HomeMy WebLinkAboutAgreement_Interlocal_03/11/2011 NPDES THIRD TERM PERMIT
INTERLOCAL AGREEMENT
This Interlocal Agreement (the "Agreement ") is being entered into by and between
NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 359 Hiatt Drive, Palm
Beach Gardens, Florida 33418 (hereinafter referred to as the "Lead Permittee"), and VILLAGE OF
TEQUESTA (hereinafter referred to as "the Co- Permittee ").
WITNESSETH:
WHEREAS, the United States Environmental Protection Agency (hereinafter referred to as
"EPA ") on the 9th day of December, 1996, issued its National Pollutant Discharge Elimination
System ( "NPDES ") Permit No. FLS000018 (with it and all such subsequent permits being
hereinafter referred to as the "MS4 NPDES Permit ") to approximately forty (40) governmental
entities designated as the Palm Beach County- Municipal Separate Storm Sewer System ( "MS4 ")
Permittees (hereinafter referred to jointly as the "Permittees "); and
WHEREAS, EPA has since delegated its regulatory and enforcement authority relating to the
MS4 NPDES Permit to the Florida Department of Environmental Protection ( "FDEP "); and
WHEREAS, Section 403.0885, Florida Statutes, established the federally approved state
NPDES Program; and
WHEREAS, FDEP Rule 62- 4.052, F.A.C., implemented an annual regulatory program and
also set fees to effect the legislative intent that FDEP's costs for administering the NPDES Permit be
borne by the regulated entities; and
WHEREAS, at or before the expiration of each MS4 NPDES Permit, the Permittees must file
a re- application to FDEP for renewal of the MS4 NPDES Permit for a subsequent term; and
WHEREAS, the MS4 NPDES Permits granted by FDEP to the Permittees contain separate
obligations and responsibilities for each individual Permittee, as well as obligations and
responsibilities that may be performed jointly by the Permittees; and
WHEREAS, due to the number of Permittees and the tasks that must be performed pursuant
to each MS4 NPDES Permit, it would be more economically and administratively feasible to allocate
duties, responsibilities, and costs associated with the MS4 NPDES Permits pursuant to individual
interlocal agreements between each Co- Permittee and the Lead Permittee; and
WHEREAS, the Permittees previously established a 7- member Steering Committee
comprised of 2 representatives of large municipalities, 2 representatives of smaller municipalities, 1
representative of special districts, 1 representative from Palm Beach County, and the Lead Permittee,
which Committee will continue to coordinate the joint activities required under the MS4 NPDES
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Permit, including but not limited to recommending to the Lead Permittee retention of necessary
consultants to execute each MS4 NPDES Permit; and
WHEREAS, the parties hereto are authorized pursuant to Chapter 163, Part I, Florida
Statutes, as amended, to enter into this Agreement and do hereby adopt, ratify and confirm the
provisions and incorporation herein of Subparagraph (9), Section 163.01, Florida Statutes.
NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes, as amended,
the undersigned parties, for and in consideration of the mutual benefits set forth herein, do hereby
enter into this Agreement and represent, covenant, and agree with each other as follows:
SECTION ONE
REPRESENTATIONS
1.01. Recitals The recitals and representations asset forth hereinabove are true and correct
to the best of the knowledge of the parties and are incorporated herein by this reference.
SECTION TWO
DESIGNATION OF PARTIES
2.01. Lead Permittee Northern Palm Beach County Improvement District is hereby
designated as the Lead Permittee for the purposes of this Agreement and each MS4 NPDES Permit.
2.02. Co- Permittee The Village of Tequesta is hereby designated as a Co- Permittee for the
purposes of this Agreement and each MS4 NPDES Permit.
SECTION THREE
TERM OF AGREEMENT
3.01. Agreement Term The term of this Agreement begins as of the date it is signed by the
last of the parties, and shall continue from year to year, subject to the annual Funding Year (as
hereinafter defined) renewal process set forth in following Section 3.03, unless otherwise terminated
in accordance with other provisions of this Agreement. The parties to this Agreement shall
undertake a mutual review of this Agreement during the final year of the term of each Permit.
3.02. Funding Year The term "Funding Year" is defined as a fiscal year beginning on
October 1 and ending on September 30.
3.03. Renewal This Agreement shall be automatically renewed as of the beginning date of
each Funding Year and continue in full force and effect from Funding Year to Funding Year, unless:
(i) a party to this Agreement provides written notice of non - renewal to the other party at least thirty
(30) days prior to the end of the then - current Funding Year, or (ii) the Agreement has been
previously terminated as provided herein.
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SECTION FOUR
SCOPE OF WORK AND ALLOCATION OF DUTIES AND OBLIGATIONS
4.01. Allocation of Duties and Obligations
(i) The Lead Permittee shall be responsible for those duties and obligations
which are specifically identified and delineated in Exhibit "A" which is attached hereto and
incorporated herein (the "Lead Permittee Services "). The Lead Permittee Services may be
revised from time to time as required by the MS4 NPDES Permit. Any such revisions shall be
agreed to in writing by the Co- Permittee and incorporated into Exhibit "A" and made a part of
this Agreement. All revisions to Exhibit "A" shall be attached sequentially to the original
Agreement so that all modifications to the Lead Permittee Services that occur over time may be
determined.
(ii) The Co- Permittee shall be responsible for such other duties and
obligations which are specifically identified as being its individual responsibility in the MS4
NPDES Permit.
4.02. Modifications to MS4 NPDES Permit
In accordance with Section 403.067, Florida Statutes, NPDES permits must be
consistent with the requirements of adopted TMDLs. A MS4 NPDES Permit may be reopened
and revised during its term to adjust effluent limitations or monitoring requirements should
future adopted TMDL, water quality studies, FDEP- approved changes in water quality standards,
or other information show a need for a different limitation or monitoring requirement. It is
understood and agreed that any other changes, modifications, revisions, or additions to the terms
of the MS4 NPDES Permit made subsequent to the Effective Date of this Agreement are
expressly excluded from and not a subject of this Agreement unless and until incorporated herein
by written agreement of the parties.
SECTION FIVE
BUDGET AND FUNDING
5.01. Administrative Procedures The procedures to be followed by the Lead Permittee
regarding the collection, management and disbursement of the Co- Permittee payments are set
forth in a resolution titled "Resolution of the Board of Supervisors of Northern Palm Beach
County Improvement District Approving the NPDES Steering Committee Administrative
Procedures for Collection, Management and Disbursement of NPDES Interlocal Agreement
Funds" (the "Resolution), which was adopted by the Lead Permittee, a copy of which is attached
hereto as Exhibit `B."
Section 2 of the Resolution incorporates by reference the " NDPES Steering Committee
Administrative Procedures for Collection, Management and Disbursement of NPDES Interlocal
Agreement Funds" (the "Procedures) which are incorporated into this Agreement and are to be
followed by the parties to this Agreement.
The Resolution and the Procedures may be amended from time to time upon the approval of
the NPDES Steering Committee and the Lead Permittee. However, the Co- Permittee shall be given
a minimum of 60 days advance written notice of any proposed amendments to the Resolution or the
Procedures, and shall be afforded the opportunity to offer comments to the Lead Permittee and/or the
NPDES Steering Committee prior to any action being taken on said proposed amendments. Any
amendment that is incorporated into this Agreement shall also be agreed to in writing by the Co-
Permittee.
5.02. Annual Budget Since this Agreement is anticipated to be renewed for a number of
Funding Years, the parties acknowledge that it is not in their respective best interests to project the
potential costs the Lead Permittee may be required to incur for future Funding Years in order to
carry out the Lead Permittee Services. Therefore, the parties agree to arrive at a mutually acceptable
payment amount on a per Funding Year basis in order to more accurately calculate the amount that
will be required to be paid by the Co- Permittee to the Lead Permittee for the provision of Lead
Permittee Services during each Funding Year.
5.03. Prior Funding The parties agree that any surplus funds previously paid by the Co-
Permittee to the Lead Permittee pursuant to any prior interlocal agreement it has entered into with
the Lead Permittee involving a MS4 NPDES Permit shall be applied to and used for the provision of
Lead Permittee Services during the next Funding Year period.
5.04. First Funding Year Pam In addition to the surplus funds referenced in Section
5.03 above, the parties agree that for the upcoming 2011/2012 Funding Year, the Co- Permittee has
paid the Lead Permittee the sum of TWO THOUSAND TWO HUNDRED EIGHT AND NO /100
($2,208.00) DOLLARS, which sum represents payment of both the Lead Permittee's Services for
the upcoming Funding Year of this Agreement and the ten percent (10 %) Reserve Fund Contingency
required pursuant to Section 5.05.
5.05. Reserve Contingency The parties acknowledge that each Funding Year payment will
include a ten percent (10 %) reserve fund contingency (the "Reserve Fund Contingency ") for
unexpected additional costs and expenses incurred in the preparation and implementation of a MS4
NPDES Permit.
5.06. Current Funding The parties believe that the funding specified in above Section 5.04
will be sufficient to satisfy the current MS4 NPDES Permit requirements for the 2011/2012 Fiscal
Year unless unexpected additional costs and expenses of the nature described in following Section
6.03 are incurred.
5.07. Future Funding Year Payments The parties: (i) acknowledge that on or before
January 31, 2011, the Lead Permittee provided a budget to the Steering Committee of the amount the
Permittees will each be requested to pay during the next Funding Year, and (ii) agree that all
subsequent Funding Year budget estimates will be provided on or about January 31 st of each
following year. The Lead Permittee and Co- Permittee shall have until July 31 of each year to arrive
at a mutually acceptable dollar amount to be paid by the Co- Permittee to the Lead Permittee for the
immediately upcoming Funding Year, which shall be paid pursuant to Section Six of this
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Agreement. If the parties cannot agree upon a mutually acceptable dollar amount by the
aforementioned deadline, this Agreement shall be deemed terminated unless otherwise agreed to in
writing by and between the parties.
5.08. Final Funding Year of a MS4 NPDES Permit Term It is assumed that during the last
Funding Year of the term of each MS4 NPDES Permit, the Permittees and FDEP will commence to
negotiate the provisions of the next MS4 NPDES Permit. As a result, allocation of the Scope of
Services that are required to be provided hereunder may be modified. Due to this uncertainty, each
party's duties and obligations hereunder, together with the funding process for provision of Lead
Permittee Services, will be reexamined during the last Funding Year of the term of each MS4
NPDES Permit.
5.09. Separate Co- Permittee Expenses In addition to the payments required to be paid by
the Co- Permittee to the Lead Permittee pursuant to Sections 5.03 through 5.07, the Co- Permittee
shall be responsible for all other costs and expenses relating to its individual duties and obligations
under a MS4 NPDES Permit, including, but not limited to: (1) all costs of the Co- Permittee's
preparation and submittal of such of its own individual annual report(s) that may be separately
required by a MS4 NPDES Permit, (2) costs of all monitoring that may be the Co- Permittee's
individual responsibility, (3) costs of gathering, compiling, coordinating, and submitting all
necessary data that may be individually required of the Co- Permittee by a MS4 NPDES Permit, and
(4) all other costs of carrying out any other individual responsibility of the Co- Permittee according to
the requirements of a MS4 NPDES Permit.
SECTION SIX
PAYMENT PROCEDURE
The Co- Permittee agrees to pay each of its Funding Year payments as follows:
6.01. First Funding Year The First Funding Year payment for the current MS4 NPDES
Permit Term will be paid in either a single lump sum payment on or before November 15, 2011 or in
twelve (12) equal monthly installments commencing on October 15, 2011, and thereafter on the 15th
day of each subsequent month during the First Funding Year (such payment dates being hereinafter
referred to as "Payment Due Date(s) "). In addition, an alternative payment schedule allowing for
quarterly payments, pursuant to the Procedures found herein may be utilized by the Co- Permittee,
unless and until such time as the Procedures are amended to eliminate said alternate payment
schedule. The initial Funding Year for all future MS4 NPDES Permits shall be referred as the First
Funding Year.
6.02. Subsequent Funding Year Payments Once a Funding Year payment amount has been
agreed upon, the Co- Permittee may, at its option, pay the entire agreed -upon amount in a single lump
sum on or before November 15 of that particular Funding Year, or in twelve (12) equal monthly
installments commencing on October 15th of that Funding Year and thereafter on the 15th day of
each subsequent month during that Funding Year (such payment dates also being hereinafter referred
to as "Payment Due Date(s) "). In addition, an alternative payment schedule allowing for quarterly
payments, pursuant to the Procedures found herein may be utilized by the Co- Permittee, unless and
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until such time as the Procedures are amended to eliminate said alternate payment schedule.
6.03. Additional Costs Since it is possible that following the parties' agreement as to a
particular Funding Year's payment amount, unexpected additional costs and expenses may arise
which will need to be paid in order for the Lead Permittee to carry out its Lead Permittee Services
for that Funding Year, the parties agree as follows:
(i) If the Lead Permittee determines that unexpected additional costs and
expenses must be incurred in order for it to timely provide its Lead Permittee Services, the Lead
Permittee shall promptly notify the Co- Permittee, in writing, of the nature and estimated amount of
the Co- Permittee's allocable share of these unexpected additional costs and expenses, as well as the
Lead Permittee's intent to draw down funds from the Co- Permittee's Reserve Fund Contingency in
order to pay said Co- Permittee's allocable share of the unfunded and unexpected additional costs and
expenses.
(ii) If the Co- Permittee's allocable share of the unexpected additional costs and
expenses exceeds the amount held in the Co- Permittee's Reserve Fund Contingency account, the
Lead Permittee shall address the need for such excess amount in the above subparagraph (i) notice to
the Co- Permittee. The Lead Permittee and Co- Permittee shall then attempt to negotiate a payment
procedure for the unfunded and unexpected additional costs and expenses.
(iii) If the Lead Permittee and Co- Permittee agree as to the need and amount of the
unfunded and unexpected additional costs and expenses, their agreement shall be reduced to writing.
The agreed upon unfunded and unexpected additional costs and expenses shall be paid either by a
lump sum payment within thirty (3 0) days of their agreement in writing or divided by the remaining
months of that particular Funding Year and paid to the Lead Permittee in equal monthly installments
for the remainder of the subject Funding Year.
(iv) If the Lead Permittee and Co- Permittee are not able to timely agree as to the
need and/or amount of the unfunded and unexpected additional costs and expenses, the Lead
Permittee may suspend or terminate this Agreement, at its sole discretion, following the provision of
thirty (30) days prior written notice to the Co- Permittee.
6.04. Failure to Pay Unless otherwise agreed to in writing by and between the parties
hereto, if a Funding Year payment or agreed upon unfunded and unexpected additional costs and
expenses payment is not timely paid within thirty (30) days of a Payment Due Date, the duties and
obligations assumed by the Lead Permittee under the terms of this Agreement may be suspended
and/or terminated by the Lead Permittee, at its sole discretion, following the provision of thirty (3 0)
days prior written notice to the Co- Permittee unless cured by the Co- Permittee by payment in full of
the omitted payment within said thirty (30) day notice time period.
SECTION SEVEN
OPTION TO TERMINATE
7.01. Termination Either party to this Agreement shall have the right to terminate this
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Agreement at will and without cause, provided 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 shall not be effective until said thirty (30)
day prior notice period has elapsed (the "Termination Date "). In addition to the aforementioned
termination rights, the Agreement may be terminated as provided in Sections 5.07, 6.03(iv), and
6.04.
7.02. Effect of Termination In the event of termination of this Agreement by the Co-
Permittee, the Co- Permittee shall thereupon be individually and solely responsible for all
requirements of the applicable MS4 NPDES Permit which are designated therein as the individual
responsibility of said Co- Permittee. Thereafter, the Lead Permittee and other Permittees shall not be
responsible for said terminating Co- Permittee's individual obligations under the applicable MS4
NPDES Permit.
7.03. Costs and Expenses Irrespective of which party elects to terminate this Agreement
or in the event of a failure to pay by the Co- Permittee to the Lead Permittee the amounts due under
and pursuant to the terms of this Agreement, the parties agree that any costs and expenses previously
incurred or obligated to be paid by the Lead Permittee as of the Termination Date shall still be due
and owing and the right to collect said amount(s) shall survive termination of this Agreement.
7.04. Refunds The parties acknowledge that the Lead Permittee anticipates entering into
contracts with one or more consultants or contractors for the provision of services required in order
for the Lead Permittee to provide some or all of its Lead Permittee Services. Since the Co-
Permittee's payments under this Agreement represent only a portion of what the Lead Permittee will
have to pay its consultants and contractors for their services, the Co- Permittee will not be entitled to
receive a refund from the Lead Permittee for any monies that the Co- Permittee has previously paid
pursuant to this Agreement unless the Lead Permittee is able to obtain a reduction in its contractual
obligations with its consultants or contractors as a result of the termination of this Agreement. In
that event, the Lead Permittee shall be obligated to reimburse the Co- Permittee for its allocable share
of the amount of such reduction in costs and expenses.
7.05. Documentation and Data In the event this Agreement is cancelled or terminated, all
documentation and data previously collected by the Lead Permittee in accordance with its duties and
obligations as assumed herein, shall be made available to the Co- Permittee.
SECTION EIGHT
ENFORCEMENT, VIOLATIONS, AND /OR DEFAULT
8.01. Enforcement The designation herein of the Lead Permittee is not intended nor shall
it be construed as authorizing, granting or permitting the Lead Permittee to accept or assume any
powers of enforcement of the applicable MS4 NPDES Permit as to the other party.
8.02. Violations Neither party to this Agreement shall be deemed to have assumed any
liability for any negligent or wrongful acts or omissions of the other party, and in no event shall any
of the provisions of this Agreement be construed as a waiver by either party of its sovereign
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immunity rights or of the liability limits established in Section 768.28, Florida Statutes.
8.03. Dispute Resolution Process Any dispute or conflict between the parties that arises
from any of the terms or conditions of this Agreement, including any exhibits thereto, shall be
presented in writing by the complaining party to the other party. The parties' representatives shall
then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict
prior to either party initiating the intergovernmental conflict resolution process per Ch. 164, F.S., or
litigation or any other formal dispute resolution process.
SECTION NINE
MISCELLANEOUS PROVISIONS
9.01. Notices All notices, requests, consents and other communications required or
permitted under this Agreement shall be in writing and shall be (as elected by the person giving such
notice) hand delivered by prepaid express overnight courier or messenger service, telecommunicated
(including telex, facsimile, telegraphic, or electronic mail (e -mail) communication) with
confirmation of receipt, or mailed by registered or certified mail (postage prepaid), return receipt
requested, to the following addresses:
As to Lead Permittee: Northern Palm Beach County Improvement District
359 Hiatt Drive
Palm Beach Gardens, Florida 33418
Attn: Executive Director
Phone: (561) 624 -7830
Fax: (561) 624 -7839
With a copy to: Betsy S. Burden, Esq.
Caldwell Pacetti Edwards Schoech & Viator LLP
One Clearlake Centre
250 South Australian Avenue, Suite 600
West Palm Beach, Florida 33401
Phone: (561) 655 -0620
Fax: (561) 655 -3775
As to Co- Permittee: Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Attn: Russell White, Public Works Manager
Phone: 561- 768 -0483
Fax: 561- 768 -0708
9.02. Entire Apx'eement This Agreement represents the entire understanding and
agreement between the parties with respect to the subject matter hereof.
9.03. Construction The preparation of this Agreement is considered a joint effort of the
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parties and accordingly this Agreement shall not be construed more severely against one of the
parties than the other.
9.04. Discrimination The Lead Permittee and the Co- Permittee agree that no person shall
on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or
sexual orientation be excluded from the benefits of or be subjected to any form of discrimination
under any activity carried out by the performance of this Agreement.
9.05. 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.
9.06. Assignability The responsibility for carrying out any task assumed by a party to this
Agreement, but not the obligation to pay, may be assigned by the party upon receipt of written
approval from the other party, which approval shall not be unreasonably withheld.
9.07. 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, unless the prohibited or invalid
provision reduces the payment obligations of the Co- Permittee, in which event this Agreement may
be thereupon terminated by the Lead Permittee.
9.08. 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 the Fifteenth Judicial Circuit in and for
Palm Beach County, Florida, and each party hereby waives whatever their respective rights may
have been in the selection of venue.
9.09. Headings The headings contained in this Agreement are for convenience of
reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of
this Agreement.
9.10. Remedies The failure of any party to insist on a strict performance of any of the
terms and conditions hereof shall be deemed a waiver of the rights or 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.
9.11. NPDES Permit. If there is any inconsistency between the terms of this Agreement
and the applicable MS4 NPDES Permit, then the applicable MS4 NPDES Permit shall preempt,
supersede, and control the provisions of this Agreement.
9.12. Counterparts 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
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instrument.
9.13. Clerk of Court A copy of this Agreement shall be filed with the Clerk of the Circuit
Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida.
9.14. Termination of Prior Agreements All previous interlocal agreements entered into
between the parties to this Agreement regarding the application or execution of a MS4 NPDES
Permit shall terminate as of the Effective Date of this Agreement.
9.15. Effective Date This Agreement shall be effective as of the date it is filed with the
Clerk of the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida.
(Balance of Page Intentionally Left Blank.)
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IN WITNESS WHEREOF, the parties have set their hand and seals the day and year
hereafter written.
EXECUTED by Lead Permittee this day of A DO 52011.
ATTEST: NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT
By: By:
Secretary Print:' Ronald M. Ash, President
Title: NPBCID Board of Supervisors
[DISTRICT SEAL]
EXECUTED by Co- Permittee this S-F day of 2011.
ATTEST: VILLAGE OF TEQUESTA
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EXHIBIT "A"
LEAD PERMITTEE RESPONSIBILITIES
The responsibilities of the Lead Permittee as to the implementation and execution of the MS4
NPDES Permit No. FLS000018 are generally as follows:
I. The timely preparation, coordination, and execution of interlocal agreements
necessary to establish and implement the joint activities required by the Permit.
II. The timely preparation, coordination, and submittal to FDEP each year during the
term of this Agreement, of an annual report describing the activities carried out
jointly to fulfill requirements in the permit.
111. The timely preparation, coordination, and distribution of standardized forms and
guidance documents as approved by NPDES Steering Committee to assist permittees
in carrying out the terms of the MS4 NPDES Permit.
IV. The timely preparation, coordination, and execution of a countywide public
education and outreach program required by Part III.A.6, Part III.A.7.e. and Part
III.A.7.f. as approved by the NPDES Steering Committee.
V. The timely preparation and coordination of training materials to fulfill the
requirements of Part III.A.6, Part III.A.7.c, Part III.A.7.d., Part III.A.9.b, and Part
III.A.9.c of the MS4 NPDES permit, as approved by the NPDES Steering
Committee.
VI. The timely preparation, coordination, and submittal to FDEP of major watershed
pollutant load estimates required by Part V.A. of the MS4 NPDES Permit.
VII. The timely preparation, coordination, and execution of a monitoring program
required by Part V.B. of the MS4 NPDES Permit.
VIII. The timely coordination, assessment, monitoring, and execution of activities
associated with FDEP's Total Maximum Daily Load (TMDL Program) as required
by Part VIII.
IX. The preparation and coordination of all MS4 NPDES Steering Committee workshops
and meetings.
X. The timely remittance of all necessary permit fees to FDEP, subject to the timely and
sufficient collection of same for all other permittees.
The Lead Permittee Services described herein may be revised from time to time as required
by each MS4 NPDES Permit, as agreed to in writing between the MS4 NPDES Steering Committee
and Northern Palm Beach County Improvement District, which revisions shall be incorporated
herein and made a part of this agreement.
(Balance of Page Intentionally Left Blank.)
EXHIBIT "B"
RESOLUTION NO. 2011-04
RESOLUTION OF TIM BOARD OF SiJPB WISORB OF
NORTHBRN PALM BEACH COUNTY EWPROVEbWNT DISTRICT
APPROVING THE NPOES 37M MO CxJmacrI T88 ADMINISTRATM
PROCEDURES FOR COLLECTION. MANAGEM11 NT AND DISBURSEMENT
OF N 4= INTERLOCAL ACIREEMIENT FUNDS.
WHEREAS. NORTHER14 PALM BEACH COUNTY 04PIMEMENT
DMRICT C Noethe ") is at mdqa" special district duly owmwd and wMy
aodlftg udder dte Coaadtutio n dad die Lawn of the 810 of Florida, ima uft applicable
provisions of CbapW 298, Florida Statutes, and Cbapter 59 -994, LaWs of F10e3ds, 115
aaartdod and/or snpplemasted9 and
WHEREAS, die United States )snvironmwtgtl PrMoodoa Agency issued its
Nattond Pollutant Discharge Elimiaadon System Permit No. FIS00001= (the - MS4
NP )ES Permit") whidt is applicable to a number of govesumental endties to mad in
Palm Bach County. including Nostban; dad
WHEREAS, the Co- Pemdttew wk mdw up the ®oval bodies subject to
the NPDES Penait have nomiamsd and appohad Northern as the "Lad Permitted' for
the purposes of assisting all C64% mittees is the colIecdon of general data required to be
collecllod pursuant to the M34 NPDES Permit and submission of r 1 - its to do Florida
Deparb*Aw of llaviroamsetttd Protec d= and the United States Environmental Protection
Agency; and
WHEREAS, the Lead Perudttee, Nodrm is cntvft into aaparats Iarericed or
Joint Participation Agivements vd& each of the Co- Perntittees, which Apeemnas set
fbrffi the parties' aspecdve dutin and obligations regarding fidfiNmad of do tams and
conditions ofthe MS4 NPDES Pmrmit ad
WHEREAS, a seven member NPDES Swenng Comsrdtta bas beset selected by
d a Co -Pere em wWob Swaft Coffee is compdad of two (2 rep Of
lags rnUnic%PWit>es. two (2) r p eaeatetives of smaller nmicipwffift, one (1)
representatives of special dlswicM one (1) eve for Palm Beach Canty, and the
Lead Permitteo~ and
WHEREAS, on J==W 19, 2011 rid NPDES Steering Committee, in ordar to
pravide a Ievd of aocovutal lity and fiscal coubd for do bone& of all NPDBS Co-
Permitdees as it raktn to the Intarlocal =dRor Aft Pardek add Agmemoots being
catered into between Northern and arch Co- Pwmibs% adopted Admsteaiv I
Prooedw= fbr the odleodom, monsgiement and Asbaa umm of NPDES Inforlooel
Agreement Fu wk a Use and correct copy of which is attached harms and identified as
die NPDES Steering Cramsmiitee Administied -- a Proceduves; and
WI3BREAS, Nmt%ma bus Napa m pn ted to adopt and comply with die
monad NPDES Steering Committee Administrative Pxeoaedsras for purposes of
adminisoesiog the ft& to be paid to it pint to mach NPDB8 Io wdocal or Joix t
Participadon Agrecumot.
NOW, 11MRBFt M be it resolved by the Board of Supervisors of Neon
Palm Beach Courny hoproveosart Distdct sa ibllows:
I. Northam Palm RNA Gxmty tmpoovrsmem Dharie5t does haraby adopt and
agree 'Do comply with the tangos sod 000ditiama of the NPDES Sbu S Commas
A aim dwe Procedures.
2. That Nord m Palm Bach Canty Impmvm" DiMrlot does hereby
woorporaft by r+ hmm floe NPDES Steering Carmrittee Adsnimietradve Prooedowes Into
each NPDES hMerioad andfa r Joint Participmbom Agreement that it Barters into vnb a Co-
Permitter.
3. All rrsoiutioms err parts of mohrtiamr in cou ict herawitb are hereby repealed.
4. This resolution shall false effect immediately► upon its adopdon.
THIS �WLUTION PASSED AND WAS ADOPTED THE 23RD DAY OF
•PEBIEU�RY` .2011.
L ,
(J)'f TRICT: SEAL) NORMEW PALUd BEACH COUNTY
4 ' DISTRICT
ONal Jr., cm Ash„ Ptaideru
NPDES S'TEERMI C!0MmaTTEE ADIrlII#ilSTRAT WE PROCEDURES
FOR COLLBCnON. MA1VA(iUMT AND D1811iRsBmwr
OF NPDBS D1't7EALOCAL AOREEbG NT FUNDS
Mw NPDES $fig Counifft (which is cosquised of two (2) repeaeem�advas
of hW =mfcoW • two ( q1I PI vms of smaller a..... sinks, one (1)
t+eprawtetive of spe Ad dl im o m s, me (1) nom Jbr Palm BcmA CduWy. good the
Lead Permiuw), hat adopted the woman admioisuIdw proosdtnes in order m provide
a l TI ofaocomlabft and lineal con4ot ferule i m mfiA of the NPDBS t:o- 1'grmitwm
The adlmhdSwdve prooeduems adoped by the Steering Co®miuee m as Hollows:
1 • In addition to
the two (2) pn mmm opiam set Forth is Paragtrnphs 6.01 and 6.42 of the NPDBS
Inte:local Agmemo t. a C *amine shall aim be emitted to siaot to pay to mud
Fundioog Year payments on m eqW gmmdy b wb dli nm bads. if this add>tioosi
pMOW option is salaried by a Co- Permim% the quarterly payments for the Fins
F m ft Yew are ragukod to be paid an or before October 1. 2010, immy 1, 201 1,
Apr4 1. 2011 tad My 1.2011. wid► all Mum Fu Year quarterly payum m to be
paid in aoaer hum with dw same gmudy payumm sdk duk.
NPBCMD win be ismigg oat (1) invaim to so& Co- Pamittee for its annual
Fi I&g Yew m ment Swoued, following which the Co -Pamdn a shell thoa have fty
(30) dqs fi m the debt of imoeipt of the invoice with which to Wed one of the than
(3) pqu tot apdom and to make its initial payment in srwordmm wM the option so
scud
2.
(A) A gwdedy ktome acrd disbu ument nFd shall be ptmpa m 11 by 101M.
The report shall be delivmred to the 8swft C.oatmiuee witldn " (45) days
follovmag the mad of each Pmmftg Year quMw and thereafter distributed by the Ste in
Camamium to the t+eprmamtad*s) of arch Ce-ftmiume as AwdWed in the MMES
lnleclaaal Agreemeas.
(8) The gnwM ty boo end disbmsetacat mpomt shell be pre wW by NPBM
is acootdeme with the famed set farib m attached Attaohmmrt "A."
2 - A9y==mft mpm
shalt be prepared by 1'NPBM. The apart shall be detivmcod so the Steering Cmmiumc
within £o"Svc (45) days tbBowift the and of each Puodiog Year gourd r Dad theca
disutK sd by dw Sleeting Committee so the repemmawdli s) of each C00% mittee as
iden68ed in the NPDBS hdwloasl Apocmart.
4. Rmwm d Friar to KW esTonditurca by
NPBCID of fienda aoeeleined in tiro Rome Fund Ca stiagaaoy soaonnt W in dw
NPM lameel mW Agreamock NPO shall be wqmInd ib suldamt its mpig to the
St a ft Coasmitios members and no" approval from a supw -ff4od y of at bmK five
(5) a(the S6ecdog Committee members.
�. and Homm Nor to NMM inau bS an
obilgstion dW wits r 4dm a C&4*RdNm to pay tmexpeaated additional costs and
expeasea aoceodiug the amo>rast bold In dw Reserve Fund t'.otttingme), NPBCID shall be
required to sab=le to the Stewing Committee the aes m m of dm ev+aet and rho amount of
the mexpeooed additional cost and expense. Upon =Do* of such nodflosatloq the
Stemiag Committee shall P the MOW to the CO- PNWtioos at the next ngalsrly
whOduled Sieeet Caaemifoee NPDSS mndng (unkas it is an aaageW meow in
which anent a special naaeting will be p MV* scheduled and notice F,iven to all Co-
Pecmiam) lbr avasit wadon and omen: by those eep[m I tativp of doe Co- Pomitim
peoasett at dw meting. An affinnadve vots by a simple me�o * Cam., corer 8By puma) of those rope vas of the Co-Pamitt pro em at *a m dag (WA only am (1)
; Powtadm of Oak C4 being entitled required bede�ee NPBCID is actbaeizetato � t°� an tl�se mMOx at Issue) ttvffi ba
required mwgwcied additional go
and expum
6• NPM A&MMO Adegim BmGm. All f dud NPDES
InadoW A Fundlog Yen budgeter sMll be adopted in accordance with tic
�
(A) On or belbre larch l of ad Funft Year, NPBM ftH prepsm and
present to the Steamg Cammitt e a proposed budget for die =9 Pending Year.
(B) The Committee did consWer the proposed next Funding Year
budget at a c+egWw Swatog Committee meeft and open doe mow to dimunion by
dwsc Co -Peen I"W represea�iv+sa pe+esent and attending the meeting,
(C) Ad>op&a of the naxt Amdias YeWs budget shall require the approval of a
super m4o ft of at Ion five (5) members ofdw %win& Caemedtiee.
(D) As a p■rt of the Stmh* Commlaee's cm deradon of to nm Funding
Year's budget and calculation of each Co•Pamiaee's allocable shm and r�espomibiSty
for do funning of die benign#. the Sieving Comemfte may consider doe appliaedou of
Im fiends as a e ram iowaeds each CD4%mf ee's adoaeble Parading
ahaY+es. "Su�rplm Rands" fbr � porlwse: of dais adaoinistraetve g may include
unexpended and u, peesent Fuodi* Year Mends or Itme m Fund
+rraerdn�cp amounts„ plus avcnred ialetest dLetvo% if any.
(E) The $D a ft Committee sail alto bo ruponsft fw appc vb& by a
me4m * of goes Sbwbg Coamm members in alloodom {provided &= is it
guorvW at a Suming Commkwo nwou & um um b
APPROVED AND ADOPTED THIS I# DAY OF JANUARY. 2411,
A�TAT °A*
NPDn QUARTERLY D 4COMM AND DUBUFdMNMNT REPORT
FnCAL YEAR
FOR PROOD TO
CAMLammAnDifto ZZLEM mmy.
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AGREMEN ' FMS
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TOMIXAM AND REVISOM AVAIL ZZ9619mu
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BXiPdAdkMTVJ PAJP,PUAl1MG_ TO
O1lo R PRorBasIONAL FBBS x xx
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OMANUMaAL MINITATION FEES Mix
MAL xxx
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HAC &P Clients \Northern \NPDES\Agreements \Third Term Interlocal Agreements \GENERAL INTERLOCAL AGREEMENTSWillage ofTequesta
S.doc
i
RAO Rick Scott
Florida Department of Governor
x Environmental Protection Jennifer Carroll
Bob Martinez Center Lt. Governor
PLORI #� 4>
=_ 2600 Blair Stone Road
Tallahassee, Florida 32399 -2400 Herschel T. Vinyard Jr.
Secretary
NOTICE OF PERMIT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
In the Matter of an DEP File No. FLS000018 -003
Application for Permit by: Palm Beach County
Russell White
Public Services Manager
Village of Tequesta
136 Bridge Road
Tequesta, Florida 33469
Dear Applicant:
Enclosed is the revised DEP Permit Number FLS000018 -003 to discharge stormwater from the
Municipal Separate Storm Sewer Systems (MS4s) located within Palm Beach County, Florida,
issued under Section 403.0885, Florida Statutes (F.S.) and DEP Rule 62 -624, Florida
Administrative Code (F.A.C.).
Any party to this order (permit) has the right to seek judicial review of the permit under Section
120.68, F.S., by the filing of a Notice of Appeal under Rule 9.110 of the Florida Rules of
Appellate Procedure, with the Clerk of the Department of Environmental Protection, Office of
General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, FL 32303 and
by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the
appropriate district court of appeal. The Notice of Appeal must be filed within thirty (30) days
after this notice is filed with the Clerk of the Department.
Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
- 1 - �g
Director
Division of Water Resource Management
www. dep. state. fl. us
Palm Beach County MS4, Permit Number FLS000018 -003
Notice of Permit
Page 2 of 3
FILING AND ACKNOWLEDGMENT
FILED, on this date, under Section 120.52(7), F.S., with the designated Department Clerk, receipt
of which is hereby acknowledged. �/
Z�1 e- rl /1 yGV 6, -7, j
Name of Department Clerk (print)
Signature Date
CERTIFICATE OF SERVICE
The undersigned duly designated Deputy Clerk hereby certifies that this NOTICE OF PERMIT
and all copies were mailed by certified mail before the close of business on the date indicated
below to the listed persons.
,4 vj L. gn1f
Name of eputy Clerk (print)
G 3 If
Signature Da, e
Enc: State of Florida Municipal Separate Storm Sewer System Permit for Palm Beach
County, FLS000018 -003
Addressees: Mo Thornton, City of Atlantis
Lomax Harrelle, City of Belle Glade
Robert DiChristopher, P.E., City of Boca Raton
Kafi Boateng, P.E., City of Boynton Beach
Dorothy Gravelin, Town of Cloud Lake
David Harden, City of Delray Beach
Cleo Marsh, P.E., Florida Department of Transportation (FDOT) District Four
Jose Quintana, P.E., FDOT Florida's Turnpike Enterprise
Alice McLane, Town of Glen Ridge
Carlos Cedeno, City of Greenacres
William Thrasher, Town of Gulf Stream
James Woods, Town of Haverhill
Dale Sugerman, Town of Highland Beach
Kenneth Schultz, Town of Hypoluxo
Tanya Quickel, Indian Trail Improvement District
Joseph Lo Bello, Town of Juno Beach
David Rotar, Town of Jupiter
Palm Beach County MS4, Permit Number FLS000018 -003
Notice of Permit
Page 3 of 3
John Zuccarelli, Town of Jupiter Inlet Colony
Joann Hatton, Town of Lake Clarke Shores
Maria Davis, Town of Lake Park
Joseph Kroll, City of Lake Worth
Michael Bornstein, Town of Lantana
Greg Dunham, Town of Manalapan
Lee Leffingwell, Town of Mangonia Park
Jorge Santos, Village of North Palm Beach
O'Neal Bardin, Northern Palm Beach County Improvement District
Kenneth Schenck, Town of Ocean Ridge
Matthew Brock, City of Pahokee
Peter Elwell, Town of Palm Beach
Robert Weisman, Palm Beach County
Todd Engle, P.E., City of Palm Beach Gardens
Cynthia Lindskoog, Town of Palm Beach Shores
Bob Hennes, Village of Palm Springs
Vincent Akhimie, City of Riviera Beach
Paul Webster, P.E., Village of Royal Palm Beach
Corey Alston, City of South Bay
Gale English, South Indian River Water Control Dist
Rex Taylor, Town of South Palm Beach
Russell White, Village of Tequesta
Mitchell Fleury, Village of Wellington
John Alford, City of West Palm Beach
Cc: Eric H. Livingston, Program Administrator, NPDES Stormwater Section, DEP
Jan Mandrup - Poulsen, Program Administrator, TMDL Section, DEP (via email)
John Abendroth, Environmental Administrator, Watershed Planning and
Coordination Section, DEP (via email)
Alanna Conley, USEPA Region IV
Mike Mitchell, USEPA Region IV (via email)
Susan Pope, USEPA Region IV (via email)
Tom McGill, USEPA Region IV (via email)
Alan D. Wertepny, P.E., Mock, Roos & Associates, Inc.
Christine Garrow Rikhy, SAIC (via email)
Robert van den Akker, SAIC (via email)
SAIC Contract File
STATE OF FLORIDA
MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT
FACILITY NAME:
Palm Beach County MS4
PERMIT NUMBER: FLS000018 -003 — MAJOR Facility
ISSUANCE DATE: March 2, 2011
EXPIRATION DATE: March 1, 2016
PERMITTEES:
Atlantis, City of Belle Glade, City of
260 Orange Tree Drive 110 Dr. Martin Luther King, Jr. Boulevard
Atlantis, Florida 33462 -1193 Belle Glade, Florida 33430
Boca Raton, City of Boynton Beach, City of
2500 NW 1St Avenue 124 East Woolbright Road
Boca Raton, Florida 33431 Boynton Beach, Florida 33435
Cloud Lake, Town of Delray Beach, City of
100 Lang Road 100 NW 1St Avenue
Cloud Lake, Florida 33406 Delray Beach, Florida 33444
Florida Department of Transportation Florida Department of Transportation
District Four Florida's Turnpike Enterprise
3400 West Commercial Boulevard Post Office Box 9828
Fort Lauderdale, Florida 33309 Fort Lauderdale, Florida 33310
Glen Ridge, Town of Greenacres, City of
1501 Glen Road 5750 Melaleuca Lane
Glen Ridge, Florida 33406 Greenacres, Florida 33463
Gulf Stream, Town of Haverhill, Town of
100 Sea Road 4585 Charlotte Street
Gulf Stream, Florida 33483 Haverhill, Florida 33417 -5911
Highland Beach, Town of Hypoluxo, Town of
3614 South Ocean Boulevard 7580 South Federal Highway
Highland Beach, Florida 33487 Hypoluxo, Florida 33462
Indian Trail Improvement District Juno Beach, Town of
13476 61st Street North 340 Ocean Drive
West Palm Beach, Florida 33412 -1915 Juno Beach, Florida 33408
Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003 • '
r
Jupiter, Town of Jupiter Inlet Colony, Town of
210 Military Trail 1 Colony Road
Jupiter, Florida 33458 Jupiter Inlet Colony, Florida 33469 -3507
Lake Clarke Shores, Town of Lake Park, Town of
1701 Barbados Road
535 Park Avenue
West Palm Beach, Florida 33406 Lake Park, Florida 33403
Lake Worth, City of Lantana, Town of
1749 3rd Avenue South 500 Greynolds Circle
Lake Worth, Florida 33460 Lantana, Florida 33462
Manalapan, Town of Mangonia Park, Town of
600 South Ocean Avenue 1755 East Tiffany Drive
Manalapan, Florida 33462 Mangonia Park, Florida 33407
North Palm Beach, Village of Northern Palm Beach County Improvement District
645 Prosperity Farms Road 359 Hiatt Drive
North Palm Beach, Florida 33408 Palm Beach Gardens, Florida 33418
Ocean Ridge, Town of Pahokee, City of
6450 North Ocean Boulevard 171 North Lake Avenue
Ocean Ridge, Florida 33435 Pahokee, Florida 33476
Palm Beach, Town of Palm Beach County
360 South County Road 301 North Olive Avenue
Palm Beach, Florida 33480 West Palm Beach, Florida 33401
Palm Beach Gardens, City of Palm Beach Shores, Town of
10500 North Military Trail 247 Edwards Lane
Palm Beach Gardens, Florida 33411 Palm Beach Shores, Florida 33404
Palm Springs, Village of Riviera Beach, City of
226 Cypress Lane 2391 Avenue L
Palm Springs, Florida 33461 Riviera Beach, Florida 33404
Royal Palm Beach, Village of South Bay, City of
10996 Okeechobee Boulevard 335 S.W. Second Avenue
Royal Palm Beach, Florida 33411 South Bay, Florida 33493
South Indian River Water Control District South Palm Beach, Town of
15600 Jupiter Farms Road 3577 South Ocean Boulevard
Jupiter, Florida 33478 -9399 South Palm Beach, Florida 33480
Tequesta, Village of Wellington, Village of
136 Bridge Road 14000 Greenbriar Boulevard
Tequesta, Florida 33469 Wellington, Florida 33414
2
I
' Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
West Palm Beach, City of
1045 Charlotte Avenue
West Palm Beach, Florida 33402
This permit is issued pursuant to Section 403.0885, Florida Statutes (F.S.), and rules
promulgated thereunder. The Department of Environmental Protection (Department)
implements the stormwater element of the federal National Pollutant Discharge Elimination
System ( NPDES). The stormwater element of the federal NPDES program is mandated by
Section 402(p) of the Clean Water Act (CWA), which is set out in the federal statutes at 33 U.S.C.
Section 1342(p) and implemented through federal regulations including 40 Code of Federal
Regulations (CFR) 122.26.
Authorized by Section 403.0885, F.S., the Department's federally approved NPDES stormwater
program is set out in various provisions within Chapters 62 -4, 62 -620, 62 -621 and 62 -624 of the
Florida Administrative Code (F.A.C.). Chapter 62 -624, F.A.C., specifically addresses Municipal
Separate Storm Sewer Systems (MS4s).
The above named permittees are hereby authorized to discharge stormwater to waters of the
State, in accordance with the approved Stormwater Management Programs (SWMPs), effluent
limitations, monitoring requirements, and other provisions as set forth in this permit, the
application and other documents attached hereto or on file with the Department and made a
part hereof, from all portions of the MS4 owned or operated by any permittee listed above.
�I
I
3
I
Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
PART I. DISCHARGES AUTHORIZED UNDER THIS PERMIT
A. Permit Area.
This permit covers all areas located within the political boundary of Palm Beach County
that are served by the MS4s owned or operated by the permittees identified above.
Palm Beach County Co- Permittees
City of Atlantis Town of Hypoluxo"
City of Belle Glade Town ofJuno Beach
City of Boca Raton Town ofJupiter
City of Boyton Beach Town of Jupiter Inlet Colony
City of Delray Beach Town of Lake Clarke Shores
City of Greenacres Town of Lake Park
City of Lake Worth Town of Lantana
City of Pahokee Town of Manala pan
City of Palm Beach Gardens Town of Mangonia Park
City of Riviera Beach Town of Ocean Ridge
City of South Bay Town of Palm Beach
City of West Palm Beach Town of Palm Beach Shores
FDOT District 4' Town of South Palm Beach
FDOT Florida's Turnpike Enterprise' Village of North Palm Beach
Indian Trail Improvement District' Village of Palm Springs
Northern Palm Beach County Village of Royal Palm Beach
Improvement District` Village of Tequesta
South Indian River Water Control District' Village of Wellington /
Town of Cloud Lake W
Town of Glen Ridge
Town of Gulf Stream
Town of Haverhill 'Does not appear on the map. There is
Town of Highland Beach no shape file available atthistime.
8�
B. Authorized Discharges.
Except for discharges prohibited under Part I.D, this permit authorizes all existing
stormwater point source discharges to waters of the State from those portions of the
MS4s owned or operated by the permittees. New stormwater discharges are authorized
provided they meet all applicable requirements of the South Florida Water Management
District environmental resource permitting program authorized pursuant to Part IV of
Chapter 373, F.S.
4
i
I
I
Palm Beach County MS4 Final Permit
Permit Number: FLS000018 -003
C. Permittee Responsibility
1. Permittees are individually responsible for:
a. Compliance with permit conditions relating to discharges from portions
of the MS4 where they are the operator;
b. Implementation of their SWMP on portions of the MS4 where they are the
operator;
c. Where permit conditions are established for specific portions of the MS4,
the permittees need only comply with the permit conditions relating to
those portions of the MS4 for which they are the operator;
d. A plan of action to assume responsibility for implementation of
stormwater management and monitoring programs on their portions of
the MS4 should inter jurisdictional agreements allocating responsibility
between permittees be dissolved or in default. (See Part II.G.3 of this
permit also.); and
e. Submission of annual reports as specified in Part VI (Reporting
Requirements).
2. Permittees may be jointly responsible for:
a. Collection of monitoring data as required by Part V.B; and
b. Insuring implementation of system -wide management program elements,
including any system -wide public education efforts.
D. Limitations on Coverage.
Pursuant to Section 403.0885, F.S., and rules promulgated thereunder, and consistent
with Section 402(p)(3)(B)(ii) of the CWA, this permit must include a requirement to
effectively prohibit non - stormwater discharges into the storm sewers within each
permittee's MS4. Consequently, this permit does not authorize the following discharges:
1. Non- stormwater: Discharges of non - stormwater, except where such discharges
are:
a. Authorized under the provisions of Chapter 373 or 403, F.S. or rules
promulgated thereunder; or
b. Identified by and in compliance with Part II.A.7.a.
2. Spills: Discharges of material resulting from a spill, except where such
discharges are:
5
Palm Beach County MS4 Final Permit
Permit Number: FLS000018 -003
a. The result of an Act of God where reasonable and prudent measures have
been taken to minimi the impact of the discharge; or
b. An emergency discharge required to prevent imminent threat to human
health or prevent severe property damage, where reasonable and prudent
measures have been taken to minimize the impact of the discharge.
i
6
' Palm Beach County MS4 Final Permit
Permit Number: FLS000018 -003
PART II. STORMWATER POLLUTION PREVENTION AND MANAGEMENT
PROGRAMS
Each permittee shall implement a Stormwater Management Program (SWMP) that shall include
pollution prevention measures, treatment or removal techniques, stormwater monitoring, use of
legal authority, and other appropriate means to control the quality of stormwater discharged
from the MS4.
Controls and activities in the SWMP shall identify areas of permittee jurisdiction. The SWMP
shall include controls necessary to effectively prohibit the discharge of non - stormwater into the
MS4 and reduce the discharge of pollutants from the MS4 to the Maximum Extent Practicable
(MEP). Compliance with the SWMP shall be reported annually in the ANNUAL REPORT
discussed in Part VI of this permit.
Implementation of the SWMP may be achieved through participation with other permit
holders, public agencies, or private entities in cooperative efforts to satisfy the requirements of
Part II and Part III of the permit in lieu of creating duplicate program elements for each
individual permittee. However, each permittee remains responsible for annually reporting on
the program elements conducted by the other entity within its jurisdictional area and
maintaining documentation of the activity. Each SWMP, taken as a whole, shall achieve the
"effective prohibition" requirements and "MEP" standards from Section 402(p)(3)(B) of the
CWA, as implemented pursuant to Section 403.0885, F.S., and rules promulgated thereunder.
Each SWMP covers the term of the permit and shall be updated as necessary, or as required by
the Department, to ensure that it complies with Section 403.0885, F.S., and rules promulgated
thereunder, and is consistent with Section 402(p)(3)(B) of the CWA. Modifications to the SWMP
shall be made in accordance with Part II.G of this permit. Compliance with the SWMP and the
compliance schedules in Part III shall be deemed in compliance with Parts II.A and II.B of the
permit. The Florida Department of Transportation's (FDOT) 2005 Statewide Stormwater
Management Program for MS4 Permits, or the subsequent revised program that is submitted
and approved by the Department, is hereby incorporated into this permit by reference, and thus
its contents are enforceable elements of the permit. Specific components of the SWMP are
identified in Parts II and III to serve as measurable and enforceable elements of this permit.
A. Stormwater Management Program (SWMP) Requirements
1. Structural Controls and Stormzater Collection System Operation: The MS4 and any
stormwater structural control shall continue to be operated by the permittees in a
manner to reduce the discharge of pollutants (including floatables) to the MEP.
a. Each permittee, except FDOT District Four and FDOT Florida's Turnpike
Enterprise, shall comply with the applicable inspection and maintenance
requirements in Table II.A.La — Inspection And Maintenance Schedule
For Structural Controls And Roadways for those controls operated by the
permittee. FDOT District Four and FDOT Florida's Turnpike Enterprise
shall comply with the inspection and maintenance requirements in Table
II.A.La, or with the inspection and maintenance schedule as included in
7
Palm Beach County MS4 Final Permit
Permit Number: FLS000018 -003
the revised and approved FDOT Statewide Stormwater Management
Program that specifies minimum inspection frequencies.
8
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Palm Beach County MS4 Final Permit Permit Number: FLS00001 8-003
1. Structural Controls and Stormwater Collection System Operation: (continued)
b. Additionally, to satisfy the requirements of this section, the permittees
shall continue to implement the SWMP elements identified in Part III.A.1
of this permit.
2. Areas of New Development and Signfcant Redevelopment: The permittees shall
continue the comprehensive master planning process (or equivalent) to reduce
the stormwater discharge of pollutants from MS4s, which receive discharges
from areas of new development and significant redevelopment, after
construction is completed to the MEP.
a. To satisfy the requirements of this section, the permittees shall continue to
implement the SWMP elements identified in Part III.A.2 of this permit.
3. Roadways: Public streets, roads, and highways, including rights -of -way, shall
continue to be operated and maintained by the permittees in a manner to reduce
the discharge of pollutants in stormwater to the MEP.
I
a. To satisfy the requirements of this section, the permittees shall continue
to implement the SWMP elements identified in Part III.A.3 of this permit.
4. Flood Control Projects: The permittees shall continue to assure that flood
management projects assess the impacts on the water quality of receiving water
bodies and meet current Environmental Resource Permitting rules of the South
Florida Water Management District for stormwater treatment. Existing
structural flood control devices shall be evaluated to determine if retrofitting the
device to provide additional pollutant removal from stormwater is needed or
feasible.
a. To satisfy the requirements of this section, the permittees shall continue
to implement the SWMP elements identified in Part III.A.4 of this permit.
5. Municipal Waste Treatment, Storage, or Disposal Facilities Not Covered By An NPDES
Stormwater Permit: The permittees shall continue to implement a program to
reduce pollutants in stormwater discharges from facilities that handle municipal
waste not covered by an NPDES stormwater permit through procedures to
evaluate, inspect, and monitor these facilities to the MEP.
a. To satisfy the requirements of this section, the permittees shall continue
to implement a program as identified in Part III.A.5 of this permit.
6. Pesticide, Herbicide, and Fertilizer Application: The permittees shall continue to
implement controls to reduce the stormwater discharge of pollutants related to
the storage and application of pesticides, herbicides, and fertilizers applied by
employees or contractors to public property to the MEP.
19
Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
a. To satisfy the requirements of this section, the permittees shall continue
to implement the SWMP elements identified in Part III.A.6 of this permit.
7. Illicit Discharges and Improper Disposal: The permittees shall continue the ongoing
program to detect and eliminate (or require the discharger to the MS4 to
eliminate) illicit discharges and improper disposal into the MS4 to reduce
pollutants discharged to the MS4 to the MEP.
a. Inspection, Ordinances, and Enforcement Measures: Non - stormwater
discharges to the MS4 shall continue to be effectively prohibited by the
permittees through the use of inspections, ordinances, and enforcement.
The permittees, however, may allow the following non - stormwater
discharges to the MS4 where they are not identified as a source of
pollutants to waters of the State:
Water line flushing;
• Landscape irrigation;
• Diverted stream flows;
Rising ground waters;
Uncontaminated ground water infiltration (as defined at
40 CFR 35.2005(20)) to separate storm sewers;
Uncontaminated pumped ground water;
Discharges from potable water sources;
Foundation drains;
Air conditioning condensate;
Irrigation water;
• Springs;
Water from crawl space pumps;
Footing drains;
Lawn watering;
Individual residential car washing;
Flows from riparian habitats and wetlands;
Dechlorinated swimming pool discharges;
• Street wash waters;
• Discharges or flows from emergency fire fighting activities;
Reclaimed water line flushing authorized pursuant to a permit
issued under the authority of Rule 62 -610, F.A.C.; and
Flows from uncontaminated roof drains.
To satisfy the requirements of this section, the permittees identified in
Part III.A.7.a of the permit shall:
(1) Continue assessment of the non - stormwater discharges listed
under Part II.A.7.a (above), as well as any other non - stormwater
discharges, which will be allowed to be discharged to the MS4.
20
Palm Beach County MS4 Final Permit
Permit Number: FLS000018 -003
(2) Continue to enforce ordinances that prohibit illicit connections
and illegal dumping into the MS4, as per the schedule in Part
III.A.7.a of this permit.
b. Dry Weather Field Screening Program: ** *RESERVED * ** Florida's
hydrologic and water table conditions make dry weather field screening
impossible in many areas. Instead, the Department has concluded that
more environmental benefits can be achieved through the
implementation of a proactive illicit discharge detection program, which
is set forth in the remaining sections of Part II.A.7 of this permit. The
permittees performed dry weather field screening during their first
permit term. The Department shall incorporate additional dry weather
field screening into the permit as necessary.
C. Inspection and Investigation of Suspected Illicit Discharges and /or Improper
Disposal: The permittees shall continue to implement the program
developed to identify and eliminate source(s) of illicit discharges, illicit
connections and dumping to the MS4 through a proactive inspection
schedule and through investigations into reports of suspected illicit
activity.
(1) To satisfy the requirements of this section, the permittees shall
continue to implement the SWMP elements identified in Part
III.A.7.c of this permit.
d. Spill Prevention and Response: The permittees shall continue to implement
procedures to prevent, contain, and respond to spills that may discharge
into the MS4.
(1) To satisfy the requirements of this section, the permittees shall
continue to implement the SWMP elements identified in Part
III.A.7.d of this permit.
e. Public Notification: The permittees shall continue to implement a program
to promote, publicize, and facilitate public reporting of illicit discharges.
(1) To satisfy the requirements of this section, the permittees shall
continue to implement the SWMP elements identified in Part
III.A.7.e of this permit.
f. Oils, Toxics, and Household Hazardous Waste Control: The permittees shall
continue to effectively prohibit the discharge or disposal of used motor
vehicle fluids, household hazardous wastes, and lead acid batteries into
the MS4.
21
Palm Beach County MS4 Final Permit Permit Number: FLS000018-00
(1) To satisfy the requirements of this section, the permittees shall
continue to implement the SWMP elements identified in Part
III.A.7.f of this permit.
g. Limitation of Sanitary Sezuer Seepage: The permittees shall continue to
prevent (or require the operator of the sanitary sewer to eliminate)
unpermitted discharges of dry and wet weather overflows from sanitary
sewers into the MS4. Each permittee shall eliminate the inflow/
infiltration from collection/ transmission systems and /or septic tanks
into the MS4 to the MEP.
(1) To satisfy the requirements of this section, the permittees shall
continue to implement the SWMP elements identified in Part
III.A.7.g of this permit.
8. Industrial and High Risk Runoff: The permittees shall continue to implement a
program to identify and control pollutants in stormwater discharges to the MS4
to the MEP from any operating municipal landfill(s); hazardous waste treatment,
storage, disposal and recovery facilities; facilities that are subject to EPCRA Title
III, Section 313; and any other industrial or commercial discharge that the
permittees determine is contributing a substantial pollutant loading to the MS4.
To satisfy the two (2) requirements of this section:
a. Identification of Priorities and Procedures for Inspections: The permittees
shall implement the SWMP elements identified in Part III.A.8.a of this
permit.
b. Monitoring of High Risk and Industrial Facilities: The permittees shall
implement the SWMP elements identified in Part III.A.8.b of this permit.
9. Construction Site Runoff. The permittees shall continue to implement a program
to reduce the discharge of pollutants from construction sites to the MEP.
a. Site Planning and Non - structural & Structural Best Management Practices:
The permittees shall continue to require the use and maintenance of
appropriate structural and non - structural best management practices to
reduce pollutants discharged to the MS4 during the time of construction.
(1) To satisfy the requirements of this section, the permittees shall
implement the SWMP elements identified in Part III.A.9.a of this
permit.
b. Inspection and Enforcement: The permittees shall continue to implement a
program for inspecting construction sites and enforcing the requirements
for stormwater runoff control measures.
22
Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
(1) To satisfy the requirements of this section, the permittees shall
implement the SWMP elements identified in Part III.A.9.b of this
permit.
C. Site Operator Training: The permittees shall continue to provide
appropriate education and training measures for those associated with
the review, implementation, and inspection of proper stormwater,
erosion, and sedimentation control measures at construction sites.
(1) To satisfy the requirements of this section, the permittees shall
implement the SWMP elements identified in Part III.A.9.c of this
permit.
B. Area - specific Stormwater Management Program Requirements
** *RESERVED * ** This section may be reopened or revised in
accordance with Part VII of this permit.
C. Deadlines for Program Compliance.
Except as provided in Part III, compliance with the SWMP shall be required upon permit
issuance.
D. Roles and Responsibilities of Permittees
The SWMP, together with any interagency agreements or interagency agreements
developed subsequent to the effective date of the permit, shall clearly identify the roles
and responsibilities of the permittee, where applicable.
E. Legal Authority.
To the extent allowed by law, each permittee shall continue to ensure legal authority to
control discharges to and from those portions of the MS4 over which it has jurisdiction.
This legal authority may be a combination of statute, ordinance, permit, contract, order
or inter- jurisdictional agreements between permittees with adequate existing legal
authority to accomplish Items 1 - 6 below. A permittee can rely on the legal authority of
another entity if it allows the permittee, or another entity under a written agreement, to
effectively prohibit and enforce as necessary.
1. Control the contribution of pollutants to the MS4 by stormwater discharges
associated with industrial activity, including construction sites, and the quality of
stormwater discharged from these facilities /sites;
2. Prohibit illicit discharges and illicit connections to the MS4;
23
Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
3. Control the discharge of spills and the dumping or disposal of materials other
than stormwater (e.g., industrial and commercial wastes, trash, used motor
vehicle fluids, leaf litter, grass clippings, animal wastes, etc.) into the MS4;
4. Control through interagency or inter- jurisdictional agreements between
permittees the contribution of pollutants from one portion of the MS4 to another;
5. Require compliance with conditions in ordinances, permits, contracts or orders;
and
6. Carry out all inspection, surveillance and monitoring procedures necessary to
determine compliance with permit conditions.
F. Stormwater Management Program Resources.
Each permittee shall undertake annually an analysis of the financial and staffing
resources needed to successfully implement its activities under its SWMP. If program
resources have been decreased from the previous year, a discussion of the impacts on
the implementation of the SWMP shall be provided. Each permittee shall also have a
source of funding for implementing all the other requirements included within this
permit.
G. Stormwater Management Program Review and Modification.
1. Program Review: Each permittee shall continue to participate in an annual review
of the current SWMP in conjunction with preparation of the ANNUAL REPORT
required under Part VI of the permit.
2. Program Modification: Each permittee may modify its SWMP during the life of the
permit in accordance with the following procedures:
a. Modifications adding (but not subtracting nor replacing) components,
controls, or requirements to the approved SWMP may be made by the
permittees at any time. A description of the modification shall be
included within the subsequent ANNUAL REPORT.
b. Modifications replacing or deleting components, controls, or
requirements (such as an ineffective or unfeasible BMP or maintenance
schedule) with an alternate BMP or schedule may be requested by the
permittees in any ANNUAL REPORT. A description of the replacement
BMP or schedule shall be included in the ANNUAL REPORT along with
the following information:
(1) An analysis of why the former BMP or schedule was ineffective or
infeasible (including cost prohibitive);
24
` Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
(2) Expectations on the effectiveness of the replacement BMP or
schedule; and
(3) An analysis of why the replacement BMP or schedule is expected
to achieve the goals of the BMP that was replaced.
C. Written approval from the Department must be received prior to
implementing a modification requested pursuant to sub - paragraph b.,
above.
d. Modifications requested within the ANNUAL REPORT shall be signed in
accordance with Rule 62- 620.305, F.A.C., by the directly affected
permittees, and shall include a certification that all affected permittees
were given an opportunity to comment on proposed changes.
3. Transfer of Ownership, Operational Authority, or Responsibility for Stormwater
Management Program Implementation: The permittees shall implement the SWMP
on all new areas added to their portion of the MS4 (or for which they become
responsible for implementation of stormwater quality controls) as expeditiously
as practicable. Transfer of ownership shall be in accordance with Rule 62-
620.610(14), F.A.C.
H. Recordkeeying Requirements
The permittees shall maintain the following records for the MS4 for a minimum of three
years from the date the report or record was prepared including:
1. Copies of all reports required by this permit;
2. All SWMP operation and maintenance records;
3. All sampling and analytical records;
4. Records of all data, including reports and documents used to complete the
application for the permit; and
5. All original recordings for any continuous monitoring instrumentation.
25
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O
Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
B. Compliance with Effluent Limitations.
** *RESERVED * **
PART IV. NUMERIC EFFLUENT LIMITATIONS
** *RESERVED * **
76
Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
PART V. MONITORING REQUIREMENTS
A. Annual Loadings and Event Mean Concentrations
1. The permittees shall provide estimates of the annual pollutant load and of the
event mean concentration for the constituents listed in Table V.A.1—Parameters
for each "major outfall" or "major watershed" within the MS4. The annual
pollutant load and event mean concentration (EMC) for each major outfall or
watershed shall be estimated using local EMCs derived from storm event
monitoring or the State's EMCs listed in the Statewide Stormwater Rule
Applicant's Handbook, and shall take into consideration land uses within the
drainage areas associated with the outfall or watershed. For the purposes of this
permit, a "major watershed" is defined as an area bounded peripherally by a
water parting (i.e., ridge) and draining to a particular water course or body of
water. A major watershed shall encompass a named major water course or may
consist of a coastal area draining directly into a lagoon or the ocean. A major
watershed must contain at least one major outfall. For the purposes of this
permit, a "major outfall" is defined under Rule 62- 624.200(5), F.A.C.
TABLE V.A. 1 —PARAMETERS
Biochemical Oxygen Demand (BOD ( m /L)
Total Copper (m /L)
Total Nitrogen (as N) (m / L)
Total Phosphorus (m / L)
Total Suspended Solids (TSS) (m /L)
Total Zinc (m /L)
2. The estimates of annual pollutant loadings and EMCs shall be included in the
ANNUAL REPORT for Year 3 of the permit. The permittees shall include in the
Year 3 ANNUAL REPORT a table comparing the current calculated annual
pollutant loadings with those from the previous two Year 3 ANNUAL
REPORTS, and shall specify the source of the EMCs and data used for each of the
three calculations. Based on this comparison the permittees shall indicate
whether pollutant loadings are increasing or decreasing for each major outfall or
major watershed. This information shall be used in evaluating the effectiveness
of each permittee's SWMP as required by Parts V.13.1 and VI.B.2 of this permit.
3. If the total annual pollutant loadings have not decreased over the past two
permit cycles, each permittee shall re- evaluate its SWMP and identify and submit
revisions to its SWMP, as appropriate, to reduce pollutant loadings, especially to
impaired waters, in the Year 4 ANNUAL REPORT.
B. Monitoring Program
1. Monitoring Program Objective: The monitoring program is intended to assist the
permittees in determining the overall effectiveness of the SWMP being
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Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003 - •
implemented under this permit, to assist them in identifying and prioritizing
portions of the MS4 requiring additional controls, and to evaluate load
reductions that have occurred during the permit period. The monitoring
program is also intended to identify local sources where urban stormwater is
adversely affecting surface water resources.
2. Monitoring Program Requirements: The existing monitoring plan that was
approved by the Department on October 23, 2003 (modifications approved on
November 10, 2009) shall continue to be implemented by the permittees upon
issuance of the permit. Given the new requirements in this permit for water
bodies with EPA - established or adopted TMDLs, the permittees may modify or
develop a new plan for submittal, review, and approval by the Department.
3. Submission of the Monitoring Plan for Review: The permittees shall submit a copy
of the existing Monitoring Plan, including any suggested changes to improve the
plan, as an attachment to the Year 4 ANNUAL REPORT. The revised plan shall
be prepared in accordance with the Department's Guidance For Preparing
Stormwater Monitoring Plans As Required For Phase I Municipal Separate Storm Sewer
System (MS4) Permits (dated August 1, 2009). The Department will review how
well the existing Monitoring Plan measures the effectiveness of the SWMP as
part of the permit reissuance process. Specifically, the submission of the
monitoring plan shall:
a. Include any requested changes and the rationale for each change;
b. Identify any additional monitoring that needs to be completed to assist in
the evaluation of the effectiveness of the SWMP;
C. Based on an analysis of the monitoring results, identify any areas or
drainage basins within the boundaries of the MS4 that should be targeted
for corrective action(s). If applicable, specify what corrective actions
should be completed and a timetable for implementation. Corrective
action(s) include but are not limited to retrofits, structural BMPs, and
non - structural BMPs (e.g., public education, street sweeping); and
d. Based on an analysis of the monitoring results, identify any evidence of
water quality and /or pollutant loading improvements or degradation
over the permit period or a statement indicating that the results are
inconclusive.
4. Changes to Existing Monitoring Plan: Requests for changes to the permittees'
existing Monitoring Plan shall be made to the Department in writing and shall
include the rationale for the requested change.
5. Monitoring Program Coordination: The monitoring requirements may be
coordinated and shared between MS4 permittees or assigned to selected
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Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
permittees via an interlocal agreement. The permittees may also work in
partnership with non - permitted entities.
6. Monitoring Data and Recordkeeping: Field testing, sample collection, preservation,
laboratory testing, including quality control procedures and all record keeping,
shall comply with Rule 62 -160, F.A.C. Records of all monitoring data shall be
maintained for at least three years from the date of sampling or measurement.
Ambient monitoring data shall be entered into DEP STORET (or successor) at
least annually.
7. Sample Analysis: All samples shall be collected and analyzed in accordance with
the methods specified at 40 CFR Part 136 as incorporated by reference by Rule
62- 620.100(3)(j), F.A.C. and the Department's Quality Assurance requirements as
detailed in Rule 62 -160, F.A.C.
8. Sampling Waiver: In the event a permittee is unable to collect samples due to
circumstances beyond the permittee's control, the permittee must submit in lieu
of sampling data, a description of why samples could not be collected, including
available documentation of the event. Circumstances beyond the control of a
permittee may include adverse climatic conditions that may prohibit the
collection of samples (i.e., drought) and weather conditions that create
dangerous conditions for personnel (i.e., local flooding, high winds, hurricane,
tornadoes, electrical storms, etc.) that otherwise make the collection of samples
impracticable.
9. Reporting and Assessment of Monitoring Results: Each ANNUAL REPORT shall
include a monitoring summary. Specifically, the monitoring summary shall:
a. Provide a summary of the monitoring data from the reporting year; and
b. Provide a long -term assessment of water quality and /or pollutant
loading improvements or degradation based on data gathered and
analyzed as a result of the monitoring program. For the purposes of the
annual report monitoring summary, "long- term" can be defined by the
permittees (e.g., 5- years, 10- years, 15- years, etc.).
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Palm Beach County MS4 Final Permit
Permit Number: FLS000018 -003 ' • ` "
PART VI. REPORTING REQUIREMENTS
A. Annual Re)ort• Reporting Period and Due Date.
Each permittee shall prepare an ANNUAL REPORT to be submitted by no later than six
months following the period covered by the report. The Year 1 ANNUAL REPORT
shall cover the period from the date of permit issuance until September 30, 2011. All
subsequent ANNUAL REPORTS shall cover the 12 -month period from October 1st
through September 30th beginning on October 1, 2011 and annually thereafter. Each
permittee shall submit one signed hard copy of the ANNUAL REPORT.
B. Annual Report: Content.
1. The ANNUAL REPORT shall be prepared in accordance with the requirements
of Rule 62- 624.600, F.A.C.
2. The ANNUAL REPORT shall include as an attachment an evaluation of the
effectiveness of the permittee's SWMP in reducing pollutant loads discharged
from the MS4. At a minimum, the permittee shall attach to the ANNUAL
REPORT an explanation of how its SWMP is addressing each of the following:
a. Have stormwater pollutant loadings discharged from the MS4 decreased?
Why or why not?
b. Which components of the SWMP are working well and are effective in
reducing stormwater pollutant loadings? Why are they effective?
C. Which components of the SWMP are not working well and need to be
revised to make them more effective in reducing stormwater pollutant
loadings?
d. Which components of the SWMP do not contribute to reducing
stormwater pollutant loads and could be revised or eliminated, and why?
e. Is the monitoring program providing data that can be used to assess the
effectiveness of the SWMP in reducing stormwater pollutant loadings,
assess the effectiveness of specific BMPs, and determine where
stormwater retrofitting projects should be prioritized for
implementation?
3. The ANNUAL REPORT shall include as an attachment the reporting and
assessment of the monitoring results in accordance with Part V.13.9 of the permit.
4. Where a SWMP activity is being performed by another entity on behalf of a
permittee, the permittee remains responsible for reporting on the activities
performed by the other entity and maintaining documentation of the activities.
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Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
5. The Department may require additional reporting in the ANNUAL REPORT for
discharges to impaired waters, especially those with an adopted Total Maximum
Daily Load (TMDL) or Basin Management Action Plan (BMAP) in accordance
with Part VIILB of the permit.
C. Annual Report: Certification and Signature
All reports required by the permit and other information requested by the Department
shall be signed and certified in accordance with Rule 62- 620.305, F.A.C.
D. Annual Report: Where to Submit
Signed copies of the ANNUAL REPORT required by Part VLA and any other
information requested by the Department shall be submitted to:
Florida Department of Environmental Protection
NPDES Stormwater Section, Mail Station 2500
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
E. Additional Notification.
* ** RESERVED * **
81
Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003 ' • •
PART VII. OTHER SPECIFIC CONDITIONS
A. Revision of Permit Conditions.
The permit may be revised in accordance with Rule 62- 620.325, F.A.C. Modifications to
the SWMP do not require revision to the permit and can be authorized pursuant to Part
II.G of this permit.
B. Reopener Clause.
1. This permit may be reopened and revised for good cause as defined in Rule 62-
620.325, F.A.C.
2. The permit may be reopened and revised during the life of the permit to:
a. Adjust effluent limitations or monitoring requirements should future
adopted total maximum daily load (TMDL), water quality studies, the
Department- approved changes in water quality standards, or other
information show a need for a different limitation or monitoring
requirement;
b. Address impacts on receiving water quality caused, or contributed to, by
discharges from the MS4;
C. Address changes in State or Federal statutory or regulatory requirements;
or
d. Include the addition of a new permittee who is the owner or operator of a
portion of the MS4.
C. Dui to Reap2ly.
1. The permittees shall submit an application to renew this permit at least 180 days
before the expiration date of this permit, or in the Year 4 ANNUAL REPORT.
Reapplication must be in accordance with Rule 62- 624.420, F.A.C.
2. A complete application filed in accordance with subsection 1 of this section shall
be considered timely and sufficient. When an application for renewal of a permit
is timely and sufficient, the existing permit shall not expire until the Department
has taken final action on the application for renewal or until the last day for
seeking judicial review of the agency order or a later date fixed by order of the
reviewing court.
3. The late submittal of a renewal application shall be considered timely and
sufficient for the purpose of extending the effectiveness of the expiring permit
only if it is submitted and made complete prior to the permit expiration date.
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Palm Beach County MS4 Final Permit
Permit Number: FLS000015 -003
D. Termination of Coverage for a Single Permittee
Permit coverage may be suspended, revoked or terminated, in accordance with the
provisions of Rule 62- 624.300(4) and Rule 62- 620.345, F.A.C., for a single permittee
without terminating coverage for the other permittees.
I
83
Palm Beach County MS4 Final Permit
Permit Number: FLS000018 -003 • � '' "
PART VIII. STORMWATER DISCHARGE COMPLIANCE AND WATER QUALITY
STANDARDS
A. The Maximum Extent Practicable (MEP Standard.
The stormwater management program must be designed and implemented to reduce
the discharge of pollutants from each permittee's MS4 to surface waters of the State to
the MEP. Narrative effluent limitations requiring implementation of best management
practices (BMPs) are generally the most appropriate form of effluent limitations when
designed to satisfy technology requirements (including reduction of pollutants to the
MEP) and to protect water quality. Implementation of BMPs consistent with the
provisions of the stormwater management program required pursuant to this permit
constitutes compliance with the standard of reducing pollutants to the MEP. The MEP
standard is applied to MS4s in recognition of the fact that an operator typically does not
have total control over the quality or quantity of stormwater entering its system and
ultimately entering waters of the State. Stormwater management programs must be
assessed and adjusted by the permittee, as part of an iterative process, to maximize their
efficiency and make reasonable further progress toward an ultimate goal of reducing the
discharge of pollutants to the extent necessary to protect receiving waters.
B. Requirements for Impaired Waters with DEP -Ado ted or EPA - Established Total
Maximum Daily Loads (TMDLs)
The requirements of this section apply only to the permittee's MS4 discharges to
receiving waters with adopted or established TMDLs and associated allocations. It is the
intent of this section to ensure that pollutant discharges for those parameters listed in
the TMDL are reduced to the MEP through the implementation of the permittee's
SWMP. Adequate progress toward achieving assigned wasteload allocations (WLAs)
will be demonstrated through the implementation of structural and nonstructural best
management practices and other program activities that are targeted at TMDL- related
pollutants within watersheds that discharge to a water body with an EPA - established or
adopted TMDL.
1. The requirements in this section apply to all of the TMDLs that have been
adopted by DEP for verified impaired waters as of the effective date of this
permit. These TMDLs will be listed in Chapter 62 -304, F.A.C., which can be
viewed at: https: // www.flrules.org/ gateway/ ChapterHome.asp ?Chapter = 62-
304. Adopted TMDLs can also be found in the TMDL Tracker Application that
can be accessed at: http:/ / epic229.dep.state.fl.us/ DwrmTmdl/ welcomehz.do.
These requirements shall also apply to EPA - established TMDLs. EPA -
established TMDLs can be accessed at: http: // www.epa.gov/ waters/ tmdl/
expert_query.html. EPA - established TMDLs also can be accessed at: http: / /
www.epa.gov/ region4/ water / tmdl/ florida /.
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Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
2. For water bodies with an adopted DEP TMDL and Basin Management Action
Plan (BMAP).
a. BMAP Adopted:
In accordance with Section 403.067, F.S., NPDES permits must be
consistent with the requirements of adopted TMDLs. Therefore, when a
Basin Management Action Plan (BMAP) and /or an implementation plan
for a TMDL for a water body into which the permitted MS4 discharges
the pollutant of concern is adopted pursuant to Section 403.067(7), F.S.,
the MS4 operator must comply with the adopted provisions of the BMAP
and /or implementation plan that specify activities to be undertaken by
the permittee during the permit cycle.
b. BMAP in Development and Will Be Adopted Within Two Years of Permit
Issuance:
If a BMAP is being developed by DEP and watershed stakeholders,
including the permittee, for a water body with an adopted TMDL and the
BMAP will be adopted within two years of permit issuance, the permittee
shall not be required to undertake the activities in Part VIII.B.3 or 4
below. Instead, the permittee shall continue to participate in the BMAP
process and shall comply with the adopted provisions of the BMAP that
specify activities to be undertaken by the permittee during the permit
cycle.
3. For water bodies with an adopted DEP TMDL or an EPA - established TMDL
but without a BMAP.
a. TMDL Prioritization Report (Months 1 -6):
The Department recognizes the difficulty and expense of undertaking the
requirements in this section of the permit. Accordingly, the permittee is
required to develop a prioritized list of water bodies and TMDLs and an
accompanying schedule for undertaking the tasks that follow. To
accomplish this, the permittee shall first develop a final list of water
bodies to which its MS4 discharges that have adopted DEP TMDLs or
EPA - established TMDLs. It shall then develop a list of factors that will be
used to prioritize the water bodies with these adopted TMDLs and
undertake the remaining tasks in this section of the permit. Using the
factors, the permittee shall develop a prioritized list of water bodies with
TMDLs and a schedule for completing the remaining tasks as outlined
below. The permittee shall prepare a final report that includes the final
list of adopted DEP TMDLs or EPA - established TMDLs, the prioritization
factors, the prioritized list, and the associated schedule, and submit it to
DEP for review and approval.
85
Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
The following steps will be applied to all adopted DEP TMDLs or EPA -
established TMDLs except for those that address fecal coliform
impairments, which will be addressed in Part VIII.B.4 below. For the
purposes of the rest of this section the term "adopted TMDL" shall mean
either a DEP - adopted TMDL or an EPA - established TMDL.
b. TMDL Monitoring and Assessment Plan (Months 6 -12):
Within one year of the effective date of the MS4 permit, the MS4
permittee shall prepare and submit to the Department a TMDL
Monitoring and Assessment Plan ( "Plan") for the top priority water body
with
an adopted TMDL as set forth in the DEP - approved TMDL
Prioritization Report. Additional Plans shall be developed and submitted
to DEP pursuant to the schedule set forth in the TMDL Prioritization
Report. The Plan can be done in collaboration with co- permittees that
discharge to a water body with an adopted TMDL. The Plan shall
determine, collect, and assess any additional information that is needed
to prioritize MS4 stormwater outfalls and their associated drainage basins
discharging to a water body with an adopted TMDL for implementation
of additional structural and nonstructural BMPs needed to begin
reducing stormwater pollutant loads to ultimately achieve the adopted
TMDL load reductions to the MEP. The Plan will, at a minimum, include
the following elements:
(1) Using the estimates of seasonal loadings and event mean
concentrations (EMCs) that are included in the Year 3 ANNUAL
REPORTS, the permittee shall develop a table showing the annual
loadings currently discharged from outfalls into water bodies with
an adopted TMDL. The table shall also compare the current
loadings to all of the previous estimates of annual loadings from
each outfall and cumulatively since the issuance of the permittee's
initial MS4 permit. The Plan shall summarize the trends
(increasing or decreasing loads) that have occurred during the
years that an MS4 permit was in effect and the total change in
pollutant loadings over that time period discharged into water
bodies with an adopted TMDL.
(2) Using the results from sub - paragraph (1) above, the permittee
shall rank the outfalls, based on total annual loading of the
pollutant(s) of concern, discharging into each water body with an
adopted TMDL.
(3) The permittee shall review monitoring data, especially any
sediment or biological monitoring results, from the past 15 years
to validate the results of the loading assessment in sub - paragraph
(2) above that identifies the highest priority outfalls discharging to
the water body with an adopted TMDL. If the sediment or
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Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
biological monitoring results indicate that outfalls other than the
highest priority ones based on the loading assessment should be
targeted for load reductions, the permittee shall document the
reasons for selecting its final list of priority outfalls.
(4) The permittee shall submit the draft Plan to DEP for review and
approval within twelve months of the effective date of this permit.
DEP shall review the draft Plan and either approves the draft
Plan's recommendations or provides comments and proposed
revisions to the permittee. The permittee shall incorporate
proposed revisions, as applicable, and submit a revised Plan to
DEP for approval within 60 days of receipt of comments from
DEP.
C. TMDL Monitoring (Months 12 - 36):
Once the TMDL Monitoring and Assessment Plan is approved by DEP,
the permittee shall conduct storm event monitoring to obtain flow -
weighted composite samples from the top ranked outfall identified in the
Plan approved by DEP to validate the estimates of annual pollutant
loadings. A minimum of seven storm events will be monitored at the
outfall. All monitoring shall be done in accordance with DEP field
sampling SOPs. All sample analyses shall be done by a lab that is
NELAC - certified for the parameters being analyzed. A final report
summarizing the monitoring program and its results shall be submitted
to DEP for review and approval within six months after all analyses have
been received from the lab. The report shall include a table that compares
the event mean concentrations (EMCs) used to estimate pollutant
loadings from major outfalls with the event mean concentrations
determined through the monitoring program. The permittee shall also
revise the original table of loadings in the Plan by recalculating them
using the revised EMCs.
d. TMDL Implementation Plan (Months 24 - 48):
The permittee shall use the results of the TMDL Monitoring and
Assessment Plan to prioritize MS4 outfalls that discharge to waters with
an adopted TMDL for reducing stormwater pollution loads for the
pollutant(s) of concern. The permittee shall develop a Supplemental
SWMP, which will constitute the TMDL Implementation Plan for the
MS4, for the drainage basins associated with the outfalls. The
Supplemental SWMP shall be submitted to the Department as part of the
permittee's permit renewal application for review and approval by the
Department. The permittee shall begin implementing the Supplemental
SWMP immediately upon receipt of the approval letter from DEP. In
addition, the Supplemental SWMP shall be included as part of the revised
permit requirements for the next permit cycle. The Supplemental SWMP
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Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003 • ` �'
will include structural and nonstructural BMPs, as needed, and other
program activities to specifically target the reduction of stormwater
pollutant loads of the pollutant of concern to the MEP and a schedule for
their implementation. The Supplemental SWMP shall include, but not be
limited to, the following:
(1) Modifications to the existing SWMP as needed to focus structural
and nonstructural BMPs and enhanced program activities into
priority drainage basins served by stormwater outfalls that
discharge to waters with an adopted TMDL so that load
reductions are increased. A table of the modified BMPs and
enhanced program activities shall be included that lists the
schedule for their implementation and the estimated load
reduction associated with the implementation of each of the BMPs
or activities.
(2) Identification of regional stormwater retrofitting projects that can
be implemented within priority drainage basins to reduce
stormwater pollutant loads. A table shall be included that lists the
projects, the type of BMP to be implemented, the estimated load
reductions, and the schedule for project implementation.
(3) A specific strategy for implementing BMP effectiveness
monitoring; or ambient water chemistry, biological, or sediment
monitoring, as appropriate, together with other evaluation
techniques designed to enable the permittee to evaluate the
effectiveness of the SWMP in reducing TMDL pollutant loads to
the MEP. The evaluation process shall include an estimate of the
load reductions achieved using an update of the table prepared in
accordance with Part VIH.B.3.b.(3) above.
e. Evaluation of Results (Each ANNUAL REPORT):
Each ANNUAL REPORT shall include a section that provides a status
report on the implementation of the requirements in this section of the
permit and on the estimated load reductions that have occurred for the
pollutant(s) of concern.
f. Collaboration with Other MS4 Permittees and Pollution Sources within
the Drainage Basin:
The permittees are encouraged to collaborate with each other and with
other entities that have TMDL- assigned Wasteload Allocations or Load
Allocations within the drainage basin of a water body with an adopted
TMDL to complete the tasks outlined in (a) through (e) above. The
Department recognizes that TMDLs are best implemented on a
watershed - wide basis and that no single entity is responsible for
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Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
developing and implementing a TMDL implementation plan or for
meeting the load reductions specified in an adopted TMDL.
Additionally, the Florida Watershed Restoration Act requires the
equitable allocation of allowable loads and required load reductions
among all sources that are causing or contributing to the water body
impairment.
4. Discharging into Waters with an Adopted DEP or EPA - Established Fecal
Coliform TMDL that does not have a BMAP
Within 30 months of permit issuance, the permittee shall develop and submit to
the Department for approval a Bacterial Pollution Control Plan (BPCP) to
identify the sources of bacteria and activities that will be undertaken to reduce
fecal coliform loadings from stormwater outfalls to water bodies with adopted
fecal coliform TMDLs to the MEP. To develop the plan, the permittee shall use
the assessment tools and methodology within the Department's Fecal Coliform
TMDL Guidance On -Line Tool Kit. The BPCP shall, at a minimum, include the
following elements, as appropriate:
a. Identification of potential sources of bacteria discharged from the MS4
system.
b. Bacteria source tracking or other assessment techniques, including
monitoring, to better refine the identification of bacterial sources to the
MS4 system and prioritize them for implementation of activities to reduce
fecal coliform loadings.
C. Adoption and implementation of a pet waste management ordinance or
program.
d. Implementation of an educational program directed at reducing bacterial
pollution.
e. Identification of additional structural or nonstructural BMPs or program
activities needed to reduce bacterial loadings discharged from the MS4
into water bodies with an adopted fecal coliform TMDL to the MEP. This
shall include a summary of BMPs and other activities to be implemented,
the schedule for their implementation, and the anticipated load
reductions from the implemented activities.
f. The permittee shall include in each ANNUAL REPORT a status report on
the implementation of the requirements in this section of the permit and
on the estimated load reductions that have occurred.
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Palm Beach County MS4 Final Permit
Permit Number: FLS000018 -003
PART IX. GENERAL CONDITIONS
These general conditions apply to all permits subject to Rule 62 -620, F.A.C. These conditions
are primarily designed for wastewater facilities and may or may not be appropriate for MS4
stormwater discharges. Consult with the Department on the applicability of specific provisions.
A. The terms, conditions, requirements, limitations and restrictions set forth in this permit
are binding and enforceable pursuant to Chapter 403, Florida Statutes. Any permit
noncompliance constitutes a violation of Chapter 403, Florida Statutes, and is grounds
for enforcement action, permit termination, permit revocation and reissuance, or permit
revision. [62- 620.610(1), F.A.C.]
B. This permit is valid only for the specific processes and operations applied for and
indicated in the approved drawings or exhibits. Any unauthorized deviation from the
approved drawings, exhibits, specifications or conditions of this permit constitutes
grounds for revocation and enforcement action by the Department. [62- 620.610(2),
F.A.C.]
C. As provided in Subsection 403.087(6), F.S., the issuance of this permit does not convey
any vested rights or any exclusive privileges. Neither does it authorize any injury to
public or private property or any invasion of personal rights, nor authorize any
infringements of federal, state, or local laws or regulations. This permit is not a waiver
of or approval of any other Department permit or authorization that may be required for
other aspects of the total project which are not addressed in this permit. [62- 620.610(3),
F.A.C.]
D. This permit conveys no title to land or water, does not constitute state recognition or
acknowledgment of title, and does not constitute authority for the use of submerged
lands unless herein provided and the necessary title or leasehold interests have been
obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may
express State opinion as to title. [62- 620.610(4), F.A.C.]
E. This permit does not relieve the permittee(s) from liability and penalties for harm or
injury to human health or welfare, animal or plant life, or property caused by the
construction or operation of this permitted source; nor does it allow the permittee(s) to
cause pollution in contravention of Florida Statutes and Department rules, unless
specifically authorized by an order from the Department. The permittee(s) shall take all
reasonable steps to minimize or prevent any discharge, reuse of reclaimed water, or
residuals use or disposal in violation of this permit which has a reasonable likelihood of
adversely affecting human health or the environment. It shall not be a defense for a
permittee(s) in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the conditions of this
permit. [62- 620.610(5), F.A.C.]
F. If the permittee(s) wishes to continue an activity regulated by this permit after its
expiration date, the permittee(s) shall apply for and obtain a new permit. [62- 620.610(6),
F.A.C.]
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Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
G. This permit may be modified, revoked and reissued, or terminated for cause. The filing
of a request by the permittee(s) for a permit revision, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance does not
stay any permit condition. [62- 620.610(8), F.A.C.]
H. The permittee(s), by accepting this permit, specifically agrees to allow authorized
Department personnel, including an authorized representative of the Department and
authorized EPA personnel, when applicable, upon presentation of credentials or other
documents as may be required by law, and at reasonable times, depending upon the
nature of the concern being investigated, to:
1. Enter upon the permittee(s) premises where a regulated facility, system, or
activity is located or conducted, or where records shall be kept under the
conditions of this permit;
2. Have access to and copy any records that shall be kept under the conditions of
this permit;
3. Inspect the facilities, equipment, practices, or operations regulated or required
under this permit; and
4. Sample or monitor any substances or parameters at any location necessary to
assure compliance with this permit or Department rules. [62- 620.610(9), F.A.C.]
I. In accepting this permit, the permittee(s) understands and agrees that all records, notes,
monitoring data, and other information relating to the construction or operation of this
permitted source which are submitted to the Department may be used by the
Department as evidence in any enforcement case involving the permitted source arising
under the Florida Statutes or Department rules, except as such use is proscribed by
Section 403.111, Florida Statutes, or Rule 62- 620.302, F.A.C. Such evidence shall only be
used to the extent that it is consistent with the Florida Rules of Civil Procedure and
applicable evidentiary rules. [62- 620.610(10), F.A.C.]
J. When requested by the Department, the permittee(s) shall within a reasonable time
provide any information required by law which is needed to determine whether there is
cause for revising, revoking and reissuing, or terminating this permit, or to determine
compliance with the permit. The permittee(s) shall also provide to the Department upon
request copies of records required by this permit to be kept. If the permittee(s) becomes
aware of relevant facts that were not submitted or were incorrect in the permit
application or in any report to the Department, such facts or information shall be
promptly submitted or corrections promptly reported to the Department. (62-
620.610(11), F.A.C.]
K. The permittee(s), in accepting this permit, agrees to pay the applicable regulatory
program and surveillance fees in accordance with Rule 62- 4.052, F.A.C. [62- 620.610(13),
F.A.C.]
L. This permit is transferable only upon Department approval in accordance with Rule 62-
620.610(14), F.A.C. The permittee(s) shall be liable for any noncompliance of the
permitted activity until the transfer is approved by the Department. [62- 620.610(14),
F.A.C.]
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Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
M. Sampling and monitoring data shall be collected and analyzed in accordance with Rule
62- 4.246, Chapter 62 -160 and 62 -601, F.A.C. and 40 CFR 136, as appropriate.
1. If the permittee(s) monitors any contaminate more frequently than required by
the permit, using Department approved test procedures, the results of this
monitoring shall be included in the calculation and reporting of the data
submitted in the ANNUAL REPORT.
2. Calculations for all limitations which require averaging of measurements shall
use an arithmetic mean unless otherwise specified in this permit.
3. Under Chapter 62 -160, F.A.C., sample collection shall be performed by following
the protocols outlined in "DER Standard Operating Procedures for Laboratory
Operations and Sample Collection Activities" (DER -QA- 001/92). Alternatively,
sample collection may be performed by an organization that has an approved
Comprehensive Quality Assurance Plan (CompQAP) on file with the
Department. The CompQAP shall be approved for collection of samples from
the required matrices and for the required tests. [62- 620.610(18), F.A.C.]
N. Reports of compliance or noncompliance with, or any progress reports on, interim and
final requirements contained in any compliance schedule detailed elsewhere in this
permit shall be submitted no later than 14 days following each schedule date. [62-
620.610(19), F.A.C.]
O. The permittee(s) shall report to the Department any noncompliance which may
endanger health or the environment. Any information shall be provided orally within
24 hours from the time the perxnittee(s) becomes aware of the circumstances. A written
submission shall also be provided within 5 days of the time the permittee(s) becomes
aware of the circumstances. The written submission shall contain a description of the
noncompliance and its cause; the period of noncompliance including exact dates and
time, and if the noncompliance has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of
the noncompliance.
(b) Oral reports as required by this subsection shall be provided as follows:
1. For any noncompliance which may endanger public health or the
environment, oral reports shall be provided to the Department by calling
the STATE WARNING POINT TOLL FREE NUMBER (800) 320 -0519, as
soon as practical, but no later than 24 hours from the time the permittee(s)
becomes aware of the discharge. The permittee(s), to the extent known,
shall provide the following information to the State Warning Point:
a. Name, address, and telephone number of person reporting;
b. Name, address, and telephone number of permittee or responsible
person for the discharge;
C. Date and time of the discharge and status of discharge (ongoing or
ceased);
d. Estimated amount of the discharge;
e. Location or address of the discharge;
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Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
f. Source and cause of the discharge;
g. Whether the discharge was contained on -site, and cleanup actions
taken to date;
h. Description of area affected by the discharge, including name of
water body affected, if any; and
i. Other persons or agencies contacted.
2. Oral reports, not otherwise required to be provided pursuant to
subparagraph (b)1. above, shall be provided to the Department within 24
hours from the time the permittee(s) becomes aware of the circumstances.
(c) If the oral report has been received within 24 hours, the noncompliance has been
corrected, and the noncompliance did not endanger health or the environment,
the Department shall waive the written report. [62- 620.610(20), F.A.C.]
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Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003 '
PART X. DEFINITIONS
Where terms are used in this permit, definitions found in Rule 62- 620.200, F.A.C. and Rule 62-
624.200, F.A.C. shall apply. Other definitions used in this permit are provided below:
A. "Best management practices (BMPs)" means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or
reduce the pollution of waters. BMPs also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, residuals,
industrial sludge or waste disposal, or drainage from raw material storage. [62-
620.200(3), F.A.C.]
B. "Co- permittee" means a permittee to an NPDES permit that is only responsible for
permit conditions relating to the municipal separate storm sewer that it operates. (62-
624.200(1), F.A.C.]
C. "Major facility" means any NPDES facility or activity classified as such by EPA with the
concurrence of the Department. [62- 620.200(23), F.A.C.]
D. Major municipal separate storm sewer outfall" means a municipal separate storm
sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or
more or its equivalent (discharge from a single conveyance other than circular pipe
which is associated with a drainage area of more than 50 acres); or for municipal
separate storm sewers that receive stormwater from lands zoned for industrial activity
(based on comprehensive zoning plans or the equivalent), an outfall that discharges
from a single pipe with an inside diameter of 12 inches or more or from its equivalent
(discharge from other than a circular pipe associated with a drainage area of 2 acres or
more). [62- 624.200(5), F.A.C.]
E. "Major outfall" means a major municipal separate storm sewer outfall. [62- 624.200(6),
F.A.C.]
F. "Municipal separate storm sewer" or MS4 means a conveyance or system of
conveyances like roads with stormwater systems, municipal streets, catch basins, curbs,
gutters, ditches, constructed channels, or storm drains:
1. Owned or operated by a State, city, town, county, special district, association, or
other public body (created by or pursuant to State Law) having jurisdiction over
management and discharge of stormwater and which discharges to surface
waters of the state;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW). POTW means
any device or system used in the treatment of municipal sewage or industrial
wastes of a liquid nature which is owned by a "State" or "municipality." This
definition includes sewers, pipes, or other conveyances only if they convey
wastewater to a POTW providing treatment. [62- 624.200(8), F.A.C.]
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Palm Beach County MS4 Final Permit Permit Number: FLS000018 -003
G. "Outfall" means a oint source at the location where a mseparate storm sewer unici al se
p p p
discharges to water of the state and does not include open conveyances connecting two
municipal separate storm sewers, or pipes, tunnels or other conveyances which connect
segments of the same stream or other waters of the state and are used to convey waters
of the state. (62- 624.200(9), F.A.C.]
H. " Permittee" means the owner, operator or other entity to which a permit for a
wastewater facility or activity is issued by the Department. The term "permittee" shall
be functionally synonymous with the terms "owner," "contractor," and "licensee," but
shall not include licensed individuals, such as State certified operators, unless they are
the persons to whom a facility permit is issued by the Department. The term shall
extend to a permit "applicant" for purposes of this chapter. [62- 620.200(35), F.A.C.]
I. "Point source" is defined as any discernible, confined, and discrete conveyance, such as
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, or landfill
leachate collection system from which pollutants are or may be discharged. [62-
624.200(9), F.A.C.]
i
J. "Stormwater" means stormwater runoff, surface runoff and drainage. [62- 624.200(12),
F.A.C.]
K. "Stormwater Associated with Industrial Activity" is as defined in 40 CFR 122.26(b)(14).
L. "Storm sewer," for the purposes of this permit unless otherwise indicated, refers to an
MS4.
Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Director
Division of Water Resource Management
95