HomeMy WebLinkAboutContract 27134CITY �ECREi►4�� ,'
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�tate of Texas § AGREEMENT CONCERNING THE TEXAS
§ POLLUTANT DISCHARGE ELIMiNATION
§ SYSTEM PERMTT FOR STORM
City ofFart Woxth § WATER DISCHARGES
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This Agreement is entered into the �.�,;.�day of _��;. �-„ .'" ,___ „ by and
betweea the CITY OF FORT VGTORTH (hereinaft�r referred to as "the City"} and the TARR.ANT
REGIONAL WATER DISTRICT, (hereinafter referred to as "the District")
WHEREAS, the Un7ited �tates Environmental Froteciion Ag�ncy (EPA) has promulgated
regulations in 40 CFR §122.26, requiring National Poll�xtant Discharge Elvnination System
(NPDES) permits for storm v�+ater discharges to waters a� the Unit�d States to be obtained by all
opera�ors of municipal separaie storm sewer systems (MS4s) located in an incorporaied area with
a population of �00,400 or more, and has now krans%rred au�Iiority and responsibiliYy for fllose
parmits in Texas to the Texas Natural Resource Conservation Commission (TNRCC) to be
l�own as the Texas Pollutant Discharge Ela�i.nafiion Syste� {TPDES) permit, and
WHEREA�, EPA has asserted that both the City and the Disixict awn and operate MS4s
requiring TPDES pern�its (which the District do�s not admit; a11 references to MS4s herein being
merely for the convenience of the parties hereto and in recognition af tha EPA's assertion and in
no way being an ac�nission of the accuracy or validity of the EPA assertion), and
WHEREAS, fihe Distarict's "MS4s" consists of the storm water collection portion of thE
Fort Worth floodway, which the Districi operates pursuant ta instruc�ions and criteria issued by
the Uniied StaYes Army Corps of Engineers and which flood�ay is partially located within the
City and is subj ect to the ordinances and other rules of the City, and
WHEREAS, under 4D CFR § 122.2C(a)(3}{iii), the operator af an MS4 which is part of a
laxger system may participate in a TPDES pezmit appli.cation by being a co-appli.cax�.fi (to be a co-
permiitee), and
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WHEREAS, tha City and the District have agraed to participate in a co-applicatian in
order to flbta.ia� a TPDES permit, but the District does not admii thai it should be required by
TNRCC to obtain a TPDES permit nor that it o.perates an M�4 and reserves the right to raise the
issue of th� validity of 40 CFR § 122.26, as applied to the District's operations, and
WHEREAS, the City and �he District desire ta set forth their respective rights,
responsibilities, aald obligations regarding such co-applicaiion, �he subsequent operatian of their
respective MS4s, and the izn�l.ementa�ion of tb�ir respcctive storm water management programs
pursuant to said TPDES permit,
NOW, THEREFORE, for and in consideration af the premises and the mutual covenants
a.nd a�reements hereinafter set forth, and in consideration of the mutual benefits to be realized by
the City and the District (hereinafter somenmes referxed to as "parties" ar"co-applicanis"), the
City and the Disfrict hereby agree as �'ollows, �o wit:
1. The City and the District have jointly submitted to TNRCC their TPDES permit
applicatzon.
2. The responsibilities that each g�ariy agrees to assume under ihis Agreement extend to the
aareas owned, cantrtilled or subject to regulation by each party witlun the coxpo:rate limifs
of the City.
3. Each party is solely respansible for the construction, operatian, maintenance, and
izaspection af storm drainage faciliiies ihat it individually owns and operates. The
District's Fort Worth floodway shall continu� to be operated and maintained in the
interest of public safety in accordance with criteria establisbed and issued by the United
States Arrriy Corps af Engineers,
4. The District, without waiving its position that the Fort Worth floodway system was
designed to control floodwater and not storm water, shall, to the nna�ixn.um extent
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practicable, operate and maintain tk�e system of sumps, levees, dams, caich basins, and
associated structures that are designed or used for collecfing or conveying storm water,
and thai the District owns and operates, so as to mainta.in th�ir effectiveness for the
detention and controlled release of storm water a.nd the settling of sediment suspended in
storm water runoff from property witiiin the Distxict and the City.
5. As co-applicants, the City and the Dzstrxc� sk�all each comply with the TPDES p�rmit
application requir�ments that are applicable to their respective individual MS4
operations, suhject to the provisions o�Paragraph 23 hereof and other provisions h�reof
whereby �he District r�serves its right to cantest whether or not it operates an M54 or is
suhject to the regulaiions promulgated in 40 CFR § 122.26.G.
6. The District sha11 prepare and submit to TNRCC any proposed storm water rnanagernent
pragram components required by 44 CFR § 122.26(d)(2){zv), for the Disirict's operations
that are not c�vered by management program components submitted by the City as part
of its co-application with the District. The District may submit any additional
management prograrn components that it wishes.
'7. As co-permittees, the City and the District sha11 each be responsible only for its own
storm wai�r management program componenis that are approved by TNRCC and become
conditions of the co-permit. Unless responsibility is atherwise expressly assumed in tliis
Agreernent, each co-permittee is inc�ividually and solely responsibl� for storm water
management program implementation on partions of the M54 where it is the operator.
Unless responsibility is otherwise expressly assumed in this Agreement, each co-
permittee is individually and solely responsible for compliance with penmit canditions
relating to discharges from portaans of the MS4 where it is the operator. Unless
responsibility is otherwise expressly a�sumed in this Agreement, the City is individually
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and solely responsible for the �uality of discharges from portions of the MS4 for which
the City is the aperator inta portions af the MS4 far which tk►e Dist�rict is the aperator.
S. Any ordinance or municipal regulation adopted by the City with the intent or effect of
prolubifing, limiting, or controlling the contribuiian of pollutants to ihe MS4, ar th�
pollution of any surface water or groundwater, is applicable to and may be enfarced
against any person (including, any corporation, organization, or oiher legal entity, and
incJ.uding the Distxici and iis agents) for vio�ations caused ar occurring within the
bflunc�aries of the District or on property owned by the Disirict to the same extent as
within any other area withita the City's corporat� limits which falls subject to this
Agreement,
9. The District shall make no rule or regulation respecting storm water management or
prohibiting, lixniting, ar canirolling the contribution of pollutants to the MS4, or the
poilution of surface water or groundwater, that conflicts wi�h any City ardir�ance. Absent
any such conflict wiih a City ordinanee, nothing in this Agreement is intended to Iimit or
otherwise affec� any authority that the Di�ixict otherwise has tn regulate the c�nduct of
thzrd parties.
10. The Gity and the Districfi shall adopt and implernent m�thads to investigate and detect
illicit connections and other unlawful discharges and impxaper dispasal into ihe MS4 that
each re�pectively operates. To the ext�nt of available resources and legal authority, the
City and the Dis�rict shall assist or�e anothex in tracking illicit dischaxges and ather
pollution so�zrces that rriay ariginate on or flow through property within their jurisdiction
before entering the jurisdiction of the o�her.
11. The Ciiy agrees to use all reasonable efforts to regulate and otherwise control, to the
extent of its jurisdiction arid autharity, alI sources ofpollution in stortn water discharged
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onto nr into any p�roperty owned by the District, including any surnps, catch basins, or
other structures designed or used for collecting oar conveying storm water, that are owned
and aperated by the District, insofar as required by the terms of the Ciiy's storm water
managemeni prvgrarn that are made conditians ai�tie TPDE5 p�;rmit.
12. In any contrac�s, permits, Iicenses, or similar authorizations or ag�reements, executed by
th� District allowing or controlling utility 1in� construction, operation, or rr�aiz�tenance on
prtiperiy ovvned by the Distriet (such as for telephane, natural gas, or electricity services),
the District shall raquire cvmpliance with all Ciiy, a� v�ell as Sfiate and Federal, laws
controlling exasian, sedimentation, and other cantributions of pollutants to the MS4 by
storm water discharges associated with consiruction, operation, or znaintenance qf said
u�ility lines.
13. In any utility construction, operation, or maintenance, oar in any other activity performed
by the City itself, or by its agents, on propearty owne� or aperated by the Disiric�, which
fa.11s subj e�ct to this Agreement, the City shall comply, and assure compliance, with all
applicable local, state, and federal laws and regulations. Be�ore engaging in any such
activiiy on property owned ar opezated by the District which falls subject to this
Agreement that may adversely affect the quality of surface water or gro�xndwat�r within
the District, the City shall cansult with the District regarding such patential ad��rse
effects and, to the maximurn extent practicable, employ best management praciices to
avoid, rcduce, or mitigate �hem.
14. The City shall have the authoriiy to enter District property to conduct all inspec�ions,
sa�npling, records examination, an.d other investigative measures that are related fia
xz�onitoring compliance with municipal laws cantrolling storm water pollution �y any
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persan, including the District its�lf When such sampling and investigaiions occur, the
District shall be notified of the occurrence and results of thase investigative measures.
].S. If either the City or the District becomes aware of a spill, disposal, leak, discharge, or
other release of aii or any hazardous substance in an amount that may be harmful, and,
that may flow, leak, enter, or otherwise be zntrodueed inia the portian oi the MS4
operated by the other, or into ihe lakes, rivers, or creeks operated or rnanaged by the City
or the District, as the case may be, shall prornptly notify �th� other party of tha incident,
desc�zbing the location and source of the release, the type of substance, the concentratio�,
and the volume (if knowa�), a�d any carrectiv� action known to have been taken.
16. The City shall bE primarily responsible for any an-going dry weaxher field screening and
wef weather monitoring required by the TNRCC to be conducted wi�hin ttae corparate
limiis of the City, including vvithin �he Disfirict, as a eondition af the TPDES permit, or
co-pernsit, issued to th� City and the District far their MS4 discharges, axce t that the
Dist�rict shall be responsible for conducting any monitoring an accordance with ihe
District's componeni of the co-application far a TPDES p�rmit and in consultation with
the City. The District may voluntarily assist the City in ofiher monitaring and field
screening �fforts, if there is rnonitaring to be dane.
17. The Dis�rict shall l�e responsible for evaluation of the effectiveness of its sumps and catch
basins in the removal of polluta.rrts iun storm vvater runoff.
1$. Any studies, reports, monitoring results, c�ata, and other information concerning starm
water dischaxges, pollution, or runoff that are prepared or obtained by either party shall
be made available to the atker party upon request.
19. To the extent of available zesourees and legal autharity, the District shall assist the City,
upon reques�, in conducting inspections of discha�gers, or potential discharges, of
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pollutants to the MS4, and in caxrying out other investigative measures that are related to
monitoring complianc� with municipal laws controlling storm water pallution.
20. The District shall develop and implemeni, separately ar in conjunction wi�h the City, a
public education, assistance, and reparting program canceming siorrn wat�r xunoff and
pollution that shall include at Ieast �he following components:
(a) elementary [and secondary] school presentations;
(b) public informational handouts;
{c) provicling availability of BMP Manuals prepared by the Narth Central Texas
Council of Governments; and
{e) sponsorship of a"river waich" program and/or other volunteer public rnoni�oring
pragrarns.
As these and future programs �re developed, the parties may ent�r into an agreemeni or
agreements to participate in such progr�.rns tog�thar. �uch agreements shall include pravisions
for utilization and sharing of equipment and persox�nel, as we1l as the reasonable sharing of the
costs involved in program implementatian.
21. The City and the District shall be � individually responsible for providing information
related to, and prepaaraiipn of, those portions of the annual report to TNR.CC that cancern:
{a) the poz�tions of the MS4 that each individually awns and operates;
(b) the components of their stoz�m water management plans for which each is
individually responsible; and
(c) the TPDES permit terms tha# are applicable to each ofihem individually.
The City and the District shall coop�rate with ane another in preparation and submittal af
any annual system-wide report required by the EPA or TNRCC.
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22. The District will equa.11y share with the City and any other co-applicar�ts in paying
expenses, including fees, associated with the TPDES perrnit for the permit application,
majo� amendments, renewals, public notice and annual reports.
23. This Agreement becomes effective upon final signatures of the City and the Di�tric� and
sha11 remain in effect for the duraiian af the second TPDES pe�rmit term, hut by cxecuting
this Agreem�nt, the District does not waaive its right to contest the applicability, validity
or enforceabzlity a� 40 CFR § 122.26, ar its enabling legislation, if any.
2�. This Agreement may be terminated by any af the follovwing methods:
(a) by mutual cons�nt of the signatories; or
{b) by either party, upon failure of the other party io fuliill its responsibilities and
obligations as set farth in this Agreement; or
{c) if it is determined by the EPA or TNRCC or by judicial ruling that the District is
not required to comply�with the regulat��n promulgated by the EPA in 40 CFR §
122.26, but the DisiriCt may enter into additianal agreerrients to continue a11 or
portions of its duties under this Agreement; or
(d) hy either party, upon failure Qf thc: parties to reach agreement an any �utur�
agreement referenced in this cont�act.
Tf tenninativn is due to the failure of a party to fulf ll its abligatians under this
Agreement, that party shall be notified in writing th�.t a possible hreach of contract has
occurred. The non-complying party shall then have 30 days to respond bafare this
Agreement may be termina�ed.
25. All references herein to the TNRCC as the gavernmental agency issuing and enforcing
ihe TPDES perrnit, approving elements of a storfn watex �anagement plan, or atherwise
affecting this Agireement sha11 be deemed to mean, as well, any successor agency to the
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TNRCC, tlie EPA, or any other federal agency that is deiegated authority to administer
the TPDES (or NPDES) permit program.
2fi. This Agreemen� contains a complete expression of the agreement betweer� the parties,
and there are no promises, reprEsentatians, or inducements except as herein provided, and
the tertns of this Agreemant cannot be varied, modified, or amended axcept by the written
ag�reement o� the parties hereto.
27. The fa�lure by either party to exercise any rigk�i or to enforce any term or condition of this
Agreement in any instance sha11 not be deemed to constitute a vvaiver of that parfy's
entitlement to exercise any right o� to enforce any term ar condition of this Agreement in
any other instance.
28. In case any one or more of the provisions contained in this Agreemeni sball �or any
reason be held invalid, illegal or unenf�rceable in any respect, such invalidity, illegality,
or uxxenforceability shaIl not affect any ather provision hereof, and this Agreement sha1l
be cons#rued as it£ such invalid, illagal, or unenforceable prov�iision had never been
contained herein.
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SIGI�ATORIES:
ZN WITNESS HEREOF, the Czty and ihe Disti�ict have executed this Agreement in
duplicate counterparts.
ATTEST:
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By: � , �_EL�'�
G oria Pears , z�y Secretary
APPROVED TO FORM & LEGALITY
:
ATTEST
BY� �/
APPROVED TO FdRM & LEGALITY:
By:
Attorney for Tarran egional Water Disi:rict
cxLzaoioszava
CITY OF
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Date:
T WORTH
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Tazxarat Regianal, VLTater�trzct
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C`ity of �ori Wo��h, Texas
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DAT� REFERENCE NIJMBER LOG NAME PAGE
1019IQ1 *��a� $��� 52P�l.L.l1TION � af 2
suaa�cT APPROVAL OF IIVTERLOCAL AGREEMENTS WITH TARRANT REGIONAL WATER
DISTRICT AND THE TEXAS DEPARTMENT OF TRANSP�RTATION AS CO-
PERMITTEES ON TEXAS POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT
RECOMMENDATEON:
It is recammended that the City Council autharize the Ci#y Manager to execute ]nterlocal Agreements
with the Texas Depar�ment of Transportation and the Tarrant Regional Water District as c�-permi�tees
with the Ci#y for the Texas Pollufian Discharge Elimination System permit to be issued by the Texas
Natural Resources Conser►ration Commission (TNRCC},
DISCUSSION:
To comply with the Clean Wat�r Act amendments of 1987, the City fil�d a National Pollution Discharge
Eliminatian System s#orm wafer permit applicaiion wifh the En�iranmental Protection Agency (EPA) on
July 30, 1993, and began implementing the required water qua[ity programs. The Tarrant County
Regianal Water District and the Texas Department of Transportatian, Fort Worth Distric#, applied as co-
permittees under the City.
O� November 22, 1996, the City's permit ta discharge storm water ta the waters of the United States
(TXSa00901) was issued and became effecti�e December 1, 1996. The City's permit expires an
November 30, 20D1, and a new permit application is currently under re�riew by TNRCG staff.
In September 2000, #he EPA delegated permitting authority to the TNRCC. To �emain in compliance
with the Clean Water Act, a permit appl�cation was submifted to the TNRCC by the Criy and its iwo co-
permittees, the Tarrant Regional IlVater District and the Texas Department of Transportation, Fort Wort�
District. There is an application fee of $2,0�0 plus $50 for public natifica#ion. The City a�d its co-
permittees share these fees equaliy.
T�e TNRCC has yefi to promulgate storm water regulations P�rtaining to mun�cipalities, and they are
not expected to have regulations in-place until sometime in FY2�03. Even though the Gi�y's permit will
expire lang before this date, there wili be no gap in p�rmit coverage as the Clean Water Act provides
coverage to any municipa[ity that has submitted a permit applicatian.
C'iiy o, f .�'ort �ortJ�, T "e.�cas
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DATE REFERENCE NUMBER LOG NAME PAGE
1�19101 **��� �778 a2POLLUTION 2 af 2
SUBJECT APPROVAL OF INTER�.00AL AGREEMENTS WITH TA RANT REGIONAL WATER
D[STRICT AND THE TEXAS DEPARTMENT OF TRANSPORTATION AS CO-
PERMITTEES ON TEXAS P�i.LUTiON DISCHARGE ELIMINATION SYSTEM PERMIT
FlSCAL INFORMATIONICERTIFICATl�N:
The Finance Director certifies tha� the approval of these agreements will have no material effect on City
funds.
LW:k
SUbnnitted far City Manager's
Office hy:
Lihby Watson
Originating Department Head:
Brian Boemer
' FUND I ACCOUNT I CE1�iTER
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6383
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8079 I (from)
AMOUNT I CITY SECRETARY
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� Ai'PROVED 10/09/01
Additzonal Information Contact:
Brian Boemer
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8079 I