R92-39RESOLUTION NO. R92-J~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A SUPPLEMENTAL
INTERLOCAL AGREEMENT BETWEEN THE
NORTHERN PALM BEACH COUNTY WATER CONTROL
DISTRICT AND THE CITY OF BOYNTON BEACH
FOR PART II OF THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM PER~IT
APPLICATION, A COPY OF SAID AGREEMENT
BEING ATTACHED HERETO; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach,. Florida, upon~ recommendation of staff, deems it to be
in the best interest of the citizens and residents of the
City to execute a Supplemental Interlocal Agreement with the
Northern Palm Beach County Water Control District for Part
II of the National Pollutant Discharge Elimination System
Permit Application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section !~ The City Commission of the City of
Boynton Beach, Florida authorizes and directs the Mayor and
City Clerk to execute a Supplemental interlocal Agreement
between the City of Boynton Beach, Florida and the Northern
Palm Beach County Water Control District, which Agreement is
attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective
immediately upon passage.
PASSED ~ND ADOPTED this /~ day of March, 1992.
CITY OF BOYNTON BEACH, FLORIDA
er
ATTEST:
(Corobrate Seal)
NPBC~CD. AC~[R
3/10/92
MANLEY P. CALDWELL UR.
KENNETH W. EDWARDS
CHARLES F. SCHOECH
C~kLDWELL & PACETTI
P~ui~ BE~.CIa iCLO~ID~_ SS4~BO-4~52
OF COUNSEL
ARTHUR E. BARROW
MADISON F. PACETTI
PLEASE REPLY TO
P.O. BOX ~775
May 4, 1992
Edward Harmening, Vice Mayor
CITY OF BOYNTON BEACH
100 East Boynton Beach Blvd.
Post Office Box 310
Boynton Beach, FL 33425-0310
Re:
Northern Palm Beach County Water Control District ·
Subject Matter: Supplemental Interlocal Agreement for the
Environmental Protection Agency NPDES
Part II Permit
Dear Mr. Harmening:
Initially, I wish to thank you on behalf of my client, Northern
Palm Beach County Water Control District, for your cooperation
and assistance in completing and approving the aforementioned
Interlocal Agreement.
As indicated in my prior letter of January 31, 1992, I am return-
ing to you one (1) fully executed oriqinal of the Interlocal
Agreement for your records. The other duplicate original of said
Agreement was filed with the Clerk of the Court in and for Palm
Beach County, Florida, on or about May 1, 1992, in accordance
with Chapter 163, Florida Statutes.
Naturally, if you should have any questions regarding the above
or the enclosure, please feel free to contact me.
Very truly yours,
KWE/mac
Enclosure
cc: Peter L.
NORTHERN
Pimentel, Executive Director
PALM BEACH COUNTY W.C.D.
SUPPLEMENTAL INTERLOCA5 AGREEMENT
FOR PART II OF THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION S¥ST~ PERMIT APPLICATION
This Agreement
of~, 1992,
NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT,
Drive, Palm Beach Gardens, FL 33418, (hereinafter
as the "LEAD APPLICANT") and CITY OF BOYNTON BEACH,
310, Boynton Beach,
the "CO-APPLICANT").
shall be effective as of the ~m~ day
and is being entered into by and between
357 Hiatt
referred to
P. 0. Box
FL 33425-0310, (hereinafter referred to ~s
W _I T N E S ~ E T H:
WHEREAS, the parties to this Agreement, have previously
entered into an Interlocal Agreement (said prior Interlocal
Agreement being hereinafter referred to as the "Primary Inter-
local Agreement") for the preparation and submission of Parts I
and II of the application for a National Pollutant Discharge
Elimination System Permit; and
WHEREAS, the Primary Interlocal Agreement contains a provi-
sion in Section 5 thereof, that states that until such time as
the data required for preparation of Part I of the NPDES Appli-
cation has been collected and processed, the parties cannot
determine the estimated costs and expenses that will be incurred
in carrying out the duties, tasks and responsibilities of the
LEAD APPLICANT as same are to be identified in Exhibit "B" to
the Primary Interlocal Agreement.
Therefore, it was agreed that the allocation of
responsibilities and the amounts required to be paid by the
CO-APPLICANT to the LEAD APPLICANT for the preparation and
filing of Part II of the NPDES Permit Application would be
determined following further negotiation and finalization of
said amounts and duties by a separate written instrument; and
WHEREAS, the data required for preparation of Part I of the
NPDES Permit Application has now
and processed; and
WHEREAS, the parties wish to
been substantially collected
finalize the allocation df
duties, tasks, responsibilities and amounts required to be paid
to the LEAD APPLICANT for preparation of Part II of the NPDES
Permit Application; and
WHEREAS, as indicated in the Primary Interlocal Agreement,
the parties to this Agreement are authorized, pursuant to
Chapter 163, Part I of Florida Statutes, to enter into an Inter-
local Agreement.
NOW, THEREFORE, in accordance with Chapter 163, Part I,
Florida Statutes (1991), the undersigned parties, for and in
consideration of the mutual benefits as set forth herein, do
hereby enter into this Supplemental Interlocal Agreement and
represent, covenant and agree with each other as follows:
SECTION ONE
REPRESENTATIONS
1.01. The recitals, as set forth hereinabove, are considered
true and correct and are incorporated herein by this reference.
-2-
SECTION TWO
FUNDING AND ALLOCATION OF DUTIES, TASKS AND RESPONSIBILITIES
2.01. The parties in accordance with Section 5 of the
Primary Interlocal Agreement, do hereby agree to the funding
provisions and allocations of duties, tasks and responsibilities
for Part II of the NPDES Permit Application, as same are set
forth in Exhibit "B" which is attached hereto and made a part
hereof.
2.02. That of the amounts required to be paid by the
CO-APPLICANT to the LEAD APPLICANT, as set forth on attached
Exhibit "B", the CO-APPLICANT does hereby acknowledge and agree
that, if for any reason, the CO-APPLICANT should subsequently
decide to terminate either the Primary Interlocal Agreement or
this Supplemental Interlocal Agreement, said CO-APPLICANT shall
still be required to pay to the LEAD APPLICANT the sum of
$36,000.00 since the work required to be carried out for
completion of Part II of the NPDES Permit Application is not
subject to termination after same has been initiated.
2.03. If, following the receipt of the NPDES permit from
the Environmental Protection Agency
outstanding statements and invoices
permit, there should remain any
and after payment of all
incurred in obtaining said
surplus monies that were
required to be paid by the CO-APPLICANT in accordance with the
above section, then in that event said surplus funds shall be
returned to the CO-APPLICANT within thirty (30) days
payment of the last statement or invoice for services
to be carried out in accordance with this Agreement.
following
required
-3-
SECTION THREE
INCORPORATION BY REFERENCE
3.01. That, except as otherwise superceded or modified by
this Supplemental Interlocal Agreement, the terms and conditions
of the Primary Interlocal Agreement are incorporated herein and
made a part hereof.
SECTION FOUR
EFFECTIVE DATE
4.01. The effective date of this Agreement shall be the
date that it is last signed by all parties hereto.
IN WITNESS WHEREOF,
seals the day and year
EXECUTED BY LEAD
1992.
the parties have set
hereinafter written.
APPLICANT this ~~ day
their hands and
ATTEST:
Peter L.
By:
Pimentel
Secretary
BOARD OF SUPERVISORS, NORTHERN
PALM BEACH COUNTY WATER CONTROL
DISTRICT
William L. kersl~ke, President
(SEAL)
-4-
this ~ day of ~____,
BY
CO-APPLICANT
EXECUTED
1992.
ATTEST:
CITY OF BOYNTON BEACH
Suz~ne M. Kruse, City Clerk
(SEAL)
Edward HaTmening, Vice//~ayor
~Ci't~yAPPRO~ FORM:
5379E
3/31/92
-5-
CiTY OF BOYNTON BEACH
PART 2 OF THE NPDES PERMIT APPLiCATiON
~VELOP MANAGEMENT PROGRAM
EXHIBIT B
EST. COST
RESPONSIBIL'ITIES END OF LEAD
SCOPE LEAD CO-APP DATE SERVICES
ITEM DESCRIPTION
A. Legal 1. Ordinance Preparation
Illicit Discharges Control Spills C P 01/01/93 $go0
2. Inter-agency Agreements
3. Inspection/Surveillance/Monitoring
1.
81. Environmental Wet Weather Discharge
(Sampling) Characterization P
82. Environmental 1. Pollutant Loads P
Planning 2. Monitoring Plan {5-Year}
10/01/92 $18,450
01/15/93 $5,850
C. Proposed
Management
Programs
Financial
~E. Application
~] Source Controls/Removals
Program for Illicit Connections
3. Program for Industrial and
Construction Site
4. Staff and Equipment
5. Pollutant Reduction
6. Groundwater Impact
7. Remedial Capital Improvement Plan
1. Needs
2. Sources of Funds
2.
3.
4.
Liaison Among Participants
Coordination with EPA
Organize and Collate Information
Application
a. Maps
b. Assemble Reports
c. Formatting and Editing
d. Final Report
e. Submitta!
C P 03/01/93 $gO0
C P 03/15/93 $450
p 05/15/93 $9,450
TOTAL $36,000
P-Provider is responsible for submittal of requested information
and reports on scope items and tasks. It Lead Applicant.is the
provider then, Co-Applicants may be required to furnish infor-
mational materials to complete the Scope Item.
C-Coordinator is responsible for preparing guidance materials for
Scope items and tasks.
[nancy.2020.npdes]BOYNTON-BEACH-exhibit b-part2
18-JAN-1992
SUPPLEMENTAL INTERLOCAL AGReemENT
FOR PART II OF THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYS'r~a~ PERMIT APPLICATION
This
of
NORTHERN
Drive,
as the
310, Boynton Beach,
the "C0-APPLICANT").~
Agreement sha:ll be effective .as of the day
, 1992, and is being entered into by and between
PALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt
Palm Beach Gardens, FL 33418, (hereinafter referred
"LEAD APPAICANT") and CITY OF BOYNTON BEACH, P. O.
FL 33425.0310,, (herelnafte
to
Box
referred to as
_W _I T N,E S ~ E T H:
WHEREAS, the parties to this Agreement, have previously
entered into an Interlocal Agreement (said prior Interlocal
Agreement being hereinafter referred to as the "Primary Inter-
local Agreement") for the preparation and submission of Parts I
and II of the application for a National Pollutant Discharge
Elimination System Permit; and
WHEREAS, the Primary Interlocal Agreement contains a provi-
sion in Section 5 thereof, that states that until such time as
the data required for preparation of Part I of the NPDES Appli-
cation~has been collected and processed, the parties cannot
determine the estimated costs and expenses that will be incurred
in carrying out the duties, tasks and responsibilities of the
LEAD APPLICANT as same are to be identified in Exhibit "B" to
the Primary Interlocal Agreement.
THE
CITY CLERK
INTERLOCAL
OF
TO EXECUTE A
AGREEMENT BETWEEN THE
CONTROL
BEACH
Beach,
in the
City to
Northern
II of the !
Permit Application.
NOW,
OF THE CITY
Section 1.
Boynton Beach,-
City Clerk to
between the City~¢
Palm Beach
attached
The
Section 2,. ~ This-Reso]
immediately upon passage.
PASSED AND ADOPTED this
ATTEST:
-Df Boynton
it to be
of the
with the
for Part
System
ution
THE CITY COMMISSION
THAT:
of the City of
~cts the Mayor and
Interlocal Agreement
'lorida. and the Northern
which Agreement is
shall become effective
day of March, 1992.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
(CorporaLe Seal'
NPBCWCD.AGR
3/10~92
Therefore, it was agreed that the allocation of
responsibilities and the amounts required to be paid by the
CO-APPLICANT to the LEAD APPLICANT for the preparation and
filing of Part II of the NPDES Permit Application would be
determined following further negotiation and finalization of
said amounts and duties by a separate written instrument; and
WHEREAS, the data required for preparation of Part I of the
NPDES Permit Application has now
and processed; and
WHEREAS, the parties wish to
been substantially collected
finalize the allocation of
duties, tasks, responsibilities and amounts required to be paid
to the LEAD APPLICANT for preparation of Part II of the NPDES
Permit Application; and
WHEREAS, as indicated in the Primary Intertocal Agreement,
the parties to this Agreement are authorized, pursuant to
Chapter 163, Part I of Florida Statutes, to enter into an Inter-
local Agreement.
NOW, THEREFORE, in accordance with Chapter 163, Part I,
Florida Statutes (1991), the undersigned parties, for and in
consideration of the mutual benefits as set forth herein, do
hereby enter into this Supplemental InterlocaI Agreement and
represent, covenant and agree with each other as follows:
SECTION ONE
REPRESENTATIONS
1.01. The recitals, as set forth hereinabove, are considered
true and correct and are incorporated herein by this reference.
-2-
SECT ION TWO
FUNDING AND ALLOCATION OF DUTIES, TASKS AND RESPONSIBILITIES
2.01. The parties in acco~danc,~ with Section 5 of the
Primary In%erlocal~Agreement, d{) hereby agree to the funding
provisions and allocations of duties, tasks and responsibilities
for Part..~Z ,of ~the~PDES
forth in
hereof.
2.02.
Exhibit "B, w~ich
That
CO-APPLICANT to
tas s~D~,,a~e set
is a~ttached her~t0 ~nd m&d9 a part
of the amounts required to be paid by the
the LEAD APPLICANT, as set forth on attached
Exhibit "B", the CO-APPLICANT does hereby acknowledge and agree
that, if for any reason, the CO-APPLICANT should subsequently
decide to terminate either the Primary Interlocal Agreement or
this Supplemental Interlocal Agreement, said CO-APPLICANT shall
still be required to pay to the LEAD APPLICANT the sum of
$36,000 since the work required to be carried out for
completion of Part II of the NPDES Permit Application is not
subject to termination after same has been initiated.
2.03. If, following the receipt of the NPDES permit from
the Environmental Protection Agency and after payment of all
outstanding statements and invoices incurred in obtaining said
permit, there should remain any surplus monies that were
required to be paid by the CO-APPLICANT in accordance with the
above %ection, then in that event said surplus funds shall be
returned to the CO-APPLICANT within thirty (30) days following
payment of the last statement or invoice for services required
to be carried out in accordance with this Agreement.
-3-
SECTION THREE
INCORPORATION BY REFERENCE
3.01. That, except as otherwise
this Supplemental Interlocal Agreement,
of the Primary Interlocal Agreement are
made a part hereof.
superceded or modified by
the terms and conditions
incorporated herein and
SECTION FOUR
EFFECTIVE DATE
4.01. The effective date of this A~reement
date that it is last si~ned by all parties hereto.
shall be the
IN WITNESS WHEREOF, the parties have
seals the day and year hereinafter written°
set their hands and
EXECUTED BY LEAD APPLICANT this
1992.
day of ,
ATTEST:
Peter L. Pimentel
BOARD OF SUPERVISORS, NORTHERN
PALM BEACH COUNTY WATER CONTROL
DISTRICT
By:
Secretary
By:
William L. Kerslake, President
(SEAL)
-4-
EXECUTED BY CO-APPLICANT this
1992.
day of
ATTEST:
CITY OF BOYNTON BEACH
By:
(SEAL)
5379E
1/29/92
-5-
CITY OF BOYNTON BEACH
PART 2 OF THE NPDES PERMIT APPLICATION
DEVELOP MANAGEMENT PROGRAM
EXHIBIT B
EST, COST
SCOPE RESPONSIBILITIES END OF LEAD
ITEM DESCRIPTION LEAD CO-APP DATE SERVICES
A. Legal
Environmental
(Sampling)
B2. Environmental
Planning
1. Ordinance Preparation
Illicit Discharges Control Spills
2. Inter-a~ency Agreements
3. Inspection/Surveillance/Monitoring
1. Wet Weather Discharge
Characterization
1. Polluta, nt Loads
2. Monitdring Plan (5-Year)
C P 01/01/93 $900
P 10/01/92 $18,450
P 01/I5/93 $5,850
C. Proposed P 03/01./g3 $900
Management
Programs
D. Financia'
E. Application
l. Source ControlsfRemovals C
2. Program for Illicit Connections
3. Program f~r Industrial and
Construct'ion Site
4. Staff and Equipment
5. Pollutant Reduction
6. Groundwater Impact
7. Remedial-Capit~l Improvement Plan
1. Needs C
2. Sources of Funds
2.
3.
4.
Liaison Among Participants
Coordinat.ion with EPA
Organize.and Collate Information
Application
a. Maps
b. Assemble Reports .
c. Formatting and Editing
d. Final Report
e. Submittal
P 03/15/93 $450
P 05/15/93 $9,450
TOTAL $36,000
P-Provider is responsible for submittal of requested information
and reports on scope items and tasks. If Lead Applicant.is the
provider then,.Co-Applicants may be required to furnish ~nfor-
mational materials to complete the Scope Item.
C-Coordinator is responsible for preparing'guidance materials for
Scope items and tasks.
[nancy.2020.npdes]BOYNTON-BEACH-exhibit b-part2
18-JAN-1992
RESOLUTION NO. R91-~-.
A RESOLUTION OF' THE CITY COMMISSION. OF
THE CITY OF -BOYNTON~.BEACH~ FLORIDA,
AUTHORIZING TO
EXECUTE AN BETWEEN
THE CITY OF BOYNTON
L
number
WHEREAS, a
districts have %e~tering into a Joint
application to the Federal Envi~=~Onmental Protection Agency for
the National Pollutant DischarqeEliminat~n System (NPDES)
Permit which is now being required of designated municipalities
and independent special districts within the county in order to
address stormwater discharges into waters of the United States;
and
WHEREAS, the
Florida believes
City Commission of the City of Boynton Beach,
it is in the best interest of the residents
the City to enter into an Interlocal Agreement with the Northern
Palm Beach County Water Control District, said Agreement being
attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
~ Section 1. The "WHEREAS" clauses~ above are hereby
ratified and confirmed as being true and correct and incorporated
herein by reference.
Section 2. The Mayor and City Clerk are hereby
authorized to execute a certain Interlocal Agreement between
Northern Palm Beach County Water Control District and the City of
Boynton Beach, which Agreement is attached hereto as Exhibit "A'
Section 3. This Resolution shall take effect lmmediatei~
upon passage.
PASSED AND ADOPTED this J day of June, 1991.
ATTEST:
:~l~,. c~'.~k ' - -
,'.~ ~'~ :,, '.,
/ (Corporate.. Seal )
CITY OF BOYNTON BEACH,
~4ayor
~ / '~" .'5
commis s loner ' /
FLORIDA
INTERLOCAL AGREEMENT
This Agreement shall be effective as
NOR~'~ERN PALM BEACH COUNTY WATER
Drive, Palm Beach Gayness, Florida
~to~as.t~e~iD~PLI~A!N ) and the:
· ' r
( herelnaf te
of the /~--'7~-/ day
into by and between
CONTROL DISTRICT, 357 Hiatt
33418, (hereinafter referre~'L-~
CITY OF BOYNTON BEACH
t~ as- the ,,CO-APPLICANT").
WI T N E S SETH:
WHEREAS, the United States Federal Government has deter~
mined that water quality problems in urbanized watersheds are a
major environmental concern nationwide; and
WHEREAS, the Federal Water Quality Act of 1987 amended the
Federal clean Water Act with said amendment requiring the United
States Environmental Protection Agency (hereinafter referred to--
as "EPA") to develop regulations to implement the National.__
Pollutant Discharge Elimination System (hereinafter referred to
as "NPDES") Permit Program to address stormwater discharges to
waters of the United States; and
WHEREAS the EPA, in November of 1990, publkshed the final
regulations for implementation of the aforementioned NPDES
Permit Program; and
WHEREAS, said NPDES regulations mandate that the County of
Palm Beach, all municipalities contained therein, and specified
Special Water Control Districts submit an NPDES permit applica-
tion to the EPA; and
WHEREAS, while said NPDES permit application may be submit-
ted and permits issued on an individual basis, the EPA has
determined that due to the number of governmental entities
contained within the geographical boundary of Palm Beach County,
Florida, that ,such an individual application approach would be
administratively burdensome; and
WHEREAS, the EPA has authorized applicants located within
the geographical boundaries of Palm Beach County, to designate a
governmental entity as a lead applicant with other governmental
entities as co-applicants; and
WHEREAS, the parties to this Agreement have determined that
said proposal of EPA authorizing the designation of a lead
applicant and co-applicants for filing the NPDES permit applica-
tion is in the best interest of the parties hereto in that this
will:
(1)
deadlines
Application and
Application,
Assist all parties in complying with the application
of May 18, 1992, for Part 1 of the NPDES Permit
May 17, 1993, for Part 2 of the NPDES Permit
Ensure consistency, and
efficient and cost-sav~ng mechanism
(2)
(3) Assure the most
for compliance with the NPDES Permit Application process; and
WHEREAS, the parties hereto are authorized pursuant to
Chapter 163, Part 1 of Florida Statutes, to enter into this
Interlocal Agreement.
-2-
receiP~ requested, to the following addresses:
As to LEAD APPLICANT:
NORTHERN PALM BEACH COUNTY WATER
CONTROL DISTRICT
357 Hiatt Drive
Palm Beach Gardens, FL 33418
Attn: Peter L. Pimentel
As to CO-APPLICANT:
With a copy
Phone (
Fax (407) 624-7839
Kenneth ~. Edwards, Esquire
Caldweil & Pa
, 3rd Floor
2O
Phone ( )
Fax ( )
Phone ( )
Fax ( )
8.02. ~ntire Agreement. This
entire understanding and agreement
respect to the subject matter hereof.
Agreeme
between the parties with
8.03. Binding Effect. All of the terms and provisions
of this agreement, whether so expressed or not, shall be
binding upon, inure to the benefit of, and be enforceable by
the parties and their respective legal representatives,
successes an~ permitted assigns.
8.04.
AssignabilitY. The responsibility for carrying
-11-
to control
drainage
(a) Part 1 of NPDES Application:
(i) Assessment of the existing legal authority
the discharge of pollutants into stormwater systems.
(ii) Source identification which must include a
system inventory and mapping of existing facilities.
(iii)Discharge characterization associated with
collection of rainfall data, runoff volumes, water quality of
discharges and dry weather sampling for illicit connections.
ment programs.
(iv) Description of existing stormwater manage-
gram for the
available to
(v) Development of a wet
Part 2 application.
(vi) Identification of
complete Part 2.
weather sampling pro-
financial resources
(b) Part 2 of NPDES Application:
(i) Demonstration of adequate
to control discharges.
legal authority
(ii) Characterization of data acquisition and
an analysis program for wet weather sampling sites, an estimate
of the annual pollution loadings into receiving waters and a
continuous water quality monitoring program for the next five
years.
( i i i ) Proposed management prog rams to reduce
pollutant loadings and to monitor compliance.
(iv) Assessment of management programs effec-
tiveness.
-4-
(v) Financial resources and funding to support
this Agreement or
set forth below:
(i) Coordinator. The Coordinator shall be
primarily responsible for identifying the ~ype~ and extent of
~nformation 'and/or data required to carry out a particular task,
together with assimilating said data into the NPDES Application
following review and approval by the Provider.
(ii) Provider. The Provider shall be primarily
responsible for gathering, collecting and delivering to the_r
Coordinator the data and information required in order to carry
out a particular ~ask.
~b~lity.
3.03. Allocation of Respons' ' '
(a) Part 1 of NPDES Permit Application:
the program.
3.02. Allocation of ResponsibilitieS:
(a) Definitions. The following terms as used ~n
in exhibits hereto shall have the mean~n~s as
(i) The LEAD APPLICANT shall be responsible
for those tasks as are identified in Exhibit "A" which is
attached hereto and made a part hereof.
(ii) The CO-APPLICANT shall be responsible for
those tasks as are identified in Exhibit "A" which is attached
hereto and made a part hereof.
Part 2 of NPDES Permit Application:
(i) The LEAD APPLICANT shall be
identified in Exhibit "B" which
responsible
is attached
for those tasks
hereto and incorporated herein.
-5-
(ii)
those tasks identified
and incorporated herein.
The CO-APPLICANT. shall be responsibIe for
in Exhibit "B" which is attached hereto
3.04. EPA Negotiations. As the parties are aware, follow-
ing the filing of the aforementioned NPDES Permit Applications,
each party will be required to negotiate an agreement with EPA
in order to develop site-specific stormwater management pro-
grams. Since the outcome of said negotiations will create a
legally binding obligation on said party, it is agreed that each
party shall be independently and solely responsible for said
negotiations with the EPA.
3.05. Time Period f.or Conclusion of Tasks. Due to the
limited time period that is available to the parties to prepare
and submit Parts 1 and 2 of the NPDES Permit Application, the
parties agree that the duties and tasks as assigned to them as
set forth above must be concluded in an orderly fashion and that
the deadlines for completion shall be deemed material for the
purposes of this Agreement. Said time periods shall be as set
forth in the column titled "End Date" of attached Exhibits "A"
and "B".
SECTION FOUR
ENFORCEMENT AND/OR VIOLATIONS OF EPA PERMIT
4.01. Enforcement. The designation of any party to this
Agree~%nt as the LEAD APPLICANT is not intended nor shall it be
construed as authorizing, granting or permitting the LEAD
APPLICANT to accept or assume any powers of enforcement of said
-6-
permit as to the other party.
4.02. violations. That in the event any party to this
Agreement should violate said party's individually negotiated
permit or.agreement~with. the EPA, then in~ that event said party
sha~ll be solely responsible for any and all attorney's fees,
costs, fines, penalt~ies~, or corrective measures that it incurs or
has imposed upon it by the EPA~ or such other governmental entity
that is authorized to ~mpose same.
SECTION FIVE
ALLOCATION OF COSTS AND EXPENSES
5.01. The LEAD APPLICANT and CO-APPLICANT recognize and
agree that the costs and expenses that each party hereto will
inour in carrying out the duties and responsibilities that each__
has assumed as hereinabove set forth, are not subject to exact
and
determlnatlo at the time of the execution of this Agreement
that said costs and expenses are merely "best estimate and
subject to modification if agreed to in writing by and between
the parties hereto.
5.02. That based upon the "best estimates" available to the
parties at the time of the execution of this Agreement, it is
agreed as follows:
(a) Part 1 NPDES Permit Applicatioq:
(i) The CO-APPLICANT shall pay
APPLICANT for those duties and
LEAD APPLICANT that sum of U.
attached Exhibit
to the LEAD
responsibilities assumed by the
S. Dollars as is enumerated
"A" and described and identified in the column
-7-
set forth
Services".
by
in said exhibit titled: "Estimated Cost~ of Lead
the CO-APPLICANT as
That of the amounts required to be paid
set forth on attached Exhibit "A", the
CO-APPLICANT does hereby acknowledge and a]ree that in the event
the CO-APPLICANT should decide to terminate this Agreement as is
hereinafter prgvided, said CO-APPLICANT shall still be required
to pay to the LEAD APPLICANT the sum of ~ /~. 6~P-f~ which
represents the LEAD APPLICANT's fixed overhead mobilization and
administration costs which are included in Line Items B 4 and E
of attached Exhibit "A".
(iii) That except for such amounts as are
required to be pai~ by the CO-APPLICANT to the LEAD APPLICANT as
identified above, the CO-APPLICANT shall be responsible for all
other costs and expenses incurred by it in the preparation and
filing of the Part 1 NPDES Permit Application.
(b) Part 2 - NPDES Permit Application:
In that until such time as the data required
for preparation of the Part 1 NPDES Application is collected and
processed, the parties hereto cannot determine the estimated
costs and expenses that will be incurred in carrying out the
duties, tasks and responsibilities assumed by each of the par-
ties hereto, as identified in attached Exhibit "B". Therefore,
it is agreed that such amounts required to be paid by the
CO-APPLICANT to the LEAD APPLICANT for Part 2 shall be deter-
mined by the parties hereto following further negotiation and
finalization of said amounts by a separate written instrument.
-8-
SECTION SIX
PAYMENT PROCEDURE
6.01. The LEAD APPLICANT shall submit monthly invoices to
the CO-APPLICANT for such costs and expenses as are incurred by
the LEAD APPLICANT in carrying out the duties and responsibili-
ties the LEAD APPLICANT has assumed as set forth hereinabove.
6.02. T~e aforementioned monthly invoices shall be sub-
mitted by the LEAD APPLICANT to the CO-APPLICANT~°n the 15th.day
of each month following the effecti~e date 'of this' Agreement and
the CO-APPLICANT shall promptly process said invoice in order to
authorize and pay said invoice within thirty (30) days from
receipt of said invoice.
6.03. That uniess
between the parties hereto,
by the aforementioned due date, then
and responsibilities assumed
terms of this Agreement may,
suspended and/or terminated
otherwise agreed to in writing by and_
if said invoice is not paid in full
in that event the duties
by the LEAD APPLICANT under the
following five (5) days notice, be
by the LEAD APPLICANT at its sole
discretion.
SECTION SEVEN
OPTION TO TERMINATE
7.01. Either party to this Agreement shall have the right
to terminate this Agreement, provided, however, that the party
wishing to terminate the Agreement must provide thirty (30) days
prior written notice to the other party of said terminating
party's decision to terminate this Agreement. said termination
shall not be effective until said thirty days have elapsed.
7.02. Irrespective of either party's election to terminate
this Agreement undsr the aforementioned optional provisions or
in the event of a failure to pay by the co-APPLICANT to the LZAD
APpI. ICANT of the amounts due under the terms of this Agreement,
any costs and expenses incurred or obligated to be paid by the
LEAD APPLICANT under the terms of this Agreement for the benefit
of the CO-APPLICANT at the time of receipt of the notice of
:ermination shall still be due and owing and the right to
collect said amounts shall survive the termination of uhis
Agreement.
7.03. In the evsn= this Agreement is cancelled or termi-
nated, all documentation and data previously collected by the
LE~D APPLICANT in accordance with its duties and responsibili-
ties as assumed herein, shall be made available to the CO-
be
APPLICANT, provided, however, that said CO-APPLICANT shall
responsible for the co,ts incurred in duplicating said data.
SECTION EIGHT
M~SCELLANEOU$ PROVISIONS
8.01. All notices, requests, consents and other communica-
tions required or permitted under this Agreement shall be ~n
writing (including telex, facsimile or telegraphic communica-
tion) and sha~l be (as elected by the person 9lying such notice)
hand delivered by prepaid express overnight courier or messenger
services telecommunicated, or mailed (airmail if international)
by registered or certified mail (postage prepaid), return
NOW, THEREFORE, in accordance with Chapter .163, Part 1,
Florida Statutes, the undersigned parties, for and in considera-
tion of the mutual benefits set forth herein, do hereby enter
into this Interlocal Agreement
with each other as follows:
SECTION ONE
REPRESENTATION~
1.01. The fac~s, statements and recitals as set forth here-
inabave are true and correct and are incorporated herein by this
reference.
SECTION TWO
DESIGNATION OF APPLICANTS
2.01. NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT
shall be designated the LEAD APPLICANT for the purposes of this
Agreement and the NPDES Permit Application.
2.02. The
be designated the CO-APPLICANT for the
ment and the NPDES Pemit Application.
~j~ shall
purposes of this Agree-
SECTION THREE
SCOPE OF WORK, ALLOCATION OF RESPONSIBILITIES
AND TIMES FOR TASK COMPLETION
3.01. Scope of Work:
The scope of work contemplated under
as to the preparation and submission of Parts
NPDES Permit Application is as follows:
this Agreement
1 and 2 of the
OUt any task assumed by any party to this Agreement, but not
the obligation to pay the amounts required, to be paid as
hereinabove set forth, may be assigned by any party to this
Agreement.
8.05. Seversbility. If any part of this Agreement is
contrary to, prohibited by or 'deemed invalid under applicable
law or regulation, such provision shall be inapplicable end
deemed omitted to the extent so contrary, prohibited or
invalid, but the remainder hereof shall not be invalidated
thereby and shall be given full force and effect so far as
possible. --
8.06. Governing Law and Venue. This Agreement and all
transactions contemplated by this Agreement shall be governed
by, an~ construed anal enforce~ in accordance with, the internal
laws of the State of Florida without regard to any contrary
conflicts of laws principle. Venue of all proceedings in
connection herewith shall be excluslvely in Palm Beach County,
Florida, and each party hereby waives whatever their respective
rights may have been in the selection of venue.
8.07. Time of the Essence. Time is of the essence with
respect to this Agreement.
8.08. ~eadings. The headings contained in :his Agree-
men: are for convenience of reference only, and shall not limit
or otherwise affect in any way the meaning cr interpretation of
this Agreement.
8.09. Rights of Remedies. The failure of any party to
insist on a strict performance of any of the terms and condi-
-12-
tions hereof Sh&ll he, deemed a waiver of the rights, cf remedies
~hat the party may have regarding the: specific instance only,
and shall not be deemed a waiver of any subsequent breach or
all
defau1% in any terms and conditions.
8.10. This Agreement may be executed in one or more
counterparts, each of which shall be deemed,,~ an original, but
Of which together shall constitute one and the same
instrument.
IN ~TNE$S :~EREOF, ~he partie~. ~have, se~., their hands and
seels the day and ye&r herein&,fter written.
EXECUTED ~¥ LEAD A~PLICANT ~his day of
1991 ·
NORTHERN PALM B~ACH COUNTY
WATER CONTROL DISTRICT
By: l~am L. Kers~a~e~ ~,e '
~XECUTED ~Y CO-APPLICANT
1991.
ATTEST:
4464E
5/16/91
Edward H~r&e~in~, Vice Mayo/
City of Boynton Beach
-13-
TOTAl. P. 85
CITY OF BOYNTON BEACH
PART~I OF THE NPDES PERMIT APPLICATION EXHIBIT A
~SSESS EXISTING CONDITIONS
EST. COST
SCOPE RESPONSIBILITIES END OF LEAD
ITEM TASK DESCRIPTION LEAD CO-APP DATE SERVICES
A. Legal
B1. Environmental
r-Source
Ident.
1. Identify Jurisdictions
2. Municipal Ordinances
3. Sources of Authority
4. Schedule/Commitment to
Seek Additional Authority
1. Topo/Drainage Boundary Map
2. Outfall Systems
3. Drainage Areas
4. Controls
Location Landfills/Industries/
Open Areas
6. Land Use Maps and Population
Projections
7. Soil/Runoff Characterization
8. Existing NPDES Permits
9. Inventory Mapping/Uniform
Computerized System
B2. Environmental 1.
Discharge 2.
Characteristics 3.
(Hydrology)
B3. Environmental 1.
Discharge
Characteristics
(Sampling)
Rainfall Data
Runoff Volume and .Quality
Receiving Water Bodies/Impacts
Dry Weather Field Visits/
Sampling
(Screen Illicit Connections)
P
P
P
P
P
7/1/91 $0
9/1/91
9/1/91
8/15/91
8/15/91 $12,000
8/15/9i
8/15/91
8/15/91
8/15/91
8/15/91
9/1/91
9/1/91
10/1/91
8/1/91 $5,000
10/1/91
12/1/91
C P 11/1/91 $500
B4~ Environmental
Discharge
Characteristics
(Planning)
1. Locate Outfalls with Illicit
Connections P 2/1/92 $6,000
2. Locate Outfalls for Part 2
Sampling P 3/1/92
3. Develop Wet Sampling Plan for
Part 2 P 4/1/92
C.~Existing
Management
Programs
D. Financial
1. Source Control Program P 1/1/92 $0
2. Programs for Illicit Connections P )/1/92
1. Budget for Existing Programs P 1/1/92 $0
2. Resources for Part 2 P 5/1/92
E. Application
C-Coordinator
1. Mobilization of Participants P 6/15/91
2. Liason with Participants P 4/1/92
3. Coordination with EPA C C 6/1/91
4. Organize and Collate Information C P 4/1/92
5. Prepare Application P 5/15/92
a. Maps
b. Assemble Reports
c. Formatting and Editing
d. Final Re@ort
e. Submittal
$12,000
P- Provi der TOTAL $35,500
17-MAY-1991
P~R'~ '2 OF TIlE NPDES PERMIT APPLI, , ION
D£VELOP )b~NAGEHENT PROGRAM
SCOPE
RESPONSIBILITIES
LEAD C0~APP
EST. CO.
END 'OF LE~D
DAlE SERVICES
TASK DESCRIPTION ..................................
ITEM
___J_~--' ........................ (TO BE
........ COMPLETED
A. Legal
BI. Environmental
{Sampling)!
BZ. Environmental
Planning
C. Proposed
Management
Programs
O. Financial
E. Application
C-Coordinator
PER .
1. Ord!nance Preparation AGREFJ4EHT)
SpillsIllicit Discilarges Cbntrol .,.~ p 2/I/932~1/93 ~ '
2. Inter-a~ency Agreements
3. MonltoringlnS~ectl°n/Sur~eillahce~ C ' ' P 2/1/93 __
lJ Wet Weather Discharge p 10/1/92 --~
Characterization
e 11!/93
p 3/1/93 ~
1. Source Contrels~R~moval~s . P 4/1/93 -
2. Program for Illlci~.CQ~ect}°ns rC p 4/1/93 --
3. Program for In~ustrlai~and 4/1/93
Construction ~tte' : c P
4. staff' and Equipment · C p 4/15/93
5. Pollutant Reduction p 4/15/93
p 4/15/93
6. Groundwater Impact
7. Remedial Captt~l ~mprovement C p 4/15/93
Plan ---'---
1. Needs p 5/1/9~-
c p 5/1/93
2. Sources of Funds
1. LiaiSon Among ~articipants P 3/~/93
2. Coordination w~th EPA C 9/1/92 -"----
C p 4/[/93
3. Organize.an~,Co]~ate Information 5/15/93
4. Prepare Application P
a. Maps .
b. Assembl? Reports , ~__..,~-]-C)
c. Formatting and Editing
d. Fina~ Report '"~E
e. Submttal
p-Provider
lzF. CEIVED
'
OB-MAY- 1991
MEMORANDUM
Utilities #92-006
J. Scott Miller,
TO: City Manager
John A. Guidry,
DATE: January 9, i992
SUBJECT: NPDES PART ti BUDGET
A member of this department attended the NPDES Steering Committee
meeting of January 7, 19'92, during which a tentative budget was
submitted for Pa~t II of the NPDES permit application (see
attached).
Should we continue to be a part of the Northern Group
application, Boynton Beach's share of the group costs would be
$36,000. Portions A & B1 would be due in budget year '9i-'92
amounting to $19.350, the remainder due in the '92-°93 budget
year. These costs do no% include staff or consultant fees. The
Storm Water Utility Consultant Agreement only includes Part I,
NPDES.
We feel that the City's continued participation with the group
the best option. The City's anticipated obligation excluding
staff costs is:
IS
Part I Group Application Costs $35,500
CDM Professional Services Pt.I 21,040
Part II Group Application 36.000
CDM Professional Services Pr.II to be determined
As we anticipated, these cos%s, which are currently being funded
by the Utility Fund, are quickly mounting. The earliest the
Storm Water Utility can be implemented is mid 1993.
/gb
Attachment
xc: Mike Kazuna$
.J File
PART 2 OF THE NPDES PERMIT APPLICATION - PRELIMINARY BUDGET
Scope
Item
A. Legal
BI. Sampling
B2. Plarming
C. Management Prog.
D. Financial
E. Application
TOTAL
Lead
Provider
Gu/dance
Guidance
Preparer
E;tima;ed Cost of Lead Services
Municipalities
~0;000
5,000
$i O moo
$400,~000
Revised January, 1992
HISTORY OF STORM WATER
May 1973 - First Storm Water Regulations
- Exempted uncontam{.~ted stor~ water,
unless designated by pezmitting authority
- Challenged b~ HRDC
Hatch
1976 - RegulationsRevised
Court agreed with NRDC
qoverage for all.stormwater discharges,
except uncontaminated rural runoff
June 1979
and May 1980
Regulations Revised
- ~esting fortoxic pollutants required.
if believed present; pollutants from
1977 CWA
- Several suits by trade associations and
environmental groups
July 1982 - Settlement Agreement with Industry Petitioners
- Narrowed definition of storm water
point source
- Reduced application requirements by
identif~i~gGrou~ I and II
- EPA agreed not to take enforcement_
actions against certain discharg6s
the interim
in
November 1982
September 1984
Proposed Rule
- Changes to regulations based on
settlement agreement
- Final Rule
- Definition of storm water point source
revised to 1976 and 1980 broad
coverage
- Six month deadline for application
submittal set
March
1985 .- Proposed Rule
- Reduction in data submittal
requirements for Group I
- Extensions of application deadlines
for Groups I and II
August 12,
1985 - Reopened Co~unent Period on March 1985 Proposal
- Group application approach proposed
- Municipal storm sewer systems clarified
as Group I industrial dischargers
August 29, 1985
Final Rule
- Application deadlines extended until
12/31/87 and 6/30/89
February 1987 - War. c Quality Act of 1987
-2-
December 1987 - Court Remanded 1984 Regulations
Februar~ 1988- Final
- ~.~t.~ ~ater regulations deleted
4:0'~ CFR
from
December 1988
application requirements b~d
1987
five t~es of discharges
Obtain a permit prior to
permits and group
gories
set
March 199i -~Fina
for submitting Part i of-~roup
i~dustrial application extended
Deadline for submitting Part 2 of group
application changed:to a fixed date
March 1991
Proposed Rule
- Ex, end individual industrial
a~plication deadline
- Establish a fixed deadline for individual
a~plication submission from rejected