HomeMy WebLinkAboutR-2017-079 Authorizes an Interlocal Agreement Related to the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Water System (MS4) Permit Program RESOLUTION NO. 2017-079
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT RELATED TO THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT
PROGRAM AMONG THE CITY OF DANIA BEACH, NONEXEMPT
MUNICIPALITIES, BROWARD COUNTY, AND BROWARD COUNTY
DEPARTMENT OF PLANNING AND ENVIRONMENTAL PROTECTION,
AS REQUIRED BY §163.01 FLORIDA STATUTES, ALSO KNOWN AS THE
FLORIDA 1NTERLOCAL COOPERATION ACT OF 1969; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida Statutes
(2016) also known as the "Florida Interlocal Cooperation Act of 1969," and other Florida laws;
and
WHEREAS, the United States Environmental Protection Agency (EPA), by way of the
Water Quality Act of 1987, 33 U.S.C. 1251, and 40 CFR 122.42(c), requires the County and the
Parties to comply with the applicable conditions of the National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Program; and
WHEREAS, the EPA has recommended that the Broward County Environmental
Protection and Growth Management Department (EPGMD) act as "lead permittee" and the
Parties act as "co-permittees;" and
WHEREAS, the State of Florida, pursuant to Section 403.0885, Florida Statutes, as
amended, is empowered to establish a state NPDES program in accordance with Section 402
of the Clean Water Act, as amended; and
WHEREAS, the Florida Department of Environmental Protection (FDEP) has been
delegated the NPDES permitting program from the United States EPA and has implemented
the program through adoption of Rule 62-624, Florida Administrative Code (F.A.C.),
Municipal Separate Storm Sewer Systems, to administer the delegation of the NPDES MS4
Permit program from the EPA; and
WHEREAS, the County, by and through its EPGMD, has the legal authority and
ability to coordinate and conduct specific technical activities required by the NPDES MS4
Permits; and
WHEREAS,the County, by and through its Department of Public Works, has the legal
authority to plan, design, construct, operate, and maintain County-owned drainage facilities
and drainage facilities located within the unincorporated area of Broward County, as required
of NPDES MS4 permittees; and
WHEREAS, previous Interlocal Agreements executed by the Parties on December 3,
1996, October 20, 1998, June 29, 2004, and May 7, 2013 expired at the conclusion of the third
five- year NPDES MS4 Permit on January 4, 2017; and
WHEREAS, Rule 62-4.090, F.A.C., provides that the third five-year NPDES MS4
Permit remain in effect until FDEP's final agency action concerning the permit renewal; and
WHEREAS, FDEP issued NPDES MS4 Permit Number FLS000016-004 for the
fourth cycle five-year period on January 5, 2017; and
WHEREAS, the City of Dania Beach is desirous of procuring the services of the
County and coordinating efforts as co-permittees, pursuant to the NPDES MS4 regulations, to
manage and perform certain technical tasks necessary to determine compliance with the
applicable portions of Parts III and V of the NPDES MS4 Permit;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being
true and correct and they are made a specific part of this Resolution.
Section 2. The appropriate City Officials are authorized to execute an Interlocal
Agreement for NPDES Permitting among Broward County, Florida, the City Of Dania Beach
and other non-exempt municipalities if and as applicable.
Section 3. The appropriate City Officials are authorized to do all things necessary
and expedient, in order to effectuate the execution of the Agreement described above, and to
carry out the aims of this Resolution.
Section 4. Annual costs of this NPDES permit total approximately $15,000.00 and have
been planned and appropriated in the City's annual stormwater operating budget by the Public
Services Department.
Section 5. All resolutions or parts of resolutions in conflict with this Resolution shall be
repealed to the extent of such conflict.
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Section 6. This Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on July 25, 2017.
ATTEST: a`�Axo`s F��rc��f
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LOUISE STILSON, CMC4TAARA JAM
CITY CLERK , OR
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APPROVED AS TO F AN ORRECTNESS:
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THOMAS J. NSB
CITY ATTO EY
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