HomeMy WebLinkAboutResolution 10-64 11/15/2010RESOLUTION 10 -64 -
AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN OREGON
DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE CITY OF SPRINGFIELD, OREGON FOR
CONSTRUCTION ACTIVITIES AUTOMATICALLY COVERED BY NPDES 1200-C
WHEREAS,~In accordance with the 2001.Springfield Municipal Charter and by the authority granted in
ORS 190.10, units of local government may enter into agreements for the performance of any and all
functions and activities that a party to the agreement, its officers or agents, have authority to perform,
and ORS 468.035 and 4686.020 authorize Oregon Department of Environmental Quality (DEQ) to
cooperate with other agencies and political subdivisions of the state with respect to matters pertaining
to the control of water pollution; and
WHEREAS, this agreement sets forth minimum requirements to assure eligibility of owner or operators
of construction activities within the jurisdiction of City of Springfield for automatic coverage under
National Pollutant Discharge Elimination System stormwater Discharge General Permit No. 1200-C
issued by Oregon Department of Environmental Quality (DEQ); and
WHEREAS, DEQ, pursuant to ORS Chapter 4686, is the state agency primarily responsible for preventing
water pollution in the state from most sources. DEQ is authorized by the Federal Clean Water Act to
issue National Pollutant Discharge Elimination Permits including the 1200-C permit for construction
stormwater; and ,
WHEREAS, schedule A, Condition I of-the 1200-C Permit provides that registration for coverage under
the 1200-C Permit is not required for certain types of construction activities in certain local jurisdictions,
including the City of Springfield, that already have construction stormwater programs that include plan
review, ordinances, site inspections and enforcement; and ~
WHEREAS, City of Springfield's NPDES MS4 Discharge Permit, and the City of Springfield municipal code
properly establishes erosion prevention and sediment control requirements designed to adequately
implement stormwater, pollution prevention practices; and
WHEREAS, DEQ has reviewed City of Springfield's erosion prevention and sediment contro,I inspection
program, and its standard operating procedures, and determined that City of Springfield's program
meets the requirements the Environmental Protection Agency (EPA) has placed on DEQ through the
Performance Partnership Agreement between EPA and DEQ; and
WHEREAS, City of Springfield and DEQ wish to ensure that construction activities otherwise eligible for
automatic permit coverage under the 1200-C Permit will retain such eligibility for such construction
activities that occur within City of Springfield's jurisdiction;
WHEREAS, DEQ and City staff have negotiated the terms of an IGA which allows for the City of
Springfield's erosion prevention and sediment control program to provide automatic coverage afforded
by DEQ for construction activities meeting the conditions described in Schedule A. I of NPDES 1200-C
permit issued by DEQ; and
WHEREAS, staff has submitted a report reviewing the terms of the Intergovernmental Agreement and
recommending that the agreement be approved; and
WHEREAS, the Council has reviewed the terms of the Intergovernmental Agreement and is fully
informed as to the contents thereof, and has determined that it is in the public interest to enter into the
agreement.
NOW THEREFORE, BE IT RESOLVED, the common Council of the City of Springfield finds and determines
that it is in the public interest to enter into the Intergovernmental Agreement between Oregon
Department of Environmental Quality and the City of Springfield, Oregon for the Construction Activities
Automatically Covered By NPDES 1200-C; and
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to execute the
Agreement, with such changes or amendments thereto as he shall determine to be necessary to
effectuate the direction of the Council and give effect to the terms of the Agreement, such
determination to be evidenced by his execution of the Intergovernmental Agreement between Oregon
Department of Environmental Quality for the Construction Activities Automatically Covered By NPDES
1200-C; and
BE IT FURTHER RESOLVED, that the city Manager is hereby authorized and directed to inform DEQ of
the intent of the City to enter into such Agreement by transmitting a copy of this resolution to the
Oregon Department of Environmental Quality; and
BE IT FURTHER RESOLVED, that this Resolution shall take effect upon adoption by the Council and
approval by the Mayor.
Adopted by the common Council of the City of Springfield, Ore a vote of ~ for and
0 against, this 15th day of November 2010. ~. ~
l~
ayor
ATTES
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City Recor r
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RESOLUTION N0. 10'64