HomeMy WebLinkAboutContract 44019 (2)MEMORANDUM OF AGREEMENT
FOR
VEHICLE IDLING LIMITATIONS
I. PARTIES
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This Memorandum of Agreement (MOA) is entered into between the Texas
Commission on Environmental Quality (TCEQ) and the local government signing this
agreement (Local Government), collectively the "Parties."
1. The Parties represent that they have the authority to enter into this MOA,
including the authority granted in the Texas Government Code Chapter 791
Interlocal Cooperation Contracts.
2. The TCEQ has authority under Section 5.229 of the Texas Water Code and
Section 382.033 of the Texas Health and Safety Code to enter into this MOA.
3. The Local Government has authority under Section 382.115 of the Texas Health
and Safety Code to enter into this MOA.
II. INTENT AND PURPOSE
The intent of this MOA is to memorialize the agreement between the Parties to
implement the following rules aimed at the control of air pollution from motor vehicles:
3o Texas Administrative Code (TAC) Chapter 114, Control of Air Pollution from Motor
Vehicles, Subchapter J, Operation Controls for Motor Vehicles, Division 2, Locally
Enforced Motor Vehicle Idling Limitations, Sections 114.510 — 114.512 and 114.517.
The parties enter into this MOA for the purpose of delegating rule enforcement
from the TCEQ to the Local Government and potentially incorporating the emission
reductions resulting from the implementation and enforcement of the above -referenced
rules into the State Implementation Plan (SIP).
III. DEFINITIONS
As used in this MOA the following terms have the meanings given below:
1. EPA shall mean the United States Environmental Protection Agency.
2. TCEQ shall mean the Texas Commission on Environmental Quality.
3. Local Government has the meaning assigned by 30 TAC Section 114.510.
4. SIP shall refer to the Texas State Implementation Plan.
IV. BACKGROUND
On November 17, 2004, the TCEQ adopted rules concerning locally enforced
motor vehicle idling limitations, which are applicable only within the jurisdiction of a
Local Government that has signed an MOA with the TCEQ delegating enforcement of
the rules. The EPA approved the rules in the April 11, 2005, Federal Register (yo FR
18308). The rules became effective June 10, 2005.
V. OBLIGATIONS OF PARTIES
(A) The Local Government agrees as follows:
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1. In accordance with the terms of this MOA the Local Government agrees to
implement the following TCEQ Rule:
a. 3o TAC Chapter 114, Control of Air Pollution from Motor Vehicles,
Subchapter J Operation Controls for Motor Vehicles, Division 2, Locally
Enforced Motor Vehicle Idling Limitations Sections 114 510 -114.512 and
114.517. Changes to these TCEQ Rules shall be incorporated into this
Agreement without requiring amendment of this Agreement.
2. The Local Government agrees to submit the following information to the
TCEQ for the rules listed above not later than forty-five (45) calendar days
after the effective date of this MOA:
a. detailed description of the plan for implementation of these rules;
b. copies of local ordinances or resolutions adopted by each Local
Government to implement these rules; and
c. copies of agreements entered between any Local Government and other
units of Local Government for the purpose of the implementation of these
rules.
3. The Local Government agrees to submit copies of any requisite resolutions
under Section 7.352 of the Texas Water Code to the TCEQ forty-five (45)
calendar days after the effective date of this MOA or within fourteen (14)
calendar days after passage by the local governing body, whichever is later.
(B) The TCEQ agrees to consider this MOA for submission to the EPA for inclusion in
the SIP
VI. TERM AND TERMINATION
This MOA will become effective upon signature by both Parties and shall expire
on January 2 2017, unless renewed in writing by mutual agreement of the Parties. A
Party may withdraw from this MOA at any time upon thirty (3o) calendar days written
notice to the other Party. This MOA may be terminated at any time by mutual written
consent of the Parties.
VII. MISCELLANEOUS
This MOA represents the entire agreement between the TCEQ and the Local
Government and supersedes all other agreements, understandings or commitments,
written or oral, relative to the intent of this MOA. This MOA may not be amended or
modified except pursuant to a mutual written agreement executed by each of the Parties.
This MOA shall be governed by and interpreted in accordance with the laws of
the State of Texas.
In Witness Thereof, Texas Commission on Environmental Quality and the Local
Government, by their authorized officers, have made and executed this MOA in multiple
copies, each of which is deemed an original.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
By:
Name: David Brymf
Title: Director, Air Quality Division
CITY OF FORT WORTH
By: i00(
Name: kFernandb Costa
Title: Assistant City Manager
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