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HomeMy WebLinkAboutAgenda - 12-06-2010 - 4k1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 6, 2010 Action Agenda Item No. ~{- - K SUBJECT: Interlocal Agreement between Town of Hillsborough and Orange County for Stormwater Program Management and Erosion Control Services DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No Erosion Control Division ATTACHMENT(S): INFORMATION CONTACT: 1. Interlocal Agreement (Contract Document, approved by Hillsborough) Craig Benedict, Planning Director 2. Cost Recovery Summary 245-2592 Terry Hackett, Erosion Control Officer II 245-2588 Ren Ivins, Erosion Control Supervisor 245-2586 PURPOSE: To consider approval of an updated Interlocal Agreement to continue implementation of the stormwater and erosion control programs for the Town of Hillsborough by Planning & Inspections' Erosion Control Division. BACKGROUND: In 1972, the National Pollutant Discharge Elimination System (NPDES) program was established under the authority of the Federal Clean Water Act. In North Carolina, the Department of Environment and Natural Resources, Division of Water Quality (NCDWQ) administers the NPDES Stormwater program. NCDWQ designated the Town of Hillsborough (Town) as a Phase II community and issued the Town's initial NPDES Phase II permit on October 1, 2005. The permit required the Town to develop, implement, and enforce a stormwater program designed to reduce the discharge of pollutants from its Municipal Separate Storm Sewer System (MS4) to the maximum extent practicable. The program was implemented in phases over the last five years through an interlocal agreement with Orange County (County). Recognizing the need for assistance and the economic benefits of collaboration, the Town entered into the agreement with the County in March 2006. The County was already implementing a program with similar components pursuant to the Stormwater Ordinance for Lands within the Neuse River Basin. Under this agreement, the County provided services to develop and implement the Town's stormwater program in return for monetary compensation. To date, the services provided by the County have been fully compensated by the Town. In addition, Orange County has conducted soil erosion and sedimentation control for the Town of Hillsborough since 1975. Soil erosion and sedimentation control is actually a requirement of the Town's NPDES Phase II stormwater permit. Thus, it is logical that one Interlocal Agreement encompass both stormwater and erosion control services. 2 The initial Interlocal Agreement expired on September 30, 2010, along with the Town's current NPDES stormwater permit. Town and County staff have reviewed the Town's new permit and an updated Interlocal Agreement has been drafted. The Town of Hillsborough approved the new agreement at its November 8, 2010 Town Board Meeting with amendments. The amendments include annual renewal and four equal payments per year. The Interlocal Agreement includes a work plan defining the scope of services. Execution of this Interlocal Agreement will provide the means for the continued implementation of the aforementioned stormwater and erosion control programs. The County Attorney has reviewed the agreement and provided input, including adding language allowing continuation of services for 90 days to allow for renewal of the one-year terms. The County Attorney also reviewed the agreementt to ensure no conflict of interest. The Erosion Control Division does not review or inspect local government projects, whether the projects are Orange County's or other municipalities, so there is no conflict of interest. FINANCIAL IMPACT: The Erosion Control Division is presently partially funded through user fees paid by developers requiring land-disturbing permits. As stated in the agreement, developer fees for erosion control are collected and retained by the County. These fees may change at the County's discretion and would not require amending the agreement. The additional duties required to implement the Town's NPDES stormwater program will be funded solely through payment to the County by the Town as outlined in Schedule A of the Interlocal Agreement (see Attachment 1). To determine if the proposed fees were appropriate, a cost recovery analysis was completed. The analysis was based upon estimated annual work-hours required to complete tasks as described in the work plan and on current budget allocations for personnel costs, benefits, operating costs and overhead. Staff work-hours and costs were spread among the entire Erosion Control Division staff. Attachment 2 summarizes the cost recovery analysis. As shown in Attachment 2, the prescribed funding is expected to be sufficient to offset staff time and cover equipment costs needed by the County to implement the program. The Interlocal Agreement does contain a provision that allows funding to be evaluated and adjusted if agreed upon by both the Town and County. This evaluation is expected to occur annually at the end of each year of the Town's permit. RECOMMENDATION(S): The Manager recommends the Board approve the Interlocal Agreement and authorize Chair to sign the Interlocal Agreement. Attachment STATE OF NORTH CAROLINA COUNTY OF ORANGE 1NTERLOCAL AGREEMENT INTERLOCAL AGREEMENT TOWN OF HILLSBOROUGH THIS INTERLOCAL AGREEMENT made as of 2010, by and between ORANGE COUNTY, a political subdivision of the State of North Carolina (hereinafter "County") and the TOWN OF HILLSBOROUGH, North Carolina, a municipal corporation of the State of North Carolina (hereinafter "Town"). WITNESSETH: WHEREAS, this ]nterlocal Agreement is entered into pursuant to G.S. §160A-458 and G.S. §160A-459, which authorize towns to adopt and enforce storm water and erosion control ordinances, and G.S. §160A-360(d) which permits the Town to request the Board of County Commissioners to exercise their powers within Town's jurisdiction, and they shall thereupon be empowered to do so until the TOWN officially withdraws its request in the manner provided in G.S. §160A-360(g). (1969, c. 1065, s. 1; 1971, c. 698, s. l; 1973, c. 426, s. 64; 1993, c. 232, s.3.) WHEREAS, this Interlocal Agreement is entered into pursuant to G.S. § 160A-461 (Interlocal Cooperation), North Carolina Statutes, which permits the Town and the County to resolve to enter into a contract of reasonable duration to execute an undertaking within the Town's planning jurisdiction; WHEREAS, County maintains a Department of Planning and Inspections, which includes an Erosion Control Division ("Erosion Control") that conducts site plan review and inspections, administers the Orange County Soil Erosion and Sedimentation Control Ordinance and the Stormwater Ordinance for Lands Within the Neuse River Basin, maintains administrative offices and records; WHEREAS, on 2010, the State of North Carolina. Department of Environment and Natural Resources, Division of Water Quality (hereafter the "Division of Water Quality") issued to the Town Permit No. NCS000466, effective October 1, 2010, and expiring on midnight on October 1, 2015 (hereafter the "Permit"), authorizing the Town to discharge stormwater from the Town's Municipal Separate Storm Sewer System under the National Pollutant Discharge Elimination System (NPDES); WHEREAS, the Town is desirous of procuring selected services of County for the performance of Permit compliance and enforcement of the Orange County Soil Erosion and Sedimentation Control Ordinance (hereafter the "Erosion and Sedimentation Control Ordinance") within the municipal boundaries and/or of the Town's Extraterritorial Jurisdiction as may be changed from time to time; WHEREAS, County, through said Erosion Control Division, is willing to perform such services pursuant to the terms and conditions hereafter set forth; 4 WHEREAS it is in the best interest of the citizens of the Town and County to promote a sustainable community that provides for the monitoring of soil erosion, sedimentation control and protection of water quality; and WHEREAS approval of this Interlocal Agreement can help promote a sustainable community; NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE FULFILLMENT OF THE TERMS OF THIS INTERLOCAL AGREEMENT, THE COUNTY AND TOWN AGREE AS FOLLOWS: ARTICLE 1-SCOPE OF SERVICES 1.1 The Town shall be responsible for protecting the quality of storm water runoff and surface waters in the Town to the extent required by the Clean Water Act and associated regulations promulgated by the United States Environmental Protection Agency and/or the State of North Carolina, and other laws and regulations that may apply to the Town. However, on behalf of the Town, the County will fulfill during the term of this Interlocal Agreement, and any subsequent renewal thereof, the selected services related to the Town's Permit that are identified in the annual workplan set forth in section A2 of the attached Schedule A (hereafter the "Annual Workplan) as the "County's Ministerial Responsibility" for the first and any such subsequent renewal term (hereafter the "Services"), provided the Town fulfills the terms of this Interlocal Agreement and each Interlocal Responsibility identified in the Annual Workplan as the "Town's Responsibility" for the first and any such subsequent renewal term of this Interlocal Agreement. 1.2 The County shall during the term of this Interlocal Agreement and any subsequent renewal thereof, enforce the Erosion and Sedimentation Control Ordinance as it is currently enacted and as it may be amended or reenacted from time to time, and perform such other services in connection with the enforcement of the ordinance (hereafter the "Services") described in Schedule B. 1.3 Town hereby grants County the right to go upon and otherwise access Town property, including any drainage easements, and the rights-of--way of streets within the Town which have been accepted for dedication by the Town, for purposes of carrying out the Services. County shall not be required to provide Services on private property, unless the Town provides the County with legal right of access to the same. 1.4 County through its employees shall be responsible for the performance of the Services, including the staff of the Erosion Control Division of the County's Planning and Inspections Department, or any successor division or department as may be designated by the County Manager. 5 ARTICLE 2 -FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY 2.1 It is specifically understood and agreed as provided in Article 1 of this Interlocal Agreement, all rights and powers as may be vested in the Town pursuant to the permit(s) requirement(s), laws of the State of North Carolina, or any other law or ordinance or Charter provision of the Town, shall be retained by Town. It shall be the responsibility of parties other than the County to perform Services not specifically identified as Services to be performed by the County. It is further understood and agreed that the Services to be provided by the County are not intended to include any fmctions related thereto that are identified below as excluded functions,. which shall remain the exclusive responsibility of the Town (hereinafter "Excluded Functions"): Excluded Functions Le al Services En ' Bering Water Management Drainage Districts Natural Resource Protection Other functions identified in section A3 of the Schedule A as "Excluded Functions" or identified in the Annual Workplan (Section A2 of Schedule A) as the "Town's Res onsibility". 2.2 In the event Town desires to have County add any Excluded Functions to the Services hereunder, a separate agreement therefore may be entered into between Town and County pursuant to Article 8.6 of this Interlocal Agreement. ARTICLE 3 -COMPENSATION 3.1 Stormwater Services: The Town shall reimburse County for the expenses associated with the Services provided by County for each Permit Year in the amounts set forth in section Al of Schedule A. Payments for each permit yeaz shall be due and payable to the County in four equal installment payments of Twenty Thousand One Hundred Seventy Five Dollazs ($20,.175.00) on October 1, January 1, April 1 and July 1 of the contract year. The Town shall, within 60 days of submission of an invoice by the County, reimburse the County for services provided in the current permit yeaz. The November 30th date coincides with the required submittal of the Town's annual report to the state. Prior to issuance of the invoice the County will provide the Town a copy of the annual report for review and upon acceptance of the annual report the invoice will be submitted. As part of this process the County will provide the Town monthly activity reports and quarterly expense reports.. The parties shall evaluate the "annual Fees" set forth in Schedule A on the anniversary of this Interlocal Agreement, and by mutual written agreement adjust the fees to provide reasonable compensation to the County for the performance of Services. In the event either party terminates this Interlocal Agreement prior to the expiration of its term or any extension thereof, a prorated fee will be determined by mutual written agreement and reimbursed to the appropriate parry based on the value of Service performed till the date of termination. 6 3.2 Stormwater Management, New Development: County shall directly collect permit fees to provide the Services set forth in the annual work plan in section A2 of Schedule A, related to stormwater management plan review and approval for new development. County shall issue stormwater management plan approvals in accordance with the fees charged by County, as such fees may be amended from time to time. All fees shall be retained by County and no other reimbursement from TOWN will be required for the provisions of Services set forth in Section 1.2 and Schedule "B" of this Interlocal Agreement. . 3.3 Erosion and Sedimentation Control: County shall directly collect permit fees to provide the Services set forth in Section 1.2 above and on Schedule "B". Permits shall be issued by County in accordance with the fees charged by County, as such fees may be amended from time to time. All fees shall be retained by County and no other reimbursement from TOWN will be required for the provisions of Services set forth in Section 1.2 and Schedule "B" of this Interlocal Agreement. ARTICLE 4 -GOVERNMENTAL IlVIlVIiTNITY 4.1 To the extent permitted by law, Town agrees to indemnify and hold County harmless from and against any and all claims, liabilities, damages and expenses, including attorney's fees, arising from the Town's operation and maintenance of the Town's Municipal Separate Storm Sewer System and from the implementation of the Permit. Town and County agree to indemnify and hold, each other harmless from and against any and all claims, liabilities, damages and expenses, including attorney's fees arising from enforcement of the Erosion and Sedimentation Control Ordinance, Storm Water Ordinance or this Interlocal Agreement. Nothing herein is intended to serve as a waiver of sovereign or governmental immunity by any parry to which such immunity may be applicable. There shall be no third party beneficiaries to this Interlocal Agreement, and nothing herein shall be construed as consent to be sued by third parties in any matter arising out of this Interlocal Agreement or any other agreement. ARTICLE 5 -TERM OF INTERLOCAL AGREEMENT 5.1 The term of this Interlocal Agreement shall be for a period of one (1) year from the date of execution thereof until midnight on October 15, 2011, unless terminated by either party as provided for herein. The Interlocal Agreement maybe renewed up to four (4) additional one-year terms upon the written agreement of both parties. If, at the expiration of the initial one-year term or any subsequent one-year term, the parties have not renewed this Interlocal Agreement, and if the Town has not established other means of providing the services set out in Article 1 above, the terms and conditions of this Interlocal Agreement will continue in full force and effect for a period of ninety (90) days from the date of the expiration of the one-year term. The purpose of this ninety (90) day extension is to allow the Town sufficient time to establish provision of the services set out in Article 1 above or to allow the parties sufficient time to extend this Interlocal Agreement. Upon the expiration of the ninety (90) day extension, in no event and under no circumstances will the County provide or be obligated to provide further services of any kind pursuant to this Interlocal Agreement or any extension thereof. ARTICLE 6 - TERIVIINATION 6.2 Either party may terminate this Interlocal Agreement, with or without cause, by providing notice to the other party of termination in writing at least 4 months prior to the effective date of termination. This Interlocal Agreement may also be terminated by court order upon the finding that there has been substantial breach of this Interlocal Agreement by the non-complaining party so as to entitle the complaining party to be relieved of its obligations under this Interlocal Agreement. ARTICLE 7 -NOTICES 7.2 The Town's renewal offer and any and all notices given or required under this Interlocal Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: TO COUNTY: TO TOWN: Craig N. Benedict, AICP Orange County Planning & Inspections Director P.O. Box 8181 Hillsborough, N.C. 27278 With copy to: Frank W. Clifton, Jr. Orange County Manager P.O. Box 8181 Hillsborough, N.C. 27278 Eric Peterson Hillsborough Town Man er Hillsborough, N.C. 27278; cc/Nicole Ard, Assistant Town Manager ARTICLE 8 - MICELLANEOUS PROVISIONS 8.1 Remedy: The parties agree that the remedy of specific performance would be an appropriate remedy, among others, for the enforcement of this Interlocal Agreement. 8.2 Assi ngnme_nt: Neither party shall have the right to assign this Interlocal Agreement without the advance written permission of the other party. 8.3 Waiver: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Interlocal Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 8 8.4 Severability: The invalidity of any provision of this Interlocal Agreement shall in no way affect the validity of any other provision. 8.5 Entire Agreement: It is understood and agreed that this Interlocal Agreement incorporates and includes all prior negotiations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Interlocal Agreement that are not contained in this document. It is further understood and agreed that this Interlocal Agreement revokes and supersedes all prior agreement between the parties relating to the subject matter contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 8.6 Modification: It is further agreed that no modifications, amendments or alterations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8.7 Governing Law: Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the State of North Carolina, the venue situs, and shall be governed by the laws of the State of North Carolina. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each parry hereby waives any rights it may have to a trial by jury of any such litigation. 8.8 Interpretation: This Interlocal Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such parry's preparation of this Interlocal Agreement. 8.9 Recording: This Interlocal Agreement may be recorded in the public records of Orange County, in accordance with the North Carolina General Statutes. 9 IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement Between the County and Town for selected Services to be performed by the County on the respective dates under each signature: ORANGE COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the of (date) and the TOWN, through its Board of Commissioners signing by and through its Mayor, authorized to execute same by Council action on the day of (date). COUNTY ATTEST: Donna S. Baker, Clerk, Orange County Board of Commissioners ORANGE COUNTY By Valerie P. Foushee, Chair, Orange County Board of Commissioners day of (date) APPROVED AS TO FORM: By County Attorney TOWN Attest: own Clerk/Directof of Adminstration Town of Hillsborough TOWN OF HILLSB OUGH By s Tom Stevens, Mayor, Hillsborough Board of Commissioners day f (date) By own//Manager ,2A~day of ,Uc~(P ,Z 0/0 (date) APPRO D AS TO F RM: By Town d~ttorney ~o STATE OF NORTH CAROLINA COUNTY OF ORANGE NPDES PERMIT NCS000466 INTERLOCAL AGREEMENT TOWN OF HILLSBOROUGH NPDES PERMIT NUMBER NCS000466 INTERLOCAL AGREEMENT SCHEDULE A A1) -ANNUAL FEES The following fees are in addition to any user fees that third parties may be required to pay to the County for any services provided by the County to the Town. PERMIT YEAR DATES ANNUAL FEES 1 October 1, 2010-September 30, 2011 $80,700 2 October 1, 2011-September 30, 2012 $80,700 3 October 1, 2012-September 30, 2013 $80,700 4 October 1, 2013-September 30, 2014 $80,700 5 October 1, 2014-September 30, 2015 $80,700 11 A2) -ANNUAL WORKPLAN Town of Hillsborough Stormwater Management Program 1 2 Work Plan September 2010 INTRODUCTION In 1972, the National Pollutant Discharge Elimination System (NPDES) program was established under the authority of the Federal Clean Water Act. Phase 1 of the NPDES Stormwater program was established in 1990. It required NPDES permit coverage for municipalities with populations of 100,000 or more. Phase II of the NPDES Stormwater program was signed into law in December 1999. The Phase II program extended pem~it coverage to smaller (< 100,.000 pop.) communities and public entities that own or operate a municipal separate storm sewer system (MS4). It required these smaller communities to develop a stormwater program and obtain an NPDES permit for stormwater discharges. In North Carolina, the Department of Environment and Natural Resources, Division of Water Quality (NCDWQ) administers the NPDES Stormwater program. NCDWQ issued the Town of Hillsborough's (Town) initial Phase II permit, on October 1, 2005. The permit required the Town to develop, implement, and enforce a stormwater program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable. The program was implemented in phases over the last five years. Pursuant to the permit the stormwater program included the following six minimum measures or best management practices (BMPs): 1. Public education and outreach on stormwater impacts; 2. Public involvement/participation; 3. Illicit discharge detection and elimination; 4. Construction site stormwater runoff control (Erosion Control); 5. Post-construction stormwater management for new development and redevelopment; 6. Pollution preventionlgood housekeeping for municipal operations. Recognizing the need for assistance and the benefits of collaboration,. the Town. entered into an inter-local agreement with Orange County (County) in March 2006. Under this agreement, the County provided the Town. with services to implement the Town's Stormwater Program pursuant to their NPDES Phase II stormwater permit. The County was already implementing a similar program required under the Neuse River Basin rules (including education, post-construction stormwater, and illicit discharge requirements), as well as a locally delegated erosion control program. This agreement not only benefited the Town, but also benefited the County by essentially implementing one program that satisfies both the Town's Phase II stormwater requirements and the County's Neuse River Basin stormwater program requirements. By collaborating, both entities satisfied requirements more economically. The Town's Stormwater Program operates as a division of the Public Works Department. The Assistant Town Manager oversees the program and works closely with the County stormwater staff. The stormwater program is implemented 6y Orange County's Erosion Control Division. n-~~ i n ..r~~ Town of Hillsborough Stormwater Management Program Work Plan September 2010 STORMWATER MANAGEMENT PROGRAM The following sections describe the Town's stormwater management program and measurable goals for each BMP. Measurable goals are based on the Town's current NPDES Phase Il permit, original stormwater management plan, and modifications needed to best meet the objectives of the Town's Stormwater Program during its initial implementation. While the six BMPs are not expected to change over the life of this stormwater management plan, measurable goals may be modified, removed, or new goals added. Changes may be necessary to meet permit renewal requirements, changes in resources, or to be more effective in reducing impacts to the MS4. Modifications to these goals will be documented within the required annual report. 1. Public Education and Outreach The Town's stormwater public education and outreach program includes dissemination of educational materials, stormwater newsletter, school programs centered on earth day celebrations, stormwater best management practices (BMPs) demonstration site at Stillhouse Creek, and membership in the Clean Water Education Partnership. Measurable Goals • Develop and Distribute Materials Develop educational materials or modify/utilize existing materials available from other agencies. Distribute educational materials through educational programs, local events (such as Hog Day, Eno River Festival, Last Friday's, etc.) and place informational flyers at Town Hall,. the Orange County Library, and the Orange County Planning and Inspections Department. • Stormwater Newsletter Write articles and publish The Stormwater Almanac a local newsletter developed by Orange County stormwater staff, two to four times annually. Paper copies of the newsletter will be distributed at various events and educational programs. Work with the Town's public information officer to post the newsletter on the Town's website and send a notification when a new issue is available to those subscribed to the Town's email notification list. • School Programs Partner with other local government departments conducting environmental education to conduct school programs. This includes participation in established Earth Day and Earth Walk programs coordinated by Orange Soil and Water Conservation District (OSWCD). Support other departments such as Orange County Parks and Recreation and Environment and Resource Conservation Department (ERCD) that also conduct school programs. Continue support of the "eco-classroom" at C.W. Stanford and Orange High Schools, which has a strong stormwater education component. 13 n.,..., t i ..rte-r Town of Hillsborough stormwater Management Program ~ 4 Work Plan September 2010 • Stillhouse Creek Program Continue collaboration with OSWCD, ERCD, and Hillsborough's Public Works department on the stormwater BMP demonstration project. Since this is a highly visible location, staff will continue developing an educational program centered on this area. This may include a rain garden workshop(s) and possibly other outreach events promoting these stormwater BMPs. Educational materials will be installed within the information kiosk that is part of the demonstration project. • Additional Educational Programs The Town of Hillsborough is a member of the Clean Water Education Partnership (CWEP). CWEP leverages resources from multiple local governments to conduct educational and outreach programs geared towards reducing stormwater runoff pollution and clean water. Programs include mass media campaigns such as television, radio, Internet, and printed materials. Orange County stormwater staff will continue representing the Town's interests on the CWEP steering committee. Continue providing educational programs to scouts groups, homeowner associations, and other civic groups as requested. Provide educational. information to local business, and evaluate the feasibility of conducting workshops for local business targeting illicit discharge and good housekeeping practices. 2. Public Involvement and Participation The Town's stormwater public involvement and participation program includes maintaining an informational website with contact information, participation in local events and festivals, participation in NC Big Sweep, volunteer stream monitoring at two locations, input from the Town board, and a rain garden program. Measurable Goals • Public Meeting The Town of Hillsborough will conduct one public meeting to allow local citizens to review and provide input on the stormwater management plan. • Informational Website and Hotline Provide stormwater content and information. for the Town maintained website. Include contact information for citizens to report concerns or make requests. Respond to citizen request as warranted. • Outreach Events/Festivals Participate in various local events and festivals. This may include Hillsborough's Hog Day Festival, Eno River Festival, Last Friday's, H2Orange meetings, and other events/festivals. Hand out information to the public regarding stormwater impacts and answer citizen questions. n_~_ ~~ ..r~~ 15 Town of Hillsborough Stormwater Management Program Work Plan September 2010 • NC Big Sweep Coordinate the Town's participation in the annual NC Big Sweep event each fall. • Volunteer Stream Monitoring Currently there are three volunteer groups conducting stream monitoring within the Town's jurisdiction. A local Boy Scout Troop is conducting monitoring of Stillhouse Creek; Triangle Fly Fishers a local Trout Unlimited and Federation of Fly Fishers affiliate, has recently started monitoring a section of the Eno River; and another volunteer group made up from students at CW Stanford middle school has began. monitoring the stream flowing through their eco-classroom. Continue providing assistance to volunteer groups currently conducting stream monitoring. Assistance may include training, providing materials (as resources allow), and review collected data to determine possible water quality trends. As part of this goal, information will be disseminated to other volunteer groups interested in starting a stream monitoring program. • Town Board and Planning Board Input Once annually, present an update to Hillsborough's Town Board regarding the stormwater program and seek input on pertinent issues. Once annually, present information to the Town's Planning Board and/or Board of Adjustment regarding stormwater impacts from development. • Rain Garden Program Distribute handouts and information on rain gardens to local citizens through events, festivals, and information requests. Conduct a rain garden workshop, centered on the rain garden at Stillhouse Creek. Coordinate with other local staff to promote installation of rain gardens, and provide technical expertise in designing and constructing rain gardens as needed and as time and resources allow. 3. Illicit Discharge Detection and Elimination The Town's stormwater illicit discharge detection and elimination program is outlined in its //licit Discharge Detection and Elimination Plan (IDDEP). This IDDEP details measures that Town staff follows to find and eliminate illicit discharges and connections to the MS4. Under their new permit,. the IDDEP shall an enforcement response plan describing actions to be taken for common violations. Other components of this program include employee cross-training, updating mapping, and evaluating funding sources to expand the program. Measurable Goals • Procedures for Illicit Discharge Detection and Elimination Continue implementing the Town's IDDEP. This includes identifying at least one new priority area annually and conducting dry weather inspections of the area identified. Maintain information in a database or other appropriate mechanism. n,.~,, i ~ _r~~ Town of Hillsborough Stormwater Management Program Work Plan September 2010 • Enforcement Response Plan Update the IDDEP to contain appropriate enforcement response procedures describing actions to address common violations of the IDDEP. • Conduct Employee Cross-trainin4 Conduct at least one training session for Town employees during the permit cycle. Provide information regarding appropriate training sessions provided by other entities. Identify other Town employees that can be cross-trained. • Update Mapping Update the GIS stormwater mapping system to reflect changes to the MS4 as necessary. This may include updating stormwater system components for new development, repairs, and maintenance, in addition to updating stream data based on surface water identification requests. Mapping updates of the MS4 is solely the Town's responsibility. • Local Stream Monitoring Complete current stream sampling project,. assess results and provide a report summarizing the data and possible implications. Eva{uate the need for additional stream sampling/monitoring. Identify possible partnerships for collaborative sampling/monitoring efforts. • Public Education and Reporting Generally,. this portion of the stormwater management plan is included in sections 1 and 2 above and will include distribution of an illicit discharge fact sheet to residences and businesses through events described above. • Explore funding Provide input to the Town so that funding sources and funding options can be fully explored. Discuss funding options with the Town Board. Ultimately, it is the Town's responsibility to fund their stormwater program. 4. Construction-Site Stormwater Runoff Control Orange County implements and enforces construction site stormwater runoff control. for the Town of Hillsborough's through its erosion.. control program. Orange County has local delegated authority from the state to implement an erosion control program. This work plan is part of a legal agreement allowing Orange County to enforce the Orange County Soil Erosion and Sedimentation Control Ordinance within the Town's jurisdiction. Measurable Goals • Plan Review Review and approve erosion control plans for proposed new development projects within the Town's jurisdiction to ensure compliance with the Orange County Erosion Control Ordinance. 16 n..._., 1 A ..F'17 Town of Hillsborough stormwater Management Program Work Plan September 2010 • Inspections Inspect permitted construction sites within the Town's jurisdiction to ensure compliance with approved erosion control plans. As needed, request corrective actions, issue notice of violations and stop work orders as outlined in Orange County's Erosion Control Ordinance. 5. Post-Construction stormwater Management The Town's post-construction stormwater program includes four primary components: new development review, stormwater BMP inspection, education and outreach, and retro-fit opportunities. Legal agreements are in place allowing Orange County to implement and enforce the Town of Hillsborough's post-construction stormwater regulations. Measurable Goals • New Development Review Review and approve proposed new development projects to ensure compliance with the Town's stormwater post-construction requirements.. This includes addressing nutrient loading since the Town is within an NSW (Neuse Basin and Falls Lake Watershed). • BMP Inspections Inspect new structural stormwater BMPs at the time the project is complete to ensure compliance with approved plans. Map new BMPs using. GPS/GIs technology. Review required annual inspection reports submitted by the BMP the owner. Conduct follow-up inspections as warranted and provide inspection reports to owner outlining follow up actions. Issue notice of violations if warranted. • Education/Outreach This portion. of the post-construction stormwater management program is part of the overall education/outreach component described in items 1 and 2 above. Primarily this includes providing information to businesses, home owner associations and other stormwater BMP owners about maintenance and inspection requirements. • Retro-fit Opportunities Identify at least one new possible stormwater retro-fit location annually. Evaluate sites already identified based on land availability, willing ownership, potential for pollution reductions, and other pertinent variables. Rank these sites and evaluate grant availability and/or other funding sources to implement retro-fifs. Identify potential partnerships to develop and fund retro-fit projects. • ReQUlatorv Support Provide input to the Town's Planning Department regarding regulatory requirements for the Falls Lake Nutrient Management Strategy rules and the 17 T...... 1 C ..C'17 Town of Hillsborough Stormwater Management Program Work Plan September 2010 portion of the Town's Unified Development Ordinance process that pertains to stormwater. Input will consist of review of proposed regulations to ensure compliance with the Town's NPDES stormwater permit. 6. Pollution Prevention/Good Housekeeping for Municipal Operations The Town's pollution prevention/good housekeeping program includes four primary components: evaluate Town operations, corrective action,. employee training, and public awareness. The following facilities are owned by the Town and included in the Good Housekeeping plan: 1. Community Policing Center 2. Cemetery 3. Motor Pool 4. Police Department 5. Public Parking Lot 6. Gold Park 7. Public Works Measurable Goals • Evaluate Town Operations 8. Town Hall 9. Town Hall Annex 10. Tumip Patch Park 11. Water Treatment Plant 12. Waste Water Treatment Plant 13.Orange County Museum 14. Water Distribution Conduct annual Good Housekeeping inspections at each of the Town's facilities listed above and maintain inspection information in a database. Provide inspection reports to the Town's Assistant Manager and Public Works Supervisor. Provide input during the budget process as necessary to address stormwater runoff management at Town facilities being considered for capital improvements. • Corrective Action Correct deficiencies noted during the Good Housekeeping inspections. The Town is solely responsible for corrected deficiencies noted. Conduct follow-up inspections to ensure corrective actions have been completed. • Employee Training Conduct Good Housekeeping training for new employees and provide "refreshen' training to employees as warranted.. As staff time and resources allow, expand Good Housekeeping. training to all Town employees, even those not directly involved with Good Housekeeping requirements. • Public Awareness This portion of the Town's Good Housekeeping Plan will continue to be .part of the public outreach and education component described above. 18 Town of Hillsborough stormwater Management Program Work Plan September 2010 ANNUAL REPORTING AND EVALUATION In order to help evaluate the effectiveness of the Town's NPDES Phase II stormwater program, NCDWQ requires the submittal of an annual report. The annual report submitted to NCDWQ is an online report that quantifies program elements completed in the previous permit year. Additionally, Orange County stormwater staff will prepare a narrative annual report containing the same information as submitted online, but with details that include changes and updates to the stormwater management plan. This written annual report becomes a part of the Town's stormwater management program and provides a summary of completed tasks and action items for the subsequent permit year. The scope of this task will include the following components: • Track necessary data for the annual report using the County's Permit Plus database software,. Good Housekeeping inspection database, and an Excel spreadsheet based log. • Asses progress toward each measurable goal to determine whether it was completed. Determine effectiveness of each measurable goal and make modifications for following year as warranted. Document goals not completed and reason (i.e. lack of resources, staff time, etc.). • Evaluate effectiveness of can-ent tracking mechanisms and develop a streamlined, central tracking system for all 6 components of the Town's stormwater program. • Fill out and submit NCDWQs annual online report as required by the Town's permit. • Draft a narrative report concurrently and submit the Town, including presenting the report to the Hillsborough Town Board. • Update the Town's stormwater Management Plan based on changes in measurable goals and accomplishments. IMPAIRED WATERS AND TMDL Presently, no waters within the Town's jurisdiction are listed as impaired. Likewise, no waters have been determined to contain a Total Maximum Daily Load (TMDL). However, the Town's NPDES permit does contain requirements should a water within the Town's jurisdiction become impaired or if a TMDL is developed for a given water body. The tasks associated with these requirements are beyond the scope of this work plan. Should these requirements become necessary, an updated work plan will be developed and associated fees for these services determined. 19 n.....,. ~~s .,rte-i Town of Hillsborough Stormwater Management Program 2U Work Plan September 2010 STORMWATER PROGRAM BMP SUMMARY TABLES The following tables summarize the six program elements, BMPs, measurable goals and responsible entity. Abbreviations used in the following tables include: OCED -Orange County Erosion Control Division staff OSWCD -Orange Soil and Water Conservation District staff SRO - Stormwater Resource Officer with the Orange County Erosion Control Division Hillsborough -Town of Hillsborough, Assistant Town Manager has primary responsibility PW -Town of Hillsborough Public Works staff UD -Town of Hillsborough Uti ity Department staff T...... 1 O ..C'1'7 Town of Hillsborough Work Plan 1. Education and Outreach Stormwater Management Program September 2010 D l d .. .. Develop educational materials or modify existing materials as needed .. SRO eve op an Distribute Materials Distribute educational materials through educational programs and local events SRO, OCED Place informational flyers at appropriate locations SRO, OCED Write articles and publish The StormwaferAlmanac two to four times annually. SRO Stormwater New l tt Distribute paper copies of newsletter at various events and educational programs OCED s e er Post newsletter on the Town's website; send notification when a new issue is available via the Town's email notification list Hillsborough Partner with other local government departments to conduct school programs OCED School Programs Work with OSWCD to expand existing educational programs SRO Develop additional educational programs based on interest from local schools SRO Support of the "eco-classroom" at C.W. Stanford and Orange High Schools SRO Stillh C k Continue developing an educational program centered on Stillhouse Creek SRO, OSWCD ouse ree Program place educational materials within the kiosk that is part of the demonstration project SRO, OSWCD Periodically hold workshops or other events highlight the project SRO, OSWCD Maintain membership in CWEP Hillsborough Represent the Town's interests on the CWEP steering committee OCED -SRO Additional Educational P Provide educational programs to civic groups as requested OCED -SRO rograms Provide educational information to local businesses OCED -SRO Evaluate the feasibility of workshops for local business targeting illicit discharge and good housekeeping practices; if feasible develop and hold workshop(s) OCED -SRO Evaluation Assess progress towards each measurable goal listed above. Track information and data towards completion of each measurable goal. Report progress each year in the annual report to the state. SRO N Page 19 of 27 Town of Hillsborough stormwater Management Program Work Plan September 2010 2. Public Involvement and Participation .. .. .. - Maintain and update a stormwater informational website and helpline Hillsborough Informational Website and Helpline Provide content and updates for the website SRO' Respond to citizen request for assistance through the website/helpline SRO, OCED, PW Outreach Participate in local events and festivals and hand out information to the public Events/Festivals regarding stormwater impacts and answer citizen questions SRO, OCED NC Big Sweep Coordinate the Town's participation in the annual NC Big Sweep event each fall SRO Volunteer Stream Assist current volunteer groups in monitoring efforts SRO Monitoring Disseminate information to other civic groups, schools and business to expand volunteer stream monitoring program SRO, OCED Once annually, present an update to Hillsborough's Town Board regarding the Town Board and stormwater program and seek input on pertinent stormwater issues SRO Planning Board Input Once annually, present information to the Town's Planning Board and/or Board of Adjustment regarding stormwater impacts from development SRO Distrubute handouts and information on rain gardens to local citizens through events , festivals, and information requests SRO, OCED Rain Garden Program Promote installation of rain gardens at local government buildings, business and SRO OCED private residences Provide technical information and expertise in designing and constructing rain gardens for local citizens, as needed and as time and resources allow SRO Assess progress towards each measurable goal listed above. Track information and Evaluation data towards completion of each measurable goal. Report progress each year in the SRO annual report to the state. N N Page 20 of 27 Town of Hillsborough Work Plan 3. Illicit Discharge Detection and Elimination stormwater Management Program September 2010 .. .. ~. Illicit Discharge Continue implementing the Town's Illicit Discharge Detection and Elimination Plan. OCED, PW, UD Detection and Identify one new priority area annually and conduct dry weather inspections. SRO Elimination Conduct dry weather inspections of identified priority area OCED l C d E Identify other Town employees that can be cross-trained. Hillsborough on uct mp oyee Cross-Training Conduct at least one training session for Town employees annually, or provide SRO information regarding appropriate training sessions provided by other entities. Local Stream Orange County stormwater staff will evaluate the need for additional stream SRO Monitoring sampling/monitoring. Public Education and This portion of the stormwater management plan is included as part of the overall SRO OCED Reporting education and outreach program , Provide input to the Town so that funding sources and funding options can be fully SRO Explore funding explored. Follow-up on recommendations and implement funding Hillsborough Update Mapping Update the GIS stormwater mapping system to reflect changes to the MS4 as Hillsborough necessary Assess progress towards each measurable goal listed above. Track information and Evaluation data towards completion of each measurable goal as detailed in the Town's "Illicit SRO Discharge Detection and Elimination Plan. Report progress each year in the annual report to the state. N W Page 21 of 27 Town of Hillsborough Work Plan 4. Construction-Site Stormwater Runoff Control Stormwater Management Program September 2010 • .. .. .. Review and approve erosion control plans for new development projects within the Town's Jurisdiction Implement Erosion Inspect permitted construction sites to ensure compliance with approved erosion OCED Control Program control plans Request corrective actions, issue notice of violations and stop work orders as necessary. Evaluation Maintain a database and inspection reports on each permitted construction site. Track information regarding number of sites, acreage of disturbance, compliance, notice of OCED violations, and enforcement actions. Include this information in the annual report to the state for sites within the Town's jurisdiction. N ~P Page 22 of 27 Town of Hillsborough Stormwater Management Program Work Plan September 2010 5. Post-Construction Stormwater Management • .. .. .. - New Development Review proposed new development projects to ensure compliance with the Town's Review stormwater post-construction requirements SRO Inspect new structural stormwater BMPs at the time the project is complete to ensure compliance with approved plans SRO, OCED Map new BMPs using GPS/GIS technology SRO, OCED BMP Inspections Review required annual inspection reports submitted by the BMP the owner SRO Conduct follow-up inspections as warranted and provide inspection reports to owner outlining follow up actions SRO, OCED Issue notice of violations if warranted SRO, Hillsborough Education/Outreach This portion of the post-construction stormwater management program is part of the SRO OCED overall education/outreach component described in items 1 and 2 above , Identify at least one new possible stormwater retro-fit location annually SRO Evaluate sites already identified based on land availability, willing ownership, potential SRO for pollution reductions, and other pertinent variables Retro-fit Opportunities Rank these sites and evaluate grant availability and/or other funding sources to implement retro-fits SRO Provide this information to the state and identify potential partnerships to develop and fund retro-fit projects SRO Through an inter-local agreement, the Orange County Erosion Control Division reviews and approves stormwater management plans for new development. An electronic database is maintained on each permitted site including inspection reports. Evaluation Information regarding number of plans reviewed, BMP inspections and other pertinent OCED information is tracked and will be included in the annual report to the state for development within the Town's jurisdiction. Orange County also provides this information to NCDWQ pursuant to their Neuse stormwater program. N Page 23 of 27 Town of Hillsborough Stormwater Management Program Work Plan September 2010 6. Pollution Prevention/Good Housekeeping for Municipal Operations .. .. .. Conduct annual Good Housekeeping inspections at each of the Town's facilities OCED Maintain inspection information in a database SRO Evaluate Town Provide inspections reports to the Town's Assistant Manager and Public Works Operations Supervisor. SRO Provide input during the budget process to address stormwater runoff management at Town facilities being considered for capital improvements SRO Corrective Action Correct deficiencies noted during the Good Housekeeping inspections. Hillsborough Conduct follow-up inspections to ensure corrective actions have been completed. OCED Conduct Good Housekeeping training for new employees or provide information on training opportunities provided by other entities SRO Employee Training provide "refresher" training to employees as warranted SRO Expand training to all Town employees (as staff time and resources allow) SRO, Hillsborough Public Awareness This portion of the Town's Good Housekeeping Plan will continue to be part of the SRO OCED public outreach and education component described above. , Maintain facility inspection data in an electronic database, including corrective actions Evaluation completed and those pending. Report number of facilities inspected, number of OCED inspections conducted and corrective actions taken in the annual report to the state. N Page 24 of 27 27 A3) -EXCLUDED FUNCTIONS Notwithstanding any provision of the Interlocal Agreement, or the provisions of the Annual Workplan, the Services to be provided by the County shall not include the following: 1. LEGAL MECHANISIMS TO IlVIPLEMENT PERMIT -COUNTY will NOT be responsible for the adoption of legal mechanisms, such as regulations, ordinances, policies and procedures to prohibit illicit connections, spills and illegal dumping into the Towns Municipal Separate Storm Sewer System or to otherwise implement the provisions of the Permit. 2. MAIl~TTENANCE OF ADEQUATE FUNDING AND STAFFING -COUNTY will NOT be responsible for the TOWN's responsibility under the Permit to maintain adequate funding and staffing to implement and manage the provisions of the Permit. 3. STORM DRAIN SYSTEM INVENTORY -COUNTY will NOT be responsible for maintaining an inventory of the Town's storm drain system. However, the County WILL provide updated data, including GPS locations of the Town's storm drain system (if available) as part of its routine duties described in the work plan. This may include mapping locations of stormwater BMPs approved through the new development process and outfalls found during illegal discharge inspections. 4. STORM DRAIN SYSTEM MAPPING -COUNTY will NOT be responsible for developing a map containing the location of pipes, outfalls, basins, or other storm water treatment or conveyance devices, nor their receiving waters. However, the County WILL maintain this data on the County GIS database and updated it as information is obtained through routine completion of duties described in the work plan. 5. STORM DRAIN SYSTEM MAINTENANCE -COUNTY will NOT be responsible for installation or maintenance of any pipes, outfalls, basins, or other storm water treatment or conveyance devices, nor their receiving waters. 6. SOIL EROSION & SEDIMENTATION CONTROL FOR PUBLICLY FUNDED PROJECTS -All publicly funded projects fall under the jurisdiction of the North Carolina. Division of Land Resources, Land Quality Section. 7. IMPLEMENTATION OF RECOMMENDED STORMWATER BEST MANAGEMENT PRACTICES FOR TOWN FACILITIES -COUNTY will NOT be responsible for the installation, maintenance, or execution of any stormwater management structures or practices. 8. LAB COSTS ASSOCIATED WITH SAMPLING THAT MAY BE NECESSARY FOR ILLICIT DISCHARGE ELIlVIINATION AND DETECTION -COUNTY will NOT be responsible for any water quality sample collection or analysis costs, unless it is determined by both parties to be feasible as part of its routine duties described in the work plan. 28 9. MODIFICATIONS TO THE PERMIT -COUNTY will NOT be responsible for any implementation provisions of the Permit that result from modification of the Permit by the Town or by the North Carolina Division of Water Quality, unless County agrees to such modification in writing pursuant to Article 8.6 of the Interlocal Agreement. 29 SCHEDULE B ENFORCEMENT OF THE ORANGE COUNTYSOIL EROSIONAND SEDIMENTATION CONTROL ORDINANCE. AS ADOPTED ON DECEMBER 30,1975 AND AMENDED THEREAFTER Amendments to the Soil Erosion and Sedimentation Control Ordinance: DATE REFERENCE December 30, 1975 Ordinance Adopted December 6, 1978 Sections 3, 6, 9, 13, 17, 18, and 22 September 1, 1979 Sections 17 and 21 Apri18, 1980 Sections 7, 9, and 19 December 7, 1983 Sections 2, 3, 6, 7, 8, 9, 11, 13, 15, 17, and 18 June 6, 1984 Sections 6, 17, and 18 December 2, 1985 Sections 2, 3, 4, 8, 9, 13, 15, 17, 18, 19, 21, and 22 February 24, 1986 Sections 3, 6, 6.1, 7, 13, 15, 17, 19, and 20 January 3, 1989 Sections 5, 6, 17, 18, 18.1, and 22 October 2, 1989 Sections 18, 18.1, 22 May 21, 1991 Sections 3, 4, 5, 7, 8, 9, 10, 15, 17, 18, 19, 21, 22, 26 December 7, 1992 .Sections 3, 8, 9, 15, 17, 22, 25 June 27, 2002 Sections 2, 3, 6, 8, 9, 11, 15, 17, 18 September 16, 2003 ' Sections 3, 6, 7, 17 October 23, 2007 Sections 8, 9, 18, 21, 22 Orange County Erosion Control Fee Schedule as of July 1, 2001 Erosion Control Plan Review Fee: THERE IS NO MAXIMUMFEE! Rural Disturbance: $158.00 per acre of disturbance Urban Disturbance: $272.00 per acre of disturbance Intense Urban Disturbance: $507.00 per acre of disturbance Land-disturbing Permit Fee: THERE IS NO M4XIMZTMFEE! Rural Disturbance: $310.00 per acre of disturbance Urban Disturbance: $646.00 per acre of disturbance Intense Urban Disturbance: $1,241.00 per acre of disturbance Attachment 2 30 Hillsborough Stormwater Services Contract Renewal 2010 Cost Recovery Summary Erosion Control Division Budget Salaries & Benefits $160,718 Permanent Salaries $42,674 Benefits Total Salaries & Benefits $203,392 (3 total employees) Operational Cost $231,840 Total for Planning Department Cost per employee $7,728 (based on 30 employees) Total Operational Cost for EC $23,184 (3 employees) Total EC Budget Cost $226,576 Salary, benefits, operations Cost per EC employee $75,525.33 (3 employees) Cost per EC hour $36.31 hour New Building Cost EC $4 hour (estimated per sgft used by EC division) Total Cost per EC hour $40 hour Hillsborough Contract work-hours 1,703 hours (see attached breakdown for details) EC Staff cost $68,648(1703*$40/hour) Equipment and Supplies $12,000 $80,648 Contract Amount $80,700 31~ Hillsborough Annual Work Plan Estimated Hours - 2010 Hours Education Develop and Distribute Materials 47 Stormwater Newsletter 72 School Programs 102 Stillhouse Creek Program 40 Additional Educational Programs 64 Evaluation ~~ Public Outreach Informational Website and Helpline 40 Outreach Events/Festivals 40 NC Big Sweep 42 Volunteer Stream Monitoring 36 Town Board and Planning Board Input 28 Rain Garden Program 72 Evaluation 27 285 Illicit Discharge Screening/map review 120 Dry Weather Inspections 120 Investigations and Discovery 72 NOVs, etc. 84 Conduct Employee Cross-Training 22 Local Stream Monitoring 40 Public Education and Reporting 60 Evaluation 27 Erosion Control This part of the. Town's program funded by developer fees New Development Review SMP Review 50 BMP Inspections 120 Retro-fit Opportunities 80 Evaluation ~7 Good Housekeeping Inspect Town Operations 60 Write/send reports for corrective action 35 Conduct Employee Training 22 Evaluation ~7 Administration Contract, fund, invoices, etc. 100 Total Number Hours 1703