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Home My WebLink About2005-11-08 - Joint Stormwater management - Interlocal Agreements General (2)f 3092253 Page: i of 7 11/29/2005 08:21A T & LS AGR 0.00 Douglas County INTERLOCAL AGREEMENT FOR DEVELOPMENT AND IMPLEMENTATION OF PROJECTS RELATED TO REGIONAL STORMWATER MANAGEMENT AND PLANNING This agreement ("Agreement") is made and entered between Douglas County, Chelan County, the City of Wenatchee ("Wenatchee") and the City of East Wenatchee ("East Wenatchee"), collectively the "Parties". WHEREAS, Chapter 39.34 RCW provides for the formation of interlocal agreements that enable local governments to effectively cooperate with each other to the benefit of local communities; WHEREAS, the Federal Clean Water Act, 33 U.S.C. § 1251 et 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 sewage systems ("MS4s") to obtain National Pollutant Discharge Elimination System ("NPDES") permit coverage; WHEREAS, 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"); WHEREAS, Ecology expects to issue the final NPDES Phase II Stormwater Permit for Eastern Washington ("Phase II Stormwater Permit") in June 2006; WHEREAS, Ecology has determined Douglas County, Chelan County, Wenatchee and East Wenatchee must apply for coverage under the Phase II Stormwater Permit; WHEREAS, the Douglas County, Chelan County, Wenatchee and East Wenatchee applied to Ecology for coverage under the Phase II Stormwater Permit on March 10, 2003; WHEREAS, the Douglas County, Chelan County, Wenatchee and East Wenatchee entered into a MEMORANDUM OF UNDERSTANDING FOR STORM WATER MANAGEMENT PLANNING in January 2004, under which Douglas County, Chelan County, Wenatchee and East Wenatchee have been participating in the public process related to development and issuance of the Phase II NPDES Stormwater Permit. WHEREAS, the Phase II 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, Stormwater Grant Interlocal Agreement -1— Version: 11/3/05 II�INIVIIII��I�MYIII�I�WNIII�IY3092�5==, pollution prevention and good housekeeping for municipal operations , Total Maximum Daily Loads ("TDMLs") requirements, and program compliance evaluation, WHEREAS, Ecology has established the Fiscal Year 2006 Phase II Municipal Stormwater Grants Program ("Stormwater Grants Program") to provide funds to help local communities meet the Phase II Stormwater requirements; WHEREAS, under the Stormwater Grants Program, Ecology will fund selected municipalities' eligible stormwater projects, including projects related to public education, information and communication; review of existing and model stormwater programs; establishing and refining stormwater utilities; conducting stormwater inventories; mapping stormwater sources; source control activities; development and adoption of stormwater ordinances and completing detailed stormwater plans; WHEREAS, under the Stormwater Grants Program, there are special partnership set -aside grant provisions under which Ecology may make a special grant to a group of municipalities who enter into a partnership through an interlocal agreement ("Special Partnership Grant"); and WHEREAS, the Parties wish to continue their cooperative approach to complying with state and federal standards for handling stormwater by securing a Special Partnership Grant for their regional stormwater projects. NOW, THEREFORE, the Parties hereby agree as follows- 1. The purpose of this Agreement is to establish the Parties' responsibilities for the development and implementation of regional stormwater management planning projects that receive funding under a Special Partnership Grant (The "Projects"). 2. Douglas County shall be the lead agency for the purposes of this Agreement. 3. The Parties will cooperate with each other and Ecology to negotiate the terms of the financial assistance agreement required by the Stormwater Grants Program. Douglas County will execute and administer the financial assistance agreement with Ecology when approved by the Parties. 4. The Parties will work together to accomplish the regional activities: a. The Parties will cooperatively develop a scope of work for each Project and will cooperatively select any consultant chosen to accomplish the regional activities. b. The consultant will contract with the Parties for the accomplishment of the regional activities when approved by the Parties. Stormwater Grant lnterlocal Agreement -2— Version: 1113105 . 3092253 Page: 3 of 7 11/29/2005 08:21A t & L5 ASR 0.00 Douglas County 5. The Projects shall be funded by the Special Partnership Grant only. Each Party shall otherwise bear its own costs in carrying out this Agreement. 6. This Agreement does not create any separate legal or administrative entity. 7. This Agreement is effective upon signature by all the Parties and shall remain in effect through the first permit cycle unless terminated earlier pursuant to its terms. S. Any Party may withdraw from the Agreement upon thirty (30) days' written notice to the other Parties. 9. This Agreement shall terminate if Ecology fails to make a Special Partnership Grant to the Parties and upon the withdrawal of a least three (3) of the Parties, or by mutual written agreement of all Parties. Stonnwater Grant Interlocal Agreement -3— Version: 11/3/05 SIGNATURE PAGES Approved by Council: I I • ? • 0S ATTEST: IIIyot' Date APPROVED AS TO FORM; *CiMey ///� ( /05 Date Stormwater Grant Interlocal Agreement Version: 11 /3/05 3092253 Page: 4 of 7 11/29/2005 08:21A T & LS AGR 0.99 Douglas County CITY OF EAST WENATCHEE - 4 --- Date Adopted: W' ATTEST: Clerk e Board Date APPROVED AS TO FORM, kY,I 1. , ma -m-� . oWb,5 Date Stormwater Grua Interlocal Agreement Version: 11/3/05 3092253 Page: 5 of 7 11/29/2005 08:21A T & LS AGR 0.00 Douglas County DOUGLAS COUNTY -5— BOARD OF COUNTY COMMISSIONERS Ken Sta o , Chair Dane Keane, M m er ell — Date 3092253 Page: 6 of 7 11/29/2005 08:21A T & L5 AGR 0.00 Douglas County Adopted: �/ C S CITY OF WENATCHEE Dennis 7ohnso Mayor Date ATTEST: i t City Clerk // //,-/) ln6- Date APPROVED AS TO FORM; Ci orney 11 Date Stormwater Grant Interlocal Agreement Version: 11/3/05 Adopted: i i b fo,� U� �ts81°"r$Rs CP �POn S 9i ATTEST: JANET K. MERZ dwi(ONMOnz Clerk o I the Boar APPROVED AS TO FORM; N. CHYRNAK Prosecuting Attorney OS� Date Stormwater Grant Interlocal Agreement Version: 11/3/05 3092253 Page: 7 of 7 11/29/2005 08:21A 7 8 LS AGR 0.00 Douglas County CHELAN COUNTY BOARD OF COUNTY COMMISSIONERS 7— RON WALTER, Chairman -IS-0-0 1�� BUELL HAWKINS, Commissioner KEITH W. GOEHNER, Commissioner