HomeMy WebLinkAbout2005 ERCD - Town of Hillsborough National Pollutant Discharge Elimination System Phase IIC i
STATE OF NORTH CAROLINA
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NPDE5 PHASE II
STORMWATER PERMIT
COUNTY OF ORANGE
AGREEMENT
TOWN OF HILLSBOROUGH
MEMORANDUM OF AGREEMENT
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This Memorandum of Agreement is entered into this ~ day of , 200 ~ 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
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 stormwater
concerns in the Town of Hillsborough and Orange County; and
WHEREAS, 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 Town of Hillsborough implement a National Pollutant Discharge
Elimination System (NPDES) Phase II Stormwater Program; and
WHEREAS, Orange County and the Town of Hillsborough recognize the opportunity to
provide a more effective and efficient implementation of this NPDES Phase II Stormwater
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 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, Department of Environment and Natural Resources,
Division of Water Quality, the parties will work cooperatively to develop and
enter into a contract which will provide for the implementation of the majority of
the permit requirements of the Town's NPDE5 Phase II Stormwater Program by
the Erosion Control Division Staff of the Orange County Planning and
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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 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 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 _~~c~~t~ofj~~,Gr E , 2005
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Att
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own Clerk ° '`
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Attest:
Clerk to the Board of Commissioners
TOWN OF HILLSBOROUGH
By:
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ORANGE COUNTY