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HomeMy WebLinkAbout2005 Planning - Town of Hillsborough for National Pollutant Discharge Elimination System Phase II servicesATTACHMENT 1 STATE OF NORTH CAROLINA COUNTY OF ORANGE NPDES PHASE II STORMWATER PERNII'T AGREEMENT TOWN OF HII.LSBOROUGH MEMORANDUM OF AGREEMENT ~- 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 dxe best imterest of the Town of Hillsborough and Orange County, and WHEREAS, the recent growth of the community, and that which is anticipated, will make efforts oo protect water quality not only more difficult, but also more essential; and WHEREAS, the Orange County Erosion Control Division Staff of the' Planning anal 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 Hillsborough and Orange County; and Vi~I~RFAS, 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 2U04- 163 require tliat the Town of Hillsborough implement a National Pollutant Dischaa~ge 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 worlang operatively 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 L Upon issuance of the•NPDES Phase II Stormwater Permit for the Town by the State of North Canalina, Department of Environment and Natural Resources, Division of Water Quality, the parties will work coogerativeky to develop and enter 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 aclrnowledge 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 is compliance with its pending NPDES Phase II Starmwater 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 15~I1 ~ll~+ r_?Et ,`, 2~ &~ ~.. °G = ~~ .. ~ ~1 A ~` 1~ own Clerk ~` Attest: Clerk to the Board of Commissioners TOWN OF HILLSBOROUGH sy: ay r ORANGE COUNTY D ° ° G~~ STATE OF NORTH CAROLINA COUNTY OF ORANGE 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 planning jurisdiction; WHEREAS, on September 9, 200s, 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, 200s, 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, 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 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 Interlocal Agreement can help provide for that protection; 3.0 s Page 5 of 13 Isg:orangecounty\030906 Draft Phase II Agreement to Town.doc 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 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 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 County through 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"): Legal Services Water Districts Excluded Functions Page 6 of 13 Isg:orangecounty\030906 Draft Phase II Agreement to Town.doc o ° ~~ 3.0 ~ 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 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 Annual 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 an additional renewal term, payment for the Permit Year 2 shall be due and payable in advance on September 15, 2006. Payment for the 2°d 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 A 1 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 of the Startup Costs and Annual 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 same. 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 and 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 governmental immunity by any 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 Interlocal Agreement or any other agreement. ARTICLE 5 -TERM OF INTERLOCAL AGREEMENT Page 7 of 13 Isg:orangecounty\030906 Draft Phase II Agreement to Town.doc ° G~~1 3.0 8 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 1St of the Permit Year 1 of the initial term of this Interlocal Agreement (as said Permit Year is defined in section Al of Schedule A), and annually thereafter by March 1St 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 Workplan 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 Interlocal 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 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: Craig N. Benedict, AICP Orange County Planning & Inspections Director 306-F Revere Road Hillsborough, N.C. 27278 With copy to: John M. Link, Jr. Orange County Manager 200 S. Cameron Street Page 8 of 13 Isg:orangecounty\03D906 Draft Phase II Agreement to Town.doc ° ~r ~ 3.0 9 TO TOWN: Hillsborough, N.C. 27278 Eric Peterson Hillsborough Town Manager 135 N. Churton Street Hillsborough, N.C. 27278 Cc/ Demetric 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 parry 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 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. 8.4 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 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 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 because of such party's preparation of this Interlocal Agreement. Page9of13 lsg:orangecounty\030906 Draft Phase II Agreement to Town.doc ° o ~~ 3.0 to 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 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, signing by and through its 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 Barry Jacobs, Chair, Orange County Board of Commissioners day of (date) APPROVED AS TO FORM: By County Attorney TOWN TOWN OF HILLSBOROUGH Attest: By Town Clerk day of (date) BY. Town Manager day of (date) Page 10 of 13 Isg:orangecounty1030906 Draft Phase II Agreement to Town.doc ~ ~ ° [r~~' 3.0 11 APPROVED AS TO FORM: By Town Attorney Page 11 of 13 Isg:orangecounty1030906 Draft Phase II Agreement to Town.doc D o ~ ~~ STATE OF NORTH CAROLINA COUNTY OF ORANGE NPDES PERMIT NCS000466 INTERLOCAL AGREEMENT TOWN OF HILLSBOROUGH NPDES PERMIT NUMBER NCS000466 INTERLOCAL AGREEMENT SCHEDULE 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 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 Ordinance Implementation"). 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 Three Renewal Term 10/1/2008-9/30/2009 $81,700 Three/Permit Year Four Renewal Term 10/1/2009-10/1/2010 $80,700 Four/Permit Year Five 3.0 12 Page 12 of 13 Isg:orangecounty\030906 Drag Phase II Agreement to Town.doc ~D ~ [ S ~J 3.0 i3 A2) -ANNUAL WORKPLAN * * * Throughout the Annual Workplan and Interlocal Agreement, permit 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 II of Permit, Final Limitations and controls for Permitted Discharges Section A of Interlocal Responsibility is Allocated in Section B through G 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 am Informational County Has Ministerial X X X X X Website Res onsibili 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 Page 13 of 13 Isg:orangecounty\030906 Draft Phase II Agreement to Town.doc ° ~~ 3.0 i4 PART II of Permit, Final Limitations and controls for Permitted Discharges BMP Interlocal Responsibility Year Year Two Year Year Yeaz Five One Three Four Section C of Part II: Public Involvement and Partici ation Administer a County Has Ministerial X X X X X Public Responsibility Involvement Pro Allow the Completed by X publican Hillsborough Prior to opportunity to Effective Date of this review and Interlocal Agreement comment on the Town's Stormwater Plan Organize a County Has Ministerial X X X X X volunteer Responsibility community involvement ro am 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 II: Illic it Dischar a Detection and Elimination Develop/Implement County Has X X X X X Illicit Discharge Ministerial Detection and Responsibility Elimination Pro am 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 onsibili Conduct employee County Has 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.doc ° ° ~~ 3.0 is PART II of Permit, Final Limitations and controls for Permitted Discharges BMP Interlocal Year Yeaz Year Year Year Res onsibili One Two Three 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 Implementation sediment control Develop requirements Erosion and X X X X X on construction site Sedimentation Control operators Ordinance Im 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 Im lementation Establish inspection Erosion and X X X X X and enforcement Sedimentation Control procedures Ordinance Im lementation PART II of Permit, Final Limitations and controls for Permitted Discharg es 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 am 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 colifotm to the Responsibility maximum extent racticable Page 15 of 13 ISg:orangecounty1030906 Draft Phase II Agreement to Town.doc ~ ~ ~' 3.0 16 Establish nutrient County Has 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 Interlocal 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 am Res onsibili 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, Town Has BMP's Responsibility for the Implementation of Corrective Action Conduct staff training County Has X X X X X Ministerial Res onsibility Review of municipality County Has X X X X X owned or operated Ministerial regulated industrial Responsibility activities .Page 16 of 13 Isg:orangecounty\030906 Draft Phase II Agreement to Town.doc ° ~ ~r L~ 3.0 i~ 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, 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 13 Isg:orangecounty\030906 Draft Phase II Agreement to Town.doc ~D ~ ~ [~ ~J' 3.0 18 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 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 staffing 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 COUNTY in an acceptable format, COUNTY may choose to make this information available 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 DISCHARGE 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 of the Permit by Page 18 of 13 Isg:orangecounty\030906 Draft Phase II Agreement to Town.doc ~ ~ ~ ~~ 3.0 19 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. Page 19 of 13 Isg:orangecounty\030906 Draft Phase II Agreement to Town.doc