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HomeMy WebLinkAboutAgenda - 03-21-2006-5mORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21, 2006 Action Agenda 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: (YiN) No Erosion Control Division ATTACHMENT(S): 6/07/05 MOA Interlocal Agreement INFORMATION CONTACT: (Contract document) Craig Benedict, 245-2592 Ren Ivins, 245-2586 PURPOSE: To approve 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 erosion and sedimentation control for the Town of Hillsborough since 1975, and has been administering the Neuse Buffer Rules far 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 fund. 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 far municipalities that had populations of 100,000 or more. 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 awn 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 for 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 far 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 Tawn'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. Far example, $37,000 in the first partial year through September 30, 2006. The Finance Department has mentioned that a general fund reserve account will be used to 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 costs needed by the County to implement the program, Hillsborough's financial contributions will allow for some of each years funding accumulating 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 approve this Interlocal Agreement. ATTACHMENT 1 STATE OF NORTH CAROLINA. COUNTY OF ORANGE 3 NPDESPHASEII STOR.MWATER PERMIT AGREEMENT TOWN OF HII.LSBOROUGH MEMORANDUM OF AGREEMENT In- This Memorandum of Agreement is entered into this ~ day of , 20D.~ by and between the Town of'Hillsborough and Orange County, WHEREAS, the piomvtion of a sustainable commtmity 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 WHEREAS, the recent growth of the community, and that which is anticipated, will make efforts to protect water quality not only more difficult, but also more essential; and WHEREAS, 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 the Town of klillsborough and Orange County; and WIiEREA5, Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004- 163 require that the Towh of Hillsborough implement a National Pollutant Discharge Elimination System (NPDES} Phase II Stormwater Program; and WI3FREAS, Orange County and the Town of Hillsborough recognize the opporhudry to pravide a more effective and efficient implementation of this NPDES Phase II Stannwater Program working collaboratively; and WHEREAS, the parties have been working cooperatively toward the development of a system which will provide for the implementation of this Program, and ensure that the Town maintains compliance with the forthcoming NPDES Phase II Stonnwater Permit; NOW, THEREFORE, the parties to this Memorandum hereby agree as follows: Section 1. Upan issuance of the.NPDES Phase II Stormwater Permit for the Town by the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality, the parties wild work cooperatively to develop and eater into a contract which will provide for the irplementation of the majority of the permit requirements of the Town's NPDES Phase 1T Storntwater 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 that 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 maunet designed to meet the mutual objective of all the parties that the Town of Hillsbarough be in compliance with its pending NPDES Phase II Stormwater F'emrit and Orange 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 ~~~itlf+r~~__, 200. ° ~`~"~~_ * 'Pawn G, :.. d ~~ 3 M 4 J%~ r` TOWN OF HH.LSBOROUGH sy: ~~ ay r -R.,,,, ~- ,~ own Clerk i i u n t++` Attest: Clerk to the Board of Commissioners ~' ORANGE COUNTY D ° ~ C~~ 3.0 STATE OF NORTH CAROLINA COUNTY OF ORANGE 5 NPDES PERMIT NCS000466 INTERLOCAL AGREEMENT TOWN OF HILLSBOROUGH NPDES PERMIT NUMBER 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 plamling,jurisdiction; WHEREAS, on September 9, 2005, 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, 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 Plam3ing 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, through 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 inter°est of the citizens of the Town and County to promote a sustainable community that provides for the protection of water quality; and WI-IEREAS approval of this Interlocal Agreement can help provide for that protection; Page 5 of 13 Isg:orangecounty\030906 Drna Phase II Agreement to Tmvn Joc 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 requir°ed by the Clean Water Act and associated regulations promulgated by the United States Envirormiental 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 azid any such subsequent renewal term (hereafter the "Services"), provided the Town fiilfills 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 through its employees shall be responsible to perform the Services, including the staff of the Erosion Control Division of the County's Plamring and Inspections Depaz-finent, or azry 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 azid 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 specifcally addressed by this Inter°local Agreement, shall be retained by Town. It shall be the r°esponsibility 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 fimctions related thereto that are identified below as excluded functions, which shall remain the exclusive responsibility of the Town (hereinafter "Excluded Functions"): Excluded Districts Page 6 of 13 Isg:omngccowny\030906 Dralr Ph~sc II Agrcemcnt to town doc Natural Resource Protection Other ftmctions identified in section A3 of the Schedule A as "Excluded Functions" or identified in the Annual Worlcplan (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 agr°eement therefore may be entered into between Town and County pursuant to Article 8.6 of this Interlocal Agreement. ARTICLE 3 -COMPENSATION 31 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 Amaral Fees 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 azr additional renewal term, payment for the Permit Year 2 shall be due and payable in advance on September I5, 2006. Payment for the 2nd 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 Cotmty agree that the Staztup Costs and Amrual Fees set forth in section AI of Schedule A, or any anendment 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 of the Startup Costs and Armual Fees set forth in section Al of Schedule A, or any amendment 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 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 sanre. ARTICLE 4 -GOVERNMENTAL IMMUNITY 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 acrd maintenance of the Town's Municipal Separate Storm Sewer System and from the implementation of the Permit or this Interlocal Agreement. Nothing herein is intended to serve as a waiver of sovereign or gover-mnental immmnity by azry party 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 htterlocal Agreement or any other agreement. ARTICLE 5 -TERM OF INTERLOCAL AGREEMENT Page 7 of l3 Isg:orangccounty\030906 Drnit Phasc ii Agrccment to Town doc 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 terniinated 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 teen of this Interlocal Agreement (as said Permit Yeaz- is defined in section Al of Schedule A), and amorally thereafter by March 151 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 teen thereof, if arty (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 Wor9cplan and "Amoral 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 Interlocal Agreement shall expire at the termination of the then effective term thereof. ARTICLI; 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 terrninated 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, ARTICLT 7 - NOTIC1aS The Town's renewal offer and any and all notices given or required under this Interlocal Agreement shall be in wr°iting 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 Cow3ty Planning & Inspections Director .306-F Revere Road Hillsborough, N.C. 27278 With copy to: Jolui M. Lirilc, Jr, Orange County Manager .200 S. Cameron Street Page 8 of 13 Isg:ornngecounty\0.30906 nruft Phrase 11 Agreement to Town doe Hillsborough, N.C. 27278 TO TOWN: Eric Peterson Hillsborough Town Manager 1.35 N. Churton Street Hillsborough, N,C. 27278 Cc/ Demetric Potts, Assistarrt Town Manager ARTICLE 8 - MICELLANEOUS PROVISIONS 8. I 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 par°ty. 8..3 The waiver by either party of any 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 firture 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 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. 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 It is fiuther 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 any 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 becarrse of such party's prepuation of this Interlocal Agreement. Page 9 of 1.3 Isg:orangecounty\030906 Drag Phnse II Agreement to Town dac ° ~ [~ ~J 3.0 10 8.9 This Interlocal Agreement may be recorded in the public records of Orange County, in accordazice 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 OP 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, signing by and through its authorized to execute same by Council action on the day of ATTEST: (date). COUNTY Donna S, Balser, Cleric, Orange County Board of Commissioners Attest: Town Clerk TOWN ORANGE COUNTY By Barry .Jacobs, Chair, Orange County Board of Commissioners _day of ,_ (date) APPROVED AS TO FORM: By County Attorney TOWN OF HILLSBOROUGH B,y day of (date) By Town Manager _ day of (date) Page ] 0 of 1.3 Isg:omngecounty\030906 Drag Phase II Agreement to Tmvn dos ° ° [~~ 3.0 >i APPROVED AS TO FORM: By Town Attorney Page l l of 1.3 Isg:orrangecounty\0.30906 UraR Phase 11 Agreement to Mown doe ° ~~ 3.0 STATE OF NORTH CAROLINA COtTNTY OF ORANGE 12 NPDES PERMIT NCS000466 INTERLOCAL AGREEMENT TOWN OF HILLSBOROUGH NPDES PERMIT NUMBER NCS000466 INTERLOCAL AGREEMENT SCHEDULE A A l) -ANN [JAL 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 Town 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 Ot°dinance Implementation")~ TFRM/PIRMIT DATiJS STARTUP ANNUAL FRCS 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 Tln~ee/Pennit Year Four Renewal Term 10/1/2009-10/1/2010 $80,700 Four/Permit Year Five Page 12 of 1.3 Isg:orangecaunty\030906 Draft Phase II Agreement to Town doc ~ ~`~( 3.0 1.3 A2) -ANNUAL WORKPLAN *** Throughout the Annual Workplan and Interlocal Agreement, pel7nit year one is defined as the period between the dates of execution by County of the Interlocal Agreement through midnight on 9/30/2006. PART I] of Permit, Final Limitations and controls for Permitted Discharges Section A of Interlocal Responsibility is Allocated in Section B through O of Part II as Set Forth in Part II Tables Below PART II of Permit, Final Limitations and controls for Permitted Discharges BMP Interlocal Responsibility Year Year Two Year Year Year Five One Three Four Section B of Part II: Public Education and Outreach Establish a County Has Ministerial X X X X Public Responsibility Education and Outreach Pro ram Informational County Has Ministerial X X X X X Website Res onsibility Public County I-Ias Ministerial X education Responsibility materials for schools, homeowners, and/or businesses Public County Has Ministerial X X X X education Responsibility material dissemination Page 13 of 13 Isg:omngecounty\030906 Drag Phaae II Agreement to fmvn doe ~ ~ ~ [~ ~j 3.0 14 PART 11 of Permit, Final Limitations and controls for Permitted Discharges BMP 6uerlocal Responsibility Year Year Two Year Year Year Five One Three Four Section C of Part ^: Public Involvement and Partici anon 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 to Effective Date of this review and (nterlocal Agreement comment on the Town's Storrmvater Plan Organize a County tias Ministerial X X X X X volunteer Responsibility community involvement ro ram Town Board Town's Responsibility X X X X X and Planning Board Input PART 11 o('Petmit, Pinal Limitations and controls for Permitted Discharges BMP (nterlocal Year Year Year Year Year Res onsibili One Two Three Four Five Section D of Part 11: Illicit Dischar e Detection and Elimination Develop/Implement County I-las 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 I-Ias X X X discharge detection Ministerial rocedures Res onsibili Conduct employee County I-las X X cross-training Ministerial Res onsibility Provide public County Has X X education Ministerial Res onsibili Establish a public County Has X X reporting mechanism Ministerial Res onsibility Page 14 of 13 Isg:orangecounty\030906 Draft Phase II Agreement to Town doe © ~ ~`~ 3.0 is PART II of Permit, Final Limitations and controls for Permitted Discharges BMP Interlocal Year Year Year Year Year Res onsibilit One Two Tlrree Four Five Section E of Part II: Construction Site Runoff 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 Control operators Ordinance hn lementation Provide educational Erosion and X X X X X and training materials Sedimentation Control for construction site Ordinance o erators Im lementation Institute plan reviews Erosion and X X X X X Sedimentation Control Ordinance Im lementation Establish public Erosion and X X X X X information procedures Sedimentation Control Ordinance hn lementation Establish inspection Erosion and X X X X X and enforcement Sedimentation Control procedures Ordinance Ln lementation 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 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 I-las X X X which include BMP's Ministerial appropriate for the Responsibility MS4 Establish a program to Cowrty Has X X X control the sources of Ministerial fecal coliform to the Responsibility maximwn extent practicable Page is oE' 13 isg:orangecoumy\030906 Drntt Phase II Agreement to Town doc D ~ A ~~ 3.~ 16 Establish nutrient County Flas X X X sensitive water (NSW) Ministerial protection measures Responsibility (for programs with development or redevelopment draining to NSW waters) PART II of Permit, Final Limitations and controls for Permitted Discharges BMP [nterlocal Year Year Year Year Year Res onsibili One Two Three Four Five Section G of Part II: Pollution Prevention and Good Housekee in for Munici al O erators 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 snuctwal Planning, Town Has BMP's Responsibility for file hnplementation of Corrective Action Conduct staff training Comuy Has X X X X X Ministerial Res onsibility Review of municipality County I-las X X X X X owned or operated Ministerial regulated industrial Responsibility activities Page 16 of 13 isg:ornngecounty\030906 Urnft Phase it Agreement to Taws doc [~D o [~~ 3.0 I7 Permit Year 1 through Interloeal Responsibility Permit Year 5 Part III of Permit, Program Assessment All implementation County Has Ministerial Responsibility Part IV of Permit, Reporting 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 For 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 Fee Requirements Page 17 of 1.3 Isg:orangecnmuy\030906 Drna Phase II Agreement to Town doc ° ~ [~~ .3,0 is A.3) -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 IMPLEMENT PERMIT -COUNTY will NOT be responsible for the adoption of legal mechanisms, such as regulations, ordinances, policies and procedures to prohibit illicit comrections, spills and illegal dumping into the Towns Municipal Separate Stone 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 TO WN'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 identif cation 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 CUUNTYin crra acceptable format, COUNTYrorgy choose to make this information mailable or1 COUNT"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 -Ali publicly funded prrojects fall under the jurisdiction of the North Carolina Division of Laud 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 -COUNTY will NOT be responsible for any water quality sample collection or analysis costs. 9. MODIFICATIONS TO THE PERMIT -COUNTY will NOT be responsible for any implementation provisions of the Permit that result from modification ofthe Permit by Page l8 of 13 Isg:orangecounry\030906 Dralt phase II Agrcement to Town Joc ~D o [~`~ 3.0 19 the Town or by the North Carolina Division of Water Quality, unless Cowity agrees to such modification in writing pursuant to Article 8.6 of the Interlocal Agreement. Page l9 of 13 Isg:ornngecomny\030906 DnUt Phase II Agreement to Town doc