix I to Section 122, C.F.R., designates the COUNTY as a
medium municipal separate storm sewer system; and
WHEREAS, the EPA, Region IV, notified the COUNTY and CITIES by
letter dated December 16, 1993, that the CITIES are designated as
part of the COUNTY municipal separate storm sewer system fo~ the
purposes of NPDES permitting, a copy of which is attached hereto
and incorporated herein as Exhibit "A;" and
WHEREAS, the EPA, Region IV, recognized the interrelationships
between different municipal separate storm sewers within the
COUNTY, and recommended a cooperative permit application approach
with the COUNTY as lead applicant and the CITIES as co-applicants;
and
WHEREAS, the CITIES and COUNTY have approved the concept of a
cooperative approach as recommended by the EPA; and
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WHEREAS, it is the mutual desire of the CITIES and COUNTY to
establish a relationship and delegate responsibilities for
developing the NPDES permit application as Outlined in Section
122.26, 40 C.F.R.
NOW, THEREFORE, in consideration of the mutual covenants,
agreements and promises contained herein, and other good and
valuable consideration the receipt and sufficiency of which are
hereby acknowledged by the parties, the CITIES AND COUNTY mutually
agree as follows:
Section 1. Recitals. The above recitals are true and correct
and form a material part of this Agreement upon which the parties
have relied.
Section 2. Purpose. The purpose of this Agreement is to set
forth the relationship between the CITIES and COUNTY with respect
to the following:
(a) To define the general responsibilities of the 'lead
applicant and co-applicants in developing the NPDES permit applica-
tion outlined in Section 122.26, 40 C.F.R.
(b) To establish a cost allocation method to ensure equitable
distribution of program costs.
Section 3. General Responsibilities.
(a) The COUNTY shall function as the lead applicant and will
engage a consultant to assist in preparation of Part 1 of the
application for an NPDES permit in accordance with Section 122.26,
40 C.F.R.
(b) The COUNTY shall review and approve the scope of work
submitted by the consultant to complete the application.
(c) The COUNTY shall review and approve the fees submitted by
the consultant to complete the work.
(d) The COUNTY shall administer the consultant's contract.
(e) The COUNTY as lead applicant shall have the following
responsibilities:
(1) The COUNTY shall manage the project.
(2) The COUNTY shall direct and correspond with the
consultant.
(3) The COUNTY or its consultant shall correspond with
the EPA.
(4) The COUNTY or its consultant shall schedule regular
meetings with the co-applicants.
(5) The COUNTY shall involve the co-applicants in the
development of the permit application and copy the cO-appliCants
with correspondence from the EPA.
(f) The CITIES as co-applicants shall:
(1) Submit all project correspondence to COUNTY.
(2) Appoint a representative to attend meetings, review
and comment on consultant submittals and the permit application,
and to receive correspondence from the COUNTY.
(3) Provide the required information to prepare the
CITIES' portion of the application in a timely manner.
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Section 4. cost Allocation.
(a) The CITIES and COUNTY shall share the cost of the permit
application. The cost to the CITIES and COUNTY shall be distribut-
ed based upon the population within each respective jurisdiction.
A distribution of costs expressed in percentage shares is set forth
in Exhibit "B," attached hereto and incorporated herein.
(b) The COUNTY shall forward an invoice and a cost allocation
breakdown to the CITIES. The CITIES shall forward the indicated
share of an invoice to the COUNTY within forty (40) days of
receipt. The COUNTY shall pay the full amount of the consultant's
invoices.
Section 5. Copies. Upon completion of the permit applica-
tion, a copy shall be provided to each CITY and the COUNTY as
provided in Section 12 hereinafter.
Section 6. Co-Applicants' Responsibility. The CITIES, as
co-applicants, recognize that the COUNTY as "lead appli6ant"
carries with it no designated or implied authority over any other
municipality in the COUNTY, whether an application is submitted in
conjunction with the "lead applicant" or separately. Further,
regardless of the number of permits issued, unless otherwise
established through a separate agreement, each co-applicant is
responsible for discharges from within its boundaries.
Section 7. Withdrawal from Participation. A CITY may
withdraw from participation in this Agreement, up to and including
the time of submission of the application to the EPA, if it
determines that it is no longer in its best interest to apply for
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a NPDES permit as a co-applicant with the COUNTY. Such withdrawal
shall be made in writing and signed by the chairman of the
withdrawing party's governing board. If a CIT~ withdraws under the
foregoing procedure it shall remain obligated to pay a pro-rata
share of costs incurred, pursuant to Exhibit "B," during the period
it remained a co-applicant.
Section 8. Permit Implementation. Each CITY shall be solely
responsible for implementation of the permit content within the
boundaries of its respective jurisdiction. The representatives
from the CITIES shall be responsible for assuring the terms of the
application are acceptable. The CITIES and COUNTY recognize that
an implementation schedule may be included in the final permit
application. It is the intent of this Agreement that the CITIES
and COUNTY agree, subject to budgetary constraints and other
financial considerations, to complete implementation of the Part I
application according to the application schedule asapproved by
the EPA. A separate agreement concerning a cooperative implementa-
tion approach may be considered after issuance of the permit or
permits.
Section 9. Adoption of Legal Authority. The CITIES and
COUNTY agree, upon completion of PART 1 of the application, to
consider and, if the CITIES and COUNTY determine that such action
is in the best interest of the CITIES or COUNTY, adopt, modify or
amend any ordinances, resolutions, rules, regulations or policies
necessary to obtain permit approval.
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Section 10. Budget. The parties hereto recognize that under
their respective legal powers they are unable to obligate them-
selves legally to spend funds in excess of 6ne (1) budget year;
however, the parties do hereby bind themselves to complete the term
of this Agreement as they may be able to under the laws of the
State of Florida, and agree to appropriate funds subject to
budgetary constraints and other financial considerations.
Section 11. Indemnity. To the extent allowed by law, each
party agrees to defend, indemnify and save harmless the others,
their boards and commissions, officials, officers, employees, and
agents, from and against all actions, causes, claims, demands,
judgments, payments, recoveries, and suits of any kind, arising out
of or occurring as a result of any act or omission of its officers,
employees, or agents in connection with this Agreement. The
foregoing is not intended as a waiver of the benefits of Section
768.27, Florida Statutes, or any similar law, by either part~
Section 12. Notices. All notices provided for herein shall
be in writing and mailed by registered or certified mail, or hand
delivered to the addresses shown below, which addresses may be
changed by a party upon proper written notice to the others as
provided below:
CITY OF ALTAMONTE
City Engineer
225 Newburyport Avenue
Altamonte Springs, FL 32701
( 07) 30- 85
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Section 13. Term. Unless otherwise extended by agreement of
the parties hereto, this Agreement shall terminate upon submission
of the NPDES Part i permit application which forms its subject
matter.
Section 14. Severability. If any part of this Agreement is
found invalid or unenforceable by any Court, such invalidity or
unenforceability shall not affect the other parts of this Agreement
if the rights and obligations of the parties contained herein are
not materially prejudiced and if the intentions of the parties can
continue to be effected. To that end, this Agreement is declared
severable.
Section 15. Effect. This instrument constitutes the entire
Agreement between the parties and supersedes all previous discus-
sions, understandings and agreements, verbal or written, between
the parties relating to the subject matter of this Agreement. No
additions, alterations or variations of this Agreement shaI1 be
valid, nor can provisions of this Agreement be waived by any party
unless such additions, alterations, variations or waiver are
expressly set forth in writing and duly signed by the parties.
This Agreement shall be governed by the laws of the State of
Florida, and it shall become effective immediately upon execution
by the parties hereto.
Section 16. Assignment. This Agreement shall be binding on
the parties hereunder and their representatives and successors.
The parties shall not assign this Agreement or the rights and
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obligations hereunder to any other parties without the prior
written consent of the other parties hereto.
Section 17. Annexation Laws. Notwithstanding anything to the
contrary contained herein, this Agreement shall not be construed or
interpreted to contract away the rights and authority of the CITIES
pursuant to the Municipal Annexation and Contraction Act, Chapter
171, Florida Statutes, as amended from time to time, nor shall
anything herein be construed to contract away the COUNTY'S right to
challenge any annexation in accordance with the laws of the State
of Florida.
Section 18. Public Records Law. Each party acknowledges its
obligations under Chapter 119, Florida Statutes, to release public
records to members of the public upon request. Each party
acknowledges it is required to comply with Chapter 119, Florida
StatUtes, in the handling of the materials created under this
Agreement and that the statute controls over the terms of 'this
Agreement.
IN WITNESS WHEREOF, the lawful representative of the parties
hereto have executed and affixed their official seals to this
Agreement for the purposes herein expressed on the date and year
first above written.
ATTEST: CITY OF ALTAMONTE SPRINGS
By:
PAT WAINRIGHT, City Clerk J. DUDLEY BATES, Mayor
Date:
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ATTEST: ~CI
THELMA McPHERSON, City Clerk a~/..~~ H~/
A. City Clerk Z R~, Mayor
,qppro~ed by tile ~;:~9 d~mm,'~slon 5-1~-~
..
Date~~~
~~~, City Clerk y
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ATTEST: CITY OF WINTER SPRINGS
By:
MARY T. NORTON, City Clerk JOHN BUSH, Mayor
Date:
BOARD OF COUNTY COMMISSIONERS
ATTEST: SEMINOLE COUNTY, FLORIDA
By:
MARYANNE MORSE DICK VAN DER WEIDE, Chairman
Clerk to the Board of
County Commissioners of Date:
Seminole County, Florida.
For the use and reliance As authorized for execution by
of Seminole County only. the Board of County Commis-
Approved as to form and sioners at their ,
legal sufficiency. 19 , regular meeting.
County Attorney
SED/dre
05/24/94
2 Attachments
Exhibit "A"- Letter from EPA
Exhibit "B"- Distribution of Costs/Joint Permit Application
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EXHIBIT "B"
TO INTERLOCAL AGREEMENT PROVIDING JOINT APPLICATION
FOR NPDES PERMIT FOR MUNICIPAL SEPARATE STORM SEWER SYSTEMS
TABLE 1
SEMINOLE COUNTY STORMWATER NPDES PART I
COST ALLOCATION EASED ON POPULATION
TOTAL: $274,945.00
FDOT and Transportation Authority Allocation $ 29.250.00
Remaining $245,695.00
ENTITY POPULATION % ALLOCATION
Unincorporated county 155,518 50.8 $124,813.00
Altamonte Springs 36,380 11.8 $ 28,992.00
Casselberry 22,227 7.3 $ 17,936.00
Lake Mary 6,426 2.1 $ 5,159.00
Longwood 13,312 4.4 $ 10,811.00
Oviedo 14,538 4.8 $ 11,793.00
Sanford 34,156 11.2 $ 27,518.00
Winter Springs 23,352 7.6 $ 18,673.00
TOTALS 305,872 100.0 $245,695.00