HomeMy WebLinkAboutResolution_10-91/92_03/26/1992 RE SOLUTION NO. 10 -91/92
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING A SUPPLEMENTAL INTERLOCAL AGREEMENT
WITH THE NORTHERN PALM BEACH COUNTY WATER
CONTROL DISTRICT (NPBCWCD) FOR PART II OF THE
ENVIRONMENTAL PROTECTION AGENCY NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT APPLICATION.
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, 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 Village Council of the Village of Tequesta
previously adopted Resolution No. 19 -90/91 on June 6, 1991,
authorizing joint application with the Northern Palm Beach
County Water Control District; and
WHEREAS, Part I of said application is complete and Part II
of the program is ready to be undertaken.
I
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, 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.
I Se ction 2. The Village Manager is hereby authorized to
execute the Supplemental Interlocal Agreement for Part II of
the National Pollutant Discharge Elimination System Permit
Application 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 Clerk is hereby directed to forward
a copy of this Resolution to the Northern Palm Beach County
Water Control District.
THE FOREGOING RESOLUTION WAS OFFERED by
Councilmember Howell who moved its
adoption. The motion was seconded by
Councilmember Rurckart and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
— _n sep N Caprett
Ron T. Mackail
Earl L. Collings
Edward C. Howell
William E. Burckart
i
The Mayor thereupon declared the Resolution duly passed and
adopted this 26Th day of March A.D., 1992.
MAYOR OF TEQUESTA
Earl L. Collings
ATTEST:
ann Manganiejlo
Village Clerk
LAW OFFICES
CALDWELL & PACETTI
MANLEYP.CALDWELL,JR - 324 ROYAL PALM WAY OFCOUNSEL
KENNETH W. EDWARDS PALM BEACH FLORIDA 33480 -4352 ARTHUR E. BARROW
CHARLES F. SCHOECH MADISON F. PACETTI
MARY M. VIATOR TELEPHONE (407) 655 -06
� ETSY S. BURDEN P LEASE O
. ALLEN HEEKE, JR. TELECOPIER (407 65 -'.Sti P.O. BOX 2775
ALM BEACH, FL. 33480 -2775
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19 .Q
9 May 4, 1992
N
Thomas G. Bradford, Village Manager
VILLAGE OF TEQUESTA
Post Office Box 3273
357 Tequesta Drive
Tequesta, FL 33469 -0273
Re: Northern Palm Beach County Water Control District
Subject Matter: Supplemental Interlocal Agreement for the
Environmental Protection Agency NPDES
Part II Permit
Dear Mr. Bradford:
• Initially, I wish to thank you on behalf of my client, Northern
Palm Beach County Water Control District, for your cooperation
and assistance in completing and approving the aforementioned
Interlocal Agreement.
As indicated in my prior letter of January 31, 1992, I am return-
ing to you one (1) fully executed original of the Interlocal
Agreement for your records. The other duplicate original of said
Agreement was filed with the Clerk of the Court in and for Palm
Beach County, Florida, on or about May 1, 1992, in accordance
with Chapter 163, Florida Statutes.
Naturally, if you should have any questions regarding the above
or the enclosure, please feel free to contact me.
Ver truly yours,
Kenneth W. Edwards
KWE /mac
Enclosure
cc: Peter L. Pimentel, Executive Director
NORTHERN PALM BEACH COUNTY W.C.D.
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• SUPPLEMENTAL INTERLOCAL AGREEMENT
FOR PART II OF THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT APPLICATION
This Agreement shall be effective as of the oZ��� day
of 1992, and is being entered into by and between
NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt
Drive, Palm Beach Gardens, FL 33418, (hereinafter referred to
as the "LEAD APPLICANT ") and VILLAGE OF TEQUESTA, P. 0. Box
3273, Tequesta, FL 33469 -0273, (hereinafter referred to as the
"CO- APPLICANT ").
• W I T N E S S E T H:
WHEREAS, the parties to this Agreement, have previously
entered into an Interlocal Agreement (said prior Interlocal
Agreement being hereinafter referred to as the "Primary Inter-
local Agreement ") for the preparation and submission of Parts I
and II of the application for a National Pollutant Discharge
Elimination System Permit; and
WHEREAS, the Primary Interlocal Agreement contains a provi-
sion in Section 5 thereof, that states that until such time as
the data required for preparation of Part I of the NPDES Appli-
cation has been collected and processed, the parties cannot
determine the estimated costs and expenses that will be incurred
in carrying out the duties, tasks and responsibilities of the
LEAD APPLICANT as same are to be identified in Exhibit "B" to
the Primary Interlocal Agreement.
Therefore, it was agreed that the allocation of
' responsibilities and the amounts required to be paid by the
CO- APPLICANT to the LEAD APPLICANT for the preparation and
filing of Part II of the NPDES Permit Application would be
determined following further negotiation and finalization of
said amounts and duties by a separate written instrument; and
WHEREAS, the data required for preparation of Part I of the
NPDES Permit Application has now been substantially collected
and processed; and
WHEREAS, the parties wish to finalize the allocation of
duties, tasks, responsibilities and amounts required to be paid
to the LEAD APPLICANT for preparation of Part II of the NPDES
. Permit Application; and
WHEREAS, as indicated in the Primary Interlocal Agreement,
the parties to this Agreement are authorized, pursuant to
Chapter 163, Part I of Florida Statutes, to enter into an Inter -
local Agreement.
NOW, THEREFORE, in accordance with Chapter 163, Part I,
Florida Statutes (1991), the undersigned parties, for and in
consideration of the mutual benefits as set forth herein, do
hereby enter into this Supplemental Interlocal Agreement and
represent, covenant and agree with each other as follows:
SECTION ONE
REPRESENTATIONS
1.01. The recitals, as set forth hereinabove, are considered
true and correct and are incorporated herein by this reference.
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SECTION TWO
FUNDING AND ALLOCATION OF DUTIES. TASKS AND RESPONSIBILITIES
• 2.01. The parties in accordance with Section 5 of the
Primary Interlocal Agreement, do hereby agree to the funding
provisions and allocations of duties, tasks and responsibilities
for Part II of the NPDES Permit Application, as same are set
forth in Exhibit "B" which is attached hereto and made a part
hereof.
2.02. That of the amounts required to be paid by the
CO- APPLICANT to the LEAD APPLICANT, as set forth on attached
Exhibit "B ", the CO- APPLICANT does hereby acknowledge and agree
that, if for any reason, the CO- APPLICANT should subsequently
. decide to terminate either the Primary Interlocal Agreement or
this Supplemental Interlocal Agreement, said CO- APPLICANT shall
still be required to pay to the LEAD APPLICANT the sum of
$3,500 since the work required to be carried out for
completion of Part II of the NPDES Permit Application is not
subject to termination after same has been initiated.
2.03. If, following the receipt of the NPDES permit from
the Environmental Protection Agency and after payment of all
outstanding statements and invoices incurred in obtaining said
permit, there should remain any surplus monies that were
required to be paid by the CO- APPLICANT in accordance with the
above section, then in that event said surplus funds shall be
returned to the CO- APPLICANT within thirty (30) days following
payment of the last statement or invoice for services required
to be carried out in accordance with this Agreement.
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SECTION THREE
INCORPORATION BY REFERENCE
' 3.01. That, except as otherwise superceded or modified by
this Supplemental Interlocal Agreement, the terms and conditions
of the Primary Interlocal Agreement are incorporated herein and
made a part hereof.
SECTION FOUR
EFFECTIVE DATE
4.01. The effective date of this Agreement shall be the
date that it is last signed by all parties hereto.
IN WITNESS WHEREOF, the parties have set their hands and
. seals the day and year hereinafter written.
EXECUTED BY LEAD APPLICANT thi day of ,
1992.
ATTEST: BOARD OF SUPERVISORS, NORTHERN
PALM BEACH COUNTY WATER CONTROL
DISTRICT
Peter L. Pimentel
By: 'G �, B
Secretary William L. Kerslake, President
(SEAL)
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L-�
EXECUTED BY CO- APPLICANT this day of
1992.
ATTEST: VILLAGE OF TEQUESTA
By /` By:
(SEAL)
5379E
1/29/92
-5-
VILLAGE OF TEQUESTA
PART 2 OF THE NPDES PERMIT APPLICATION EXHIBIT B
DEVELOP MANAGEMENT PROGRAM
EST. COST
SCOPE RESPONSIBILITIES END OF LEAD
TA
KM DESCRIPTION LEAD CO -APP DATE SERVICES
- - -- -----------------------------------------------------------------------------------
A. Legal 1. Ordinance Preparation
Illicit Discharges Control Spills C P 01/01/93 $87
2. Inter - agency Agreements
3. Inspection /Surveillance /Monitoring
B1. Environmental 1. Wet Weather Discharge
(Sampling) Characterization P 10/01/92 $1,794
B2. Environmental 1. Pollutant Loads P 01/15/93 $569
Planning 2. Monitoring Plan (5 -Year)
C. Proposed 1. Source Controls /Removals C P 03/01/93 $87
Management 2. Program for Illicit Connections
Programs 3. Program for Industrial and
Construction Site
4. Staff and Equipment
5. Pollutant Reduction
6. Groundwater Impact
7. Remedial Capital Improvement Plan
D. Onancial 1. Needs C P 03/15/93 $44
2. Sources of Funds
E. Application 1. Liaison Among Participants P 05/15/93 $919
2. Coordination with EPA
3. Organize and Collate Information
4. Application
a. Maps
b. Assemble Reports
c. Formatting and Editing
d. Final Report
e. Submittal
TOTAL $3,500
P- Provider is responsible for submittal of requested information
and reports on scope items and tasks. If Lead Applicant is the
provider then, Co- Applicants may be required to furnish infor-
mational materials to complete the Scope Item.
C- Coordinator is responsible for preparing guidance materials for
Sc0 items and tasks.
[nancy.2020.npdes]TEQUESTA- exhibit b -part2
20- JAN -1992