HomeMy WebLinkAboutZoning Officers Report 3.15.2006 - Stormwater Coalition.PDFWrIIxgv nl $.aryga Heigh!*
MARCHAM HALL
836 HANSHAW BOAD
IIHACA, N.Y. 14850
ZONING O.FFICER'S REPORT
Telephone
607-257-1238
Otfice Hours
9A.M.-4P.M
DATE:
TO:
FROM:
RE:
Therefore, the
March 15,2006
BOARD OF TRUSTEES
Brent A. Cross, Village Engineer
Stormwater Coalition
REPORT: In 2003, the NYSDEC issued new permit requirernents regulaiing stornwater management
and adrninistration as required by USEPA Phase ll Stormwater Regulations. The new permit requires that
small Municipalities with Separate Storm Sewer Systems (MS4), including the Village, to implement a 5 year
plan to develop the legal and administrative program structure..You may recallthail have to prepare a
lengthy annual report to document the Village's progress on implementition of this program.
Since the beginning (2003), staff members fronr all of the surounding MS4's wiihin Tompkins County have
been meeting on a regular basis to work on developing the necessary documentation of each municipalities
programs. This group has been very helpful in providing the Village with required training opportunities and
glher permit compliance assistance. Tne group has unofficially aited as the "stormwatei Working Group".
This group has been active in preparing grant applications ani providing training opportunities to-the
municipal staff/officials as required by the permit. Since the grants and training involve the act of receiving
and spending public funds, it has been recommendgd that the group be given a formal structure and receive
endorsement from the participaiing municipalities.
Therefore, to address this recommendation, the Tompkins County Planning Department has drafted a
Memorandum of Agreement (MOA) to Create the Stormwater Coalition of Tompkins County. I recommend
that the Village endorses the coalition and authrtrize the Mayor to sign the MOA.
RESOULTION XXXX: TO ENDORSE THE STORMWATER COALITION OF TOMPKINS COUNTY AND
SIGN MEMORANDUM OF AGREEMENT
Whereas, the Village of Cayuga Heights is a MS4 as designated by the NYSDEC SPDES GP-02-02 (permit),
which requires the Village to meet specific administrative and legal programs to address stormwater
management, and
Whereas, a Memorandum of Agreement has been drafted to create the Stormwater Coalition of Tompkins
County to provide guidance and assistance in crrmpliance with the permit regulations, and now
Therefore, the Village of Cayuga Heights Board of Trustees hereby endorses the Siormwater Coaliiion of
Tompkins County and authorizes the Mayor to sign the Memorandum of Agreement, and
Therefore,
and
the Trustees hereby appoint the Village Engineer to represent the Village on Coalition activities,
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Trustees agree io provide financial support'for coalition activities. tq/ t-<-'t-
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MEMORANDUM OF AGREEMENT TO CREATE
THE STORN{WATER COAIITION OF TOMPKINS COUNTY
WHEREAS, the United States (U.S.) Environmental Protection Agency (EPA) prornulgated the phase II srormwaterregulations (regulations) in 2003 tlat require own€rs and operJors of small Municipal Separate Storm Sewer Systems/atd/ \. .(MD+s/ ur urbamzed areas to obtain a permit to discharge stormwater to the waters of th.
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WHEREAS' the EPA requires MS4s in New York state to obtain permit coverage under the New york state pollutionDischarge and Elimination systems (SPDES) General P.;;i; Stormwater Discharges from MSt4s (Gp-02-02); and
WHEREAS' to maintain coverage under G1-02-02,regulated Ms4s must prepare and impiement g stormwatermanagemenf program that includes the six minimum cirntrol measures as desiribed in Gp-02-02; and
WHEREAS' the MS4s receiving GP-02-02 coverage have been meeting since octob er z003to identify common elementsand collaborate on the implementation of their storinwater *u*gr*rnt prans, and
WHEREAS, by working collaboratively an{ cooperatively to meet the requirements of Gp-02-02, MS4s can make moreefficient use of resources allocated to rneet the requirements of Gp- 02-02; ard, vr -vL'vL) rY'rD'is uiilr
.
WHEREAS' this Memorandum of Agreement (Agreement), among the regulated MS4s will create the StormwarerCoalition of Tompkins Counfy (Coaliion); and
WI{EREAS, the members of the Coalition will work collectivelyto meetthe requirements ofthe u.s. EpA phase IIstormwater regulations (40 c'F'R' sections.g, 122, 12!,
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nq) anathe New york state Deparhnent of E'vironmentalconservation's NYSDEC) SPDES General Permit ro, storrn*uier Discharges from MS4s (Gp-02..02), and anyamendments thereto; and
Now' TI{EREF0RE BE IT RES0LVED, that in consirleration ofthe mutual covenants and agreernents hereinafter setfortli, members of the Coalition agree as follows:
I ' TERM' The term of this agreement shall commence o:r ffos dat€ of signatffe and terminate on March 3 l,2008, so as to coincide with the terms of GF-02-02, unless otherwise Jxtended, renewecl, or revised.
2. PURPOSE. The purpose of the Coalition is to:A' Exchange information and foster cooperation among MS4s to assist MS4s in compliance with the EpA phaseII stormwater regulations;B' Facilitate the use of resources to assist MS4r; in meeting the requirements of the U.S. EIl4 phase IIstormwater regulations and the permit conditions of Gp--02-02 issued by the NySDEC;C' Identit'fuoding mechanisms to meet the furancial needs of complying *iti, th, phase II. Stonnwaterregulations and Gp-02-02 ;D' Protect and/or improve local rvater quality in accordance with State, County, and local water qualityregulations, planning documents and policies; and,E' Facilitate consistency of stormwater management and regulations across rnulicipal bou-rrdaries.
3. MEMBERSIilP
A' Each regulated MS4 shall designate a representative and one or more alternates to serye on the Coalition.These representatives will constitute the Coatition members and will Ue iespoosiule for acting on behalf oftheir respective MS4s on matters rq* u_, ficilitating the pa5rment of the anlual membership fee, makingdecisions about financial matters reiated to the actiiitim of tl, Coalition, and other administrative maners.T)E' rhe uoalltlon may admit non-permitted MS4s and municipaiities as members atthe discretion of the' Coalition so long as these members agree to undertake all rights and responsibilities inchded in thisAgreement and furlher conditioned upoo pu5*ent of the fuliannuai membership fee for that calendar year.
D.
The Coalition ma)/ also approve ex officio representatives of agencies that provide technical or advisory
assistance to the MS4s in meeting these regulations.
The Coalition shall adopt by-laws relating to the conduct of its proceedings and such other administrative
matters as it may deem appropriate. J
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4. FINANCIAL OBLIGATION Ou"'' - J'W '
A. Each permitted MS4 Coalition member shall pay an annual membership feb, which will be used to help fulfill
B.
C.
the requirements of GP-02-02. The initial fee schedule rs detailed in the "Proposal to Fund the Tompkins
County Stormwater Working Group in 2006 (approved by the Stormwater Working Group on August 24,
2005)". Future fee schedules shall be establishba Uy ttr. Coalition and detailed in by-laws for the-Coalition.
The Coalition shall submit an invoice forthe fee tolach Coalition member annuatly.
The Coalition shall designate and authc,rize a qualified entity to hold and manage separate accounts on behalf
of the Coalition, where the annual fees and other funds shall be deposited. These accounts shail be created
explicitly for the use of the Coalition. Such d.esignation shall be revierved and re-authorized onan alnual
basis.
D. The process for determining the Coalition's budget and approval of expenditures will be outlined in the by-
laws for the Coalition.
E. The Coalition shall not incur any financial obligations in excess of the funds available to the Coalitiol.F- Any Coalition member may withdraw &om this-Agreement upon adoption of resoiution by their legislative
bod5' 316 upon 60 days written notice tcr the full membership of the Coalition.
5. TERMS AND CONDITIONSA This Agreement may be mod.ified or amended oniy in writing and duly executed by all Coalition members.B- Each Coalition member shall be solely responsibleand liable for its own activities nnder this Agreement,
$_ob3ol"g its pelmit coverage under the SPDES General Permit for Stormwater Discharge, fro* MSis
(GP-O2-O2), and for the preparatio4 inrplementatio4 operation and maintenimce of its own stormwater
management program including, but not limited to, the required minimum control nleasures.
6. MISCELLANEOUS
A. This Agreement constitutes the entire Agreement among and between the Coalition rnembers and supersedes
any and ali prior Agreements between the parties hereto for the seryices herein to be provided. Thi
Agreernent shatl be governed by and construed in accordance with the laws of New York State without regard
or reference to its conflict of laws and prjnciples.B. If any provision, paragraph, sentence, or clause of this agreement shall, for any reasrln, be held to be invalid
or unenforceable, the invalidity or unenfbrceability of such shall not affect the rema.inder of this Agreement
and this Agreement shall be construed ard enforced, consistent with its expressed purposes, as if sich invalid
and unenforceable provision, paragraph, sentenca, or clause had not been iontained herein.C. If any member withdraws from the agreement pursuant to Section 4 above, the Agre ement remains binding
for remaining members.
D' Each Coalition member represents and warrants to the Coalition, and to the other Coalition members, fhat it
has been frrlly authori zedta execute and to perform this Agreement, and that its execution and performance of
this Agreement will not violate any legal duty or restriction.
7. DGCUTION
IN WITNESS WHEREOF, this Agreement is signed by the duly aufhorized representatives of the regulated MS4s
on the date written below.
Tompkins Counfy
Town of Dryden
Town of Lansing
Town of {Ilysses
Village of Cayuga Heighrs
Town of Caroline
Town of Ithaca
Town of Newfield
City of Ithaca
Village of Lansing