Riverside Co/Municipal Stormwater Implementation 14i
1 MUNICIPAL STORMWATER IMPLEMENTATION AND COST -SHARING AGREEMENT
(California Regional Water Quality Control Board —
2 Colorado River Basin Region)
3
4 This Municipal Stormwater Implementation and Cost -Sharing Agreement
5 ("Agreement"), dated June '20, 2014, by and between the RIVERSIDE COUNTY FLOOD
6 CONTROL AND WATER CONSERVATION DISTRICT ("DISTRICT"), the COUNTY OF
7 RIVERSIDE ("COUNTY"), the COACHELLA VALLEY WATER DISTRICT ("CVWD"), and the
8 CITIES of BANNING, CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN
9 WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS and RANCHO MIRAGE
10 ("CITIES") (all, individually, "PARTY" and collectively, "PARTIES") to establish the
11 responsibilities of each PARTY concerning certain compliance and financial responsibilities in
12 connection with requirements relating to stormwater as established under the federal Clean Water
13 Act, 33 U.S.C. § 1342(p) ("CWA") and California law, including the National Pollutant Discharge
14 Elimination System ("NPDES") Municipal Separate Storm Sewer System ("MS4") Permit issued by
15 the California Regional Water Quality Control Board - Colorado River Basin Region ("CRWQCB-
16 CRB") pursuant to Order No. R7-2013-0011 (the "2013 PERMIT"), is entered into by and between
17 the PARTIES with respect to the following:
18 RECITALS
19 A. WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water
20 Act, which requires certain MS4 operators to obtain NPDES Permits before discharging stormwater
21 into navigable waters; and
22 B. WHEREAS, the United States Environmental Protection Agency ("EPA")
23 promulgated regulations for MS4 Permits in November 1990; and
24 C. WHEREAS, pursuant to the CWA, EPA has authorized California, through the
25 California State Water Resources Control Board ("SWRCB") and the nine Regional Water Quality
26 Control Boards to administer the NPDES Permit program within the State; and
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1 D. WHEREAS, the Regional Water Quality Control Boards are authorized to
2 administer NPDES Permit programs within the boundaries of their respective regions; and
3 E. WHEREAS, on November 21, 2012, DISTRICT, COUNTY, CVWD and
4 CITIES reapplied for an area -wide NPDES MS4 Permit in accordance with the previous NPDES
5 MS4 Permit (Order No. R7-2008-0001, NPDES No. CAS617002) which expired on May 21, 2013
6 ("2008 Permit"); and
7 F. WHEREAS, the CRWQCB-CRB issued the 2013 PERMIT to DISTRICT,
8 COUNTY, CVWD and CITIES on June 20, 2013 as Order No. R7-2013-0011; and
9 G. WHEREAS, the 2013 PERMIT designates DISTRICT and COUNTY as
10 Principal Permittees and DISTRICT, COUNTY, CVWD and CITIES as Permittees; and
11 H. WHEREAS, pursuant to Section E of the 2013 PERMIT, the PARTIES will
12 continue to implement the 2008 Permit and the existing 2011 Storm Water Management Plan until a
13 revised Storm Water Management Plan ("SWMP") is approved by the CRWQCB-CRB. Such
14 SWMP is to be submitted to the CRWQCB-CRB on or before June 20, 2014; and
15 I. WHEREAS, the 2013 PERMIT requires the DISTRICT, COUNTY, CVWD
16 and CITIES to perform and/or .execute certain activities and responsibilities; and
17 J. WHEREAS, DISTRICT and CVWD have agreed to perform and/or undertake
18 certain activities in order to facilitate implementation of the 2013 PERMIT requirements as well as
19 other requirements related to municipal stormwater; and
20 K. WHEREAS, the PARTIES agree that cooperation between, and sharing of costs
21 among, the DISTRICT, COUNTY, CVWD and CITIES in the administration and implementation
22 of the 2013 PERMIT and required programs and actions under the 2013 PERMIT, as well as other
23 municipal stormwater programs, are in the best interest of all PARTIES; and
24 L. WHEREAS, the PARTIES have entered into previous agreements to share costs
25 and responsibilities of compliance with prior NPDES MS4 Permits and municipal stormwater
26 programs, and wish to enter into a similar agreement with respect to the 2013 PERMIT and other
27 municipal stormwater programs.
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1 NOW, THEREFORE, the PARTIES do mutually agree as follows:
2 1. Incorporation of 2013 PERMIT. The 2013 PERMIT is attached to this
3 Agreement as Exhibit A and is hereby incorporated by reference in its entirety and made a part of
4 this Agreement.
5 2. Incorporation of Federal and State Laws. All applicable Federal and State laws
6 and regulations in effect at the Effective Date (as defined in Section 22 of this Agreement), and as
7 may hereafter be amended during the term of this Agreement, shall govern this Agreement. In any
8 conflict between the terms of this Agreement and the provisions of such laws and regulations, the
9 latter shall control.
10 3. Responsibility for 2013 PERMIT Requirements. Each PARTY shall be solely
11 responsible for compliance with the requirements of the 2013 PERMIT within the limits of its
12 jurisdiction or as otherwise required by the 2013 PERMIT of that PARTY. All PARTIES shall
13 timely comply with such requirements of the 2013 PERMIT.
14 4. Allocation of Costs for 2013 PERMIT and other Municipal Stormwater
15 Requirements. The PARTIES agree that the costs of the responsibilities identified below shall
16 constitute "SHARED COSTS" (as defined in Section 5, below) to be divided and allocated among
17 the PARTIES as set forth in Section 5:
18 A. Public Education and HAZMAT Team. The DISTRICT shall, at its
19 discretion and in coordination with the other PARTIES, perform and/or
20 coordinate activities associated with 2013 PERMIT Part F.l.a.xvi relating
21 to HAZMAT Team responses and Part F. Lf with regard to regional public
22 education issues and the County HHW Program.
23 B. Monitoring. DISTRICT and CVWD shall perform and/or coordinate Dry
24 and Wet Weather Receiving Water and Dry and Wet Weather MS4 Outfall
25 monitoring as required by 2013 PERMIT Parts L.7 through L.10, except
26 that any monitoring performed pursuant to a follow-up Illicit
27 Connection/Illegal Discharge ("IC/ID") investigation, as described in 2013
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PERMIT Parts F.l.a.ix and L.10.A, shall be conducted only by those
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PARTIES located within the tributary area where an IC/ID incident has
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occurred and follow-up investigation is required. DISTRICT and CVWD
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may, at their mutual agreement, implement alternative approaches for
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sample collection, including use of CONSULTANTS (as defined below),
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reassigning monitoring sites between DISTRICT and CVWD, or other
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alternative approaches intended to facilitate 2013 PERMIT compliance.
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The DISTRICT's and CVWD's responsibilities hereunder shall include, but
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not be limited to, the selection of 2013 PERMIT sampling sites (subject to
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approval by the CRWQCB-CRB), the collection of samples in accordance
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with 2013 PERMIT Parts L.7 through L.10.D, and the submission of
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samples to approved laboratories. DISTRICT shall be responsible for the
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conduct of special studies, as required in 2013 PERMIT page 86. CVWD
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shall be reimbursed for its SHARED COSTS associated with sample
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collection and laboratory analysis through the application of an equivalent
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credit towards CVWD's fiscal year Cost -Share amount, as described in
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Section 5.
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(1) Notwithstanding any other provision in this Agreement, the CITY
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of COACHELLA shall be solely responsible for all duties and costs
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associated with the performance of Coachella Valley Stormwater
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Channel Bacteria Indicators TMDL ("CVSC TMDL") Phase I
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Monitoring (2013 PERMIT Part G, pages 58-59, and Part L, pages
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85-86), including all monitoring, analysis and reporting performed
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pursuant to its Quality Assurance Project Plan and Monitoring Plan
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and shall be responsible, along with any other Party to this Agreement
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which may hereafter be named as a responsible party under the CVSC
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TMDL, to otherwise comply with monitoring requirements under the
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CVSC TMDL.
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C. Principal Permittee and Reporting. DISTRICT shall perform and/or
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coordinate all responsibilities assigned to the Principal Permittees in 2013
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PERMIT Part E.2. DISTRICT shall coordinate the preparation of, and
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submit to the CRWQCB-CRB, the Annual Report required in 2013
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PERMIT Parts E.2 and N, the Annual Monitoring Report required in 2013
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PERMIT Parts L.11 and N and the Report of Waste Discharge required in
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2013 PERMIT Part I.1. Upon DISTRICT's request, COUNTY, CVWD
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and CITIES shall, at no cost to DISTRICT, timely provide to DISTRICT
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(on DISTRICT -approved forms) all information needed to meet the above-
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referenced reporting requirements. Additionally, when requested by a
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PARTY, the DISTRICT shall provide information on 2013 PERMIT
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programs implemented or coordinated by the District to assist that PARTY
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in its preparation of reports required under 2013 PERMIT PART I, in
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making a report to the CRWQCB-CRB, or in responding to requests for
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audits or other information by the CRWQCB-CRB or EPA.
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D. Other Municipal Stormwater Programs. In addition to programs required
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under the 2013 PERMIT and set forth in Sections 4.A-4.C, the DISTRICT
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shall perform and/or coordinate other programs related to municipal
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stormwater issues (including, but not limited to, the Compliance
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Assistance Program, development of a new NPDES MS4 permit,
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development of potential TMDL programs, development of a CWA 303(d)
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list of impaired waterbodies, work related to non -PARTY dischargers,
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preparation and filing of claims for unfunded state mandates, as well as any
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other such programs as the PARTIES shall agree).
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E. Consultant's Services and Cooperative Agreements. In the event
DISTRICT retains a consultant or other professional ("CONSULTANT")
to develop and/or implement the programs set forth in Sections 4.A-4.D of
this Agreement, including scientific, engineering or legal services, the
SHARED COSTS associated with such services shall be shared by
DISTRICT, COUNTY, CVWD and CITIES in accordance with the cost
sharing provisions set forth in Section 5. The DISTRICT shall notify the
PARTIES in advance of its intent to retain a CONSULTANT and, upon
any PARTY's request, provide information regarding requests for
proposals from consultants, consultant's fee, contract timetable and
payment schedule to the PARTIES. COUNTY, CVWD and CITIES shall
have the opportunity to participate in decisions related to CONSULTANT's
services and the costs associated therewith.
5. Cost Sharing. SHARED COSTS (as defined below) for services to be
performed in accordance with Sections 4.A-4.E of this Agreement shall be allocated among the
PARTIES in accordance with the following formula:
IC = ((SHARED COSTS + Credits - Debits) - DISTRICT - CVWD) x IP
TP
Where,
"IC" means Individual Cost for COUNTY or CITIES
"DISTRICT" means DISTRICT Cost -Share Amount (set at
7%)
"CVWD" means CVWD Cost -Share Amount (set at 7%,
adjusted to reflect performance of duties described by Section
43)
"IP" means COUNTY and CITIES' Individual Populations, as
further defined below
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"TP" means the COUNTY and CITY PARTIES' total
population
SHARED COSTS = Fiscal year costs for services performed
in accordance with Sections 4.A-4.E of this Agreement.)
SHARED COSTS shall include all costs required to perform
the activities set forth in Sections 4.A-4.E, except that in no
event shall SHARED COSTS include any costs arising from
or associated with any act or failure to act by any PARTY or
its employees or agents during the performance of activities
required under this Agreement which result in death, personal
injury or property damage.
Credits = Portion of SHARED COSTS for the previous fiscal
year that were not expended, and if applicable, funds received
from other sources, including new PARTIES, not previously
calculated in estimating SHARED COSTS for the current
fiscal year.
Debits = Portion of actual SHARED COSTS for the previous
fiscal year which exceeded estimated SHARED, COSTS for
the previous fiscal year.
Each .CITY's Individual Population shall be based on the most recent population
figures released
by the California
State Department of Finance.
The COUNTY's Individual
Population shall
be based on census block information adjusted
to reflect the most recent
Department of Finance population growth data.
COUNTY, CVWD and CITIES shall pay to DISTRICT their share of SHARED
COSTS within 60 calendar days of receipt of an invoice from DISTRICT.
6. Other Cost -Sharing Agreements. Nothing in this Agreement shall prevent a
subset of fewer than all the PARTIES from agreeing with the DISTRICT to share the costs of other
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municipal stormwater programs concerning such PARTIES. Such PARTIES shall agree among
themselves as to the cost -sharing formula for such programs.
7. Term of the Agreement. This Agreement becomes effective on June 20, 2014
and shall remain in effect until eighteen (18) months after the date that CRWQCB-CRB issues a
new NPDES Permit in replacement of the 2013 PERMIT. The obligation to pay SHARED COSTS
set forth in Section 5 shall survive the termination of this Agreement as to any PARTY which is
delinquent in making such payments.
8. Additional Parties. Any city which incorporates after the Effective Date of this
Agreement and which is subject to the 2013 PERMIT may seek to be added as a PARTY by
sending a written request to DISTRICT. If a majority of the PARTIES (each having one co -equal
vote) approves the addition of the city, this Agreement shall be amended to reflect the addition of
the city and the newly added city shall thereafter comply with all provisions of this Agreement.
Upon its execution of the amended Agreement, the newly added city shall be responsible for
SHARED COSTS in accordance with Section 5 of this Agreement for the then -current fiscal year
and any subsequent fiscal year. Funds paid by the newly added city during its first fiscal year under
this Agreement shall be credited to the PARTIES according to the formula set forth in Section 5.
9. Withdrawal from the Agreement. Any PARTY may withdraw from this
Agreement sixty (60) calendar days after giving written notice to the other PARTIES and to the
CRWQCB-CRB; upon said official withdrawal date, SHARED COSTS for the withdrawing
PARTY will cease to accrue. Withdrawal from this Agreement will not excuse non-compliance
with requirements of the 2013 ,PERMIT applicable to the withdrawing PARTY. The withdrawing
PARTY shall pay, within thirty (30) calendar days of receipt of a final invoice from DISTRICT, all
SHARED COSTS such PARTY was obligated under this Agreement to pay for the then -current
fiscal year, as well as any funds owed for obligations incurred in previous fiscal years. No
withdrawing PARTY shall be entitled to receive any refund of SHARED COSTS paid under this
Agreement, or to benefit from the ongoing performance of this Agreement, except to the extent
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SHARED COSTS were overpaid as the result of errors in DISTRICT invoicing or inadvertent over-
payment by the withdrawing PARTY.
10. Removal of PARTY. As stated, COUNTY, CVWD and CITIES shall pay to
DISTRICT their share of SHARED COSTS within 60 calendar days of receipt of an invoice from
DISTRICT. Any PARTY which is more than ninety (90) calendar days delinquent in the payment
of any SHARED COSTS under this Agreement, or which is in material breach of any other
requirement applicable to that PARTY under this Agreement, shall be subject to removal as a
PARTY. The delinquent PARTY shall be notified in writing by the DISTRICT of its delinquent
status and shall be afforded an opportunity, not exceeding thirty (30) calendar days from the date of
the notice, to cure such status. In the event such PARTY fails or refuses to cure its delinquency, the
remaining PARTIES shall vote to remove the delinquent PARTY. If a majority of the PARTIES
(each PARTY having one co -equal vote) votes to remove the, delinquent PARTY, it shall be
removed as a PARTY immediately upon the conclusion of such vote. The removed PARTY shall
pay, within thirty (30) calendar days of receipt of a final invoice from DISTRICT, all SHARED
COSTS such PARTY was obligated under this Agreement to pay for the then -current fiscal year, as
well as any funds owed for obligations incurred in previous fiscal years. Any unfilled obligations of
the removed PARTY under this Agreement shall survive its removal. No removed PARTY shall be
entitled to receive any refund of SHARED COSTS already paid under this Agreement, or any
benefit. from the ongoing performance of this Agreement.
11. Non-compliance with 2013 PERMIT Requirements. Any PARTY determined,
in either an administrative or judicial forum, to be in non-compliance with its specific
responsibilities pursuant to the 2013 PERMIT shall be solely responsible for any penalties, fees,
damages or injunctive relief assessed in connection therewith. This Agreement is not intended to
and does not create any joint and several liability of the other PARTIES for such penalties, fees,
damages or injunctive relief.
12. Amendments to the Agreement. Except to add a PARTY as provided in Section
17, this Agreement may be amended only by consent of all PARTIES. No amendment to this
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Agreement shall be effective unless it is in writing and duly signed by the authorized representatives
of all PARTIES.
13. Authorized SigLiatories. The PARTIES warrant and represent that the
individuals signing this Agreement on their behalf can and do bind the PARTIES to the terms of
this Agreement.
14. Notices. All notices shall be deemed duly given when delivered by hand, by
email with receipt requested, or three (3) days after deposit in the U.S. Mail, postage prepaid.
Notices shall be sent to representatives of the PARTIES whose names and addresses appear on
Exhibit B of this Agreement. The identity of such representatives may be freely changed by any
PARTY upon notice to the other PARTIES, and changes to Exhibit B shall not be considered an
amendment of this Agreement.
15. Governing Law and Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of California. In any action brought to enforce this
Agreement, venue shall be in the Riverside County Superior Court; provided, however, that this
venue provision shall not affect the ability of any PARTY to seek a change of venue pursuant to
Code of Civil Procedure Section 394.
16. Severability. If any provision or provisions of this Agreement shall be held to
be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired hereby.
17. Consent to Waiver and Breach. No term or provision hereof shall be deemed
waived and no breach excused, unless the waiver or breach is consented to in writing, and signed by
the PARTY or PARTIES affected. Consent by any PARTY to a waiver or breach by any other
PARTY shall not constitute consent to any different or subsequent waiver or breach.
18. Applicability of Prior Agreements. This Agreement and the exhibits attached
hereto constitute the entire Agreement between the PARTIES with respect to the subject matter
thereof; all prior agreements, representations, custom, usage, statements, negotiations and
undertakings concerning implementation of the 2013 PERMIT, oral or written, are superseded
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hereby, except to the extent that any PARTY shall still have an outstanding obligation under any
such prior agreements.
19. Resolving Disputes. If a dispute arises under this Agreement, the disputing
PARTIES agree to attempt to resolve the dispute internally. Absent resolution, a mutually agreed -
upon mediator in Riverside County will be obtained. Any cost and fees, apart from Attorney Fees,
shall be shared equally among the disputing PARTIES. If such dispute is not resolved within 60
days after referral to the mediator, either PARTY may file the matter with the court.
20. Execution in Counterparts. This Agreement may be executed and delivered in
any number of copies (counterparts) by the PARTIES. When each PARTY has signed and
delivered at least one counterpart to the other PARTIES, each counterpart shall be deemed an
original and, taken together, shall constitute one and the same Agreement, which shall be binding
and effective as to the PARTIES hereto.
21. Partnership. This Agreement does not create a partnership between the
PARTIES or other similar relationship nor does it impose any fiduciary obligations upon any of the
PARTIES, and does not bind any of the PARTIES beyond the furtherance of the intent of the
fulfillment of the Agreement.
22. Effective Date. This Agreement shall take effect on June 20, 2014 and shall
become binding on the PARTIES upon the date that a duly authorized representative of that
PARTY executes it. The PARTIES shall make all reasonable efforts to execute the Agreement
prior to June 20, 2014.
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IN WITNESS WHEREOF, each PARTY has executed this Agreement as of the date set
I forth below.
RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED' FOR APPROVAL: / .'/ AND WATER CONSERVATION DISTRICT
By: By:
WARREN D. WILLIAMS MARION XSHLEY, Chairman
General Manager -Chief Engineer Riverside County Flood Control and
Water Conservation District
APPROVED AS TO FORM:
Dated: CLAY 0 6 2014
ATTEST:
PAMELA J. WALLS, KECIA HARPER-IHEM
County Counsel Clerk to the Board
By: By: 'A A N j lw&//�
Aaron C. Gettis, Deputy County Counsel D pu y
RECOMMENDED FOR APPROVAL:
By: ✓�-
J YO
oun gExecive Officer
(SEAL)
COUNTY OF RIVERSIDE
By: �(_N �
J T ,Chairman
of ervisors, County of Riverside
Third District
Dated: MAY 0 6 2014
ATTEST:
KECIA HARPER-IHEM
Clerk to the Board
By:
D put
(SEAL)
-12- MAY 092014 1��Z
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APPROVES TO FORM:
By:
GERALD 'Ds) . SHOAE
COACHE LA VALLEY WATER DISTRICT
By.
J.M. B TT
General Manager
By:
J POWELL
President
Dated: �� l
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APPROVED AS TO FORM:
By:
DAVID J. AfhgAlRE
City Attorney
ATTEST:
CITY OF BANNING
By:
- A
DEBORAH FRANKLIf4
Mayor
By: Dated:
MARIE A. CALDERON
City Clerk
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APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
OCllit-y"derk'
CyMalla
LIM
RAL CITY
Dated: 10 -2-7 - 2-0 /y
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APPROVED AS TO FORM:
By:
_ m
CARLOS C
City Attorney
(ATTEST:
BEATRICE BARAJAS
City Clerk
CITY OF COACHELLA
By:
A G IA
City Manager
Dated: Och Ioa, ? f 2O) C(
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APPROVED AS TO FORM:
By: ,GL�
teve Quintanilla, City Attorney
ATTEST:
By:
(!I1 Soriano, Clerk
CITY OF ESERT HOT S NGS
By: (Ad ,�,
Adam Sanchez, May
Dated: -711.11¢
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APPROVED AS TO FORM:
4
By: - fir i /ax
City Attorney
CITY OF INDIAN WELLS
By:
ayor
ATTEST:
By: 41 ZZ/-a-,ia ,+Dated: 31,11k2 1
V Clerk
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APPROVED AS TO FORM:
By: - 0 a
City Attorne
ATTEST:
CITY OF INDIO
By:
Mayor
Dated: llgll
C' y Clerk
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APPROVED AS TO F CITY OF LA QUINTA
By:'/IA' By:
fM Katherine Jens , City Attorney *rankeace City Manager
City of La Quinta, California City of LaCalifornia
ATTEST:
By: _S41kDated:
Susan Maysels, City Clerk
City of La Quinta, California
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APPROVED AS TO FORM:
By: �LZ
DA I J. WIN, City Attorney
ATTEST:
CITY OF PALM DESERT
By:
VAN G. TA ER, Mayor
By. Dated: May 8, 2014
HELLE D. KLASSEN, City Cler
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I"
to
ATTEST:
By:�
jCy2CIerk
Municipal Stormwater Implementation
and Cost Sharing Agreement
CITY OF PALM SPRINGS .
l
By:
City Manager
Dated: OL*u -' 004
APPROVED BY Clif COUNCIL
�. n.1� 2 � wob o (�2
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i
APPROVED AS TO FORM:
BY:
ST VE B. QUINTANILLA
City Attorney
ATTEST:
CITY OF RANC MIRAGE
By:
�,
RICHARD W. KITE
Mayor
By: C Dated:
CYNTHIA SCOTT
City Clerk
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11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT B
Notice Addressees
RCFCWCD
Mr. Jason Uhley
1995 Market St, Riverside, CA. 92501
951.955.1273, FAX 951.788.9965
juhlpygrcflood.org
Coachella Valley Water District
Mr. Steve Bigley
PO Box 1058, Coachella, CA. 92336
760.398.2651 ext.2286, FAX 760.391.9637
sbigleygcvwd.org
City of Cathedral City
Mr. Bill Simons
68700 Avenida Lalo Guerrero,
Cathedral City, CA 92234
760.770.0360
bsimons@cathedralcity.gov
Riverside County
Mr. Steve Horn
Riverside County Executive Office
4080 Lemon St, Suite 400,
Riverside, CA. 92501
951.955.1100
schom@,,rceo.org
City of Banning
Mr. Arturo Vela
99 East Ramsey St, PO Box 998
Banning, CA. 92220
951.922.3130, FAX 951.922.3141
avela@ci.banning.ca.us
City of Coachella
Ms. Berlinda Blackburn
1515 Sixth St, Coachella, CA. 92236
760.501.8114, FAX 760.398.1630
bblackbumgcoachella.or
-24-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
City of Desert Hot Springs
Mr. Daniel Porras
65950 Pierson Blvd,
Desert Hot Springs, CA. 92240
760.329.6411 ext.218
dporras@,cityofdhs.org
City of Indio
Ms. Sara Toyoda
83-101 Ave. 45, Indio, CA. 92201
760.391.4149
stoyoda@indio.org
City of Palm Springs
Mr. Rick Minjares
3200 E. Tahquitz Cyn Way
Palm Springs, CA. 92263
760.323.8283
Rick.Minjares ,palmspringsca.gov
City of Rancho Mirage
Mr. Leland Cole
69-825 Highway I I I
Rancho Mirage, CA. 92270
760.770.3224, FAX 760.770.3261
lelandcna,RanchoMira eg CA.gov
City of Indian Wells
Mr. Bondie Baker
44-950 El Dorado Dr,
Indian Wells, CA. 92210
760.776.0237, FAX 760.346.0407
Bbaker@indianwells.com
City of La Quinta
Mr. Ed Wimmer
78495 Calle Tampico,
La Quinta, CA. 92247
760.777.7088, FAX 760.777.7155
ewimmer@la-quinta.org
City of Palm Desert
Ms. Christina Canales
73-510 Fred Waring Dr
Palm Desert, CA. 92260
760.346.0611, FAX 760.341.7098
ccanales a,cityofpalmdesert.org
-25-
EXHIBIT A
The 2013 PERMIT is 119 pages. Attached
are the first 4 pages for reference. For
complete_ copy, contact -the California Water
Boards at www.waterboards..ca.. ov for
Order No. 117-2013-0011
6015 (T
OALIt•ORNIA
Water Boards
Colorado River Basin Regional Water Quality Control. Board
June 27, 2013
Riverside County Flood Control and Water Conservation
County of Riverside — Executive Office, Steve Horn
City of Banning—, Director of Public Works
City of Cathedral City —Director of Public Works
City of Coachella — Director of Public Works
City of Desert Hot Springs— Director of Public Works
City of Indian Wells — Director of Public Works
City of Indio — Director of Public Works
City of La Quinta Director of Public Works
City of Palm Desert — Director of Public Works
City of Palm Springs — Director of Public Works
City of Rancho Mirage — Director of Public Works
Coachella Valley Water District — General Manager
ae!Y
EDNUND G. BROWN JR.
. •�.,I
GOVERNOR
MATTREW RODRIOUEz
SECRETARY FOR
ENVIRONMENTAL eHOIECTiON
District — j rfraVgw,�r W E
( off D.1
JUL 01 2013 J
RIVERSIDE COUNTY FLOOD CONTROL.
AND WATER CONSERVATION DISTRICT
SUBJECT: NATIONAL POLLUTANT DISCHARGE ELIMINATION - SYSTEM
(NPDES) PERMIT AND WASTE DISCHARGE REQUIREMENTS FOR .
MUNICIPAL SEPARATE STORM SEWER SYSTEMS WITHIN THE
WHITEWATER RIVER WATERSHED (RENEWAL)
Enclosed is a copy of Board Order No. R7-2013-0011. This Board Order was adopted
by the Regional Water Board on June 20, 2013, at its meeting in the Town of Yucca
Valley, California. , This Board .Order supersedes Board Order No. R7-2008-0001,
previously issued to for this Permit.
Additional full text copies of the WDRs are available on the Regional Water Board's web
site at: http://wWw.waterboards.ca.gov/coloradoriver. Under the heading of "Board
Orders", select "Year 2013" then Order R7-2013-0011. If you need a hard copy of this
order mailed to you, please contact Hilda Vasquez by phone at (760) 346-7491 or via e-
mail at hvasquez@waterboards.ca.gov.
If you have any questions concerning this matter, please contact Anders Wistrom at
-6 776 78964g
ROBERT ERDUE-
Executive Officer
AW/sw
Enclosure: Board Order R7-20.13-0011
File WDID No. 7A 33 2001 M04-13, Coachella Valley MS4, Board Order R7-2013-
0011
ELLEN WAY, CHAIR I ROBERT PERDUE, EXECUTIVE OFFICER
._..._......,...._.___._______.__.__..._..._....__.____.._..___._____..__..........._.....___.._____._..._......._..�-._____�
73-720 Fred Waring Drive, Suite 100, Palm Desert, CA 92260 1 www.waterboards.ca.gov/ooloradorlver
Cj RECYCLED PAPER
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
COLORADO RIVER BASIN REGION
73-720 Fred Waring Drive, Suite 100, Palm Desert, CA 92260
Phone: (760) 346-7491 • Fax (760) 341-6820
littp://www.watei-boards.ca.gov/coloradoriver
ORDER NO. R7-2013-0011
NPDES NO. CAS617002
WASTE DISCHARGE REQUIREMENT
FOR
DISCHARGES FROM THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
WITHIN THE WHITEWATER RIVER WATERSHED
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
OWNER/OPERATOR
COUNTY OF RIVERSIDE, OWNER/OPERATOR
COACHELLA VALLEY WATER DISTRICT, OWNER/OPERATOR
AND INCORPORATED CITIES OF RIVERSIDE COUNTY WITHIN THE
WHITEWATER RIVER BASIN, OWNERS/OPERATORS
Table 1. Administrative Information
This Order was adopted by the Regional Water Quality Control Board on:
June 20, 2013
This Order shall become effective on:
June 20, 2013
This Order shall expire on:
June 19, 2018
The Discharger shall file a Report of Waste Discharge in accordance with title 23, California Code of
Regulations, not later than 180 days in advance of the Order expiration date as application for issuance of
new Waste Discharge Requirements.
The date for submitting a complete application for reissuance is December 23, 2017.
I, Robert Perdue, Executive Officer, do hereby certify that this Order, with all attachments, is
a full, true, and correct copy of an Order adopted by the California Regional Water Quality
Control Board, Colorado River Basin Region, on June 20, 2013.
R BERT PERDUE, xecutive Officer
NPDES CAS617002 2 Order No. R7-2013-0011
TABLE OF CONTENTS
A. FINDINGS .......................................... :................................................................................................ 3
Background........................... :................................................................................................................. 3
Urban Runoff Characterization
Rationale for Requirements ................................
Characteristics of the Whitewater River Region
....................................................... 7
....................................................... 9
....................................................... 9
Colorado River Region Basin Plan....................................................................................................... 13
CWA Section 303(d) Listed Waterbodies and Total Maximum Daily Loads (TMDLs) ..................... 15
Water Quality Based Effluent Limitations (WQBELs) and TMDL WLA...............I.............................. 17
Compliance Schedules and Interim Requirements............................................................................... 18
Whitewater River Region Water Quality............................................................................................ 18
Objectives of this MS4 Permit.............................................................................................................. 20
Federal NPDES Storm Water Regulations............................................................................................ 20
Mitigationof Urban Runoff ...................................................... :........................................................... 21
Monitoring............................................ :................................................................................................ 26
Compliance with CEQA and Other Requirements............................................................................... 26
B. DISCHARGE PROHIBITIONS....................................................................................................... 28
C. ALLOWABLE NON -STORM WATER DISCHARGES.................................................................. 29
D. RECEIVING WATER, LIMITATIONS ............................. :............................................................... 31
E. SPECIFIC PERMITTEE REQUIREMENTS..................................................
F. BEST MANAGEMENT PRACTICES ..................................................
G. IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS ............
H. GENERAL PROVISIONS.....................................................................
I. REPORTING REQUIREMENTS..........................................................
J. NOTIFICATIONS..................................................................................
K. GLOSSARY OF TERMS.......................................................................
L. MONITORING AND REPORTING......................................................
M. ADMINISTRATIVE PROVISIONS......................................................
N. ANNUAL REPORT AND SUBMITTAL REQUIREMENTS ................
O. FACT SHEET.........................................................................................
ATTACHMENTA — SITE MAP....................................................................
ATTACHMENT B — PROGRAM DATABASES ........:................................
ATTACHMENT C — STATE BOARD MINIMUM LEVELS ......................
ATTACHMENT D — ANNUAL REPORT FORMS .....................................
.......................................... 69
.......................................... 70
.......................................... 82
.......................................... 88
.......................................... 89
.......................................... 91
........................................ 103
........................................ 104
........................................ 109
........................................ 110
NPDES CAS617002 3 Order No. 137-2013-0011
WASTE DISCHARGE REQUIREMENTS
FOR
DISCHARGES FROM THE MUNICIPALS EPARATE STORM SEWER SYSTEM (MS4)
WITHIN THE WHITEWATER RIVER WATERSHED
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
OWNER/OPERATOR
COUNTY OF RIVERSIDE; OWNER/OPERATOR
COACHELLA VALLEY WATER DISTRICT, OWNER/OPERATOR
AND INCORPORATED CITIES OF RIVERSIDE COUNTY WITHIN THE
WHITEWATER RIVER WATERSHED, OWNERS/OPERATORS
A. FINDINGS
The California Regional Water Quality Control Board, Colorado River Basin Region
(Regional Water Board) finds that:
Background
On November 21, 2012, the County of Riverside (County) and the Riverside
County Flood Control and Water Conservation District (RCFC&WCD), in
cooperation with the Coachella Valley Water District (CVWD) and incorporated
cities, including the Cities of Banning, Cathedral City, Coachella, Desert Hot
Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho
Mirage (hereinafter collectively referred to as the Permittees ), jointly submitted
National Pollutant Discharge Elimination System (NPDES) Application No.
CAS617002 and a Report of Waste Discharge (ROWD) for re -issuance of the
third term MS4 NPDES permit (MS4 Permit).
2. For the purposes of this MS4 Permit, the following two Permittees are
identified as the Principal Permittees:
County .of Riverside,. 4080 Lemon Street, P.O. Box 1090, Riverside, California
92501-1090; and
Riverside County Flood Control and Water Conservation District, 1995 Market
Street, Riverside, California 92501
The CVWD and each of the Cities are identified as a Co-Permittee. Collectively,
the Principal Permittees and the Co-Permittees comprise the Permittees.
Under this organizational framework, the Principal Permittees are responsible for
coordinating collective Permittee activities required by the MS4 Permit, including
report preparation and submittals to the Regional Water Board.
1 Permittee(s) and discharger(s) are used interchangeably in this MS4 Permit. Also, see Section K. Glossary of
Terms for definitions of certain terms used in this MS4 Permit Defined terms are capitalized and shown in
italicized, bold lettering throughout the MS4 Permit.
A. FINDINGS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT B
Notice Addressees
. RCFCWCD
Mr. Jason Uhley
1995 Market St, Riverside, CA. 92501
951.955.1273, FAX 951.78-8.9965
juh1pyArcflood.org
Coachella Valley Water District
Mr. Steve Bigley
PO Box 1058, Coachella, CA. 92336
760.398.2651 ext.2286, FAX 760.391.9637
sbiglpy(g,cvwd.org
City of Cathedral City
Mr. Bill Simons
68700 Avenida Lalo Guerrero,
Cathedral City, CA 92234
760.770.0360
bsimons(,cathedralcity.gov
Riverside County
Mr. Steve Horn
Riverside County Executive Office
4080 Lemon St, Suite 400,
Riverside, CA. 92501
951.955.1100
schornArceo.org
City of Banning
Mr. Arturo Vela
99 East Ramsey St, PO Box 998
Banning, CA. 92220
951.022.3136, FAX 951.922.3141
avelaAci.banning ca_us
City of Coachella
Ms. Berlinda Blackburn
1515 Sixth St, Coachella, CA. 92236
760.501.8114, FAX 760.398.1630
bblackburn(ib coachella. org
-24-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
City of,Desert Hot Springs
Mr. Daniel Porras
65950 Pierson Blvd,
Desert Hot Springs, CA. 92240
760329.6411 ext.218
dporras&cityofdhs.org
City of Indio
Ms. Sara Toyoda
83-101 Ave. 45, Indio, CA. 92201
760.391.4149
stoyoda(d,)indio.org
City of Palm Springs
Mr. Rick Minjares
3200 E. Tahquitz Cyn Way
Palm Springs, CA. 92263
760.323.8283
Rick. Minj ares(a,palmspringsca.gov
.City of Rancho Mirage
Mr. Leland Cole
69-825 Highway 111
Rancho Mirage, CA. 92270
760.770.3224, FAX 760.770.3261
lelandcgRanchoMira eg CA.gov
City of Indian Wells
Mr. Bondie Baker
44-950 El Dorado Dr,
Indian Wells, CA. 92210
760.776.0237, FAX 760.346.0407
Bbaker(cr�,indianwells.com
City of La Quinta
Mr. Ed Wimmer
78495 Calle Tampico,
La Quinta, CA. 92247
760.777.7088, FAX 760.777.7155
ewimmer@la-giiinta.org
City of Palm Desert
Ms. Christina Canales
73-510 Fred Waring Dr
Palm Desert, CA. 92260
760.346.06.11, FAX 760.341.7098
ccanales@cityofpahndesert.org
- 25
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■ ■
SUBMITTAL TO THE BOARD OF SUPERVISORS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA A0�.
FROM: Executive Office SUBMITTAL DATE:
April 24, 2014
SUBJECT: NPDES Stormwater Discharge Permit — 2014 Implementation Agreement for the Whitewater
River Region — Contract number of years: Five. District 4/District 5 [$625,000]
RECOMMENDED MOTION: That the Board of Supervisors:
Approve the 2014 Implementation Agreement between the County of Riverside, the Flood Control and
Water Conservation District, Coachella Valley Water District (CVWD), and the cities of Banning, Cathedral
City, Coachella Desert . Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and
Rancho Mirage (Permittees), and authorize the Chairman to sign the Agreement on behalf of the County.
BACKGROUND:
Summary
The 2014 Implementation Agreement sets forth program cost sharing provisions, and the terms and
conditions by which the Permittees perform. and execute activities and responsibilities prescribed in the
2013 Whitewater River Region NPDES MS4 permit, which was recently adopted by the Colorado River
Regional Water Quality Control Board (CRWQCB). For the past year, the Permittees have operated under
the First Amendment to the 2008 Implementation Agreement, which is d o i, re on J 014.
C Z�
T HORN
Senior Management Analyst
FINANCIAL DATA Current Fiscal'Year NdAfiscal Year Total Cost[ Ongoing Cost FO " CY/CONSENT
j ' er Exec: Office
COST $ 0 $ 125,000 $ 625,000 $ 0
NET COUNTY COST $ 0 $ 125,000 $ 625,000 $ 0 Consent ❑ Policy ❑
SOURCE OF FUNDS: General Fund — Nat. Pollutant Disch. �For
dgetAdjustment: N/A
(NPDES) Fiscal Year: 14/15-18/19
C.E.O. RECOMMENDATION: APPROVE
Countv Executive Office Sionature Alex Gam
MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Stone, seconded by Supervisor Benoit and duly carried by
unanimous vote, IT WAS ORDERED that the above matter is approved as recommended.
Ayes: Jeffries, Tavaglione, Stone, Benoit and Ashley
Nays: None
Absent: None
Date: May 6, 20'1-�
xc: E.0. m ern R-2)
El ❑ I Prev. Agn. Ref.: 3-7 of 6/18/2013 1 District: 4"' & 5"' 1 Agenda Number:
SUBMITTAL TO THE BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FORM 11: NPDES Stormwater Discharge Permit — 2014 Implementation Agreement for the Whitewater River
Region — Contract number of years: Five. District 4/District 5
DATE: April 24, 2014
PAGE: 2 of 2
BACKGROUND:
Summary (continued)
The First Amendment to the 2008 Implementation Agreement extended the 2008 Agreement's term by one
year to allow for the provisions of this 2014 Implementation Agreement to be developed and written after the
adoption of the 2013 NPDES MS4 Permit by the Colorado River Regional Water Quality Control Board
(CRWQCB).
On June 20, 2013, the CRWQCB adopted the 2013 MS4 Permit, pursuant to Section 402(p) of the Federal
Clean Water Act. The Permit designates the County and Flood Control as Principal Permittees, and
designated the CVWD and the cities as Co-Permittees. It is in the best interest of both the Principal Permittees
and the Co-Permittees to work cooperatively to facilitate the administration and implementation of the 2013
NPDES MS4 Permit requirements.
County Counsel has reviewed- and approved the Agreement as to legal form. There is a companion item on
the Flood Control portion of the agenda on this day.
Impact on Residents and Businesses
No additional impact to residents or private businesses from the previous MS4 Permit and associated 2008
Implementation Agreement.
5 m
0I
SUBMITTAL TO THE FLOOD'CONTROL AND
WATER CONSERVATION DISTRICT BOARD OF SUPERVISORS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FROM: General Manager -Chief Engineer
L1 0 --1
urn
o�
u
'ySfgyAil
���iii...✓✓� SUBMITTAL DATE:
May 6, 2014
SUBJECT: Approve NPDES Stormwater Discharge Permit — 2014 Implementation Agreement for the
Whitewater River Region between the District and County of Riverside, Coachella Valley Water District
and Cities (listed below). District 4/District 5; Contract number of years: Five; [$400,000]; District Funds
100%.
RECOMMENDED MOTION: That the Board of Supervisors:
Approve the 2014 Implementation Agreement between the District, County of Riverside, Coachella Valley
Water District (CVWD), and the Cities of Banning, Cathedral City, Coachella, Desert Hot Springs, Indian
Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage (Permittees), and authorize the
Chairman to sign the Agreement on behalf of the District.
BACKGROUND:
Summary
The 2014 Implementation Agreement sets forth program cost -sharing provisions, and the terms and
conditions by which the Permittees perform and execute activities and responsibilities prescribed in the
2013 Whitewater River Region NPDES MS4 permit, which was recently adopted by the Colorado River
Regional Water Quality Control Board (CRWQCB). For the past year, the P,armittees have opfe ed
under the First Amendment to the 2008 Implementation Agreement, which is/due to -`expire on '20,
2014. ; y'
WARREN D. WILLIAMS
General Manager -Chief Engineer
FINANCIAL DATA I Current Fiscal Year: I Next Fiscal Year: I Total Cost: I Ongoing Cost: I POLICY/CONSENT
COST Is 0 $ 80,000 $ 400,000 $
NET DISTRICT COST $ 0 $ 80,000 $ 400,000 $
SOURCE OF FUNDS: 25180 947540 525440 NPDES Whitewater
Assessment
C.E.O. RECOMMENDATION:
County Executive Office Signature
! Consent ❑ Policy ❑
Budget Adjustment: N/A .
For Fiscal Year: 14/15 —18/19
ON
MINUTES OF THE FLOOD CONTROL AND WATER CONSERVATION DISTRICT
On motion of Supervisor Stone, seconded by Supervisor Ashley and duly carried
by unanimous vote, IT WAS ORDERED that the above matter is approved as
recommended.
Ayes:
Nays:
Absent:
co Lo Lo Dater
4 xc:
❑ ❑ I Prev. Agn. Ref.:
Jeffries, Tavaglione, Stone, Benoit and Ashley
None
None
M:ay-;6, 2014
Flo10' COl'Yl
Oenl � - 1)
District: 4 &5 ' 1 Agenda Number:
Ke is Harper -Them
Cieof the oar
By
.Deputy
11-2
SUBMITTAL TO THE FLOOD CONTROL AND WATER CONSERVATION DISTRICT
BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FORM 11: Approve NPDES Stormwater Discharge Permit — 2014 Implementation Agreement for the
Whitewater River Region between the District and County of Riverside, Coachella Valley Water District and
Cities (listed below). District 4/District 5; Contract number of years: Five; [$400,000]; District Funds 100%.
DATE: May 6, 2014
PAGE: Page 2 of 2
BACKGROUND:
Summary (continued)
On June 20, 2013, the CRWQCB adopted the 2013 MS4 Permit, pursuant to Section 402(p) of the Federal
Clean Water Act. The Permit designates the District and the County as Principal Permittees, and designated
the CVWD and the cities as Co-Permittees. It is in the best interest of both the Principal Permittees and the
Co-Permittees to work cooperatively to facilitate the administration and implementation of NPDES MS4 permit
requirements.
County Counsel has reviewed and approved the Agreement as to legal form.
Impact on Residents and Businesses
Existing funding mechanisms (Whitewater Watershed Benefit Assessment Area) will be utilized for District
cost -share expenditures; no incremental impact to residents or private businesses.
SUPPLEMENTAL:
Additional Fiscal Information
NPDES MS4 Permit compliance costs have historically varied from year to year. The Agreement stipulates
that the District's cost -share amount is 7% of the total costs subject to cost -share for each fiscal year.
Contract History and Price Reasonableness
The 2014 Implementation Agreement renews MS4 permit compliance program cost -sharing provisions, and
implementation terms and conditions for the Permittees under the 2013 MS4 Permit; an agreement of this kind
has been in place in the Whitewater River Region since the 2001 Permit term. No cost changes are being
recommended.
SEB:cw