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HomeMy WebLinkAbout2011-11-08 - Regional Vactor Waste Facility - Interlocal Agreements Generala MEMORANDUM OF UNDERSTANDING between CHELAN COUNTY, DOUGLAS COUNTY, THE CITY OF EAST WENATCHEE AND THE CITY OF WENATCHEE This Memorandum of Understanding is entered into by and between the City of Wenatchee ("Wenatchee") and Chelan County, Douglas County, and the City of East Wenatchee ("East Wenatchee"), collectively the "Parties" and pertains to the Fiscal Year 2012 Statewide Stormwater Grant Program Application for the Wenatchee Regional Vactor Waste Facilih,. PURPOSE The purpose of this Memorandum of Understanding between Wenatchee, Chelan County, Douglas County and East Wenatchee is to support the Fiscal Year 2012 Statewide Stormwater Grant Program application for the project titled "Wenatchee Regional Vactor Waste Facility" that will be submitted by Wenatchee on behalf of the Parties on or before November 18, 2011 to the Washington State Department of Ecology. RECITALS -BACKGROUND A. The Federal Clean Water Act, 33 U.S.C. § 1251 ct seq. and the Phase II Stormwater Final Rule promulgated by the U.S. Environmental Protection Agency ("EPA") require the operators of certain small municipal separate stormwater sewer systems to obtain National Pollutant Discharge Elimination System ("NPDES") permit coverage; B. In Washington State, the EPA has delegated authority for the Federal Clean Water Act, including development and administration of the Phase II municipal stormwater management program, to the Washington State Department of Ecology ("Ecology"); C. Douglas County, Chelan County, Wenatchee and East Wenatchee have applied for coverage under the Phase II Municipal Siorrriwater Permit; D. On January 17, 2007, Ecology issued the Eastern Washington Phase 11 Municipal Stormwater Permit (Permit Effective Date: February 16, 2007, Permit Expiration Date: February 15, 2012); E. Douglas County, Chelan County, Wenatchee and East Wenatchee entered into a MEMORANDUM OF UNDERSTANDINNG FOR STORM WATER MANAGEMENT PLANTNING in January 2004, under which Douglas County, Chelan County, Wenatchee and East Wenatchee have been participating in the pub4c process related to the development and issuance of the Phase 11 NPDES Stormwater Permit; Fiscal Year 2012 Statewide Stormwater Grant Program MOU Final Version: 10/31/2011 Page 1 v F. The Phase 11 Stormwater Permit requires municipalities subject to its terms to have a Stormwater management program that contains the following minimum elements: Public education and outreach, public involvement and participation, illicit discharge detection and elimination, construction site stormwater control, post -construction stormwater management. pollution prevention and good housekeeping for municipal operations. Total Maximum Daily Load requirements. and program compliance evaluation, G. Under the Fiscal Year 2012 Statewide Stormwater Grant Program, Ecology will fund selected eligible stormwater projects, including installation of accepted Low -Impact Development techniques and new or retrofit construction of a Factor Waste Facility; H. Wenatchee will be submitting a grant application to Ecology on behalf of the Parties for the following project: Wenatchee Regional Vactor Waste Fagility; 1. The Parties wish to continue their cooperative approach to complying with state and federal standards for stormwater management. AGREEMENT NOW, THEREFORE, in light of the foregoing Purpose, Recitals and Background, Wenatchee and the Parties hereby agree as follows: 1. Wenatchee shall be the lead agency for the purposes of the grant application referenced in this Memorandum of Understanding. 2. Contingent upon successful award of the grant, the Parties will work cooperatively to develop an Inter Local Agreement to receive the grant and move forward with the project. 1 This Memorandum of Understanding establishes the cooperative and collaborative desire of the Parties to submit a grant application for the Wenatchee Regional Vactor Waste Facility project. This Memorandum of Understanding is meant to guide the parities as they move forward. It is not intended as a legally enforceable contract and no suit may be brought for its alleged breach. Fiscal Year 2012 Statewide Stormwater Grant Program MOU Final Version: 10/31/2011 Page 2 SIGNATURE PAGE 1 of 4 : Ado ted�UUC'r+l Pr gU I p ! CITY OF EAST WENATCH'Ef Date ATTEST: f� City Clerk Date APP VED AS TO FO 4ty,4ttorney Date C. Lacy, Mayor v Fiscal Year 2012 Statewide Storinwater Grant Program MOU Final Version:10/31/2011 Page 3 SIGNATURE PAGE 2 of 4 Adopted:. , ° S\oIAERS 0 Al AP OVED AS TO FORM: W A 'A AA *IWA &� Pros cuting Attorney 1\ Date DOUGLAS COUNTY BOARD OF COUNTY COMMISSIONERS Dale Snyder, Qiair Ken Sta Steve Jenkins, 9kAft—ct Member Date M Fiscal Year 2012 Statewide Stormwater Grant Program MOU Final Version: 10/31/2011 Page 4 SIGNATURE PAGE 3 Of 4 Adopted: tj ov - t o l !1 D j_ / _ ATTEST: DTammyStanggeP, City Clerk 1 l-10-t 1 Date tit l O R ey Date CITY OF WeraATc�� Denni�Johnsonayor /f-/0-tI Date Fiscal Year 2012 Statewide Stormwater Grant Program MOU s Final Version: 10/31/2011 Fa.-e 5 SIGNATURE PAGE^4 of 4 j Adopted: a,_ +O W/ ATTEST SALLY TA LO Clerk of the Board //%r Date AP 04 F, AS "I O F ros uting Ai orney /r. Z - ZVO Date 4 CHELAN COUNTY BOARD OF COUNTY COMMISSIONERS RON �ALT,yr•a$SiprC�' ---kEITH W. QO HNE&.�nmiaetoner DOU� ENGOAND, ; f�.i v MQ Fiscal Year 2012 Statewide Storm,6vater Grant Program MQU Final Version: 10/31/2011 Page 6