HomeMy WebLinkAboutAgenda - 03-13-2006-4ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 13, 2006
Action Agend~
Item No. ~
SUBJECT: Interlocal Agreement between Town of Hillsborough and Orange County for
National Pollutant Discharge Elimination System Phase II Services
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
Erosion Control Division
ATTACHMENT(S):
6/07/05 MOA INFORMATION CONTACT:
Interlocal Agreement (Contract Document)
Craig Benedict, 245-2592
Ren Ivins, 245-2586
PURPOSE: To consider approval of an Interlocal Agreement for implementation of the
Stormwater Program for the Town of Hillsborough by Planning & Inspections' Erosion Control
Division.
BACKGROUND: Orange County has conducted soil erasion and sedimentation control for the
Town of Hillsborough since 1975, and has been administering the Neuse Buffer Rules for the
town since 2001. These programs are paid for by developers through permitting fees.
Different than the existing services, execution of the required NPDES Phase II Stormwater
Management Plan is not exclusively related to new development, but a responsibility of the
Town as the owner of a Municipal Separate Storm Sewer System, or MS4, Accordingly, monies
to implement the program would come from the Town of Hillsborough's general find. Orange
County Planning and Inspections' Erosion Control Division is poised through its existing and
related services, delegation and knowledge to efficiently and effectively implement the program
to the benefit of all in the Neuse River Basin (Eno River) through a contract for services
agreement.
History: In 1972, the National Pollutant Discharge Elimination System (NPDES) program was
established under the authority of the Federal Clean Water Act, Phase I of the NPDES
Stormwater program was established in 1990. It required NPDES permit coverage for
municipalities that had populations of 100,000 or mare, In North Carolina, there are six Phase I
communities.
Phase II of the NPDES Stormwater program was signed into law in December 1999, The
Phase II program extends permit coverage to smaller (< 100,000 pop,) communities and public
entities that own or operate a MS4.. It requires them to apply and obtain an NPDES permit for
stormwater discharges. The Town of Hillsborough is covered by Phase II,
Permittees (i.e. Town of Hillsborough) are required at a minimum to develop, implement, and
enforce a stormwater program designed to reduce the discharge of pollutants from the MS4 to
the maximum extent practicable, The stormwater management program must include these six
minimum control measures which are to be implemented in phases over afive-year period:
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. past-construction stormwater management far new development and redevelopment;
6, pollution prevention/good housekeeping for municipal operations,
Status: In order to meet its Phase II obligations, the Town of Hillsborough considered creation
of a full-time position. However, discussions with the County indicated that it could be cost-
effective for both parties to enter into a contract detailing the provision of Phase II services by
the Erosion Control Division of the County's Planning and Inspections Department. The
Erosion Control Division presently has the staff and knowledge to implement this stormwater
program,
The attached Memorandum of Agreement (MOA) was executed on June 7, 2005, This
Memorandum of Agreement indicates the willingness of the Town and County to work
cooperatively and provides the basis for the attached Interlocal Agreement, This Interlocal
Agreement has recently been drafted by Town and County staff based on the final version of
the Town's Phase II permit, which became effective on October 1, 2005,
Execution of this Interlocal Agreement will provide the framework for the implementation of the
aforementioned contractual services.
FINANCIAL IMPACT: The Erosion Control Division is presently partially funded through user
fees paid by developers requiring land-disturbing permits. The additional duties required to
implement Hillsborough's NPDES program will be funded through payment to the County by the
Town of Hillsborough as outlined in the Interlocal Agreement in Schedule A. For example,
$37,000 in the first partial year through September 30, 2006. The Interlocal Agreement would,
through a cost allocation program and special fund (possible escrow account or enterprise type
fund), reimburse the Erosion Control Division of the Planning and Inspections Department for
human resources, operating and capital expenses associated with the program's
implementation, thereby reducing the County's general fund expenditures.
The prescribed funding should be sufficient to both offset the additional staff time and cover
equipment casts needed by the County tc implement the program, Hillsborough's financial
contributions will allow for some of each year's fimding to accumulate with the intent by Year 4
of the program (FY 08-09) to augment and adjust staffing levels as necessary, Future years of
the contract will continue to cover all program cost implementation as outlined in Schedule A of
the Interlocal agreement.
RECOMMENDATION(S): The Manager recommends that the Board review, discuss, direct
questions to staff, and consider approval of this Interlocal Agreement,
ATTACHMENT 1
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
3
NPDES PHASE II
STORMWATER PERMIT'
AGREEMENT
TOWN OF HILLSBOROUGH
MEMORANDUM OF AGREEMENT
Y"~-
This Memorandum of Agreement is entered into this ~ day of , 20DJ by
and between the Town of Hillsborough and Orange County.
WHEREAS, the promotion of a sustainable community that provides for the protection of
water quality and the elevation of the quality of life of the citizens of that community is in the
best interest of the Town of Hillsborough and Orange County; and
WIiEREA$, the recent growth of the community, and that which is anticipated, will
make efforts m protect water quality not only more difficult, but also more essential; and
WIiEREAS, the Orange County Erosion Control Division Staff of the Planning and
Inspections Department presently implements soil erosion and sedimentation control regulations,
State mandated Neuse River Basin Riparian Buffer Program, and assists with other storinwater
concerns in fire Town of Hillsborough and Orange Count}; and
WHEREAS, Section 402(p) of the Clean Water Act and implementing regulations 40
CFR. Part 122, 123 and 124; North Carolina Crenera] Statutes 143-215.1 and Session Iaw 2004
163 require that the Town of Hillsborough implement a National Pollutant Discharge
Elimination System (NPDES) Phase II Stonnwater Program; and
WHEREAS, Orange County and the Town of Hillsborough recognize the opporiunity to
provide a more effective and efficient implementation of this NPDES Phase 1I Storntwater
Progam working collaboratively; and
WHEREAS, the parties have been working cooperatively towazd the development of a
system which will provide far the implementation of this Prograzn, and ensure that the Town
maintains compliance with the forthcoming NPDES Phase II Stormwater Permit;
NOW, THEREFORE, the parties to this Memorandum hereby agree as follows:
Section 1. Upon issuance of the NPDES Phase II Stormwater Permit for the Town by the
State of North Carolina, Deparhnent of Environment and Natural Resources,
Division of Water Quality, the parties will work cooperatively to develop and
eater into a contract which will provide for the implementation of the majority of
the permit requirements of the Town's NPDES Phase lI Stormwater Program by
the Erosion Control Division Staff of the Orange County Planning and
Inspections Department, and the full compensation of Orange County, for any
expenses incurred, by the Town of Hillsborough for said implementation.
Section 2. The parties acknowledge flat this Memorandum of Agreement is not intended to
and does not create legally binding obligations on any of the parties to act in
accordance with its provisions. Rather, it constitutes a good faith statement of the
intent of the parties to cooperate in a manner designed to meet the mutual
objective of all the parties that the Town of Hillsborough be in compliance with
its pending NPDES Phase II Stormwater Permit and Urange County and the Town
provide for the protection of water quality and elevation of the quality of life of
their citizens through the sustainable growth of the community.
This the ~r~taf+xtd~~_, 2Q DS .
.t'k ~n ._ TQ'
4b+m ~ "
a d ~ M By:
A .''
~~
4~
~,. `; ~t
own Clerk °~rri~n~~+~~..
Attest: /_G-.
- • -~
Clerk to the Board of Commissioners
ORANGE CDiJN'I'Y
~ ~~ 3.0
STATE OF NORTH CAROLINA
COiJNTY OF ORANGE
s
NPDES PERMIT NCS000466
INTERLOCAL AGREEMENT
TOWN OF HILLSBOROUGH
NPDES PERMIT NiJMBER NCS000466
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT made as of 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 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 pla<ming,jurisdiction;
WHEREAS, on September 9, 2005, the State of North Carolina Department of
Enviromnent uTd Natural Resources, Division of Water Quality (hereafter the "Division of
Water Quality") issued to the Town Permit No. NCS000466, effective October 1, 2005, and
expiring on midnight on October 1, 2010 (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, 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, the Town is desirous of procuring selected services of County For the
performance of Permit compliance within the municipal boundaries and/or of the Town's
Extraterritorial .Jurisdiction as may be changed from time to time;
WHEREAS, County, tluough said Erosion Control Division, is willing to perform such
services pursuant to the terms and conditions hereafter set forth;
WHEREAS it is in the best interest of the citizens of the Town and County to promote a
sustainable community that provides for the protection of water quality; and
WHEREAS approval of this hrterlocal Agreement can help provide for that protection;
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NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE FULFILLMENT
OF THE TERMS OF THIS INTERLOCAL AGREEMENT, THE COtTNTY 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 regrdations promulgated by the United States Envir°onmental 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
initial 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 azrd any such subsequent renewal
term (hereafter the "Services"), provided the Town full lls 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 County tluough its employees shall be responsible to perform 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.
ARTICLE 2 -FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY
2,1 It is specifically understood and agreed that all rights and powers as may be vested in
the Town pursuant to the laws of the State of North Carolina, or any other law or
ordinance or Charter provision of the Town not specifically addressed by this
Interlocal Agreement, shall be retained by Town. It shall be the responsibility of
parties other than the County to perform any requirements of the Permit that are not
identified herein as Services. It is further understood and agreed that the Services to be
provided by the County are not intended to include any functions related thereto that
are identified below as excluded functions, which shall remain the exclusive
responsibility of the Town (hereinafter "Excluded Functions"):
Services
Distrrcts
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Natural Resource Protection
Other fimctions identified in section A3 of the Schedule A as "Excluded Functions" or
identifed in the Armual Workplan (Section A2 of Schedule A) as the "Town's
Responsibility".
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 Town shall reimburse County for the expenses associated with the Services provided
by County for the Permit Year of the initial and any renewal term of this Interlocal
Agreement in the amounts set forth in section Al of Schedule A. Payment for Startup
Costs and Amiual Pees for Permit Year 1 of the initial term of this Interlocal
Agreement shall be due and payable on March 1, 2006. If this Interlocal Agreement is
renewed for' an additional renewal term, payment for the Permit Year 2 shall be due
and payable in advance on September I5, 2006, Payment for the 2"`I and any other
subsequent renewal term of this Interlocal Agreement shall be due and payable in
advance to the County on September 15 of the preceding term. Town and County agree
that the Startup Costs and Annual Fees set forth in section Al of Schedule A, or any
amendment thereof, are estimated in order to afford County the opportunity to have the
necessary resources available to provide said Services. Town shall, within 60 days of
submission of an invoice by the County, reimburse the County for any reasonable
expenses in excess oi'the Statup Costs and Animal Fees set forth in section Al of
Schedule A, or any aniendment thereof, that may be incurred by the County in
providing the Services.
3.2 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 pruposes 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,
ARTICLE 4 -GOVERNMENTAL IMMUNITY
To the extent permitted by law, Town agrees to indenmify 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
or this Biterlocal Agreement. Nothing herein is intended to serve as a waiver of
sovereign or govermnental immunity by any party to which such immunity may be
applicable. There shall be no third party benefciaries 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
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5,1 The initial term of this Interlocal Agreement shall be from the date of execution
thereof until midnight on September :30, 2006, and shall be renewable for four
additional annual renewal terms thereafter as provided for in this Article unless
terminated as provided for in this Interlocal Agreement.
5,2 The Town shall deliver to the County by March 15` of the Permit Year 1 of the initial
term of this haterlocal Agreement (as said Permit Year is defined in section Al of
Schedule A), and annually thereafter by March 1 sI of the Permit Year of any renewal
term thereof, the Town's offer and proposal to renew this Interlocal Agreement for the
next available renewal term thereof, if any (hereafter "Town's renewal offer"), The
Town's renewal offer shall include the Town's findings and conclusions concerning
the Town's responsibilities in order to effectively perform the requirements of the
Permit during the next available renewal term, including the Town's recommendations
for updating the Annual Wor°kplan and "Annual Fees" set forth in Schedule A. The
parties agree that upon failure of the parties to agree to renew this Interlocal
Agreement within 60 days after delivery of the Towns renewal offer to the County,
this hnterlocal Agreement shall expire at the termination of the then effective term
thereof.
ARTICLE 6 -TERMINATION
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
The Town's renewal offer and any and all notices given or required under this
hnterlocal Agreement shall be iu waiting 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:
Craig N. Benedict, AICP
Orange County Plamiing & Inspections Director
306-F Revere Road
Hillsborough, N.C, 27278
With copy to:
John M. Linlc, .Ir,
Orange County Manager
200 S. Cameron Street
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Hillsborough, N.C. 27278
TO TOWN:
Lric Peterson
Hillsborough Town Manager
1.35 N. Clmrton Street
Hillsborough, N.C. 27278
Cc/ I)emetric Potts, Assistant Town Manager
ARTICLE 8 - MICELLANEOUS PROVISIONS
8.1 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 Neither party shall have the right to assign this Interlocal Agreement without the
advance written permission of the other party.
8.:3 The waiver by either party of a<iy failure on the part of the other party to perform in
accordance with any of the teens or conditions of this Interlocal Agreement shall not
be construed as a waiver of any future or continuing similar or dissimilar failure.
8.4 The invalidity of any provision of this Interlocal Agreement shall in no way affect the
validity of any other provision.
8.5 It is rmderstood 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. Accordingly, it is agreed that no deviation from the terms
hereof shall be predicated upon any prior r°epresentations or agreements, whether oral
or vn-itten.
8.6 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 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 airy litigation that may arise hereunder, each party
hereby waives any rights it may have to a trial by jury of any such litigation.
8.8 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 party's
preparation of this Interlocal Agreement,
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8.9 This Interlocal Agreement may be recorded in the public records of Orange County, in
accordance with the North Carolina General Statutes.
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 tluough its BOARD OF COi.INTY COMMISSIONERS, signing by and
through its Chair or Vice Chair, authorized to execute same by Board action on the of
(date) and the TOWN, signing by and through its
authorized to execute same by Council action on the day
of (date).
COUNTY
ATTEST:
Donna S. Balser, Clerlc,
Orange County Board of Conunissioners
ORANGE COUNTY
By_
Barry Jacobs, Chair,
Orange County Board of Commissioners
_day of (date)
>_
APPROVED AS TO FORM:
By_
County Attorney
TOWN
Attest:
TOWN OF I-IILL,SBOROUGH
BY.
Town Clerlc ~ day of (date)
By
Town Manager
day of (date)
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APPROVED AS TO FORM:
By
Town Attorney
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STATE OF NORTH CAROLINA
COUNTY OF ORANGE
12
NPDES PERMIT NCS000466
INTERLOC.AL AGREEMENT
TOWN OF HILLSBOROUGH
NPDES PERMIT NUMBER NCS000466
INTERLOCAL AGREEMENT
SCHEDTJLE A
A 1) -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 pursuant to the
Resolution of the Hillsborough Towu Board dated August 13, 1979, which authorized the
County Erosion Control Department to administer the Orange County Soil Erosion and
Sedimentation Control Ordinance within the Town of Hillsborough (hereafter "Erosion
and Sedimentation Control Ordinance hnplementation").
TERM/PERMIT DATES STARTUP ANNUAL FEES
YEAR COSTS
Initial
DATE OF
$18,500 _
$18,500
Term/Permit EXECUTION BY
Year One COUNTY OF
INTERLOCAL
AGREEMENT-
9/30/2006
Renewal Term 10/1/2006-9/30/2007 $57,800
One/Permit Year
Two
Renewal Term 10/1/2007-9/30/2008 $74,600
Two/Permit Year
Tlu~ee
Renewal Term 10/1/2008-9/30/2009 $81,700
Three/Permit
Year Four
Renewal Term 10/1/2009-10/1/2010 $80,700
Pour/Permit Year
Five
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A2) -ANNUAL WORKPLAN
1.3
*** Throughout the Annual Workplan and Interlocal Agreement, pe>-Init year one
is defined as the period between the dates of execution by County of the Interlocal
Agreement through midnight on 9/.30/2006,
RT I1 of Permit, Final Limitations and controls for Permitted Discharges
Section A of Interlocal Responsibility is Allocated in Section B through G of Part 11 as Set Porth in
Part II Tables Belnw
PART II of Permit, Final Limitations and controls for Permitted Discharges
BMP Interlocal Responsibility Year Year Two Year Year Year Pive
One Three Four
Section B of Part Ih Public Education and Outreach
Establish a County 1-las Ministerial X X X X
Public Responsibility
Education and
Outreach
Pro ram
Informational County Iias Ministerial X X X X X
Website Res onsibilit
Public County Has Ministerial X
education Responsibility
materials for
schools,
homeowners,
and/or
businesses
Public County Has Ministerial X X X X
education Responsibility
material
dissemination
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PART 11 of Permit, Final Limitations and controls for Permitted Discharges
BMP Interlocal Responsibility Year Year Two Year Year Year Five
One Three Four
Section C of Part II: Public Involvement and Partici afion
Administer a County Has Ministerial X X X X X
Public Responsibility
Involvement
Pro ram
Allow the Completed by X
public an Hillsborough Prior to
opportunity Co Effective Date of this
review and Interlocal Agreement
comment on the
Town's
Stonnwater
Plan
Organize a County Iias Ministerial X X X X X
volunteer Responsibility
community
involvement
rogram
Town Board Town's Responsibility X X X X X
and Planning
Board In ut
PART II of Permit, Final Limitations and controls For Permitted Discharges
BMP Interlocal Year Year Year Year Year
Res onsibili One Two Three Four Five
Section D of Part Il: Illicit Dischar e Detection and Elimination
Develop/Implement County Flas X X X X X
Illicit Discharge Ministerial
Detection and Responsibility
Elimination Pro ram
Establish and maintain Town's Responsibility X X X
appropriate legal
authorities
Develop a Storm Sewer Town's Responsibility X X X X X
S stem Base Ma
Implement illicit County Has X X X
discharge detection Ministerial
rocedures Res onsibility
Conduct employee County Has X X
cross-training Ministerial
Res onsibili
Provide public County Has X X
education Ministerial
Res onsibility
Establish a public County Has X X
reporting mechanism Ministerial
Responsibility
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PART 11 of Permit, Final Limitations and controls for Permitted Discharges
BMP Inferlocal Year Year Year Year Year
Res onsibili One Two Three Four Five
Section E of Part 11: Construction Site Rwroff Controls
Implement a program Erosion and X X X X X
and establish a Sedimentation Control
regulatory mechanism Ordinance
for erosion and hnplementation
sediment control
Develop requirements Erosion and X X X X X
on construction site Sedimentation Conhol
operators Ordinance
lm lementation
Provide educational Erosion and X X X X X
and paining materials Sedimentation Control
for consuuction site Ordinance
o erators Im lementation
Institute plan reviews Erosion and X X X X X
Sedimentation Control
Ordinance
hn lementation
Establish public Erosion and X X X X X
information procedures Sedimentation Control
Ordinance
Im lementation
Establish inspection Erosion and X X X X X
and enforcement Sedimentation Control
procedures Ordinance
Im lementation
PART II of Permit, Pinal Limitations and controls for Permitted Discharges
BMP Interlocal Year Year Year Year Year
Res onsibilit One "two Three Four Five
Section F of Permit: Post-Construction Site Runoff Controls
Establish aPost-
County Has _
X
X
X
Construction Ministerial
Stormwater Responsibility
Mana ement Pro ram
Establish strategies County Has X X X
which include BMP's Ministerial
appropriate for the Responsibility
MS4
Establish a program to County Has X X X
control the sources of Ministerial
fecal coliform to the Responsibility
maximmn extent
racticable
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Establish nutrient County Has X X X
sensitive water (NSW) Ministerial
protection measures Responsibility
(for programs with
development or
redevelopment draining
to NSW wafers)
PART II of Permit, Final Limitatimrs and controls for Permitted Discharges
BMP hrterlocal Year Year Year Year Year
Res onsibili One Two Three Four Five
Section G of Part II: Pollution Prevention and Good Housel<ee in for Munici al O orators
Develop an operation County Has X X X X X
and maintenance Ministerial
ro ram Res onsibility
Inspection and County Has X X X X X
evaluation of facilities, Ministerial
operations, and the Responsibility for
MS4 system and Evaluation and
associated structural Planning, ]"own Has
BMP's Responsibility for the
Lnplementation of
Corrective Action
Conduct staff training County Has X X X X X
Ministerial
Res onsibilit
Review of municipality County Has X X X X X
owned or operated Ministerial
regulated industrial Responsibility
activities
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Permit Year 1 through Interlocal Responsibility
Permit Year 5
Part III of Permit, Program Assessment
All implementation _
County Has Ministerial
Responsibility
Part IV of Permit, Repotting and Record All implementation County Has Ministerial
Keeping Requirement Responsibility; However;
County Will Not Be Responsible
For 24 Hour Reporting for Any
Noncompliance Involving Town
Equipment.
Part V of Standard Conditions Section A, Compliance County Has Ministerial
and Liability Responsibility Por Compliance..
Town's Responsibility Is for All
Liability
Section B, Operation Town's Responsibility
and Maintenance of
Pollution Controls
Section C, Monitoring Town's Responsibility
and Records
Part VI limitations Reopener All implementation Town's Responsibility, See
Excluded Services Below
Part VI Administration and Compliance All implementation Town's Responsibility
Monitoring Pee Requirements
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A3) -EXCLUDED FUNCTIONS
Notwithstanding any provision of the hiterlocal Agreement, or the provisions of the Annual
Worlcplan, the Services to be provided by the County shall not include the following:
I. LEGAL MECHANISIMS TG IMPLEMENT 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. MAINTENANCE OF ADEQUATE FUNDING AND STAFFING -COUNTY will NOT
be responsible for the TOWN's responsibility under the Permit to maintain adequate
funding and staffng to implement and manage the provisions of the Permit.
3. STORM DRAIN SYSTEM INVENTORY -COUNTY will NOT be responsible for
identification or location of pipes, outfalls, basins, or other storm water treatment or
conveyance devices, nor their receiving waters.
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. If made available to
C.OUNTI'in an acceptable format, COUNTYmaychoose to nsalce this information
crvailnble on COUNTY'S GIS system.
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 DISCI-IARGE ELIMINATION AND DETECTION - COiJNTY will NOT be
responsible for any water quality sarnple collection or analysis costs.
9. MODIFICATIONS TO TI-IE PERMIT -COUNTY will NOT be responsible for any
implementation provisions of the Permit that result from modification of the Permit by
Page 18 of 13
Isg:omngccounty\U309UG Draft Phase II Agreement to Town doe
the Town or by the North Carolina Division of Water Quality, unless County agrees to
such modif cation in writing pursuant to Article 8.6 of the Interlocal Agreement.
Page 19 oI 1.3
Isg:ornngccounly\030906 Drnit Phasc it Agrecmcnt to Town doc