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C11-01 - Implementaion Agreement for NPDES MSS Permit for Santa Ana Region Cil -a/ 155244 FIRST AMENDMENT TO AGREEMENT National Pollutant Discharge Elimination System Urban Runoff Discharge Permit Implementation Agreement Santa Ma Region (Santa Ma Drainage Area) This First Amendment ("Amendment") to that certain agreement ("Agreement") entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("DISTRICT"), the COUNTY OF RIVERSIDE ("COUNTY"), and the CITIES OF BEAUMONT, CALIMESA, CANYON LAKE, CORONA, EASTVALE, HEMET, LAKE ELSINORE, MENIFEE, MORENO VALLEY, MURRIETA, NORCO, PERRIS, RIVERSIDE, SAN JACINTO and WILDOMAR (individually, "CITY" and collectively, "CITIES") (each of the DISTRICT, COUNTY and CITIES shall be a "PARTY", and collectively, "PARTIES") with respect to establishing the responsibilities of each PARTY concerning compliance with the National Pollutant Discharge Elimination System Urban Runoff Discharge Permit issued by the California Regional Water Quality Control Board - Santa Ana Region ("RWQCB-SAR") pursuant to Order No. R8-2010-0033 ("NPDES Permit"), is entered into by and between the PARTIES and the CITY of JURUPA VALLEY with respect to the following: RECITALS WHEREAS, the RWQCB-SAR issued the NPDES Permit to DISTRICT, COUNTY and CITIES on January 29,2010; and WHEREAS, the NPDES Permit designates DISTRICT as the "Principal Permittee", and COUNTY and CITIES as "Co-Permittees"; and WHEREAS, cooperation between the PARTIES in the administration and implementation of the NPDES Permit is in the best interests of the PARTIES; and - 1 - 155244 WHEREAS, the PARTIES entered into the Agreement to facilitate the administration and implementation of the NPDES Permit; and WHEREAS, on July 20, 2010 and July 21, 2010 the CITIES of MURRIETA and WILDOMAR, respectively, pursuant to California Water Code section 13228, requested that the RWQCB-SAR designate the California Regional Water Quality Control Board — San Diego Region("RWQCB-SDR") as the regulating authority for all portions of those CITIES,regardless of RWQCB jurisdictional boundaries for matters pertaining to MS4 permitting; and WHEREAS, on July 22, 2010, the CITY of MENIFEE requested that the RWQCB-SDR designate the RWQCB-SAR as the regulating authority for all portions of the CITY, regardless of RWQCB jurisdictional boundaries for matters pertaining to MS4 permitting; and WHEREAS, on September 28, 2010, the Executive Officers of the RWQCB-SAR and RWQCB-SDR signed Designation Agreements, pursuant to Water Code Section 13228(a), providing (1) the RWQCB-SDR authority to regulate municipal stormwater runoff from the CITIES of MURRIETA and WILDOMAR, including those portions of the CITIES that fall within the RWQCB-SAR geographic jurisdiction; and (2) the RWQCB-SAR the authority to regulate municipal stormwater runoff from all portions of the CITY of MENIFEE, including those portions that are within the RWQCB-SDR geographic jurisdiction; and WHEREAS, in accordance with the RWQCB-SDR Permit, Order No. R9-2010- 0016, the CITIES of MURRIETA and WILDOMAR are required to comply with the applicable provisions of the Santa Ana NPDES MS4 Permit, Order R8-2010-0033, pertaining to implementation of the Nutrient Total Maximum Daily Load (TMDL) for Lake Elsinore and Canyon Lake; and WHEREAS, Order R8-2010-0033 requires the CITY of MENIFEE to comply - 2 - 155244 with TMDLs and associated MS4 permit requirements issued by the RWQCB-SDR which include the CITY of MENIFEE as a responsible PARTY; and WHEREAS, on June 7, 2013 the RWQCB-SAR NPDES Permit Order No. R8- 2010-0033 was amended with Order No. R8-2013-0024 to provide for the removal of the CITIES of MURRIETA and WILDOMAR and the addition of the newly incorporated CITIES of EASTVALE and JURUPA VALLEY; and WHEREAS, the entire jurisdictional areas of the CITIES of MURRIETA and WILDOMAR are now regulated by the RWQCB-SDR with respect to MS4 stormwater discharges ' and are no longer subject to the RWQCB-SAR NPDES Permit except with respect to those CITIES' compliance with the Nutrient TMDL for Lake Elsinore and Canyon Lake; and WHEREAS, portions of the jurisdictional area of the CITY of MENIFEE were previously under the jurisdiction of the RWQCB-SDR and the entire jurisdictional area of the CITY of MENIFEE is now under the jurisdiction of the RWQCB-SAR. NOW,THEREFORE,the PARTIES do mutually agree as follows: 1. Removal of CITIES of MURRIETA and WILDOMAR. Upon the Effective Date of this Amendment, the CITIES of MURRIETA and WILDOMAR are no longer subject to the terms of this Agreement except as necessary to meet their respective TMDL obligations (including cost shares for regional TMDL programs paid for through this agreement, timely implementation of Comprehensive Nutrient Reduction Plan programs and requirements, and timely submittal of information needed to satisfy TMDL reporting requirements) and except for where the CITIES of MURRIETA and WILDOMAR wish to participate in other related reports, studies or programs that may be necessary to address the Lake Elsinore and Canyon Lake Nutrient TMDL or other future TMDLs regulating the portion of the CITIES of MURRIETA and WILDOMAR within the RWQCB-SAR jurisdiction. - 3 - 155244 2. Addition of CITY of JURUPA VALLEY. Upon the Effective Date of this Amendment, the CITY of JURUPA VALLEY is a PARTY under the Agreement and shall be considered a "CITY" for purposes of all duties and responsibilities assigned, and all benefits accruing, to CITIES under the Agreement. 3. Permit Area Amendment. As used in the Agreement, the term "Permit Area" shall include the entire jurisdictional area of the CITY of MENIFEE. 4. Effective Date of Amendment. This Amendment shall become effective on the last date that both (a) duly authorized representatives of PARTIES representing a majority of the percentage contribution set forth in Section 4 of the Agreement and (b) the CITIES of JURUPA VALLEY, MENIFEE, MURRIETA and WILDOMAR sign the Amendment. Each PARTY's vote shall be calculated according to the percentage contribution of each PARTY as described in Section 4 of the Agreement. 5. Budget Responsibility of CITY of JURUPA VALLEY. Upon the Effective Date of the Amendment, the CITY of JURUPA VALLEY shall be responsible for the shared costs discussed in Section 4 of the Agreement for the current and any subsequent budget year. 6. Effectiveness of Agreement. Except as amended herein, all provisions in the Agreement remain in full force and effect. 7. Applicability of Prior Agreements. This Amendment, the Agreement and the exhibits attached hereto constitute the entire Agreement between the PARTIES with respect to the subject matter; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby. 8. Execution in Counterparts. This Amendment may be executed and delivered in any number of counterparts or copies ("counterpart") by the PARTIES hereto. When each PARTY has signed and delivered at least one counterpart to the other PARTIES -4 - i 155244 hereto, each counterpart shall be deemed an original and, taken together, shall constitute one and the same agreement,which shall be binding and effective as to the PARTIES hereto. IN WITNESS WHEREOF,the PARTIES have executed this Amendment on the dates set forth below. - 5 - 155244 APPROVED AS TO FORM: CITY OF BEAUMONT By `'y.> GA a B --1?4"---- CityAttomey Mayor ATTEST Bye _ Date: lo/ ' — /J City Clerk (SEAL) - 8 - 1 135930 2 AGREEMENT 3 National Pollutant Discharge Elimination System 4 Urban Runoff Discharge Permit Implementation Agreement 5 Santa Ana Region 6 (Santa Ana Drainage Area) 7 This Agreement, entered into as of this ti‘ day of i, ' 2011 by 8 the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 9 (herein called DISTRICT), the COUNTY OF RIVERSIDE (herein called COUNTY), and the 10 CITIES OF BEAUMONT, CALIMESA, CANYON LAKE, CORONA, EASTVALE, HEMET, 11 LAKE ELSINORE, MENIFEE, MORENO VALLEY, MURRIETA, NORCO, PERRIS, 12 RIVERSIDE, SAN JACINTO and WILDOMAR, (herein called CITIES), establishes the 13 14 responsibilities of each party concerning compliance with the National Pollutant Discharge 15 Elimination System (NPDES) Urban Runoff Discharge Permit (NPDES Permit) issued by the 16 California Regional Water Quality Control Board - Santa Ana Region pursuant to Order No. 17 R8-2010-0033. This Agreement effectively terminates the Implementation Agreement adopted 18 on December 16, 2003. 19 20 RECITALS 21 WHEREAS, in 1987 Congress added Section 402(p) to the Federal Clean Water 22 Act (CWA) (33 U.S.C. §1342(p)); and 23 WHEREAS, Section 402(p) of the CWA requires certain municipalities, 24 industrial facilities and persons conducting certain construction activities to obtain an NPDES 25 Permit before discharging stormwater into navigable waters; and 26 WHEREAS, Section 402(p) further requires the Federal Environmental 27 28 Protection Agency(EPA)to promulgate regulations for NPDES Permit applications; and - 1 - 1 135930 2 WHEREAS, EPA adopted such regulations in November 1990; and 3 WHEREAS, EPA delegated authority to the California Regional Water Quality 4 5 Control Board-Santa Ana Region (RWQCB-SAR) to administer the NPDES permitting process 6 within the boundaries of that region; and 7 WHEREAS, DISTRICT was created to provide for the control of flood and 8 stormwaters within the County of Riverside and is empowered to investigate, examine, measure, 9 analyze, study and inspect matters pertaining to flood and stormwaters; and 10 WHEREAS, the COUNTY and CITIES have land use authorities and own and 11 12 operate Municipal Separate Storm Sewer System (MS4) facilities; and 13 WHEREAS, on August 30, 2000 DISTRICT, COUNTY and CITIES submitted 14 an NPDES Permit Application for an area-wide NPDES Permit; and 15 WHEREAS, the NPDES Permit Application was submitted in accordance with 16 the previous NPDES Permit (Order No. 96-30, NPDES No. CA 618033) which expired on 17 March 8, 2001; and 18 WHEREAS, RWQCB-SAR issued a NPDES Permit to DISTRICT, COUNTY 19 20 and CITIES on October 25, 2002; and 21 WHEREAS, on April 27, 2007 DISTRICT, COUNTY and CITIES submitted an 22 NPDES Permit Application for an area-wide NPDES Permit; and 23 WHEREAS, the NPDES Permit Application was submitted in accordance with 24 the previous NPDES Permit(Order No. R8-2002-0011,NPDES No. CA 618033) which expired 25 on October 26, 2007; and 26 WHEREAS, RWQCB-SAR issued a new NPDES Permit to DISTRICT, 27 28 COUNTY and CITIES on January 29, 2010; and -2 - 1 135930 2 WHEREAS, the NPDES Permit governing municipal stormwater discharges 3 meets both the requirements of Section 402(p)(3)(B) of the CWA and all requirements 4 5 applicable to an NPDES Permit issued under RWQCB-SARs discretionary authority in 6 accordance with Section 402(a)(1)(B) of the CWA; and 7 WHEREAS, the NPDES Permit designates DISTRICT as the "Principal 8 Permittee", and COUNTY and CITIES as "Co-Permittees"; and 9 WHEREAS, cooperation between DISTRICT, COUNTY and CITIES in the 10 administration and implementation of the NPDES Permit is in the best interests of DISTRICT, 11 COUNTY and CITIES; and 12 13 WHEREAS, DISTRICT is willing to share the expertise of its staff with 14 COUNTY and CITIES so that they can join in implementing the requirements of the NPDES 15 Permit; and 16 WHEREAS, the RWQCB-SAR and the RWQCB-San Diego Region are 17 currently contemplating amendments to Order No. R8-2010-0033 and pending Order No. R9- 18 2010-0016 that would effectively allow MURRIETA and WILDOMAR to be wholly regulated 19 20 under Order No. R9-2010-0016 and MENIFEE to be wholly regulated under Order No. R8- 21 2010-0033; and 22 WHEREAS, MURRIETA and WILDOMAR would be subject to the LAKE 23 ELSINORE/CANYON LAKE NUTRIENT TMDL, independent of Order No. R8-2010-0033, 24 and therefore may be interested in participating in joint programs developed under this 25 Agreement to address the LAKE ELSINORE/CANYON LAKE NUTRIENT TMDL; and 26 27 WHEREAS, DISTRICT, COUNTY and CITIES are to perform certain activities 28 prescribed in the NPDES Permit and related to management of the NPDES Permit compliance - 3 - 1 135930 2 program that will benefit all parties. 3 NOW, THEREFORE,the parties hereto do mutually agree as follows: 4 1. Incorporation of the NPDES Permit. The NPDES Permit issued to 5 6 DISTRICT, COUNTY and CITIES by RWQCB-SAR pursuant to Order No. R8-2010-0033 is 7 attached to this Agreement as EXHIBIT A and is hereby incorporated by reference in its entirety 8 and made a part of this Agreement. 9 2. Delegation of Responsibilities. The responsibilities of each of the parties 10 shall be as described in the NPDES Permit and reiterated as follows: 11 a. DISTRICT shall assume the responsibilities and meet the requirements 12 13 of the NPDES Permit by complying with Section IIIA 14 (RESPONSIBILITIES OF THE PRINCIPAL PERMITTEE) and: 15 (1) Performing or coordinating all the joint sampling data collection 16 and assessment requirements described in the NPDES Permit 17 MONITORING AND REPORTING PROGRAM. 18 (2) Performing all of the joint reporting requirements described in 19 20 the NPDES Permit MONITORING AND REPORTING 21 PROGRAM. With respect to such joint reporting requirements, 22 the DISTRICT shall specifically: 23 (a) Prepare the required narrative for all joint reports; and 24 (b) Provide COUNTY and CITIES an opportunity to review 25 and comment on any such narrative. 26 The cost for implementing the requirements of the joint activities 27 28 shall be jointly funded as shared costs as described in paragraphs 3 - 4 - 1 135930 2 and 4 of this Agreement. 3 b. DISTRICT, at no cost to COUNTY and CITIES, shall assume the 4 responsibilities and meet the requirements of the NPDES Permit by: 5 6 (1) Complying with Section III.A (RESPONSIBILITIES OF THE 7 PRINCIPAL PERMITTEE). 8 (2) Complying with Sections IV (LOCAL IMPLEMENTATION 9 PLAN), V (DISCHARGE PROHIBITIONS), VI (EFFLUENT 10 LIMITATIONS, DISCHARGE SPECIFICATIONS AND 11 OTHER TMDL RELATED REQUIREMENTS), VII 12 13 (RECEIVING WATER LIMITATIONS), VIII (LEGAL 14 AUTHORITY/ENFORCEMENT), IX (ILLICIT 15 CONNECTIONS/ILLEGAL DISCHARGES (IC/ID); LITTER, 16 DEBRIS AND TRASH CONTROL) , X (SEWAGE SPILLS, 17 INFILTRATION INTO THE MS4 SYSTEMS FROM 18 LEAKING SANITARY SEWER LINES, SEPTIC SYSTEM 19 20 FAILURES AND PORTABLE TOILET DISCHARGES) , XII 21 (NEW DEVELOPMENT (INCLUDING SIGNIFICANT 22 REDEVELOPMENT)), XIII (PUBLIC EDUCATION AND 23 OUTREACH), XIV (PERMITTEE FACILITIES AND 24 ACTIVITIES), XV (TRAINING PROGRAM FOR 25 STORMWATER MANAGERS, PLANNERS, INSPECTORS 26 AND MUNICIPAL CONTRACTORS), XVI (NOTIFICATION 27 28 - 5 - 1 135930 2 REQUIREMENTS), XVII (PROGRAM MANAGEMENT 3 ASSESSMENT/DAMP REVIEW), XVIII (FISCAL 4 RESOURCES), XIX (MONITORING AND REPORTING 5 6 PROGRAM), XX (PROVISIONS), XXI (PERMIT 7 MODIFICATION), XXII (PERMIT EXPIRATION AND 8 RENEWAL) as they pertain to DISTRICT facilities and 9 operations. 10 c. COUNTY and CITIES shall, at no cost to DISTRICT, assume the 11 responsibilities and meet the requirements of the NPDES Permit for 12 13 land area and facilities within their individual jurisdictions by: 14 (1) Complying with Section III.B (RESPONSIBILITIES OF THE 15 CO-PERMITTEES). 16 (2) Complying with Sections IV (LOCAL IMPLEMENTATION 17 PLAN), V (DISCHARGE PROHIBITIONS), VI (EFFLUENT 18 LIMITATIONS, DISCHARGE SPECIFICATIONS AND 19 OTHER TMDL RELATED REQUIREMENTS), VII 20 21 (RECEIVING WATER LIMITATIONS), VIII (LEGAL 22 AUTHORITY/ENFORCEMENT), IX (ILLICIT 23 CONNECTIONS/ILLEGAL DISCHARGES (IC/ID); LITTER, 24 DEBRIS AND TRASH CONTROL), X (SEWAGE SPILLS, 25 INFILTRATION INTO THE MS4 SYSTEMS FROM 26 LEAKING SANITARY SEWER LINES, SEPTIC SYSTEM 27 28 FAILURES, AND PORTABLE TOILET DISCHARGES), XI - 6 - 135930 1 2 (CO-PERMITTEE INSPECTION PROGRAMS), XII (NEW 3 DEVELOPMENT (INCLUDING SIGNIFICANT 4 5 REDEVELOPMENT)), XIII (PUBLIC EDUCATION AND 6 OUTREACH), XIV (PERMITTEE FACILITIES AND 7 ACTIVITIES), XV (TRAINING PROGRAM FOR 8 STORMWATER MANAGERS, PLANNERS, INSPECTORS 9 AND MUNICIPAL CONTRACTORS), XVI (NOTIFICATION 10 REQUIREMENTS), XVII (PROGRAM MANAGEMENT 11 ASSESSMENT/DAMP REVIEW), XVIII (FISCAL 12 13 RESOURCES), XIX (MONITORING AND REPORTING 14 PROGRAM), XX (PROVISIONS), XXI (PERMIT 15 MODIFICATION), XXII (PERMIT EXPIRATION AND 16 RENEWAL) as they pertain to COUNTY and CITIES facilities 17 and operations. 18 (3) Demonstrating compliance with all NPDES Permit requirements 19 20 through timely implementation of the approved Drainage Area 21 Management Plan (DAMP) and any approved modifications, 22 revisions, or amendments thereto. 23 (4) Providing to DISTRICT (on DISTRICT approved forms) all 24 information needed to satisfy the reporting requirements 25 described in the NPDES Permit MONITORING AND 26 27 REPORTING PROGRAM. The COUNTY and CITIES shall 28 specifically: - 7 - 1 135930 2 (a) Provide information on existing stormwater facilities 3 and/or other data as it pertains to COUNTY or CITIES 4 5 facilities when requested by DISTRICT. 6 (b) Submit their individual reports to DISTRICT for 7 incorporation into DISTRICT'S narrative no later than 8 November 1 of each year. 9 3. Budgets. On or before January 15 of each year, the DISTRICT shall 10 prepare and submit a budget for the next fiscal year to the Santa Ana/Santa Margarita Technical 11 Advisory Committee (TAC). The budget shall include anticipated costs and fees for District 12 13 services or consultant services to prepare manuals, develop programs, implement programs, 14 engage legal counsel on behalf of the Permittees or perform studies relevant to the entire Permit 15 Area. Once consensus has been reached amongst the TAC, the budget will be submitted to the 16 Management Steering Committee. 17 4. Shared Costs. In the event DISTRICT requires the services of a consultant 18 or consultants to prepare manuals, develop programs or perform studies relevant to the entire 19 20 Permit Area, the cost of said consultant services will be shared by DISTRICT, COUNTY and 21 CITIES. The shared costs shall be allocated as follows: 22 Party Percentage Contribution DISTRICT 50 23 COUNTY& CITIES 50 24 The individual percentage contribution from COUNTY and individual 25 CITIES shall be a function of population within the Permit Area. More specifically, such 26 27 contribution shall be calculated as the population of COUNTY or individual CITIES, divided by 28 the total population of all the Co-Permittees multiplied by 50, i.e.,: - 8 - 1 135930 2 Contribution (%) = 50(x„/xtot) 3 X„ = population of COUNTY or individual CITIES Xtot = total population of COUNTY and CITIES in 4 the Santa Ma Region 5 50 = total percentage excluding DISTRICT portion 6 The population of COUNTY and CITIES will be based on the latest 7 California State Department of Finance population figures issued in May of each year. 8 The total shared cost of consultant services shall not exceed $1,000,000.00 9 annually. 10 COUNTY and CITIES shall be notified of DISTRICT'S request for 11 12 proposals from consultants, selection of a consultant, consultant's fee, and contract timetable and 13 payment schedule through the TAC. 14 COUNTY and CITIES shall pay to DISTRICT their share of the shared 15 costs within 60 calendar days of receipt of an invoice from DISTRICT. 16 In the event that a subset of the COUNTY or CITIES require the services of 17 a consultant or consultants to prepare manuals, develop programs, implement programs, engage 18 legal counsel, perform studies or any work to satisfy sub-regional permit requirements, the costs 19 20 of said consultant services shall be shared by the involved parties, in such a manner as approved 21 by the involved parties. The involved parties may utilize this Agreement to hire a consultant. 22 Tasks performed consistent to this paragraph shall not be subject to the total shared cost limit of 23 $1,000,000 for area-wide programs. 24 5. Term of the Agreement. The term of this Agreement shall commence on 25 the date the last duly authorized representative of DISTRICT, COUNTY or CITIES executed it. 26 27 The term of the Agreement shall continue to eighteen (18) months after the date that RWQCB- 28 SAR issues a new NPDES Permit in replacement of the existing NPDES Permit (Order No. R8- - 9 - 1 135930 2 2010-0033, NPDES No. CAS 618033) issued on January 29, 2010, unless each of the Co- 3 Permittees either amends this agreement or withdraws in accordance with the terms of this 4 5 Agreement. 6 6. Additional Parties. Any City which incorporates after the date of issuance 7 of the NPDES Permit and/or after the date of execution of this Agreement may file a written 8 request with DISTRICT asking to be added as a party. Upon receipt of such a request, 9 DISTRICT shall solicit the approval or denial of each Co-Permittee. If a majority of the Co- 10 Permittees, each having one, co-equal vote, approves the addition of the City, DISTRICT, on 11 behalf of the Co-Permittees, will ask RWQCB-SAR to add the City to the NPDES Permit as an 12 13 additional Co-Permittee. Once the City is made an additional Co-Permittee to the NPDES 14 Permit, this Agreement shall be amended to reflect the addition, and the City shall, thereafter, 15 comply with all provisions of the NPDES Permit and this Agreement. Upon execution of the 16 amended Agreement, the City shall be responsible for the shared costs discussed in Section 4 of 17 this Agreement for the current and any subsequent budget year. 18 7. Withdrawal from the Agreement. Any party may withdraw from this 19 20 Agreement 60 calendar days after giving written notice to DISTRICT and RWQCB-SAR. The 21 withdrawing party shall agree in such notice to file for a separate NPDES Permit and to comply 22 with all of the requirements established by RWQCB-SAR. In addition, withdrawal shall 23 constitute forfeiture of all of the withdrawing party's share of the costs paid described in Section 24 4 of this Agreement for that fiscal year. The withdrawing party shall be responsible for all 25 lawfully assessed penalties as a consequence of withdrawal. The cost allocations to the 26 remaining parties will be recalculated in the following budget year. 27 28 8. Non-compliance with Permit Requirements. Any party found in non- - 10 - 1 135930 2 compliance with the conditions of the NPDES Permit within its jurisdictional boundaries shall 3 be solely liable for any lawfully assessed penalties. This Agreement is not intended to and does 4 5 not create any joint and several liability of the parties for such penalties. Common or joint 6 penalties shall be calculated and allocated between the parties according to the formula outlined 7 in Section 4 of this Agreement. 8 9. Amendments to the Agreement. This Agreement may be amended by 9 consent of the parties which represent a majority of the percentage contribution as described in 10 Section 4 of this Agreement. Each party's vote shall be calculated according to the percentage 11 12 contribution of each party as described in Section 4 of this Agreement. No amendment to this 13 Agreement shall be effective unless it is in writing and signed by the duly authorized 14 representatives of the majority of the parties. 15 10. Authorized Signatories. The General Manager-Chief Engineer of 16 DISTRICT, the Chief Executive Officer of COUNTY and the City Managers of CITIES (or 17 their designees) shall be authorized to execute all documents and take all other procedural steps 18 necessary to file for and obtain an NPDES Permit(s) or amendments thereto. 19 20 11. Notices. All notices shall be deemed duly given when delivered by hand; 21 or three (3) days after deposit in the U.S. Mail, postage prepaid. 22 12. Governing Law. This Agreement will be governed and construed in 23 accordance with laws of the State of California. If any provision or provisions of this 24 Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and 25 enforceability of the remaining provisions shall not in any way be affected or impaired hereby. 26 27 13. Consent to Waiver and Breach. No term or provision hereof shall be 28 deemed waived and no breach excused, unless the waiver or breach is consented to in writing, - 11 - 1 135930 2 and signed bythe partyorparties affected. Consent byanypartyto a waiver or breach byany 3 other party shall not constitute consent to any different or subsequent waiver or breach. 4 14. Applicability of Prior Agreements. This Agreement and the exhibits 5 6 attached hereto constitute the entire Agreement between the parties with respect to the subject 7 matter; all prior agreements, representations, statements, negotiations and undertakings are 8 superseded hereby. 9 15. Execution in Counterparts. This Agreement may be executed and delivered 10 in any number of counterparts or copies ("counterpart") by the parties hereto. When each party 11 has signed and delivered at least one counterpart to the other parties hereto, each counterpart 12 13 shall be deemed an original and, taken together, shall constitute one and the same Agreement, 14 which shall be binding and effective as to the parties hereto. 15 // 16 // 17 18 19 20 21 22 23 24 25 26 27 28 - 12 - IN WITNESS WHEREOF,the parties hereto have executed this Agreement on NOV 3 0 2010 (to be filled in by Clerk of the Board) RIVERSIDE COUNTY FLOOD CONTROL RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT By c_S /G 7;74 J By /1/1/(CO-A--0?„ /41-./-1 - A-AL,WARREN 1j ( L„ WARREN D. WILLIAMS MARION ASHLEY, Chairman General Manager-Chief Engineer Riverside County Flood Control and Water Conservation District Board of Supervisors APPROVED AS TO FORM: ATTEST: PAMELA J. WALLS KECIA HARPER-IHEM Co I Counsel Clerk of the Board B '1 By / / VID H.K. HUFF Deputy Deputy County Counsel (SEAL) Agreement-National Pollutant Discharge Elimination System Urban Runoff Discharge Permit Implementation Agreement- Santa Ana Region AM:cw P8/134125 - 13 - NOV 302010 [1,� COUNTY OF RIVERSIDE By7//kC . 4L&Ltaj MARION ASHLEY, Chairman Riverside County Board of Supervisors APPROVED AS TO FORM: ATTEST: PAMELA J. WALLS KECIA HARPER-IHEM Col t Counsel Clerk of the Board By V/ By A.1/ ! I: . A 4 DAVID H.K. HUFF Deputy Deputy County Counsel (SEAL) - 14 - NOV 302010 ID, 11, APPROVED AS TO FORM: CITY OF BEAUMONT By A A . I�' By iC,Y1-yC ii _______ - City �rney Mayor ATT' By r�----�._i /, Lk., City Clerk , AlA ) ir ' (SEAL) - 15 - APPROVED AS TO FORM: CI F CALIMESA By By Lee- City Attorney Ma or ATT ST: ( / ity lerk (SEAL) - 16 - APPROVED AS TO FORM: CITY OF CANYON LAKE By 1 • I 'I t ./0/(rBy City orney Mayor ATTEST: B ' 1 y C erk (SEAL) - 17 - I APP'OVED AS ' 0 FORM:/ CITY OF CORONA By !__ By�/ TIF City A -y •(Yor ATTESj: By 1 wa „1 City - (SEAL) - 18 - APPROVED AS TO ORM: CITY OF : - ..,_ ..V di —41V7 By10 i(iL.4., By ��_"'t � Ci� ttorney � , � Mayor ", ST: IPA 7t - s _1 ispA �= --..,..; • 1 1/ 11 perk 4 - %'_ IS AO - 19 - APPROVE,. T P • '1 : CITY OFy ET By i By ity Attorney � Mayor ATTEST: 13; tk\-/ (Djk0. -01(kae City Clerk (SEAL) -20 - APPReD AS `) FO' f CITY OF LAKE ELSINORE By;J I/LI A,. A.; 4 By C(Attorney Mayor ATTE. • / , By _ —1..0:..., Ar..AL,.....City Clerk / (SEAL) -21 - APPROVED AS TO FO CITY OF MENIFEE By 7/.‘ By04114-- � / , City Ci Attorney Mayor / Y ATTEST: BY *)! I/2 t - City Clerk 4S AL). • -22 - APPROVED AS TO FORM: Cal OF A t RE I V4 LLEY By 14 I By 1 'J�.1 ij, ) I J Al 9, City b o I y Mayor Pro Tem ' ATTEST: By Cit C rk (SEAL) - 23 APPROVED AS TO FORM: C 141k.4116' '4' ETA By By-IIMZ410 City rney Mayor ATTEST: By(1,- City Clerk '7- td (SEAL) - 24 - APPROVED AS TO FORM: CITY OF NORCO B By gslAinb..\-- City Attorney Mayor Pro Tem John Harper Berwin Hanna ATT ' : A A I Adii/_/* i Jerk e �� -nda K. Jaco• (SEAL) -25 - APPROVED AS TO FORM: CI Y •F PE' '. By '-���/q AorAfer / �/1 ,,m�:� .4 By /� �i a/. r�_ aI� � _ City Attorney dor Eric E. Dunn P . yl R. Busch !::.. .----- ---:;--_:. .41 Lei - City f perk V 1 _ Ju -Iaughney, C.M.0 - 26 - . ,„•• .N _____ - 77 - "70 --7 7_ N - . ----- , ,.. APPROVED AS S .01 RM: CITY OF RIVERSIDE BY 4 t NW__ D�9�/�!- r+ L.€l) 1,,t./ (--- -Ci, Attome Mayor ATTEST-: LBy -e./" Januar 21, 2011 City Clerk 4 Datea: Y (SEAL) - 27 - APPROVED AS TO FORM: C Y OF SAN JACO TO B By c.. .�1�. Ci A mey Mayor ATTES T: By ...., City Clerk (SEAL);, -28 - APPROVED AS TO FORM: CITY OF WILDOMAR By 9n By 0 SL /� .r iCity Attoy Mayor ATTEST: BY d• o ity Clerk (SEAL) a -29 - Gil-ti WARREN D. `WILLIAMS 1995 MARKET STREET General Manager-Chief Engineer RIVERSIDE,CA 92501 951.955.1200 FAX 951.788.9965 www.rcflood.org RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT February 23, 2011 Mr. Alan Kapanicas City of Beaumont 550 E. 6th Street Beaumont, CA 92223 Dear Mr. Kapanicas: Re: Final Signed Implementation Agreement for the NPDES MS4 Permit— Santa Ana Region Section III.0 of the 2010 National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit for the Santa Ana Region adopted on January 29, 2010 requires the Permittees to annually review their Implementation Agreement and determine the need, if any, for additional revision. Over the last several months, the District worked with your staff to revise the Implementation Agreement in order to get it approved through your respective Board/City Council. The Implementation Agreement has been signed by all parties and became effective on February 9, 2011. Please find enclosed a fully executed original copy of the referenced Implementation Agreement for your files. If you have any questions regarding this letter, please feel free to contact me at 951.955.1273. Very truly yours, JASON E. UHLEY Chief of Watershed Protection Division ec: Santa Ana MS4 Permittees Enclosure AM:cw P8/135935 ok BEAlo4, City ofBeaumont i...-. 0 010111k . 550 E. 6th Street UZ Beaumont, CA 92223 (951) 769-8520 /4c NOV°18 ' FAX(951) 769-8526 Email:cityhall@ci.bea_innont..caa:s www..ci,beazinolit.ca.us January 5, 2011 Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, CA 92501 RE: Implementation Agreement for NPDES MSS Permit for Santa Ana Region Dear Mr. Uhley: On January 4, 2011, the Beaumont City Council approved the above referenced agreement. Enclosed please find seventeen (17) original copies of the agreement signature page. Upon final execution of this agreement, by all parties, please return one copy to the following address for our file: City of Beaumont ATTN: Shelby Hanvey 550 E. 6th Street Beaumont, CA 92223 If you have any questions or require further information, please feel free to contact us at your convenience. Sincerely, 4) 1 ,4 Shelby Han Deputy City�-rk WARREN D.WILLIAMS 1995 MARKET STREET General Manager-Chief Engineer ,o ' ° RIVERSIDE,CA 92501 951.955.1200 FAX 951.788.9965 www.rcflood.org RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ,/ (.16:v9;‘i November 1, 2010 n0( �� �\ Mr. Alan Kapanicas City of Beaumont 550 E. 61" Street Beaumont, CA 92223 Dear Mr. Kapanicas: Re: Implementation Agreement for NPDES MS4 Permit for Santa Ana Region Section III.0 of the 2010 National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit for the Santa Ana Region adopted on January 29, 2010 requires the Permittees to annually review their Implementation Agreement and determine the need, if any, for additional revision. Over the last several months, the District has been working with your staff to revise the Implementation Agreement to address the following: 1) Inclusion of the cities of Eastvale, Menifee and Wildomar as signatories to the Agreement; 2) Inclusion of language for the preparation and submittal of a yearly budget to the Technical Advisory Committee; 3) Increasing the annual cost share cap to reflect the costs of development of regional programs proposed by the 2010 MS4 Permit; 4) Inclusion of language to allow the Agreement to be used as a platform to hire consultants on behalf of a subset of the Permittees for TMDL purposes;and 5) Inclusion of language to recognize the recent regulatory swap allowing the cities of Murrieta and Wildomar to be solely regulated by the Santa Margarita Region MS4 Permit issued by the San Diego Regional Water Quality Control Board, yet allow for the two cities to continue to participate in this Agreement for the purposes of complying with the Lake Elsinore/Canyon Lake Nutrient TMDL requirements. The draft Implementation Agreement was presented and discussed on May 20, 2010 at the Management Steering Committee (MSC) meeting. The District made minor amendments to the agreement to reflect the changes requested at the May 20, 2010 MSC meeting as well as edits based on comments received from your staff to date. The revised Agreement was further discussed at the October 21,2010 MSC meeting and it was agreed to move forward with formal signature. Mr.Alan Kapanicas -2- November 1, 2010 City of Beaumont Re: Implementation Agreement for NPDES MS4 Permit for Santa Ana Region Attached for your use and appropriate signature is a copy of the Agreement including signature pages for your city. Please sign and return eighteen (18) original copies of the signature page by December 30, 2010. If you have any questions regarding this letter, please feel free to contact me at 951.955.1273. Very truly yours, 1 r C / JASON E. UHLEY Chief of Watershed Protection Division ec: Santa Ana MS4 Permittees AM:cw P8/133993 --'114141111/11 ,--- _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2.1 22 23 24 25 26 27 28 135930 AGREEMENT National Pollutant Discharge Elimination System Urban Runoff Discharge Permit Implementation Agreement Santa Ana Region (Santa Ana Drainage Area) This Agreement, entered into as of this day of �� ✓N�'� , 2011 by the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (herein called DISTRICT), the COUNTY OF RIVERSIDE (herein called COUNTY), and the CITIES OF BEAUMONT, CALIMESA, CANYON LAKE, CORONA, EASTVALE, HEMET, LAKE ELSINORE, MENIFEE, MORENO VALLEY, MURRIETA, NORCO, PERRIS, RIVERSIDE, SAN JACINTO and WILDOMAR, (herein called CITIES), establishes the responsibilities of each party concerning compliance with the National Pollutant Discharge Elimination System ( NPDES) Urban Runoff Discharge Permit ( NPDES Permit) issued by the California Regional Water Quality Control Board - Santa Ana Region pursuant to Order No. R8- 2010 -0033. This Agreement effectively terminates the Implementation Agreement adopted on December 16, 2003. WHEREAS, in 1987 Congress added Section 402(p) to the Federal Clean Water Act (CWA) (33 U.S.C. §1342(p)); and WHEREAS, Section 402(p) of the CWA requires certain municipalities, industrial facilities and persons conducting certain construction activities to obtain an NPDES Permit before discharging stormwater into navigable waters; and WHEREAS, Section 402(p) further requires the Federal Environmental Protection Agency (EPA) to promulgate regulations for NPDES Permit applications; and -1- 1 135930 2 WHEREAS, EPA adopted such regulations in November 1990; and 3 WHEREAS, EPA delegated authority to the California Regional Water Quality 4 5 Control Board -Santa Ana Region (RWQCB -SAR) to administer the NPDES permitting process 6 within the boundaries of that region; and 7 WHEREAS, DISTRICT was created to provide for the control of flood and 8 stormwaters within the County of Riverside and is empowered to investigate, examine, measure, 9 analyze, study and inspect matters pertaining to flood and stormwaters; and 10 WHEREAS, the COUNTY and CITIES have land use authorities and own and 11 12 operate Municipal Separate Storm Sewer System (MS4) facilities; and 13 WHEREAS, on August 30, 2000 DISTRICT, COUNTY and CITIES submitted 14 an NPDES Permit Application for an area -wide NPDES Permit; and 15 WHEREAS, the NPDES Permit Application was submitted in accordance with 16 the previous NPDES Permit (Order No. 96 -30, NPDES No. CA 618033) which expired on 17 March 8, 2001; and 18 WHEREAS, RWQCB -SAR issued a NPDES Permit to DISTRICT, COUNTY 19 20 and CITIES on October 25, 2002; and 21 WHEREAS, on April 27, 2007 DISTRICT, COUNTY and CITIES submitted an 22 NPDES Permit Application for an area -wide NPDES Permit; and 23 WHEREAS, the NPDES Permit Application was submitted in accordance with 24 the previous NPDES Permit (Order No. R8- 2002 -0011, NPDES No. CA 618033) which expired 25 on October 26, 2007; and 26 27 WHEREAS, RWQCB -SAR issued a new NPDES Permit to DISTRICT, 28 ICOUNTY and CITIES on January 29, 2010; and -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 135930 WHEREAS, the NPDES Permit governing municipal stormwater discharges meets both the requirements of Section 402(p)(3)(B) of the CWA and all requirements applicable to an NPDES Permit issued under RWQCB -SARs discretionary authority in accordance with Section 402(a)(1)(B) of the CWA; and WHEREAS, the NPDES Permit designates DISTRICT as the "Principal Permittee ", and COUNTY and CITIES as "Co- Permittees "; and WHEREAS, cooperation between DISTRICT, COUNTY and CITIES in the administration and implementation of the NPDES Permit is in the best interests of DISTRICT, COUNTY and CITIES; and WHEREAS, DISTRICT is willing to share the expertise of its staff with COUNTY and CITIES so that they can join in implementing the requirements of the NPDES Permit; and WHEREAS, the RWQCB -SAR and the RWQCB -San Diego Region are currently contemplating amendments to Order No. R8- 2010 -0033 and pending Order No. R9- 2010 -0016 that would effectively allow MURRIETA and WILDOMAR to be wholly regulated under Order No. R9- 2010 -0016 and MENIFEE to be wholly regulated under Order No. R8- 2010 -0033; and WHEREAS, MURRIETA and WILDOMAR would be subject to the LAKE ELSINORE /CANYON LAKE NUTRIENT TMDL, independent of Order No. R8- 2010 -0033, and therefore may be interested in participating in joint programs developed under this Agreement to address the LAKE ELSINORE/CANYON LAKE NUTRIENT TMDL; and WHEREAS, DISTRICT, COUNTY and CITIES are to perform certain activities prescribed in the NPDES Permit and related to management of the NPDES Permit compliance -3- 1 2 3 41 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 135930 program that will benefit all parties. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Incorporation of the NPDES Permit. The NPDES Permit issued to DISTRICT, COUNTY and CITIES by RWQCB -SAR pursuant to Order No. R8- 2010 -0033 is attached to this Agreement as EXHIBIT A and is hereby incorporated by reference in its entirety and made a part of this Agreement. 2. Delegation of Responsibilities. The responsibilities of each of the parties I shall be as described in the NPDES Permit and reiterated as follows: a. DISTRICT shall assume the responsibilities and meet the requirements of the NPDES Permit by complying with Section III.A (RESPONSIBILITIES OF THE PRINCIPAL PERMITTEE) and: (1) Performing or coordinating all the joint sampling data collection and assessment requirements described in the NPDES Permit MONITORING AND REPORTING PROGRAM. (2) Performing all of the joint reporting requirements described in the NPDES Permit MONITORING AND REPORTING PROGRAM. With respect to such joint reporting requirements, the DISTRICT shall specifically: (a) Prepare the required narrative for all joint reports; and (b) Provide COUNTY and CITIES an opportunity to review and comment on any such narrative. The cost for implementing the requirements of the joint activities shall be jointly funded as shared costs as described in paragraphs 3 Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 135930 and 4 of this Agreement. b. DISTRICT, at no cost to COUNTY and CITIES, shall assume the responsibilities and meet the requirements of the NPDES Permit by: (1) Complying with Section III.A (RESPONSIBILITIES OF THE PRINCIPAL PERMITTEE). (2) Complying with Sections IV (LOCAL IMPLEMENTATION PLAN), V (DISCHARGE PROHIBITIONS), VI (EFFLUENT LIMITATIONS, DISCHARGE SPECIFICATIONS AND OTHER TMDL RELATED REQUIREMENTS), VII (RECEIVING WATER LIMITATIONS), VIII (LEGAL AUTHORITY /ENFORCEMENT), IX (ILLICIT CONNECTIONS /ILLEGAL DISCHARGES (IC /ID); LITTER, DEBRIS AND TRASH CONTROL) , X (SEWAGE SPILLS, INFILTRATION INTO THE MS4 SYSTEMS FROM LEAKING SANITARY SEWER LINES, SEPTIC SYSTEM FAILURES AND PORTABLE TOILET DISCHARGES) , XII (NEW DEVELOPMENT (INCLUDING SIGNIFICANT REDEVELOPMENT)), XIII (PUBLIC EDUCATION AND OUTREACH), XIV (PERMITTEE FACILITIES AND ACTIVITIES), XV (TRAINING PROGRAM FOR STORMWATER MANAGERS, PLANNERS, INSPECTORS AND MUNICIPAL CONTRACTORS), XVI (NOTIFICATION -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 135930 REQUIREMENTS), XVII (PROGRAM MANAGEMENT ASSESSMENT /DAMP REVIEW), XVIII (FISCAL RESOURCES), XIX (MONITORING AND REPORTING PROGRAM), XX (PROVISIONS), XXI (PERMIT MODIFICATION), XXII (PERMIT EXPIRATION AND RENEWAL) as they pertain to DISTRICT facilities and operations. C. COUNTY and CITIES shall, at no cost to DISTRICT, assume the responsibilities and meet the requirements of the NPDES Permit for land area and facilities within their individual jurisdictions by: (1) Complying with Section III.B (RESPONSIBILITIES OF THE CO- PERMITTEES). (2) Complying with Sections IV (LOCAL IMPLEMENTATION PLAN), V (DISCHARGE PROHIBITIONS), VI (EFFLUENT LIMITATIONS, DISCHARGE SPECIFICATIONS AND OTHER TMDL RELATED REQUIREMENTS), VII (RECEIVING WATER LIMITATIONS), VIII (LEGAL AUTHORITY /ENFORCEMENT), IX (ILLICIT CONNECTIONS /ILLEGAL DISCHARGES (IC /ID); LITTER, DEBRIS AND TRASH CONTROL), X (SEWAGE SPILLS, INFILTRATION INTO THE MS4 SYSTEMS FROM LEAKING SANITARY SEWER LINES, SEPTIC SYSTEM FAILURES, AND PORTABLE TOILET DISCHARGES), XI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 135930 (CO- PERMITTEE INSPECTION PROGRAMS), XII (NEW DEVELOPMENT (INCLUDING SIGNIFICANT REDEVELOPMENT)), XIII (PUBLIC EDUCATION AND OUTREACH), XIV ( PERMITTEE FACILITIES AND ACTIVITIES), XV (TRAINING PROGRAM FOR STORMWATER MANAGERS, PLANNERS, INSPECTORS AND MUNICIPAL CONTRACTORS), XVI (NOTIFICATION REQUIREMENTS), XVII (PROGRAM MANAGEMENT ASSESSMENT/DAMP REVIEW), XVIII (FISCAL RESOURCES), XIX (MONITORING AND REPORTING PROGRAM), XX (PROVISIONS), XXI (PERMIT MODIFICATION), XXII (PERMIT EXPIRATION AND RENEWAL) as they pertain to COUNTY and CITIES facilities and operations. (3) Demonstrating compliance with all NPDES Permit requirements through timely implementation of the approved Drainage Area Management Plan (DAMP) and any approved modifications, revisions, or amendments thereto. (4) Providing to DISTRICT (on DISTRICT approved forms) all information needed to satisfy the reporting requirements described in the NPDES Permit MONITORING AND REPORTING PROGRAM. The COUNTY and CITIES shall specifically: -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 135930 (a) Provide information on existing stormwater facilities and /or other data as it pertains to COUNTY or CITIES facilities when requested by DISTRICT. (b) Submit their individual reports to DISTRICT for incorporation into DISTRICT'S narrative no later than November 1 of each year. 3. Budgets. On or before January 15 of each year, the DISTRICT shall prepare and submit a budget for the next fiscal year to the Santa Ana/Santa Margarita Technical Advisory Committee (TAC). The budget shall include anticipated costs and fees for District services or consultant services to prepare manuals, develop programs, implement programs, engage legal counsel on behalf of the Permittees or perform studies relevant to the entire Permit Area. Once consensus has been reached amongst the TAC, the budget will be submitted to the Management Steering Committee. 4. Shared Costs. In the event DISTRICT requires the services of a consultant or consultants to prepare manuals, develop programs or perform studies relevant to the entire Permit Area, the cost of said consultant services will be shared by DISTRICT, COUNTY and CITIES. The shared costs shall be allocated as follows: Party DISTRICT COUNTY & CITIES Percentage Contribution 50 50 The individual percentage contribution from COUNTY and individual CITIES shall be a function of population within the Permit Area. More specifically, such contribution shall be calculated as the population of COUNTY or individual CITIES, divided by the total population of all the Co- Permittees multiplied by 50, i.e.,: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Contribution ( %) Xn Xtot 50 The population of 135930 50(Xn/Xtot) population of COUNTY or individual CITIES total population of COUNTY and CITIES in the Santa Ana Region total percentage excluding DISTRICT portion COUNTY and CITIES will be based on the latest California State Department of Finance population figures issued in May of each year. annually. The total shared cost of consultant services shall not exceed $1,000,000.00 COUNTY and CITIES shall be notified of DISTRICT'S request for proposals from consultants, selection of a consultant, consultant's fee, and contract timetable and payment schedule through the TAC. COUNTY and CITIES shall pay to DISTRICT their share of the shared costs within 60 calendar days of receipt of an invoice from DISTRICT. In the event that a subset of the COUNTY or CITIES require the services of a consultant or consultants to prepare manuals, develop programs, implement programs, engage legal counsel, perform studies or any work to satisfy sub - regional permit requirements, the costs of said consultant services shall be shared by the involved parties, in such a manner as approved by the involved parties. The involved parties may utilize this Agreement to hire a consultant. Tasks performed consistent to this paragraph shall not be subject to the total shared cost limit of $1,000,000 for area -wide programs. 5. Term of the Agreement. The term of this Agreement shall commence on the date the last duly authorized representative of DISTRICT, COUNTY or CITIES executed it. The term of the Agreement shall continue to eighteen (18) months after the date that RWQCB- SAR issues a new NPDES Permit in replacement of the existing NPDES Permit (Order No. R8- 1 2 3 4 5 6 7 8 9. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 135930 2010 -0033, NPDES No. CAS 618033) issued on January 29, 2010, unless each of the Co- Permittees either amends this agreement or withdraws in accordance with the terms of this Agreement. 6. Additional Parties. Any City which incorporates after the date of issuance of the NPDES Permit and /or after the date of execution of this Agreement may file a written request with DISTRICT asking to be added as a party. Upon receipt of such a request, DISTRICT shall solicit the approval or denial of each Co- Permittee. If a majority of the Co- Permittees, each having one, co -equal vote, approves the addition of the City, DISTRICT, on behalf of the Co- Permittees, will ask RWQCB -SAR to add the City to the NPDES Permit as an additional Co- Permittee. Once the City is made an additional Co- Permittee to the NPDES Permit, this Agreement shall be amended to reflect the addition, and the City shall, thereafter, comply with all provisions of the NPDES Permit and this Agreement. Upon execution of the amended Agreement, the City shall be responsible for the shared costs discussed in Section 4 of this Agreement for the current and any subsequent budget year. 7. Withdrawal from the Agreement. Any party may withdraw from this Agreement 60 calendar days after giving written notice to DISTRICT and RWQCB -SAR. The withdrawing party shall agree in such notice to file for a separate NPDES Permit and to comply with all of the requirements established by RWQCB -SAR. In addition, withdrawal shall constitute forfeiture of all of the withdrawing party's share of the costs paid described in Section 4 of this Agreement for that fiscal year. The withdrawing party shall be responsible for all lawfully assessed penalties as a consequence of withdrawal. The cost allocations to the remaining parties will be recalculated in the following budget year. 8. Non - compliance with Permit Requirements. Any party found in non- -10- 1 2 3 4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 135930 compliance with the conditions of the NPDES Permit within its jurisdictional boundaries shall be solely liable for any lawfully assessed penalties. This Agreement is not intended to and does not create any joint and several liability of the parties for such penalties. Common or joint penalties shall be calculated and allocated between the parties according to the formula outlined I in Section 4 of this Agreement. 9. Amendments to the Agreement. This Agreement may be amended by consent of the parties which represent a majority of the percentage contribution as described in Section 4 of this Agreement. Each party's vote shall be calculated according to the percentage contribution of each party as described in Section 4 of this Agreement. No amendment to this Agreement shall be effective unless it is in writing and signed by the duly authorized representatives of the majority of the parties. 10. Authorized Signatories. The General Manager -Chief Engineer of DISTRICT, the Chief Executive Officer of COUNTY and the City Managers of CITIES (or their designees) shall be authorized to execute all documents and take all other procedural steps necessary to file for and obtain an NPDES Permit(s) or amendments thereto. 11. Notices. All notices shall be deemed duly given when delivered by hand; or three (3) days after deposit in the U.S. Mail, postage prepaid. 12. Governing Law. This Agreement will be governed and construed in accordance with laws of the State of California. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. 13. Consent to Waiver and Breach. No term or provision hereof shall be deemed waived and no breach excused, unless the waiver or breach is consented to in writing, - 11 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 135930 and signed by the party or parties affected. Consent by any party to a waiver or breach by any other party shall not constitute consent to any different or subsequent waiver or breach. 14. Applicability of Prior Agreements. This Agreement and the exhibits 11 attached hereto constitute the entire Agreement between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations and undertakings are superseded hereby. 15. Execution in Counterparts. This Agreement may be executed and delivered in any number of counterparts or copies ( "counterpart") by the parties hereto. When each party has signed and delivered at least one counterpart to the other parties hereto, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the parties hereto. VIA I -12- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on NOV 3 0 2010 (to be filled in by Clerk of the Board) RECOMMENDED FOR APPROVAL: By WARREN D. WILLIAMS General Manager -Chief Engineer APPROVED AS TO FORM: PAMELA J. WALLS Cou Counsel B 4 _ VID H.K. HUFF Deputy County Counsel RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By /JA4 a-L,� 6--z-� MARION ASHLEY, Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: KECIA HARPER -IIIEM Clerk of the Board By Deputy (SEAL) Agreement — National Pollutant Discharge Elimination System Urban Runoff Discharge Permit Implementation Agreement — Santa Ana Region AM:cw P8/134125 - 13 - NOV 3 0 2010 [1,?� APPROVED AS TO FORM: PAMELA J. WALLS Co u Counsel B Y //' ) DAVID H.K. HUFF Deputy County Counsel COUNTY OF RIVERSIDE By MARION ASHLEY, Chairman Riverside County Board of Supervisors ATTEST: KECIA HARPER -IHEM Clerk of the Board By 4P &hWL'— Deputy Ll (SEAL) - 14 - NOV 10 2010 �, I D, l l , �? APPROVED AS TO FORM: By c Al By c (SEAL) -15- CITY OF BEAUMONT By Mayor APPROVED AS TO FORM: City Attorney ATT ST: B Crty Jerk (SEAL) CITY --fOF CALIMESA ByC ,-2t Mayor Well APPROVED AS TO FORM: B MA City Atfomey ATTEST: 1 y C erk (SEAL) CITY OF CANYON LAKE' By��'� Mayor -17- APP OVED AS O FORM: By )K"- , City A to y ATTES By -& A4a7 City (SEAL) CITY OF CORONA By� yor APPROVED AS TO-501 O CITY OF - - -- 7 J By By Ci Attorney Mayor AT ST: BY C Clerk (SEAT_,) 4111t 9t&!z APPROVE T By ity Attorney ATTEST: City Clerk (SEAL) CITY OF H ET By Mayor -20- APPR Y D AS FO C Attorney ATTE By City Clerk (SEAL) CITY OF LAKE ELSINORE By Mayor -21- APPROVED AS TO FO By City Attorney ATTEST: ByG,��'� City Clerk (SEAL) CITY OF MENIFEE By �� �t� A Mayor -22- APPROVED AS TO FORM: By ot� "Ij City A to y ATTEST: By Cit C rk (SEAL) C OF RE V I,� EY By 49P z6f Mayor Pro Tem 0) -23- APPROVED AS TO FORM: By i �ivuc City torney All By City Clerk (a-1 -v�c� (SEAL) CI V,IETA By.... Mayor -24- APPROVED AS TO FORM: By. City Attorney John Harper WATT i 7::B)h�da lerk K. Jaco (SEAL) -25- CITY OF NORCO Mayor Pro Tem Berwin Hanna APPROVED AS TO FORM: By B; City Attorney Eric E. Dunn ATTEST: By_ City Jerk r Judy L. Haughney, C.M.0 (SEAL) wom APPROVED AS TO FORM: CITY OF RIVERSIDE ` By �-- Ci Attorney Mayor ATTEST: r BY January 21, 2011 City Clerk ! l�atec�: — (SEAL) -27- APPROVED AS TO FORM: B Iy m y Ci y A e ATTEjjSST�T: I 0---, By (J hz4,c0b City Clerk (SEAL:) C Y OF SAN JAC TO By Mayor -28- APPROVED AS TO FORM: By City Attot ey I- ATTEST: By, ity Clerk (SEAL) -29- CITY OF WILDOMAR Byl c�,� Mayor WARREN P. `1VILLIAMS General Manager -Chief Engineer Mr. Alan Kapanicas City of Beaumont 550 E. 6t" Street Beaumont, CA 92223 Dear Mr. Kapanicas: �pUNTY F(00 Z9 o S� c��sfRVASXDa� RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT February 23, 2011 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 FAX 951.788.9965 www.rcflood.org Re: Final Signed Implementation Agreement for the NPDES MS4 Permit — Santa Ana Region Section III.0 of the 2010 National Pollutant Discharge Elimination System ( NPDES) Municipal Separate Storm Sewer System (MS4) Permit for the Santa Ana Region adopted on January 29, 2010 requires the Permittees to annually review their Implementation Agreement and determine the need, if any, for additional revision. Over the last several months, the District worked with your staff to revise the Implementation Agreement in order to get it approved through your respective Board /City Council. The Implementation Agreement has been signed by all parties and became effective on February 9, 2011. Please find enclosed a fully executed original copy of the referenced Implementation Agreement for your files. If you have any questions regarding this letter, please feel free to contact me at 951.955.1273. Very truly yours, JASON E. UHLEY Chief of Watershed Protection Division ec: Santa Ana MS4 Permittees Enclosure AM:cw P8/135935 January 5, 2011 City of Beaumont 550 E. Grit Srr cr Beallillollr, CA 92223 (951) 7694520 FAX (951) 7G9 -S52(, Email: cir)41a11 1 ci.lwamilollr arms WlA/V'v CI, i7Ct71111l011 C al, its Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, CA 92501 RE: Implementation Agreement for NPDES MSS Permit for Santa Ana Region Dear Mr. Uhley: On January 4, 2011, the Beaumont City Council approved the above referenced agreement. Enclosed please find seventeen (17) original copies of the agreement signature page. Upon final execution of this agreement, by all parties, please return one copy to the following address for our file: City of Beaumont ATTN: Shelby Hanvey 550 E. 6t' Street Beaumont, CA 92223 If you have any questions or require further information, please feel free to contact us at your convenience. Sincerely, Shelby Ha y Deputy City C rk WARREN D. WILLIAMS 1995 MARKFI TSIRFET <�encral Manager -Chief i:n�incrr ��' RIVEASIDF., CA 92501 95'1.955.1200 FAX 951.738.9965 xN ww.rcflood.or- RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT November 1, 2010 00�' �.. Mr. Alan Kapanicas City of Beaumont 550 E. 6'I' Street Beaumont, CA 92223 Dear Mr. Kapanicas: Re: Implementation Agreement for NPDES MS4 Permit for Santa Ana Region Section III.0 of the 2010 National Pollutant Discharge Elimination System ( NPDES) Municipal Separate Storm Sewer System (MS4) Permit for the Santa Ana Region adopted on January 29, 2010 requires the Permittees to annually review their Implementation Agreement and determine the need, if any, for additional revision. Over the last several months, the District has been working with your staff to revise the Implementation Agreement to address the following: 1) Inclusion of the cities of Eastvale, Menifee and Wildomar as signatories to the Agreement; 2) Inclusion of language for the preparation and submittal of a yearly budget to the Technical Advisory Committee; 3) Increasing the annual cost share cap to reflect the costs of development of regional programs proposed by the 2010 MS4 Permit; 4) Inclusion of language to allow the Agreement to be used as a platform to hire consultants on behalf of a subset of the Permittees for TMDL purposes; and 5) Inclusion of language to recognize the recent regulatory swap allowing the cities of Murrieta and Wildomar to be solely regulated by the Santa Margarita Region MS4 Permit issued by the San Diego Regional Water Quality Control Board, yet allow for the two cities to continue to participate in this Agreement for the purposes of complying with the Lake Elsinore /Canyon Lake Nutrient "I'MDI, requirements. The draft Implementation Agreement was presented and discussed on May 20, 2010 at the Management Steering Committee (MSG) meeting. The District made minor amendments to the agreement to reflect the changes requested at the May 20, 2010 MSC meeting as well as edits based on comments received from your staff to date. The revised Agreement was further discussed at the October 21. 2010 MSC meeting and it was agreed to move forward with formal signature. Mr. Alan Kapanicas -2- November 1, 2010 City of Beaumont Re: Implementation Agreement for NPDES MS4 Permit for Santa Ana Region Attached for your use and appropriate signature is a copy of the Agreement including signature pages for your city. Please sign and return eighteen (18) original copies of the signature page by December 30, 2010. If you have any questions regarding this letter, please feel free to contact me at 951.955.1273. Very truly yours, JASON E. UHLEY Chief of Watershed Protection Division cc: Santa Ana MS4 Permittees AM:cw 118/133993