HomeMy WebLinkAboutDocumentation_Regular_Tab 7B_6/6/1991 III"' 'tie,
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leg c ' VILLAGE OF TEQUESTA
;' # 1 i,; Post Office Box 3273 • • 357 Tequesta Drive
v+�,`��9 _.. .Tequesta, Florida 33469-0273 • (407).575-6200
a ti11M� '° :'`; FAX: (407) 575-6203
ale 7c� `001
MEMORANDUM:
TO: Village Council
FROM: Thomas G. Bradford, Village Manager . ,
DATE: May 31, 1991
SUBJECT: Interlocal Agreement with Northern Palm Beach County
Water Control District (NPBCWCD) for National
Pollution Discharge Elimination System (NPDES)
Permit
Please find attached Resolution No. 19-90/91 for your
consideration at the June 6, 1991, Village Council Meeting.
This Resolution approves an Interlocal Agreement with the
Northern Palm Beach County Water Control District (NPBCWCD)
through which the Village can comply with new Federal
Environmental Protection Agency Regulations. This mandatory
program is intended to address pollution from storm water
systems. The program requires engineering services over the next
two and one half years involving source identification,
discharge characterization, management programs and outfall
identification and testing.
The EPA prefers that all Palm Beach County municipalities and
special districts submit a single permit and this Interlocal
Agreement would allow Tequesta to participate in that process.
As of this writing, all Palm Beach County municipalities and
special districts required to obtain permits are expected to be
part of the NPBCWCD group.
The known total cost to the Village of this program at this time
is $15, 400, which represents engineering costs to be paid to
Northern and to Gee & Jenson. This fiscal year the anticipated
costs are $5,390. The attached Resolution provides for a
budgetary appropriation of this amount in the current fiscal
year.
It is recommended that the Village Council approve Resolution 19-
90/91, which has been approved by the Village Attorney for legal
form and sufficiency. We have investigated the possibility of
submitting a permit on our own, and have found that this would
be a more costly and much more time-consuming process with
little to no benefit. This program is essentially a technical
program, with which we are forced to comply by the EPA, and
there will be a representative from Gee & Jenson in attendance
at the meeting to answer any technical questions you may have.
TGB/jmm
Attachments
Recycled Paper
/ '1
RESOLUTION NO. 19-90/91
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
WITH THE NORTHERN PALM BEACH COUNTY WATER
CONTROL DISTRICT (NPBCWCD) FOR JOINT
APPLICATION TO THE UNITED STATES FEDERAL
GOVERNMENT ENVIRONMENTAL PROTECTION AGENCY
FOR NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT REQUIREMENTS,
APPROPRIATING FUNDS FOR PERMIT APPLICATION,
AND APPROVING AN ENGINEERING CONTRACT FOR
PERMIT APPLICATION.
WHEREAS, the Federal Water Quality Act of 1987 amended j
the Federal Clean Water Act with said amendment requiring the
United States Environmental Protection Agency (hereinafter
referred to as "EPA" ) to develop regulations to implement the
National Pollutant Discharge Elimination system (hereinafter
, referred to as "NPDES" ) Permit Program to address stormwater -
discharges to waters of the United States; and
WHEREAS, said NPDES regulations published in November of
1990 mandate that the County of Palm Beach, all
municipalities contained therein, and specified Special Water
Control Districts submit an NPDES permit application to the
EPA; and
WHEREAS, while said NPDES permit application may be
submitted and permits issued on an individual basis, the EPA
has determined that due to the number of governmental
entities contained within the geographical boundary of Palm
Beach County, Florida, that such an individual application
approach would be administratively burdensome; and
WHEREAS, the EPA has authorized applicants located
within the geographical boundaries of Palm Beach County, to
designate a governmental entity as a lead applicant with
other governmental entities as co-applicants; and
WHEREAS, said proposal of EPA authorizing the
designation of a lead applicant and co-applicants for filing
the NPDES permit application is in the best interest of the
Village of Tequesta.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, AS FOLLOWS:
Section 1. The facts, statements and recitals as set forth
hereinabove and attached hereto as Exhibit 1 are true and
correct and are incorporated herein by this reference.
Section 2. The Village Manager is hereby authorized to
execute the Interlocal Agreement with the Northern Palm Beach
County Water Control District attached hereto as Exhibit 1 on
behalf of the Village of Tequesta.
Section. 3. The Village . Manager is hereby authorized to
execute a transfer from General Fund Undesignated Fund
Balance to the General Engineering line item account in the
amount of $5,390 for NPDES anticipated 'expenditures, and such
amount is hereby appropriated in the FY 90/91 budget.
Section 4. The Village Manager is hereby authorized to
contract for engineering services with Gee & Jenson, E.A.P. ,
in an amount not to exceed $7, 800 for NPDES permit
application.
;
r
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THE FOREGOING RESOLUTION was offered by Councilmember
who moved its adoption. The Resolution
was seconded by Councilmember , and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly passed
and adopted this day of June, A.D. 1991.
MAYOR OF TEQUESTA
•
Joseph N. Capretta
ATTEST:
Bill C. Kascavelis
Village Clerk
•
•
•, EXHIBIT 1
INTERLOCAL AGREEMENT
This Agreement shall be effective as of the day
of June , 1991, and is being entered into by and between
NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt
Drive, Palm Beach Gardens, Florida 33418, (hereinafter referred
to as the "LEAD APPLICANT" ) and the : VILLAGE OF TEQUESTA , 7,S7
Tequesta Drive , Tequesta, Florida , 33469
(hereinafter referred to as the "CO-APPLICANT" ) .
WITNESSET H:
WHEREAS, the United States Federal Government has deter-
mined that water quality problems in urbanized watersheds are a
major environmental concern nationwide; and
WHEREAS, the Federal Water Quality Act of 1987 amended the
Federal Clean Water Act with said amendment requiring the United
States Environmental Protection Agency (hereinafter referred to
as "EPA" ) to develop regulations to implement the National
Pollutant Discharge Elimination System (hereinafter referred to
as "NPDES" ) Permit Program to address stormwater discharges to
waters of the United States; and
WHEREAS the EPA, in November of 1990, published the final
regulations for implementation of the aforementioned NPDES
Permit Program; and
WHEREAS, said NPDES regulations mandate that the County of
Palm Beach, all municipalities contained therein, and specified
r -
Special Water Control Districts submit an NPDES permit applica-
tion to the EPA; and
WHEREAS, while said NPDES permit application may be submit-
ted and permits issued on an individual basis, the EPA has
determined that due to the number of governmental entities
contained within the geographical boundary of Palm Beach County,
Florida, that such an individual application approach would be
administratively burdensome ; and
WHEREAS, the EPA has authorized applicants located within
the geographical boundaries of Palm Beach County, to designate a
governmental entity as a lead applicant with other governmental
entities as co-applicants ; and
WHEREAS, the parties to this Agreement have determined that
said proposal of EPA authorizing the designation of a lead
applicant and co-applicants for filing the NPDES permit applica-
tion is in the best interest of the parties hereto in that this
will:
(1 ) Assist all parties in complying with the application
deadlines of May 18, 1992, for Part 1 of the NPDES Permit
Application and May 17, 1993, for Part 2 of the NPDES Permit
Application,
(2 ) Ensure consistency, and
( 3 ) Assure the most efficient and cost-saving mechanism
for compliance with the NPDES Permit Application process ; and
WHEREAS, the parties hereto are authorized pursuant to
Chapter 163, Part 1 of Florida Statutes, to enter into this
Interlocal Agreement.
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NOW, THEREFORE, in accordance with Chapter 163, Part 1,
Florida Statutes, the undersigned parties, for and in considera-
tion of the mutual benefits set forth herein, do hereby enter
into this Interlocal Agreement and represent, covenant and agree
with each other as follows :
SECTION ONE
REPRESENTATIONS
1 . 01. The facts, statements and recitals as set forth here-
-,
inabove are true and correct and are incorporated herein by this
reference.
SECTION TWO
DESIGNATION OF APPLICANTS
2 . 01. NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT
shall be designated the LEAD APPLICANT for the purposes of this
Agreement and the NPDES Permit Application.
2 .02. The VILLAGE OF TEQUESTA , shall
be designated the CO-APPLICANT for the purposes of this Agree-
ment and the NPDES Permit Application.
i
SECTION THREE
SCOPE OF WORK, ALLOCATION OF RESPONSIBILITIES
AND TIMES FOR TASK COMPLETION
3 . 01. Scope of Work :
The scope of work contemplated under this Agreement
as to the preparation and submission of Parts 1 and 2 of the
NPDES Permit Application is as follows:
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(a) Part 1 of NPDES Application:
( i) Assessment of the existing legal authority
to control the discharge of pollutants into stormwater systems.
( ii) Source identification which must include a
drainage system inventory and mapping of existing facilities.
( iii)Discharge characterization associated with
collection of rainfall data, runoff volumes, water quality of
discharges and dry weather sampling for illicit connections.
( iv) Description of existing stormwater manage-
ment programs.
(v) Development of a wet weather sampling pro-
gram for the Part 2 application.
(vi ) Identification of financial resources
available to complete Part 2.
(b) Part 2 of NPDES Application:
( i ) Demonstration of adequate legal authority
to control discharges .
( ii ) Characterization of data acquisition and
an analysis program for wet weather sampling sites, an estimate
of the annual pollution loadings into receiving waters and a
continuous water quality monitoring program for the next five
years .
( iii )Proposed management programs to reduce
pollutant loadings and to monitor compliance.
( iv) Assessment of management programs effec-
tiveness .
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(v) Financial resources and funding to support
the program.
3. 02. Allocation of Responsibilities:
(a) Definitions. The following terms as used in
this Agreement or in exhibits hereto shall have the meanings as
set forth below:
( i) Coordinator. The Coordinator shall be
primarily responsible for identifying the type and extent of
information and/or data required to carry out a particular task,
together with assimilating said data into the NPDES Application
following review and approval by the Provider.
( ii ) Provider. The Provider shall be primarily
responsible for gathering, collecting and delivering to the
Coordinator the data and information required in order to carry
out a particular task.
3 . 03. Allocation of Responsibility:
(a) Part 1 of NPDES Permit Application:
( i) The LEAD APPLICANT shall be responsible
for those tasks as are identified in Exhibit "A" which is
attached hereto and made a part hereof.
( ii ) The CO-APPLICANT shall be responsible for
those tasks as are identified in Exhibit "A" which is attached
hereto and made a part hereof.
(b) Part 2 of NPDES Permit Application:
( i ) The LEAD APPLICANT shall be responsible
for those tasks identified in Exhibit "B" which is attached
hereto and incorporated herein.
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( ii) The CO-APPLICANT shall be responsible for
those tasks identified in Exhibit "B" which is attached hereto
and incorporated herein.
3 .04. EPA Negotiations. As the parties are aware, follow-
ing the filing of the aforementioned NPDES Permit Applications,
each party will be required to negotiate an agreement with EPA
in order to develop site-specific stormwater management pro-
grams. Since the outcome of said negotiations will create a
legally binding obligation on said party, it is agreed that each
party shall be independently and solely responsible for said
negotiations with the EPA.
3. 05. Time Period for Conclusion of Tasks. Due to the
limited time period that is available to the parties to prepare
and submit Parts 1 and 2 of the NPDES Permit Application, the
parties agree that the duties and tasks as assigned to them as
set forth above must be concluded in an orderly fashion and that
the deadlines for completion shall be deemed material for the
ti
purposes of this Agreement. Said time periods shall be as set
forth in the column titled "End Date" of attached Exhibits "A"
and "B" .
SECTION FOUR
ENFORCEMENT AND/OR VIOLATIONS OF EPA PERMIT
4 . 01. Enforcement. The designation of any party to this
Agreement as the LEAD APPLICANT is not intended nor shall it be
construed as authorizing, granting or permitting the LEAD
APPLICANT to accept or assume any powers of enforcement of said
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permit as to the other party.
4 . 02. Violations. That in the event any party to this
Agreement should violate said party' s individually negotiated
permit or agreement with the EPA, then in that event said party
shall be solely responsible for any and all attorney' s fees,
costs, fines, penalties or corrective measures that it incurs or
has imposed upon it by the EPA or such other governmental entity
that is authorized to impose same.
SECTION FIVE
ALLOCATION OF COSTS AND EXPENSES
5. 01. The LEAD APPLICANT and CO-APPLICANT recognize and
agree that the costs and expenses that each party hereto will
incur in carrying out the duties and responsibilities that each
has assumed as hereinabove set forth, are not subject to exact
determination at the time of the execution of this Agreement and
that said costs and expenses are merely "best estimates" and
subject to modification if agreed to in writing by and between
the parties hereto.
5 . 02. That based upon the "best estimates" available to the
parties at the time of the execution of this Agreement, it is
agreed as follows:
(a) Part 1 - NPDES Permit Application:
( i) The CO-APPLICANT shall pay to the LEAD
APPLICANT for those duties and responsibilities assumed by the
LEAD APPLICANT that sum of U. S . Dollars as is enumerated in
attached Exhibit "A" and described and identified in the column
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set forth in said exhibit titled: "Estimated Cost of- Lead
Services".
( ii ) That of the amounts required to be paid
by the CO-APPLICANT as set forth on attached Exhibit "A" , the
CO-APPLICANT does hereby acknowledge and agree that in the event
the CO-APPLICANT should decide to terminate this Agreement as is
hereinafter provided, said CO-APPLICANT shall still be required
to pay to the LEAD APPLICANT the sum of $ 1 ,900 . 00 which
represents the LEAD APPLICANT's fixed overhead mobilization and
administration costs which are included in Line Items B 4 and E
of attached Exhibit "A" .
( iii ) That except for such amounts as are
required to be paid by the CO-APPLICANT to the LEAD APPLICANT as
identified aboveg the CO-APPLICANT shall be responsible for all
other costs and expenses incurred by it in the preparation and
filing of the Part 1 NPDES Permit Application.
(b) Part 2 - NPDES Permit Application:
In that until such time as the data required '
for preparation of the Part 1 NPDES Application is collected and
processed, the parties hereto cannot determine the estimated
costs and expenses that will be incurred in carrying out the
duties, tasks and responsibilities assumed by each of the par-
ties
hereto, as identified in attached Exhibit "B" . Therefore,
it is agreed that such amounts required to be paid by the
CO-APPLICANT to the LEAD APPLICANT for Part 2 shall be deter-
mined by the parties hereto following further negotiation and
finalization of said amounts by a separate written instrument.
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SECTION SIX
PAYMENT PROCEDURE
6 . 01. The LEAD APPLICANT shall submit monthly invoices to
the CO-APPLICANT for such costs and expenses as are incurred by
the LEAD APPLICANT in carrying out the duties and responsibili-
ties the LEAD APPLICANT has assumed as set forth hereinabove.
6. 02. The aforementioned monthly invoices shall be sub-
mitted by the LEAD APPLICANT to the CO-APPLICANT on the 15th day
of each month following the effective date of this Agreement and
the CO-APPLICANT shall promptly process said invoice in order to
authorize and pay said invoice within thirty (30) days from
receipt of said invoice.
6. 03. That unless otherwise agreed to in writing by and
between the parties hereto, if said invoice is not paid in full
by the aforementioned due date, then in that event the duties
and responsibilities assumed by the LEAD APPLICANT under the
terms of this Agreement may, following five ( 5 ) days notice, be
suspended and/or terminated by the LEAD APPLICANT at its sole
discretion.
SECTION SEVEN
OPTION TO TERMINATE
7 . 01. Either party to this Agreement shall have the right
to terminate this Agreement, provided, however, that the party
wishing to terminate the Agreement must provide thirty (30 ) days
prior written notice to the other party of said terminating
party' s decision to terminate this Agreement. Said termination
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shall not be effective until- said thirty days have elapsed.
7. 02. Irrespective of either party' s election to terminate,
this Agreement under the aforementioned optional provisions 'or
in the event of a failure to pay by the CO-APPLICANT to the LEAD
APPLICANT of the amounts due under the terms of this Agreement,
any costs and expenses incurred or obligated to be paid by the
LEAD APPLICANT under the terms of this Agreement for the benefit
of the CO-APPLICANT at the time of receipt of the notice of
termination shall still be due and owing and the right to
collect said amounts shall survive the termination of this
Agreement.
7 . 03 . In the event this Agreement is cancelled or termi-
nated, all documentation and data previously collected by the
LEAD APPLICANT in accordance with its duties and responsibili-
ties as assumed herein, shall be made available to the CO-
APPLICANT, provided, however, that said CO-APPLICANT shall be
responsible for the costs incurred in duplicating said data.
SECTION EIGHT
MISCELLANEOUS PROVISIONS
8 . 01. All notices, requests, consents and other communica-
tions required or permitted under this Agreement shall be in
writing ( including telex, ' facsimile or telegraphic communica-
tion) and shall be (as elected by the person giving such notice )
hand delivered by prepaid express overnight courier or messenger
service, telecommunicated, or mailed (airmail if international)
by registered or certified mail (postage prepaid) , return
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receipt requested, to the following addresses :
As to LEAD APPLICANT: NORTHERN PALM BEACH COUNTY WATER
CONTROL DISTRICT
357 Hiatt Drive
Palm Beach Gardens, FL 33418
Attn: Peter L. Pimentel
Executive Director
Phone (407 ) 624-7830
Fax (407 ) 624-7839
With a copy to: Kenneth W. Edwards, Esquire
Caldwell & Pacetti
324 Royal Palm Way, 3rd Floor
Palm Beach, FL 33480
Phone (407 ) 655-0620
Fax (407 ) 655-3775
As to CO-APPLICANT: VILLAGE OF TEQUESTA
357 Tequesta Drive
P. O. Box 3273
Tequesta, FL 33469-0273
Attn: Gary Preston, Directbr ,Public Works
Phone ( 407 ) 575-6240
Fax ( 407 ) 575-6203 •
With a copy to: John C . Randolph, Esq.
Jones , Foster, Johnston & Stubbs
505 South Flagler Drive , 11th Floor
P . O. Drawer E, West Palm Beach, FL 33402
Phone ( 407 ) 659-3000
Fax ( 407 ) 832-1454
8 . 02 . Entire Agreement. This Agreement represents the
entire understanding and agreement between the parties with
respect to the subject matter hereof.
8 .03 . Binding Effect. All of the terms and provisions
of this agreement, whether so expressed or not, shall be
binding upon, inure to the benefit of, and be enforceable by
the parties and their respective legal representatives,
successors and permitted assigns.
8. 04 . Assignability. The responsibility for carrying
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out any task assumed by any party to this Agreement, but not
the obligation to pay the amounts required to be paid as
hereinabove set forth, may be assigned by any party to this
Agreement.
8. 05. Severability. If any part of this Agreement is
contrary to, prohibited by or deemed invalid under applicable
law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited or
invalid, but the remainder hereof shall not be invalidated
thereby and shall be given full force and effect so far as
possible.
8 . 06. Governing Law and Venue. This Agreement and all
transactions contemplated by this Agreement shall be governed
by, and construed and enforced in accordance with, the internal
laws of the State of Florida without regard to any contrary
conflicts of laws principle. Venue of all proceedings in
connection herewith shall be exclusively in Palm Beach County,
Florida, and each party hereby waives whatever their respective
rights may have been in the selection of venue.
8. 07. Time of the Essence. Time is of the essence with
respect to this Agreement.
8. 08 . Headings. The headings contained in this Agree-
ment are for convenience of reference only, and shall not limit
or otherwise affect in any way the meaning or interpretation of
this Agreement.
8. 09 . Rights of Remedies. The failure of any party to
insist on a strict performance of any of the terms and condi-
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tions hereof shall be deemed a waiver of the rights of remedies
that the party may have regarding that specific instance only,
and shall not be deemed a waiver of any subsequent breach or
default in any terms and conditions.
8. 10. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties have set their hands and
seals the day and year hereinafter written.
EXECUTED BY LEAD APPLICANT this day of
1991.
ATTEST:
Peter L. Pimentel, Secretary
NORTHERN PALM BEACH COUNTY
WATER CONTROL DISTRICT
By:
William L. Kerslake, President
EXECUTED BY CO-APPLICANT this day of
1991.
ATTEST:
By:
4464E
5/16/91
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i
VILLAGE OF TEQUESTA
iF. THE NPDES PERMIT APPLICATION EXHIBIT A
,S EXISTING CONDITIONS
SCOPE RESPONSIBILITIES END ES OF. COST
LEAD
ITEM TASK DESCRIPTION LEAD CO-APP DATE SERVICES
A. Legal 1 . Identify Jurisdictions P 7/1/91 $0
2. Municipal Ordinances P 9/1/91
3. Sources of Authority P 9/1/91
4. Schedule/Commitment to
Seek Additional Authority P
8/15/91
B1 . Environmental 1. Topo/Drainage Boundary Map P 8/15/91
Source 2. Outfall Systems P 81591 $940
Ident. 3. Drainage Areas P 8/15/91
4. Controls P 8/15/91
5. Location Landfills/Industries/
Open Areas P 8/15/91
6. Land Use Maps and Population
Projections P 8/15/91
7. Soil/Runoff Characterization P 9/1/91
8. Existing NPDES. Permits p 9/1/91
9. Inventory Mapping/Uniform
Computerized System C P 10/1/91
62. Environmental 1 . Rainfall Data
Discharge 2. Runoff Volume and Quality P 0/1/9] $O
Characteristics 3. Receiving Water Bodies/Im acts12/1/91
(Hydrology) p P' 12/1/91
63. Environmental 1 . Dry Weather Field Visits/
Discharge Sampling
Characteristics (Screen Illicit Connections) C P 11/1/91 $100
(Sampling)
34. Environmental 1 . Locate Outfalls with Illicit
Discharge Connections
Characteristics 2. Locate Outfalls for Part 2 P 2/1/92 $700
(Planning) Sampling P •
3. Develop Wet Sampling Plan for 3/1/92
Part 2 P 4/I/92
C. Existing 1 . Source Control Program P 1/1/92 SO
Management ' 2. Programs for Illicit Connections P 1/2/92
Programs
D. Financial 1 . Budget for Existing Programs p o
2. Resources for Part 2 P 5/1/92
2 SO
E. Application 1 . Mobilization of Participants P
2. Liason with Participants P 6 4/1/92/9 51 , 200
3. Coordination with EPA 1
4. Organize.and Collate Information CC P 4/1/926/1/9
5. Prepare Application P
a. Maps 5/15/92
b. Assemble Reports
c. Formatting and Editing
d. Final Report
e. Submittal
-Coordinator P-Provider
TOTAL $2,900
2-MAY-]991
ART 2 OF THE NPDES PERMIT APPLICATION EXHIBIT
DEVELOP MANAGEMENT PROGRAM
EST. COST
SCOPE RESPONSIBILITIES END OF LEAD
ITEM TASK DESCRIPTION LEAD CO-APP DATE SERVICES
(TO BE
COMPLETED
A. Legal 1. Ordinance Preparation PER
Illicit Discharges Control AGREEMENT)
Spills C P 2/1/93
2. Inter-agency Agreements P 2/1/93
3. Inspection/Surveillance/
Monitoring S C P 2/1/93
B1. Environmental 1. Wet Weather Discharge
(Sampling) Characterization P 10/1/92
B2. Environmental 1. Pollutant Loads P 1/1/93
Planning 2. Monitoring Plan (5-Year) P 3/1/93
C. Proposed 1 . Source Controls/Removals P 4/1/93
Management 2. Program for Illicit Connections C P 4/1/93
Programs 3. Program for Industrial and
Construction Site , C P 4/1/93
4. Staff and Equipment ' C P 4/15/93
5. Pollutant Reduction P 4/15/93
6. Groundwater Impact P - 4/15/93
7. Remedial Capital Improvement
Plan C P ` 4/15/93
D. Financial 1. Needs P 5/1/93
2. Sources of Funds C P 5/1/93
E. Application 1. Liaison Among Participants P 3/1/93
2. Coordination with EPA C 9/1/92
3. Organize and Collate Information C P 4/1/93
4. Prepare Application P 5/15/93
a. Maps
b. Assemble Reports
c. Formatting and Editing
d. Final Report
e. Submittal
C-Coordinator P-Provider
° rz 1^ x11-1MpC-
C:)/'/'
08-MAY-1991
• a
VILLAGE OF TEQUESTA
' p� Post Office Box 3273 • 357 Tequesta Drive
r ',.`I,, �t Tequesta, Florida 33469-0273 • (407) 575-6200
•
a fk° FAX: (407) 575-6203
RCN coU$'0y
MEMORANDUM
TO: Thomas G. Bradford, Village Manager n
FROM: Gary Preston, Director of Public Works & Recreation
Wendy K. Harrison, Assistant to Village Manager x2e
DATE: May 31, 1991
SUBJECT: Interlocal Agreement with Northern Palm Beach County
Water Control District (NPBCWCD) for National
Pollution Discharge Elimination System (NPDES) Permit
In November of 1990, the United States Environmental
Protection Agency (EPA) specified that all municipalities in Palm
Beach County would require a permit under the National Pollution
Discharge Elimination System (NPDES) . This requirement is an
outgrowth of the Federal Clean Water Quality Act of 1987 which is
intended to address pollution from storm sewer systems. The NPDES
is a multi-year program, divided into 2 phases, and is further
described in the attached documentation.
We have been working with other county municipalities on this
program for the past two months as EPA is strongly encouraging the
submittal of a single permit from Palm Beach County. The Northern
Palm Beach County Water Control District ,(NPBCWCD) has evolved into
the "lead agency" responsible for coordinating the permit
applications of Palm Beach County municipalities and special
districts who operate storm sewer systems. As of this date, the
NPBCWCD expects all Palm Beach County municipalities with
applicable storm sewer systems to participate in its group
application along with approximately six ( 6) special districts.
The anticipated cost of providing the information required by
EPA between now and 1993 has been estimated by NPBCWCD engineers at
approximately $3.00 per capita and early indications are that the
Village ' s cost should be in this range. The attached Interlocal
Agreement is structured so that NPBCWCD engineers, Mock, Roos &
Associates, Inc. , will provide the Lead Applicant data while
Village' s engineer, Gee & Jenson, will provide the co-applicant
information and analysis. Mock, Roos has given us
Recycled Paper
To: Thomas G. Bradford, Village Manager
RE: Interlocal Agreement with NPBCWCD
May 30, 1991
Page 2 -
a cost of $2, 900 to provide their services and Gee & Jenson has
given us lump sum fees for Phase 1 of $7, 800 and for Phase 2 of
$4, 700. These amounts total to $15, 400 which is roughly equivalent
to the $3.00 per capita estimate. This engineering cost will be
accrued through 1993, with estimated percentages of the total of
35% in FY 90/91, 45% in FY 91/92 and the remaining 20% in FY
92/93. There will be most likely post permit-application
monitoring requirements, but these costs are entirely unknown at
this time.
It is our recommendation that the Village Council approve the
attached Resolution and Interlocal Agreement with the Northern Palm
Beach County Water Control District (NPBCWCD) for fulfillment of
the NPDES Regulations. This Agreement has been approved for legal
form and sufficiency by the Village Attorney. It is further
recommended that the Village Council approve a budget amendment of
$5,390 to be transferred to the General Engineering line item from
undesignated fund balance to .provide for NPDES expenditures in the
current fiscal year. Expenditures for FY 91/92 will be included in
the preparation of FY 92 budget.
Additional information from Mock, Roos further explaining the
EPA regulations is attached. A representative from Gee & Jenson
will be present at the June 6, 1991, Council/ Meeting to review and
further explain this essentially technical program.
WKH/mk
Attachments
GEE&JENSON May 31, 1991
Gary Preston
Director Public Works & Recreation
Village of Tequesta
357 Tequesta Drive
P.O. Box 3273
Tequesta, FL 33458
Re: NPDES Permit Application - Part 1
Dear Gary: _
In accordance with the Professional Services Agreement between
the Village of Tequesta and Gee & Jenson dated October 31, 1989,
we are pleased to submit the following proposal for professional,
services in connection with the preparation of Part 1 portion of
NPDES Permit Application as a Co-Applicant. The scope of
services will be same as the one shown in the Exhibit "A" of Mock
Roos Associates.
Scope of Services
The Engineer will perform the following scope items as detailed
in the Mock Roos Exhibit "A" attached:
A. Legal
B. 1. Environmental Source Identification
B. 2 . Environmental Discharge Characteristics (hydrology)
B. 3 . Environmental Discharge Characteristics (sampling)
B.4 . Environmental Discharge Characteristics (planning)
C. Existing Management Programs
D. Financial
E. Application
One Harvard Circle•West Palm Beach,Florida 33409-1923.407/683-3301 •FAX 407/686-7446
1/11111/
Mr. Gary Preston
Village of Tequesta
May 31, 1991 - Page Two
Time of Performance
Items A. thru E. of the Scope of Services will be completed as
follows except for delays beyond the control of the Engineer.
Item Completion Date
A. 8/15/91
B. 1. 10/01/91
B. 2 . 12/01/91
B. 3 . 11/01/91
B.4 . 4/01/91.92.
C. 1/01/92
D. 5/01/92
E• 5/15/92
Fees to be Paid
For Items A. thru E. of the Scope of Services the Engineer shall
be paid a lump sum fee of Seven Thousand Eight Hundred Dollars
($7, 800. 00) in accordance with our October 31, 1989 agreement.
In addition to the fees specified above, the Engineer shall be
reimbursed for direct nonsalary expenses, including, but not
limited to, data processing, equipment rental, automobile travel
at $0. 33 per mile, $0.55 per mile for four-wheel drive and
trucks, long distance telephone, subsistence, printing and repro-
duction, plus Florida sales taxes, if applicable.
Termination
This Agreement may be terminated by either party by giving thirty
(30) days advance written notice. The Engineer shall be paid for
services rendered to the date of termination on the basis of a
reasonable estimate of the portion of services completed prior to
termination and shall be paid for all reasonable expenses
resulting from such termination and for any unpaid reimbursable
expenses.
GEE&JENSON
1/11411/
Mr. Gary Preston
Village of Tequesta
May 31, 1991 - Page Three
Code and Regulatory Compliance
The Engineer prepares his work product based on known codes and
interpretations and relies on his experience to evaluate their
applicability. Input and comments are often sought from authori-
ties having jurisdiction and in many instances, agreements are
reached which impact the work product. When situations arise
such as code revisions, changes in interpretations, changes to
agreed upon direction, or work performed before required permits
or agency approvals are received, the Engineer will take
appropriate action subject to the direction of the Client.
Services associated with these situations will be compensated for
as additional services.
Acceptance
Acceptance of this proposal may be indicated by the signature of
a duly authorized official of the Client in the space provided
below. One signed copy of this proposal returned to the Engineer
will serve as an Agreement between the two parties and as Notice
to Proceed. This contract will be binding on the parties hereto
and the parties' successors and assigns. Should this proposal
not be accepted within a period of thirty (30) days from the
above date, it shall become null and void.
Very truly yours,
GEE & JENSON
En s chitec s- Inc.
t•
c , P. .
Sen o e reside
W. Ric and Staudinger, P.E.
Associate
Accepted by:
VILLAGE OF TEQUESTA
By:
Thomas C. Bradford, Village Manager
Date:
RCD/WRS:kvc
cc: Ji-Ang Song
GEE&JENSON
•
? VILLAGE OF TEQUESTA
JF THE NPDES PERMIT APPLICATION EXHIBIT A
.,S EXISTING CONDITIONS
SCOPE EST. COST
ITEMRESPONSIBILITIES END OF LEAD
TASK DESCRIPTION
LEAD CO-APP DATE SERVICES
A. Legal 1. Identify Jurisdictions p 7/1/91 SO
2. Municipal Ordinances P 9/1/91
3. Sources of Authority P 9/1/91
4. Schedule/Commitment to
Seek Additional Authority P 8/15/91
BI. Environmental 1. Topo/Drainage Boundary Map p 8/15/91 $90O
-Source 2. Outfall Systems P 8/15/91
Ident. 3. Drainage Areas P 8/15/91
4. Controls P 8/15/91
5. Location Landfills/Industries/
Open Areas P 8/15/91
6. Land Use Maps and Population
Projections P 8/15/91
7. Soil/Runoff Characterization P 9/1/91
8. Existing NPDES Permits P 9/1/91
9. Inventory Mapping/Uniform
Computerized System C P 10/1/91
62. Environmental 1. Rainfall Data P 8/1/91 SO
Discharge 2. Runoff Volume and Quality P 10/1/91
Characteristics 3: Receiving Water Bodies/Impacts P 12/1/91
(Hydrology)
63. Environmental 1 . Dry Weather Field Visits/
Discharge Sampling C P 11/1/91 $100
Characteristics (Screen Illicit Connections)
(Sampling)
34. Environmental 1. Locate Outfalls with Illicit
Discharge Connections P 2/1/92 5700
Characteristics 2. Locate Outfalls for Part 2
(Planning) Sampling P 3/1/92
3. Develop Wet Sampling Plan for
' Part 2 P 4/1/92
C. Existing 1 . Source Control Program P 1 1 92 SO
Management 2. Programs for illicit Connections p 1/1/92
Programs
D. Financial ' 1 . Budget for Existing Programs P 1/1/92 SO
2. Resources for Part 2 P 5/1/92
E. Application 1 . Mobilization of Participants ' P 6/15/91 51 ,200
2. Liason with Participants P 4/1/92
3. Coordination with EPA C C 6/1/91
4. Organize and Collate Information C P 4/1/92
5. Prepare Application P 5/15/92
a. Maps
b. Assemble Reports
c. Formatting and Editing
d. Final Report
e. Submittal
-Coordinator P-Provider TOTAL $2,900
2-MAY-1991
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m.€ 0, MOCK, BOOS �. ASSOCIATES, INC
ENGINEERS • SURVEYORS • PLANNERS .
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■. 5720 CORPORATE WAY • WEST PALM BEACH, FLA. 33407 • TELEPHONE (407)683-3113
MEMORANDUM -
TO: Lake Worth Drainage District/Northern Palm Beach County Water Control
District
FROM: Alan D. Wertepny
DATE: March 4, 1991
•
SUBJECT: EPA NPDES PERMIT PROGRAM FOR MUNICIPAL SYSTEMS
1. NPDES PERMIT REQUIRED FOR: .
A. Municipal separate storm sewer system serving a population of 250,000 or
more (large municipal separate storm sewer system).
B. Municipal separate storm sewer system serving a population of 100,000 to
250,000 (medium municipal separate storm sewer system).
C. Designated stormwater discharges determined by the Administrator or State
Director to contribute to a violation of water quality standards or that result
in significant pollutant loadings to receiving waters.
D. The Director may designate other municipalities as medium or large storm
sewer system due to interrelationship.
2. DEFINE MUNICIPAL SEPARATE STORM SEWER:
A conveyance or system of conveyances including roads with drainage systems,
municipal streets, catch basin, curbs, gutters, ditches, man-made channels or storm
drains owned or operated by a state, city, town, borough, county, parish, district,
- association, or other public body having jurisdiction over disposal of sewage,
industrial wastes, storm water, or other waters, including special districts under state
law such as a sewer district, flood control district or drainage district or similar entity,
or an Indian tribe or an authorized Indian tribal organization, or a designated and
approved management agency under Section 208 of the Clean Water Act (CWA)
that discharges to waters of the United States.
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•
3. WHO IS RESPONSIBLE FOR NPDES SUBMITTING A PERMIT
APPLICATION:
A. Cities and counties identified as medium or large municipal separate storm
sewer systems in federal register dated November 16, 1990 (i.e. Fort
Lauderdale, Orlando, Palm Beach County, Broward County).
B. Operators of a discharge from a municipal separate storm sewer which is
part of a large or medium municipal separate storm sewer must either:
1. Be a co-permittee.
2. Submita distinct permit application which only covers discharge for
which the operator is responsible.
C. A regional authority may be responsible under the following guidelines:
1. The regional authority together with co-applicants shall have authority
over a stormwater management program that is in existence, or shall
be in existence at the time Part 1 of the application is due.
2. The permit applicant or co-applicant shall establish their ability to
make a timely submission of Part 1 and Part 2.
3. Each of the operator of municipal separate storm sewers within the
systems that are under the purview of the designated regional authority
shall comply with the application requirements.
4. WHAT DOES CO-PERMIT 1'EE MEAN?
A. A permittee to a NPDES permit that is only responsible for permit conditions
relating to the discharge for which it is operator.
5. APPLICATION FORM INCLUDES TWO PARTS (MEDIUM MUNICIPAL
SYSTEM, i.e. Unincorporated Palm Beach County):
A. Part 1 is submitted by May 18, 1992.
B. Part 2 of the application shall be submitted by May 17, 1993.
2
6. STATUTORY PROVISIONS FOR MUNICIPAL SEPARATE STORM SYSTEM
PERMITS:
A. System or jurisdiction-wide permits allowed.
B. Effectively prohibit non-storm water discharges into storm sewers.
C. Controls to reduce discharge of pollutants to Maximize Extent Practicable.
D. Must continue to meet all existing requirements of CWA 402.
7. PART 1 APPLICATION CONSISTS OF:
A. General Information: Applicants name, address, telephone number... .
B. Existing Legal Authority: A description of existing legal authority to control
discharge to the municipal separate storm sewer system. When existing legal
authority is not sufficient... a schedule and commitment to seek such
additional authority needed will be provided.C. Sources Identification:
1. Description of the historical use of ordinances, guidance or other
controls which are limited to the discharge.
2. Topographic Map or Drainage Boundary. •
a. Location of municipal storm sewer system outfalls discharging
to water of the United States.
b. Description of land use activities (undeveloped, residential,
commercial, agricultural and industrial). Estimates of
population densities and projected growth rate for a 10-year
period. For each land use type, an estimate of an average
runoff coefficient shall be provided.
3. Location and description of operating or closed municipal landfill,
storage or disposal facility for municipal waste.
4. Location and permit number of known NPDES permits.
5. Location of major structural controls for stormwater discharge.
6. Identification of publicly owned parks, recreational areas and other
open lands.
3
D. Discharge Characterization:
1. Monthly mean rain and monthly average number of storm events.
2. Existing quantitative data describing the volume and quality of
discharges.
3. List of water bodies, receiving discharge from the municipal separate
storm sewer system at a minimum, the description of water quality
impacts downstream.
a. A summary of designated use support and attainment of Clean
Water Act (CWA) goals.
b. Listed under Section 304 of the CWA that is not expected to
meet water quality goals.
c. Listed in State Non-point Source Assessment required by
Section 319(a) of the CWA that, without action to control non-
point sources of pollution, cannot reasonably be expected to
attain water quality standards.
d. Identified and classified according to eutrophic condition of
publicly owned lakes listed in State reports... .
e. Recognized by the Applicant as highly valued or sensitive
waters.
f. Defined by the State of U.S.Fish and Wildlife Services National
Wetlands Inventory as wetlands, and
g. Found to have pollutants in bottom sediments, fish tissue or
biosurvey data.
4. Field screening for illicit connections and illegal dumping. Visual
observations and water quality sampling (dry weather evaluation).
Either all major outfall or selected points on a grid system.
a. All major outfall.
1. Definition.
a.) Point source pipe diameter greater than 36 inches.
b.) Conveyance associated with drainage area of
more than 50 acres.
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2. , Maximum number of major outfall screened: 250 for
medium municipality. '
b. Grid system.
1. Grid system spaced 1/4 mile apart, creating a series of
cells.
2. One field screening point for each cell and major outfalls.
3. Screening points located downstream of any sources of
suspected illegal activity.
4. Identify hydrological conditions, drainage area, population
density, traffic density age of the buildings in the area,
history of area and land use type.
5. For medium municipal separate storm sewer systems,
no more than 250 cells need to be identified by field
screening.
c. Sampling.
1. Narrative of appearance of sample.
2. Narrative of field analysis for: ph, total chlorine, total
copper, total phenol, detergents.
3. Identify test method.
4. If flow observed estimate flow rate and obtain 2 grab-
samples.
E. Management Programs:
1. Description of existing storm water management programs to control
pollutants.
2. Description of existing programs to identify illicit connections.
F. Proposed Part 2 Sampling Plans.
1. Identify outfalls for Part 2 representative samples.
2. Description of the financial resources currently available to the
municipality to complete Part 2 of'the permit application.
5
a. Description of the municipality's budget for existing storm water
programs.
b. Overview of the municipality's financial resources and budget,
including overall indebtedness and assets, and sources of funds
for storm water programs.
G. Two copies of Part 1 - EPA transmit one with copy to State of Florida's
DER.
H. EPA Response to Part 1:
1. Completeness summary. -
2. Propose modifications to characterization plan.
3. EPA to respond within 90 days.
8. PART 2 APPLICATION CONSISTS OF:
A. Adequate Legal Authority To:
1. Control discharges.
2. Prohibit illicit discharges.
3. Control spills, dumping or disposal of materials. •
4. Control by inter agency agreements among co-applicants the
contribution of pollutants.
5. Require compliance with conditions in ordinances, permits, contracts
or orders.
6. Carry out all inspection, surveillance and monitoring.
B. Source Identification:
1. Indicate the location of any major outfall.
2. Provide an inventory, name, address, SIC code, principal product of
facilities with industrial activity discharging to the municipal separate
storm sewer.
6
C. Discharge Characterization - Collection and Sampling of effluent in
accordance with 40 CFR and analyze it for the pollutant.
1. The Director (EPA) shall designate between 5 and 10 outfall or field
screening points as representative of commercial, residential and
industrial use activities.
a. For each outfall, samples shall be collected of storm water
discharges from 3 storm events.
b. Narrative description provided of the rainfall event greater
than 0.1 inch rainfall.
c. Quantitative data for organic pollutants listing Table II,
pollutants in Table III (Toxic metal, cyanide, and total phenols
and following pollutants: Total suspended solids, total dissolved
solids, COD, BOD5, oil and grease, fecal coliform, fecal
streptococcus, ph, total kjeldahl nitrogen, nitrate plus nitrite,
total ammonia plus organic nitrogen, total phosphorus.
d. Additional limited quantities data required by Director.
2. Estimates of the annual pollutant load of the cumulative discharge to
waters of the U.S. from all identified municipal outfalls and the event
mean concentration of the cumulative discharge (BODS, COD, TSS,
TDS, Total nitrogen) total ammonia plus organic nitrogen, total
phosphorous, dissolved phosphorous, cadmium, copper, lead and zinc.
Provide estimating procedures, calculation methods, modeling etc.
3. Proposed schedule to provide estimate to each major outfall.
4. Proposed monitoring program.
a. Location of outfalls or field screening points to be sampled.
b. Explanation of why locations are representative.
c. Frequency of sampling.
d. Parameters to be analyzed.
e. Description of sampling equipment.
7
D. Proposed Management Program - Public Involvement - Control Techniques,
Design and Engineering Methods, Staffing and Equipment.
1. Structural and source control measures to reduce pollutants from
commercial, and residential areas.
a. Maintenance activities and schedule for structural controls to
reduce pollutants (including floatables).
b. Comprehensive master plan to develop, implement and enforce
controls to reduce the discharge of pollutants.
c. Description of practices for operating and maintaining public
streets, roads and highways and procedures for reducing the
impact.
• d. Assess impact on the water quality of retrofitting devices to
provide additional pollutant removal.
e. Describe program to monitor pollutants in runoff from open
or closed municipal landfills.
f. Describe program to reduce pollutants associated with the
application of pesticides, herbicides and fertilizer.
2. Description of a program, including schedule to detect and remove
illicit discharges and improper disposal into the storm sewer.
a. Program to implement and enforce an ordinance or order.
b. Procedures to conduct on-going field screening.
c. Procedures to isolate illicit discharges.
d. Procedures to prevent, contain and respond to spills.
e. Public program to report illicit discharges.
f. Public education program for proper management and disposal
of used oil and toxic materials.
g. Controls to limit infiltration of seepage from municipal sanitary.
sewers.
3. Describe program to monitor and control pollutants from municipal
land fills, hazardous waste treatment, disposal and recovery facilities.
8
•
•
a. Identify priorities and procedures for inspections and
establishing control measures.
b. Monitoring programs for industrial facilities including submission
of quantitative data on pollutants listed in existing NPDES
permit and others.
4. Program to implement and maintain best management practices to
reduce pollutants from construction sites.
a. Site planning.
b. Requirements for non-structural and structural best management
practices.
c. Procedures for identifying priorities for inspecting sites and
enforcing control measures.
d. Educational and training measures for construction site
operators.
E. Assessments of Proposed Storm Water Management Program.
1. Estimated reduction in loadings of pollutants expected as the result
of storm water quality management program.
F. Fiscal Analysis.
1. Analysis of the necessary capital and operation and maintenance
expenditures necessary to accomplish the activities description of
funding source and legal restrictions on use of such funds.
9. EPA FUTURE REGULATIONS/GUIDANCE/REPORTS:
1. EPA Preparing Phase II of NPDES Program - other storm water discharges
which may be subject to permitting and regulation by EPA.
a. First Report to Congress tentatively scheduled for March/April 1991.
- b. Second Report to Congress following response from Congress and
changes to First Report.
c. Finalize Rule- October 1, 1992.
ADW:nz
(Our Rcl.No.31.36)
9