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97-080 RESOLUTION NO. 97-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT FOR PROFESSIONAL SERVICES ASSOCIATED WITH NPDES OPERATING PERMIT BY AND BETWEEN THE CITY OF AVENTURA AND METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Interlocal Agreement for Professional Services associated with NPDES Operating Permit by and between the City of Aventura and Metropolitan Dade County Department of Environmental Resources Management. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember Rogers-Libert, who moved its adoption. The motion was seconded by Councilmember Cohen, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Ken Cohen yes Resolution No. 97-80 Page 2 Councilmember Harry Holzberg ,,es Councilmember Jeffrey Perlow Councilmember Patricia Rogers-Libert yes Vice Mayor Jay R. Beskin yes Mayor Arthur I. Snyder absent PASSED AND ADOPTED this 18th day of November, 1997. ARTHUR I. SNY~)ER,~IAYOR Al-rEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms INTERLOCAL AGREEMENT FOR PERFORMANCE BY METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) OF PROFESSIONAL SERVICES ASSOCIATED WITH THE FIVE YEAR NPDES OPERATING PERMIT BY CITY OF AVENTURA AND DERM This Interlocal Agreement ("Agreement") is made and entered into this ~ day of ~--~ ~. 199~, by and between Metropolitan Dade County, through its Department of Environmental Resources Management (DERM) [hereinafter sometimes referred to collectively as the "COUNTY"] and CITY OF AVENTURA, [hereinafter sometimes referred to as the "CITY"I, in order that the City may be included as a co-permittee in so far as the boundaries of the City of Aventura are included under the Environmental Protection Agency [hereinafter "EPA"] National Pollutant Discharge Elimination System [hereinafter "NPDES"] Permit Application Regulations for Storm Water Discharges; Final Rule [hereinafter "NPDES Final Rule"I, and that the professional services required to accomplish the tasks set forth in the NPDES Final Rule and the NPDES Operating Permit may be initiated and performed on behalf of both the CITY and the COUNTY as co-permittees. Section I Definitions For purposes of this Agreement, the following terms shall apply: Aareement shall mean this document, including any written amendments thereto, and other written documents or parts thereof which are expressly incorporated herein by reference. CITY shall mean City of Aventura, by and through its Office of the City Manager. COUNTY shall mean Metropolitan Dade County, by and through its Department of Environmental Resources Management ("DERM"). R E R shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement. In all other instances, terms used in this Agreement shall have the definitions contained in the EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124 (Attachment "A")~ incorporated herein by reference. Section II Term of Agreement The term of this Agreement shall commence with the date of execution, and shall expire on November 16, 2000. Section III Scope of Work The parties hereto stipulate and agree that the EPA is requiring as part of a five year NPDES Operating Permit the sampling, monitoring, and analyzation (hereinafter "analysis") of a variety of storm sewer systems throughout Dade County. The parties hereby agree that the costs attributable to implementation of this operating permit shall be the joint responsibility of all participating municipalities, and shall be based on a percentage rate obtained by dividing the number of outfalls that drain to United States bodies of water existing in each participating municipality by the total number of outfalls existing within the geographic boundaries of all co-permittees. Section IV COUNTY's Obligations Compliance with NPDES ODeratina Permit The COUNTY shall perform all analysis and related activities as required in Dade County's NPDES Operating Permit (hereinafter "NPDES Permit"). Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the exception of CITY permits and approvals, if any, which shall be obtained by the CITY) which are required in order to conduct activities required under the NPDES Permit. ~eDort The COUNTY shall provide the CITY with a report which shall set forth the CITY's obligations under the NPDES Permit and the results of all monitoring and sampling activities required under the NPDES Permit. Notice of DERM MeetinG(s) The COUNTY shall provide the CITY with oral or written notice of all regular meetings held by DERM staff for the purpose of reviewing the compliance status with the NPDES Permit. Section V CITY's Obligations Submittal of Outfall Information The CITY agrees to provide the COUNTY with outfall update information as promptly as any changes in outfalls occur, in order that the data maintained by the COUNTY may be accurate and current. p~evention of Theft of COUNTY EGui~ment The CITY shall take reasonable steps to prevent theft or vandalism of COUNTY equipment located within the CITY's jurisdiction. The CITY acknowledges that such equipment may be placed within the CITY's area of jurisdiction for extended periods of time, as necessary to complete the sampling and monitoring tasks contemplated by this Agreement and the NPDES Permit. Compensation Within ten (10) days from the date of execution of this Agreement the CITY shall make a lump sum payment to the COUNTY of its sro~ortionate share of the payment due to the COUNTY for associated monitoring activities which are the CITY's financial obligation pursuant to this Agreement. The sum due shall be determined by dividing the total cost for analysis by the relative percentages that each participating municipality contributes towards stormwater drainage to United States bodies of water. It is hereby stipulated and agreed that the total cost for analysis is a yearly stipend. The yearly cost as calculated will be due on the anniversary date of execution of this Agreement in following years until the end of the permit period (August 31, 2001) of the five year NPDES Permit. Failure to pay the agreed-upon lump sum payment or subsequent payments shall be deemed default by the CITY pursuant to this Agreement, and shall result in a reversion of the CITY's NPDES Permit status to Individual Permit Holder. As of September 30, 1997, twenty-three (23) cities and the Florida Department of Transportation (FDOT) have indicated their participation as co-permittees in the NPDES Final Rule process. Therefore, based on these commitments, the ~ share of each co-permittee has been calculated and is listed on Attachment "B". ~ The CITY shall hold harmless the COUNTY from any and all damages or other liability incurred by the CITY by virtue of any action which might be taken by EPA against the CITY based upon the results obtained during the sampling and reporting set forth by the Part 2 EPA NPDES Final Rule process, or by any results obtained during the five year term of the NPDES Permit. Access/City Permits The CITY shall provide the COUNTY with reasonable access at all times as necessary to accomplish the analysis of any storm sewer systems which may be located within the CITY's jurisdiction. The CITY shall obtain any CITY permits and CITY regulatory approvals required in order for the CITY to accomplish the above activities that may be located within the CITY's jurisdiction. Section VI County Event of Default Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "COUNTY event of default". If a COUNTY event of default should occur, the CITY shall have all of the following rights and remedies which it may exercise singularly or in combination: 1. the right to declare that this Agreement together with all rights granted to COUNTY hereunder are terminated, effective upon such date as is designated by the CITY; 2. any and all rights provided under federal laws and the laws of the State of Florida. Section VII CITY Event of Default In addition to the provisions set forth in Section Compensation, and without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "City Event of Default" If a City Event of Default should occur, the COUNTY shall have all of the following rights and remedies which it may exercise singularly or in combination: 1. the right to declare that this Agreement together with all rights granted to CITY hereunder are terminated, effective upon such date as is designated by the COUNTY; 2. any and all rights provided under federal laws and the laws of the State of Florida. Section VIII General Provisions Authorization to Represent CITY in NPDES Permit The CITY hereby authorizes the COUNTY to act on its behalf with respect to the monitoring and sampling portions of the NPDES Permit and shall comply with all requirements imposed by EPA with respect thereto as a condition of the NPDES Permit. Attendance at DERM Permit Review MeetinGs The CITY may, but is not required to, attend any or all regular meetings held by DERM staff for the purpose of reviewing the status of the NPDES Permit. Termination Either party may terminate this Agreement without cause by providing sixty (60) days prior written notice of intent to terminate to the other party. The CITY shall be entitled to reimbursement of monies paid to the COUNTY only in the event of termination for cause by the CITY, or termination without cause'by the COUNTY, and the CITY shall then be entitled to such reimbursement only to the extent that services providing information useful to the NPDES Permit have not been rendered by the COUNTY. Upon termination by either party, the NPDES Permit status of the City shall revert to Individual Permit Holder. Entire AGreement: Prior A~reemen~s Superseded: Amendment to AGreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by the parties hereto or their representatives. ~ Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. N~tices and AD~roval Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties as follows: To County: Dade County Department of Environmental Resources Management 33 S.W. 2 Ave, Suite 1200 Miami, Florida 33130 Attn: Department Director 305/372-6789 To City: City of Aventura 2999 N. E. 191 Street, Suite 500 Aventura, FL 33180 Attn: City Manager 305/466-8910 performance bv Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. Riahts of Others Nothing in the Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be met and performed pursuant to this Agreement. ~ This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The COUNTY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Dade County, Florida. Severabilitv The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated. Waiver There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. IN WITNESS WHEREOF, Metropolitan Lade County, Florida, has caused this Agreement to be executed in its name by the County Manager or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached; and City of Aventura, Florida has caused this Agreement to be executed in its name by the City Manager or his designee, attested by the City Clerk and has caused the seal of the City to be hereto attached, all on the day and year first written above. Harvey Ruvin, METROPOLITAN DADE~OUNTY, Clerk of the Board FLORIDA, BY ITS ~OARD OF COUNTY ~S~p/~S Attest: By: C~~~~/'~BY" ~,/~ ~. ~//~nager ....%O,..~,, - .... ~,j' City of Aventura, FLORIDA ATTEST: %~3~F%~ ATTEST: City Clerk City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY '5×i/ ~'1 { ~' ~ APPROVEDsuFFiCiENcyAS TO FORM AND LEGAL By: City Attorney Attachme ~"A~'~ _ ~ Friday November 16, 1990 Part'Il Environmental Protection Agency 40 CFR Parts 122, 123, and 124 National Pollutant Dlacharge Elimlnaflon System Permit Application Regulations for Storm Water Dlacharges; Final Rule Attachment "A" (Continued) F~m! Re~ster / VoL ~5, No. ~ / Friday. November 16, 1990 / Rules and Regulations 480~q ~se~y~ basis. ~ app~nt b quality slanda~ or b a s~ifi~nl [iii) ~e o~mt~ of a d~a~ f~m ex~ ~o ~ow oFhave ~ason to ~n~b~or of ~utan~ to wat~ of ~e a m~i~pal sepa~te sto~ s~er whl~ ~lleve' ~at a ~iu~t ~ ~t ~ ~ U~t~ ~te~ ~ d~fi~ may h pa~ of a la~e ~ m~ m~l~paf e~u~t ba~ ~ an ~al~ff~ of ~e ~ude a disease ~m any sepa~te st~ sew~ ~st~ must exacted ~ p~u~ ~ sto~ of ~nveyan~ or s~t~ of ~nveyan~ el~e~ · e ~fiu~L ~ on ~y p~s used for collecti~ and ~nve~ sto~ {A} Pn~pale In a pe~t applt~tion analyses for ~ ~llutanL {F~ example, wa~ ~o~ ~ a s~m of~o {to be a ~tttee or a ~p~ittee} any pestlMde ~n~act~d by a fa~ f~m m~pal sep~te st~ ~e~ ~ one or mo~ o~ o~to~ of may ~ ex~ ~ ~ ~t ~ ex,pt f~ ~ ~es ~ ~a~s f~m ~e [a~e ot medium ~m~t~ sto~ wa~' ~ff ~ ~vey~s w~ do not ~ a m~dpal sto~ sewer ~tem the faulty.} p~t ~der par~ph {aRZ} ~ ~s ~ve~ all or s po~on of all ~s~a~es .- s~n ~ a~t~ st~ wnt~ f~m ~e m~[ separate {k} A~I/~ ~m~ ~or ~ ~off w~ h exerted ~ ~e sewer ~te~ s~es o~e~ d~ N~ deF~ of ~t ~ at [ ~ · ~} ~ubmlt a d[s~n~ p~It m~ufact~ ~aL m~-~ ~d ~e Di~tor may des~ate ~ appli~fion whl~ o~y cov~ sll~ltu~l di~ app[~ f~ f~m m~pal sep~te sto~ sewe~ d~a~es f~m ~e m~pal separate ~ ~1~ {e~pt for new on n system-~de or j~de sto~ sewe~ for whl~ ~e opera d~a~es of fa~Oes sub[~ to ~e bast~ ~ m~ng ~s det~n~fion ~e ~s~nsibl~ or ~qul~ments of pa~ph ~} of ~ D~or may ~[d~ ~e f~lo~ [~ A ~gfonal auto,fy may secffon or new dilates of sto~ factor: ~s~lble for subbing a pe~t wat~ notated ~ ~d~al a~ty (A} ~e l~fion of ~e di~e ~ appH~ffon und~ ~e fol~ whl~ a~ sub[~ ~ ~e ~ of ~s~ ~ wate~ of ~e U~t~ 9tares as ~deHnes: prodded by ~ I~cRI}~} s~ ~} ~e s~e of ~ ~ ~ ~pplt~ sh~ ~ve ~de ~e foHo~ ~o~6on to ~e {~ ~e q~fity ~ na~ ~ ~e ov~ a sto~ water ~tor. u~ ~e appH~6on f~ ~llu~ ~ to wa~ of ~e p~m ~at ~ ~ ~st~ or ~all p~d~ by ~e ~ U~t~ ~t~ ~ ~ ~t~ st ~e ~e ~ 1 of ~e . ~] 0~ ~lev~t fa~o~ appH~fion Is du~ ~c~on ~ ~] ~u~ t~t (Z} ~e D~ctor may not ~ a (~ ~e ~lt appH~t or ~- ~ for ~s~a~es of sto~ wat~ t, ~s~ to ~ad as foflowc appH~n~ shall ~b~h ~ ab~ty to ' ~o~ ~m ~f-~g o~fio~ ~ off ~d ~e a ~ely ~b~ of~ ~ ~nd ~ ~~~ g~lo~6o~p~~ ~of~em~appH~o~ ~e J ~ fe~Oes, ~m~sed early of flo~ se~te storm s~ ~ the ~J ~ ~ ~ ~ ~ of ~veyances (~ ~t ~t ~ ~ and (Iii) or ~R~ ~ ~ and (ill) and oth~ ~ ~d ~ ~e ~t~ to pf~ ~ul~ ~ a~ of ~s se~o~ ~at ~ ~ ~e D~or shH ~ s~'~ a ~ ~eh} ~d for ~ ~d ~ew of ~e d~at~ des~d fn ~ph {a} of ~ ~nve~ p~pl~on ~off nd a~ofl~, s~ ~ ~ ~e se~o~ oF by a d~y au~ ~ ~ not ~ntnmffle~ by ~ta~ a~H~on ~m~ of ~g~ph ~ep~senta~ve ~ ht ~ A ~fl ~ oF ~t has not ~me ~ ~ta~ [~f ~ se~o~ ~s a duly au~ ~p~n~ o~y ~ ~y ove~e~ raw m~ {Iv] One pe~t appH~ mY be if: ~t~e~ate pr~u~ F~sh~ p~u~ sub.tied for ~1 or a ~flion of nil b~u~ or w~te p~u~ l~t~ on m~d~ sepa~te Mo~ sew~ wi~ifl 5. ~c~n 1~ ~ ~d ~ ~ad as ~e site of su~ o~6o~ ~ollows: (3] ~e a~ m~/~ mff~/ adja~t or Inte~ected la~e or · e~ge s~ ~e~er r~ [0 m~ muni~p~ sep~te st~ sewer ~ ~ ~ ~t~ ~es P~ m~t ~ obtafn~ for ~ ~st~ ~e D~ may ~ue~ne :~a~ ~ ~e ~ ~ m ~a~es f~m la~e ~d m~ s~t~-~de p~t ~v~ ~ or a ~ ~m~ m~f~pal sepa~te sto~ sewer ~on of aH m~pal sepa~te (nj ~e~/r ~;~ {1) ~ to syst~, sewe~ ~ adjs~t or ~t~ted ~)cto~r 1. ~ d~a~ ~s~ (HI ~e D~or may ef~er ~ue one I~e or m~ium m~p~ sep~te ~ntl~ly of st~ wa~ shH not ~ system-~de ~t ~ve~ all s~ sewer s~te~ =-equ~d to ob~h a g~ ~t db~es ~m m~l~l s~te (v)~ for aH or a ~on ~ all {i) A dis~a~ ~ ~ ~ ~i~ mu~pal sto~ sewer s~tem ~ bsue m~f~l sepente s~ sew~ systems ~ pe~t has ~en ~u~ pfl~ to ~at a~ ~sued on · ~ystem-wlde. dis~ ~fts for app~ate ~eb~a~ ~ 1~ ~te~fles of ~a~es ~n a la~e Ju~on-~de. wate~h~ or o~er bash ~y s~fy ~e~nt ~ndillons (iii A dh~ a~at~ wJ~ or medi~ mu~pal sepa~te st~ ~la~ to ~nt ~s~a~es ~vered ~dus~al a~ (sff] ~aR4)~ sewer s~tem include& ~t not Hmfted 0~ A dh~e ~m a h~e to: aH diseases o~ed or o~t~ by ~ ~e ~iL fn~ud~g dJ~e~t ~al se~ate s~ sewer syste~ the same munl~palit~ ~t~ ~ man,smear pmgra~ for .% dis~arge f~m · me~ ~e same J~sdi~om all dis~nges drainage areas whi~ ~fl~bote storm ~nf~pal sepa~te sto~ sew~ syst~ ~in a system ~at dis~a~ to the weter to ~e syste~ - {vi A disease whl~ ~e Di~ct~. or same wate~hed: diseases within a (~} ~e~fttees need only ~mply States with approved N~ system ~at a~ similar in natu~ or for ~th ~it conditions relating to cograms, eider ~e Dir~tor or the ~A Indi~dual ~sche~s f~m m~l~pal diseases f~m the municipal s~arate ~gioflal Adminis~atoc. datelines to sepa~te sto~ sew~ within the sto~ sewe~ for whi~ they a~ ~ntribute to a violation of s water system, operators. Attachment "A" ~Continued) Federal Register / VoL 55. No. 22~ / Friday. November 1~ ~ / Rules and Re~'~latlona (A) Physical intercounectious . naturally-occurring surface materials storm water. For the purposes of this between the munl~pal separate storm that are not disturbed by mining parngrspl~ material handling activities sewers: oper·tious. Include the storage, loading and (B) The location of discharges f~om (11} 7~or~]~oe~/~'e.o~' mean~ the unloading, t=ransportation, or the designated municipal separate storm fraction of total rainfall that will appear conveyance Of any raw material. sewer ralaUve to di~c~_,._~es from at a conveyance as nmofl'. Intermediate product, finished product. municipal separate storm sewers {12}$ignif/contmo~r/n/sinciudes, by-product or wuste product. The term described In paragraph {bX?}(i} of this but is not limited to: raw materials: excludes areas located.on plant lands section: * fuels: materials such as solvents, separate from the'plunt s Indus~al {C] The quunUty and nature of detergents, and plastic pellets: finished acUviUes, such as office buildings and pollutants disc~ed, to waters of the materials such as metallic products; raw accompanying parking lots es long as United States: materials used In food processing or the draInage from the excluded areas is (D} The nature of the receiving waters: producUon: hazardou~ substances not mixed with storm water drained or designated under aecflun 1.~{14} of from the above described areas. {E) Other relevant factors; or CERCLA: any chemical the.facility fs Industrial facilities (Including industrial {iv} The Director may. upon peliUon, required to report pursuant to section faciliUes that are Federally. State, or deslgua te as a me~dium municipal 313 of Utie IH of SAI~t~ fertilizers: municipally owned or operated that separate storm sewer system, municipal pesticide~; and waste products such as meet the descripUon of the faclliUes separate storm sewers located within ashes, slag and sludge that have the listed In this paragraph (b}{14}{0-{xi) of the boundaries of a regina defined by a potenUal to be released with storm t~s section) Include ~_._ose facilities storm,water management reginnal w.ater discharges, designated under the prdvfsious cf authority based on a Jurisdictiunal. {13} $~r~a ~,oter means storm water paragraph {a}{1Xv] of th~ se~on. The watershed, or other appropriate basis runoff, snow melt runoff, and surface following categories of f&c~litfes are that Includes one or more of the systems runoff and draInage, cousfdered to bo engagL~g in "industrial described In paragraphs {b](7) {i). {ii). {14J $~ wn~r d/sc/~;..~e ns$~/~d ecUvtty' for jm~'poses of this subsection: {ii0 of this section, w/~/~dt~.,,'/a/o¢Ev/~y means the ti} Facilities subject to storm water (8]/~un/c//~a/~e.z~rate a~rm aer/e~ di-~charge from any conveyance which Is effluent limll~Uo]~ ?sidelines, new means a conveyance or system of used for collectin~ and conveying storm source performance standards, or toxic conveyances {Indu~llng ro~d~ with water and which is directly related tn pollutant effluent standards under 4o draInage systems, municipal'sLeets, manufacturing, processing or raw CFR subehapter N (except facilities with basins, curbs, ~utters- ditches, materials storage araus at an industrial toxic pollutant effluent standards which made channels, or storm drains); plant. The term does not Include are e~n.nted under category {xf) In l0 Owned or oporated by a State, city. discharges from facilities or activiHes paragraph..~.]{14} of this section); town. b4~ county, parish, diatrfc~ excluded from the NPDES program (f0 Facilities classified as Standard assodatiOn. ~r other public body under 40 O='R part I.?.Z. For the Industrial ClussRicatious ~4 {except {ereated by or pursuant to State law} categories of Industries Identified In hav~g judedlcti~t over disposal of para~rapbs lb){14) ti) through (x] of this ~434). Z6 {except ~65 and 267). Z8 {except sewage, industrial v.'usl~, storm water, sect[on, the term Includes. but is not ~.~). ~9. $fl. ~. (except 3~). ~3, 3441. 3?3; or other waste~ Inclndinf spechl ltmlted to. storm wnter discharges f~m 0Hi Facilities classified as Standard districts under State law such as a Indusmal plunt y~ds: Immediate access Ii, dual'iai (~,...~c, atious 1.0 through 14 sewer distrie, t. flood cunt~oi district or roads and rail lines used or Leveled by {mtn~ral fndustryJ Incl..d~ active or d;ainnge die,ct, or a!mfl~' entity, or an carriers of raw materiels, manufactured Inactive mtnfn~ operatious (except for ~ndian tribe or un authorized Indfun ~rnducta. waste material or by-produc~ areas o{ coal mining operationsllo tribal orgunlzatinn, or a desfgunted and used or created by the facility;, material longer meeting the deFmttiun of a approved management agency under hundlL...g sites;, refuse sites: sites used for reclamation eree under 40 ~ 434.1~(1) section ~0a of the G~VA that discharges the epplicat:lon or disposal of process because the performunce bond issued to to waters of the United States: waste waters (as defined at 40 C~ pert the facility by the appropriate (ii) Designed or used for collecting or 401); sites used for the storage and authority has been released, or except conveying storm water:, maIntenance of material handling for araus of non-coal mining operations wMch have been released from an(~f.I) 3ghich is not a combIned sewer:, equipment: sites used for residual Leatment` storage, or disposal: shipping applicable State or Federal reclamation (iv} ~/hfch is not part of ~ Publicly and receiving Leas: manufacturing reqnlramente after December 1.7. ©wned Treatment ~Vot~ks (POT~V} as bull.~!n~ storage areas (Including tank and oil and gas exploration, prodoctiun. de£med at 40 GFR 17:' ?~ farms} for raw materials, and prnoeesing, or treatment operations, or (0) O~t/'o//means a poA~f aoorco a s Intermediate and finished producte: and t~msmisainu facilities that discharge ~efined by 40 ~ 122.Z at the poInt areas where Industrial activity has storm water contamtunted by contact where a municipal separate storm sewer taken place in the past and significant with or that has come Into contact, with. discharges to waters of the United materials remain and are exposed to any overburden, raw material. St·tea and does not Include open storm water. For the categories of Intermediate products, finished mveyanoes connecting two municipal Industries identified In paragrsph products, byprnducte or waste produms ~ ~ para te storm sewers, or pipes, tunnels ('o}(14}(xl) cf this section, the term located on the site of such-operations: ~c other conveyance· Which connect Includes only storm water discharges (Inactive mining operations ere minin~ , ~ -naa of the same stream or other from aU the are~s (except access roads sites that are not boing actively mined. of the United States and are used ·nd reft lines} that are listed In the but w'htch have an identifiable owner! ~ ,...,~vey waters of the United States. previous sentence where material operator;. Inactive mining.sites do not {Io} O~er~or~e,q means any material hand]ln~ equipment or ·cii~ties, raw include sites where mining claims are , any nature, consolidated or materials, intermediate products, final b~in~ maintained prior to disturbances =,,censolidated, that overlies · mlnersl products, waste materials, by-products, associated with the extraction, '~ ~osit. excluding topsoil or similar or ~dusL,'~el machinery ~re exposed to beneficfatlon, or processing o1' Attachment "A" (Continued) Federal Register / VoL ~ No. 22.2 ! Friday. Novernbet 16. lgg0 / .Rules and Regulations 48067 (5} Flow measurements or esthnates of applicable State or local etollon and approvaL Once a purr the flow r~te, end the total amonn( of sedimen( control requirements: approved, group applicants ar~ to .discharge for the storm event,s) (E} Aa estimate-of the runoff submit Pert 2 of the Stoup application to sampled, and the method of flow coefficient af the site ond the increase in the Office of Water F-dforeeme~t and measurement or est!motion: and impetvinus area after the con~tructinn Permits. A. group eppllcallon shell {6~ The date and doratien On hours} of addrossed in the pemdt application Is consist of: the storm event{s] .sampled. rainfall completed, the nature of fill material (i} ~°on' ,L Part ! of a group application measurements or estimates of the storm end ex. tin8 data daucrthin~ the soil or event (in inches} wMch generated the the quaH,ty.~of~e dl~J~a~se: and shall. lA} Identify the participants in the sampled runoff and the duration ~} The · of the recelvin8 water, group applicaUon by name and location. between the sinnn event ~tmpled and {iii} The operator of an existing or new Facilities porti~patin8 in the group the end of the previous mca~erable di~e composed entirely of storm application bhali be Lrs ted in nine ~'ealer than 0.I inch rainfall} storm water f~om an oil or gas exploration, subdivisions, based on the facility event {tn hours): ' production, processing, or treatment location relative to the nine {F} Operaters of a dtsdm~e which is operation, or ttanendsston facility is not precipitation zones indicated In composed entirely of storm water are required to subndt a permit application appendix E to this part. exempt from the requlroments'of fn accordance with paraaraph {c}(1)(I] of lB} Include a narrative description ! 1,Z2.~! {g}(Z}, {g)(3), (gX4L {g}{$}. this section, unless the facility: sununorlzin8 the Industrial activities of {g)~'}(i}, {g}(TRii), and f~gX:Z)(v]: end lA) Has had a discharge of storm (G] Operators of new sources or new water t:esulting in the discharge of a participants of the group application and explaining why the p_a~tfcipents, as a discharges (as defined fn ! "~ ~ of th~s reportable quantity for which whole, are sufficiently s .f~ll_ ar to be part) which are composed in part or notLf]cation ts or was required pursuant covered by a general per~lt; on.ely of storm water must Include to 40 estimates for the pollutants or anytime since November 26,1~a7: or lc} Include e list of significant pantmeters Ibted In paragraph lB) Has had a discharge of storm materlal~ stored exposed to {cXz~(1){E) of tide section Instead of water re~ulting in the discharge of a predpltation by paztlcipents in the actual samplin8 data. ~lon8 with the reportable quantity for which group application end materials ~xu'ce of each estimate. C}p~rators of notification ts or wus requital pursuant management practices employed to new sources or new discharges to 40 ~-~ 110.6 at any time since dt,~t,,~,~h contact by these materials with c~mposed fn part or entirely of storm November 16, lg~'; or precipitation and storm water nmoff; r mast provid& quantitative date for (C~} Contributes to a violation of a 03),ldenllfy ten porcent of the . ..acametem listed In Paragraph . water quality st~.dard, dischargers participating in the group {¢RI](I}(E] of ~ zoctlo~ witidn two (Iv) 'l~e operutor of an axis, ting or new application (w~th a minimum O~ 20 years after commencement of di~:~targe, diSC~lle composed entirely of storm dischargers, end either a n'!n!m'un of unless such data hun already been water from a mln~,$ oporation ts not two did. harem from each predpitaOon reposed under the monltad~ requital tn ~bmlt a permit appHentien zone Indicated In appendix E of this part requirements of the NI~}ES permit for units the discha.,ge ha~ come Into In whlch ten or mote members of the the discharfe. Operators nfs new contact with. iny overburden, raw getup ore located, or one discharger source or naw discharfe which is matadaL Intermediate products, finished from each predpftatfon zone Indicated composed oath'ely of qtorm woter are product, hfl)rnduct or waste products In appendix £ of this part in which nine exempt from the requlremm~s of located on the site o~ such operations, or fewer members of the Stoup are i :t ~ ~ 0cXa)00. {kX$](ll0. and (kX$). (vi Applicants shah provide such located) f:om which quantlinflve data {il) The operator of on exbtln8 or new other information the Director may will be submftied In par~ 2. If more than storm water dis.'k~ge that is associated reusounbly require under J 122.2'1(g)(13] 1,000 facilities are fdantlfled in a 8ronp with indnst~4~l activity solely under of fids pert to determine whether to application, no more than 100 paraardph (bXl4Xx) 'of thb ~o~ ts isene a permit and may require any dizo~ must submit quantitative exempt from the requframene- of fac~ty subject to poraa~'~ph (cX1Xll} of data In Part 2. Gruupa of between four f ~ ~':,=,-'l(g) end poruaraph (cXlXi) of thls tide zoctic~u to comply with paraaraph und ten dlschargem tony be furmed. rectien. Such operutor ~ provide a (cXIX1) of rids section. However. in 8ronps of between four eno narrative description of: (ZJ'~n~4a ap, o//~'on/or ~cAo~,e~ ten. at least ha:f the facilities must (A) The location (tocl-.4s-: a map) a.~McA2te~Jv~Ain~usL, Ya/a~/r/~y. In subndt quantitaUve data. and at least and the nature of the conatru~lon lien of Individual applications or notice one facility in each precipitation zone fn activity: of intent to be covered by a general which members of the 8ronp are located lB) The total area of the alta and the permit for storm water dischergce must submit date. A description o( why arcs of the. site that ts expectad to ussociated with Industrial activity, a the facilities selected to I~erform ndergo excavation during the life of' the group application may be filed by an samplin8 and analysis are permit: entity reprnsenUa8 a group oi' applicants representative of the group as a whole In {C} Proposed measurns, fndudin8 beet {except facilities that have extstin8 term~ of the Information provldedln management practices, to control todlv~lual NPOES perndts for storm paraaraph {c}{1~} {t}(BX and {IRC} of thls :~ollutenta In storm water disdm'aes wares} ~hat are part of the same section, shah accompany this section. ~urfng construction, include8 a brief subcategory {zee 40 ~ subehapter N, Different factors fmpactingJhe nature of ~.escription of applicable State and local part 40~ to 471} or. where such 8~oupla8 the storm water discharges, such as · ' '~ and sediment control is Inapplicable, are sufficiently similar processes used and materiel men~: as to ha appropriate for general permit manaaement, shall be repro.seated, to ~-~ Proposed measures to control coverage under J 1~? '~_~ of this part. The the extent feasible, in a manner roughly ~llutants In storm water discharges part I application shell be submitted to equivalent to their proportion In the al will occur after conatructinn the Office of Water Enforcement and group. ~pe arsons have been completed. Permits. U.S. EPA. 40~ M StreeL SW. (fl] ~a~ ~ Part ~ of a group ~¢1 .ding a brief description or' WasEfngton. DC 2o4eo (F..N-33a} for app.lication shall contain quantitative Attachment "A" (Comtinued) Federal Register ! VoL ~ No. 22~ / Friday, November 16, ll~O ! Rules and Regulations any other point o/access such. as boundaries of ~e municipal storm sewer operate pursuant to legal authority manholes) randomly located thmol~out system, thereby ercatl~ a series of established by statute, ordinance oc the storm sewer system by. pln,'tng · coil~ the applicant will then select series of contracts which authorizes or grid over a drainug .. system map and meier outfalfa la ns ~.~-y cefia ns enables the applicant at a minlmurn to: identifying those ceils of the grfd which postible until at least ~00 malor outlasts contain a segment of the st·an sewer (large municipalities} or ~sO malor {Al Control through ordinance, petm/t. contract, order or ·smiler means, the system or major outs'alL The field outfalfa {medium manlcipaHtiesl are contribution of pollutants to the sareenin~ points shall be established selected: [ fil~[d s(~l'~ntrtv~ analysis shall municipal storm sewer by storm water using the following guidelines and be ~ at thcs· ma]or outlalls, discharges associated with Indus~al criteria: (E'] ~,,~aroc-Ze~r~W~ ,o/o~ informetien activity and the quality of storm water (,ri A grid system consisting of and a proposed program to meet the discharged from sites of industrial perpendicular north4outh and eust-west requi~ .-i,~e~ts of par'a~reph {d}(zJ{iH) of activity;. lines spaced ~ mile apart shall be thls section. ~ ~tion shall (B) Prohibit through ordinance, order overlayed on a map of the municipal include: the locatiun of outlasts or field or ·hailer mean~ illicit diecha~es to the storm sewer system, creeting.· series of scre,'.,~ points apMoprinte for municipal separate storm sewe~. cells: representative data collection,under (C'} Control through o~!n_~ce. {~?l AH cells that contain · segment of paragraph {d]{zl{ii0(A).of this section. · or similar means the diacha~e to a the ·turin sewer system-shall be descrlptioG of why the out.fall or field municipal separate storm sewer of ldlntified: one fi·ad scrcenlng point shall SCreening point fa rapt'es·starsys, the beselectedineschcelhmaloroutfalls 'seusenadu~ing.whicheampilngis sPiHs,dumpingordisposalofmatertals other tha~ storm wat~ may be used as field screening points: intended, a deicrlption of the sampling (Dl Control through in'ter~ency {~ Field screening points should be equipment. The propo·ed location of located downstream of any sources of outfalls or field sere~m~-,~,o'points'for such agreements among COal~licants the · uspected IH·gal or illicit activity;, sam?ting should reflect water quality contribution of poilutsnh from one portion of the municipal Sl~stem to {t9 Field scre,.,,~ng points shall be concerns {~ee para~aph {d~(1)(lv)(C) of located to the deg~e practicable at the thfa section) to the extent practicable, another portion of the municipal ·ystem: farthest manhole er other acoeuible (vD M~eme~raa~ (Al A (E) Require compliance with location downsh-etm in the s~tem, description of the existing management conditions In ordinance~ permlt~ within each ,*~ however, ecfety of programs to coah'ol pollutanta from the contracts or orders: and personnel and aeceuibiHty of the municipal separate storm sewer system. {F~ Carry out all Inspection. 'ion should be cons rd·red in mak:f~ The description sl,,,tl provide sttrvalfiance and monfioring procedures .leter,~h,- tion: Information on exlattng structural tad necessary to determine compliance end t6) Hydzo[ugfcal comliilons: total ~ouroe controls. Incl~,~.,g operation end noncompliance with permit conditions drainage arcs of the ifte~ population maint~n~n~ mensurce for structural Includi~ the prohibition on illicit den·fry of the alta: traffic density; age of controls, that are cos'early bein~ discharge· to the municipal separate stoem sewer. the ·tructorea or buildings fn the area: Implemented. Such cuntrols may history of the aro~ and toad uce type~. Include. but ere not limited to: of any me~or outfall thqt diseharges to (6) For medium munldpal separate Procedures to control pollutfon resaltintl storm sewer sYstems, no more thou ~':0 from coustractiun ·ctivitie~ flundplaln watum of the Unfted Stetce that was not col~ need to have _l,'Je-_titlnd field management conh~cls; wetland repo~ed under paragraph screening points; in ~ munlc~al protection measure~: best management of this section. Provide an inventory. · eparate storm sewer systems, no more practices for new subdiv~fon~ and organized by watershed of the name an:l than ~ cells need to have rd·stifled em~ spiH response prngr~.~ · The address, and a descrfpilen (such as SIC field screening points; cells established description may addre~ coat;tufa codes) which best reflects the principal by the grid tbet contain no storm sewer established under State law as welt'as products or servfces provided by each segments will be ~,l;-,J,~,.ted from. lo·al requfrements, facility whfch may discharge, to the consfderetian; ff fewer !l~ ~50 cells in lB) A description of the existing murdcipal separate storm sewer, storm medlum municipal ·swum are created, program to Identify IHinft connectinns to water associated with industrial and fewer than ~ in la~e systems are the municipal storm sewer system. The activity; created by the overlay on the mrmlctpal deecrfptiun should include inspection (IH} ~o.'~e~za~/on dafo. When sewer map. th~n all thcee calfs which procedure· end maibods for detecting "quantitative data" for a pollutant are contafn · se~mcot of the sewer systum and preventing IHlcft dls,-~a~e~, and required rmder parugreph s.hail be subject to field anre...,t.,~ descrlb~ ar·us where ~ program has {d)(al{IH){A}($J of figs paragraph, the ~unless accuss to the separate storm been implemented, applicant must collect · sample of sewer ay·tern la imposstble]~ ~nd (',dj is~ac~ ,~e.~u'x~e.s. (Al A effluent In accordance with 40 ~ [~) Large or medium muninfpal descrfption of the finendal resource· 'l~'l(g}(~J end emalyze It for the ~ eparate ·turin sewer system~ which are cusrentl~avatiable to the municipality pollutant In accordance with analytical u~able to u~t!!~_ the proc~'dures to complete part ~ ut' the permit methods approved under 40 CFR part ,~escribed Inparugraphs (dRIRiv}(D} {~} application. A descrlptioa of the ~ When no analytical method Is arough {6) of this section, because · munldpallty's budget for existing storm approved the applicant may use any ~'liclently detailed map of the separate water progran~ including an overview suitable method but must provide a ~,orm sewer systems la un~vailabin, of the municipality's financial resources desc~'tptien of the n~ethed. The applicant ,'" field screen no more than ~ or and budget. Including overall must provide Informatian cheracterlzfng Jor outfeils respectively (or all Indebtedne·s a~d assets, and ·ottrces o~ the quality and quantity of discharges % . outf·Rs in the syste/n* Ii'less): in funds for storm water program~ covered in the permit appli~:ation. ~ch circumstances, the epplicont shall (Il .oo..~ ~_ Part ~ of the application including:. lsbllsh a gild system consisting of shah consist of: (Al Quantitative data ~ · ~t'lh-south sad eust-west line· spaced ti) ~tdeqn~/e~o/o~A~t,/. A representative outfalls desf~nated by mile apart as an'overlay to the demonztratiori that the applicant cern Director {b~sed on i~(ot-me~ion received Attachment "A" (Continued) Federal Register / VoL ~. No. Z22 / Friday. November 1~ lg<JO / Rules and I~.egulations to) A desoriptinn of a program. (5} A des~iption of a program to characteristics of soils end receiving including a schedule, to detec~ and promote, publlc/xe, and facilitate, public water quality; and remove (or require the d~ to the r~porllng of the presence of Ililcit {4~ A description of appmprlate municipal ~eparete glorm s~wor to discharges or water quality impacts educational and trafn~ measerel~ for obtain a separate NPOES permit for} asen~ated with discharges from construction site operators. tillcit discharges end fmi~opar dlspuaal municipal separate stone sewers; iv} As#v#sme. nt ofcont~/#. Estimated into the storm so..vor. The proposed {tO A description of educatiotMl . reductions in loadings of pollutants from program shah include: activities, public information activities, dise~s of municipal storm sewer {1} A description of · pro, am. and other appropriate activities to constituents from municipal storm sewer including inspections, to implement and facllfinte the proper t-.-n~ement and systems expected as the result of the enforce an ordinanoe, orders or almflar dispuaal of need oil zed texi¢ ma tertels: fnunicipal storm water quslity means to prevent illicit dis~ to the and management program. The as~essu:ent municipal separate storm fewer sys te.n~ (;'J A descrfptim~ of controls to ~!~R shah nbs Identify known impacts of this program de. sa Iptiou shah address Inf'diretion of seepage from municipal storm water controls on ground water. aH types of illicit diseharges. J~owevor sanitary sewers to municipal separate (vf).F/$ca/ona/ya/~;. For each fiscal the following categoo' of na~4tofln storm sewer sysg.*~ where necesanry; year to be covered by the permit, a water discharges or fiows shall be (C]A description of a program to fiscal ~na!ysts of the necessary capital addressed where such discharges are monitor and controi poll~tsnts in storm zed operation and maintenance Identified by the municipality as ~oorces water discharges ~o municipal systems expe. m:litures necessary to accomplish of pollutants to waters of the United from municipal landi"flls, hazardous the activities of the pine"ams under States: water l~e tqnshtng= lambcai~e waste treatment.' d~sp<Mal tad recovery paragraphs {d)(~) {lil}.and {iv] of this Irrigation. diverted atream flows, rising facilities. Indttstriel facilities that are section. Such analysis shsfl include a ground waters, uncovt-.~t--ted f~o~.~ subject to section 313 of title HI of the description of the source ~ funds that water infiltration {as defined at 40 CI-I< ~uparfond Amendments and 3~.200~0)J to separate storm sewer~ Reauthorteation Act of 19~6 {SARA). are propnsed to meet the necet.qry expenditures, f~luding legal res~ctious uncomtaminated pam~ [n~tn~l water, ami industrial facilities that the on the use of sunh funds. ~i~chargee from potable water sources, m-.~b:/_ pal permit applicant determlnes [vii] Wbere more then one legal entity foundation drains, air co~litio- t~g are cootx'fbuting a substantial poHutent enbmlts an application, the application condensation, irrigation water, spr~ ion.4~ng to the municiped storm sewer water from trawl space pumps, footing systenL The pregram shall: · shall contain a description of the roles dr lawn watedn& individual {/} Identify priorides and procedures and responalbllities of each legal entity ce Oai car washing, flows from for fnspactioua and establishtn~ and ami procedum~ to ensure ~.ffeciive riparian habitats and wetlands, implementing control measures for each coordt~ntion. discharges, and street wash water {~ ~esorfloe · monitoring.prngram for paragraph (d~l)(fv)(E]. ~.ram deserlptions ~ address storm water 'dis.-J~.~.s aescolated with {d}{zJ(llf}0~ zed {d]{z}(iv} of tide section the Industrial facilities identified fn are not practicable or are not applieabie. di~hv~.s or flows f...~ fire fl~hting 0ely where such discha~ or flows a.~ para~rp_ph {d}(tXlv}(~ of this section, in the Director may exclude un, operator kientiF...d aa st?!ficent soul.es of be implemented during the term of the' of · df~ from a municipal separate p~lutants to waters of' the ~dted pern~ fnclnd~ the submbsien of storm sewer wMch. ls de. ted under S~tes):. quantitative data on the following paragraph {a}(lXv}. {bi(4}{10 or {b}(TRti) {2} A description of procedures to constituents: any pollutants limited fn of tide sec~on from such ~-quirementr. The Director shall not exclude the -~aduct on-.~oing field screening effluent guidelines subcategorfes, where ~¢t~vities during the life of tbe permit, appllcable~ any pollutant listed fnze oparat~r of a discharge fram a munlcipal ncl~in~ 8real O~_ J~:ltiOl~J that ~ be exlsti/~ NPDES pere~t for a facility: off separate storm sewer Identified in :valus ted by auch lieid scrnens: ami ~rense. COD. pH. BODe. To-o~ total appendix F. CA H st: i of part 122. from {3J A description of prnondure~ to be phesphores, total KJeldeM nit~ogen, any of the perotlt applleation 'o lowed to investigate purlines of the nitrate plus nit, re nitrogen, and any requirements under this paragraph ~p~rate storm sewer system that. buaed Informatiou on discharges required except where authorized under this ~n the results of the fteid ~ or tudor 40 ~-~ X22.2'l(g}{7} {ilO and {iv}. section. ~er a~propriate Infocmatina. Indicate a (DJ A description of a prosram to {e} Apph'entiofl deadli;fe~ Any :saonable potential of containing filicft implement end m&tntaln structural and operator .of a point source required to i tee. barges or other sources of no.storm non-4tructural best management obtofn a permit under paragrnph ~ s tar {such precedores may fnoiude: prectice~ to reduce pollutants in stetro of thla section that does not have un empHn~ precedores ~or coaititnents wator runoff from coustructino, sites to effective NI~}ES permit covering its ~ch as fecal coliform, fecal the municipal storm sewer system, storm water tull'ails shah submit an reptococoua, surfacta~ts 0qdlL~S}. wldch shall Include: api~licatioa in accordance with the · .ideal chlortnn, fluorides an.4 {I) Adef. crlption of procedures for site follow~ng deadlines: ~tassfum; testing with fluorometrte planting wtdch ~ncorP°rate . (1} For an)' staten water discharge associated with industria! activity .cs: or conducting in storm sewes consideration of potential water quality identified in paragraph (b}(14) (fJ-(xf} of :pections where safety and other impacts: nslderatlohs allow. Such deserlption {2) A description of requirements for this sectian, that is not pat of a group el! t-.dude the location of atorm nonstructurtl and structural best application as described In paragraph tat have been Identified f~r management practicorg icj(e*} of Ods section or wMch Is ~. ..loutish}: (3} A desc~ption of procedurea for covered under a promulgated storm ~'} ^ description of procedures to identifying priorities far L. upecting sites water general permit a permti vent. contain, end respond to spills and enforcing coflt~-ol measures which application made pursuant to paragraph may discharge into the municipal consider ~ nature of the coustructign (¢} of this section shall be submRted to crate storm sewe~ activity, topography, and the the Director by November ~8. '199'1: Attachment "A" (Continued) Fe~l~ ersl ReSister f, VoL~as, 'No, ~'~..~ Friday, Noyember 16, 1~ / R~es and Relations 7. ~n ~ ~ am~ by ~e a~ve~ of ~e ~te of ~e app~gon ~der ad~q p~Ph {c) ~ ~ad as foHow~ bsu~ of ~e ~t for su~ syste~ {dJ(2](v} of ~s ~e ~ shah ~ud~ (4) A s~a~ ofda~ ln~udi~ ! ~4~ ~ ~ ~ (1} ~ stat~ of ~plemen~ ~e monlto~ da~ ~at ~ a~ated ! I~ ~a~t p~ ~at a~ (5) ~u~ ~n~t~s and budget ~tab~h~ as ~t ~n~gons: for ye~ foHo~ ea~ ~ual ~po~ ' (6] A'I~ d~l~ ~e n~ber (~] ~s~ ~es to ~e sto~ and nat~ of ~ent a~ons, · ~t~. ~ o~tor of a I~ ~ estab~hed as ~t ~n~o~ Su~ ~e~c~o~ ~d ~bEc eduction m~ m~ s~mte s~ sew~ p~ ~s s~H ~ ~nslstent P~ s~tem ~ a m~dpd ~p~ s~ ~ { ~ ~d}(~]~) of ~s pa~ and (7) Iden~flon of water quality fmp~vem~ or d~tio~ .ew~ ~t ~s ~en des~ ~ ~e (3} Re~fo~ ~ n~ssa~, to ~e Df~ ~d~ ! ~ ~a)(1)(v] ~ ~ as~s~t of ~n~ls and ~e fiscal 7a. P~.I~ f~ ~end~ by add~g p~ m~t submft an ~ual ~ ~ a~lys~ ~ ~ ~e pe~ft appendi~s E ~ I as follows: ~ E ~ P~ ~aH ~n~, of ~e U~t~ S~tes so~ Attachment "A" (C~ntinued) Federnl R~gtsler / VoL 55, No. ~.2 ! Friday. November 16. 1090 / Rules and Regulations A~IF ~an Water A~ ~ U~.~ I~I dete~ine, on n o~e-by~se basis. ~at (cJ ~or to a ~se-by<ase et ~. ce~alu ~n~n~ated an~al feedi~ dete~lnation that an individual pe~it g. ~c~on I~ la amended b~ o~raflons (~ I~ ~. ~n~n~ated Is required for a ~to~ Waler disease revisl~ pa~aph {a)(g) to ~ad as equate a~al p~uclion [a~liltes under thls ;ection (see ~ ~ follows: (t I~ ~4). ;to~ water dis~a~es (a)(IJ[v) and (cJ(l)(vJJ. Ihe Regional (i l~J. and ~a~ o~er famines A~ints~ator may requ;~ i 1~5 R~n~ f~ ~ cove~d by gene~l pe~i~ (~ 1~ ~8) disaster to submit a pe~it {a] ~at do not generally req~ sn {gJ [ l~Sto~ water appli~flon or other Info~ation dis~esJ; Ink,dual pe~lt my ~ req~ to ~8a~i~ ~e disease under section obta~ an ~di~dual ~t ~use of ~ of ~e ~A. In requiting such '* ~elr ~n~bufions to water ~Uuflom ln[o~atio~ the Resional Administrator P~T 12~~ FO~ ~) ~eneyer the R~on~ shall notify ~e disaster In writing and A~s~tor derides ~at ~ h~dual ehaU send an appIl~tion fo~ with the D[~ISIO~ING pe~t la ~ ~der ~s ~o~ notice. ~e disaster must apply for a 1~ ~e eu~od~ d/agon for pa~ 124 ex,pt ~s pm~d~ ~ p~ph (c) of pe~lt ~der [ 1~6 within ~ days of ~n~ues to ~ad as fo~ows: ~ls se~o~ ~e R~onal A~Je~ator noti~, ~less pe~ission for a later date A~ ~*o~ ~n*~edoa ~nd shall noGfy ~e di~er ~ ~ of is granted by ~e Regional ~ve~ ~ ~ U&~ ~ et ~ ~fe ~at derision and ~e ~a~ for I~ and A~t~s~tor- ~e question whether the Od~ W~t~ A~ ~ U~.~ ~ et ~ shall send an appl/~fion fo~ ~ ~e ~eaa Weler ~ ~ U~C 1~1 et ~eq~ end no~. ~e ~s~er m~l apply for a initial designation was proper will ~maln open for ~sideralion duNng ~eea ~r AcL ~ U~C !~ et ~. pe~t ~der [ 1~1 ~ ~ days of ~e public comm~nl~e~od under noti~ ~ess pe~ssion for a later date 11. ~ction IIi.SI Is ~vised Io ~ad es Is ~led by ~e Re~onal ~ ! 1~4.11 or i ll4,11~nd in any follows: A~s~alor. ~e quesUon whe~er ~e aubsequeni heaNng. [ 124~2 P~ ~ ~ a ~ desi~at~on was proper ~U rema~ Not~ ~e following fo~ will not appear in ~ a..~. open for conside~on d~ ~e public ~e ~e of Federal Regulatiods. (a) Ve~o~ sec~o~ of p~ 1~ cogent pe~ ~der [ 1~4.11 or ~ ~ ~ subpa~ B aUow ~e Dive,or 1o [ 1~4.118 and ~ any subsequent hea~. ATTACHMENT "B" "ANNUAL MONITORING COSTS FOR DADE COUNTY AND JOINT APPLICANTS" Municipality/Agency Number of Percentage Total Dollar Contribution for Outfalls of Outfalls NPDES County Plus J. 1. Bal Harbour Village 11 0.3 1,800 2. Town of Bay Harbor Islands 54 1.6 9,600 3. City of Coral Gables 104 3.0 18,000 4. Dade County3 1,644 47.4 284,400 5. Fla. Dept. of Trans. (FDOT) 740 21.3 127,800 6. Town of Golden Beach 39 1.1 6,600 7. City of Hialeah Gardens 4 0.1 600 8. City of Homestead 6 0.2 1,200 9. Indian Creek Village 13 0.4 2,400 10. Town of Medley 1 0.1 600 11. City of Miami Beach 206 5.9 35,400 12. Miami Shores Village 36 1.0 6,000 13. City of Miami Springs 2 0.1 600 14. City of North Bay Village 52 1.5 9,000 15. City of North Miami 163 4.7 28,200 16. City of North Miami Beach 222 6.4 38,400 17. City of Opa-Locka 9 0.3 1,800 18. City of South Miami 12 0.3 1,80(/ 19. Town of Surfside 12 0.3 1,800 20. City of West Miami 2 0.1 600 21. Village of Key Biscayne 23 0.7 4,200 22. City of Aventura3 110 3.2 19,200 Totals: 3,465 100.0 $600,0002 j. A. is Joint Applicant Total Annual Cost for County and Joint Applicants' NPDES Requirements Revised 04/28/97 Adding City of Aventura. Changes affect only Aventura and Dade County