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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 27 28 -1- 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. 28 -2- 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 28 -3- I PERMIT Parts F.l.a.ix and L.10.A, shall be conducted only by those 2 PARTIES located within the tributary area where an IC/ID incident has 3 occurred and follow-up investigation is required. DISTRICT and CVWD 4 may, at their mutual agreement, implement alternative approaches for 5 sample collection, including use of CONSULTANTS (as defined below), 6 reassigning monitoring sites between DISTRICT and CVWD, or other 7 alternative approaches intended to facilitate 2013 PERMIT compliance. 8 The DISTRICT's and CVWD's responsibilities hereunder shall include, but 9 not be limited to, the selection of 2013 PERMIT sampling sites (subject to 10 approval by the CRWQCB-CRB), the collection of samples in accordance 11 with 2013 PERMIT Parts L.7 through L.10.D, and the submission of 12 samples to approved laboratories. DISTRICT shall be responsible for the 13 conduct of special studies, as required in 2013 PERMIT page 86. CVWD 14 shall be reimbursed for its SHARED COSTS associated with sample 15 collection and laboratory analysis through the application of an equivalent 16 credit towards CVWD's fiscal year Cost -Share amount, as described in 17 Section 5. 18 (1) Notwithstanding any other provision in this Agreement, the CITY 19 of COACHELLA shall be solely responsible for all duties and costs 20 associated with the performance of Coachella Valley Stormwater 21 Channel Bacteria Indicators TMDL ("CVSC TMDL") Phase I 22 Monitoring (2013 PERMIT Part G, pages 58-59, and Part L, pages 23 85-86), including all monitoring, analysis and reporting performed 24 pursuant to its Quality Assurance Project Plan and Monitoring Plan 25 and shall be responsible, along with any other Party to this Agreement 26 which may hereafter be named as a responsible party under the CVSC 27 28 -4- I TMDL, to otherwise comply with monitoring requirements under the 2 CVSC TMDL. 3 C. Principal Permittee and Reporting. DISTRICT shall perform and/or 4 coordinate all responsibilities assigned to the Principal Permittees in 2013 5 PERMIT Part E.2. DISTRICT shall coordinate the preparation of, and 6 submit to the CRWQCB-CRB, the Annual Report required in 2013 7 PERMIT Parts E.2 and N, the Annual Monitoring Report required in 2013 8 PERMIT Parts L.11 and N and the Report of Waste Discharge required in 9 2013 PERMIT Part I.1. Upon DISTRICT's request, COUNTY, CVWD 10 and CITIES shall, at no cost to DISTRICT, timely provide to DISTRICT 11 (on DISTRICT -approved forms) all information needed to meet the above- 12 referenced reporting requirements. Additionally, when requested by a 13 PARTY, the DISTRICT shall provide information on 2013 PERMIT 14 programs implemented or coordinated by the District to assist that PARTY 15 in its preparation of reports required under 2013 PERMIT PART I, in 16 making a report to the CRWQCB-CRB, or in responding to requests for 17 audits or other information by the CRWQCB-CRB or EPA. 18 D. Other Municipal Stormwater Programs. In addition to programs required 19 under the 2013 PERMIT and set forth in Sections 4.A-4.C, the DISTRICT 20 shall perform and/or coordinate other programs related to municipal 21 stormwater issues (including, but not limited to, the Compliance 22 Assistance Program, development of a new NPDES MS4 permit, 23 development of potential TMDL programs, development of a CWA 303(d) 24 list of impaired waterbodies, work related to non -PARTY dischargers, 25 preparation and filing of claims for unfunded state mandates, as well as any 26 other such programs as the PARTIES shall agree). 27 28 -5- 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 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 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 "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 -7- 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 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 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 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 1' 2 3 4 5 6 7 8 a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -10- 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 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. -11- 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 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 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 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 -13- 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 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 -14- 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 APPROVED AS TO FORM: By: City Attorney ATTEST: By: OCllit-y"derk' CyMalla LIM RAL CITY Dated: 10 -2-7 - 2-0 /y -15- 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 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( -16- 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 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¢ -17- 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 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 -18- 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 APPROVED AS TO FORM: By: - 0 a City Attorne ATTEST: CITY OF INDIO By: Mayor Dated: llgll C' y Clerk -19- 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 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 -20- 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 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 -21- 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 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 -22- 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 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 - 23 - 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 951.788.9965 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 :, :r- w c Z, D U�' Z D O c� a w O m ■ ■ 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