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R-833 - 02/11/2003 - STORMWATER - Resolutions ExhibitsRESOLUTION SM- 0005 -03 DECLARATION OF COOPERATION WITH THE MUNICIPALITIES OF DUPAGE COUNTY IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II COUNTYWIDE STORMWATER PERMIT PROCESS WHEREAS, the County of DuPage ( "County ") has been provided the statutory, authority, by the Illinois General Assembly, to enter into agreements for the control of destructive floods, storm1water management, for the conservation, regulation, development and utilization of water, waterways, water resources and other related purposes, as set forth in the Counties Code, 55 ILCS 5!/5 -1062, and 515- 15001, et se q.; and WHEREAS, in accord with said authority, the County has adopted the DuPage County Stormwater Management Plan which recognizes stream maintenance, erosion control, and water quality l an integral part of the proper management of storm and flood waters; and WHEREAS, the United State's Congress adopted the Clean Water Act in 1972 as a comprehensive effort to improve water quality throughout the nation via a series of federally mandated programs; and WHEREAS, the National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater program is a mandate of the Clean Water Act and requires permit coverage for stormwater discharges from certain regulated small municipal separate storm sewer systems; and WHEREAS, it has been determined by the United States Environmental Protection Agency,that all municipalities in DuPage County, as well as the County of DuPage, shall be required to apply for a NPDES Phase II stormwater permit; and WHEREAS, the NPDES Phase II permit requires that all applicants submit an application or Notice of Intent to the Illinois Environmental Protection Agency (IEPA) together with a stormwater management plan (hereinafter referred to as "Plan") that identifies: best management practices (BMPs), measurable goals for the six minimum control measures; a timetable for implementation; and identifies the person(s) responsible for implementation of the Plan; and WHEREAS the six minimum control measures that need to be addressed by permit applicants are: 1. Public education and outreach on stormwater impacts, i Public involvement/participation, 31 Illicit discharge detection and elimination, 4! Construction site stormwater runoff control, 5: Post - construction stormwater management in new development and redevelopment, 6; Pollution prevention/good housekeeping for municipal operations; and WHEREAS, the NPDES allows municipalities to identify "local qualifying programs" as a mechanism to meet the Phase II permitting requirements; and eri r WHEREAS, local qualifying programs are defined as a local, State or Tribal municipal stormwater program that imposes requirements that are equivalent to those of the Phase H minimum measures; and iIWHEREAS, DuPage County municipal representatives have worked through the DuPage Mayo s and Managers Conference's Regulatory Issues Committee, and with DuPage County staff, to research different permitting methods; and WHEREAS, the DuPage Mayors and Managers Conference's Regulatory Issues Committee, and County staff, have come to the conclusion that pursuing a countywide general permi i t and co- permitting with the County of DuPage is the most prudent approach; and WHEREAS, a countywide general permit has the benefits of reducing duplication of efforts land costs associated with program development and implementation and creating a partnership between municipalities and the County to prioritize for maximum effectiveness the limited, funding available for water quality improvement; and WHEREAS, DuPage Mayors and Managers Conference has passed resolution #2002 - 2003 -018 supporting the development of a county -wide general permit and co- permitting process and encourages its members to work jointly with the County to comply with the federal mandate requirements of NPDES Phase H; and WHEREAS, DuPage County and the member municipalities of the DuPage Mayors and Managers Conference are prepared to jointly develop a NPDES Phase H Plan that will outline the development of or utilization of local qualifying programs to meet the requirements of the six minimum control measures prior to the application deadline of March 10, 2003, including measurable goals for each best management practice identified and a schedule for implementation. WHEREAS, the purpose of the Intergovernmental Cooperation Act and Article 7 of the Constitution of the State of Illinois includes fostering cooperation among governmental bodies; and WHEREAS, DuPage County and the member municipalities of the DuPage Mayors and Managers Conference are each public agencies within the meaning of the Illinois "Intergovernmental Cooperation Act ", as specified at 5 ILCS 220/1, et seq., and are authorized by Article 7 Section 10 of the Constitution of the State of Illinois to cooperate for public purpose; and r WHEREAS, based upon the above grants of authority, the County is duly authorized to act in accord with DuPage Mayors and Managers Conference Resolution #2002 - 2003 -08, and may work with participating municipalities towards the development of a county -wide general permit and co- permitting process; and WHEREAS, the DuPage County municipalities have requested, individually and by and through I the DuPage Mayors and Managers Conference, that the County declare its support for the goals and objectives of the DuPage Mayors and Managers Conference Resolution #2002- ! 1 I i a 2003 -08 as a step towards undertaking the aforesaid cooperation; and WHEREAS, the County Board's Stormwater and Environmental Committees have each considered this matter and each Committee, in turn, recommends that the County Board publicly support the goals and objectives of the DuPage Mayors and Managers Conference Resolution #20021 2003 -08, and that County staff commence collectively participating in the development of a NPDES Phase II Plan and Local Qualifying Programs with DuPage County municipalities; and WHEREAS, said Committees have also determined that, subject to the development of an acceptable NPDES Phase II Plan and Local Qualifying Programs, it is in the County's best interests to pursue a countywide general permit and co- permit with other DuPage County municipalities as the most prudent approach of meeting the NPDES Phase II permitting requirements. NOW THEREFORE, BE IT RESOLVED, the COUNTY agrees to collectively participate in the development of a NPDES Phase II Plan and Local Qualifying Programs; and share information and documents with any and all member municipalities of the DuPage Mayors and Managers Conference; and BE IT FURTHER RESOLVED, the County agrees, subject to the development of a suitable NPDES Phase II Plan and Local Qualifying Programs, to co- permit with any and all participating DuPage municipalities to the IEPA, together with all other acts reasonably necessary, for compliance with the NPDES Phase II permitting requirements; and BE IT FURTHER RESOLVED, that the County Clerk be directed to send certified copies Hof this Resolution to County Auditor; Xfinance or Treasurer; Anthony Hayman, Assistant State's Attorney; Karen Wilson, 79, oodridge, IL 60517; Mr. Mark Baloga{ Executive Director DuPage Mayors 220 Oak Brook Road, Oak Brook, IL 60523 -2203; and two (2) copies to the Depvelopment and Environmental Concerns. 'Enacted and approved this 14" day VJanuab12003 at Wheaton, Illinois. Ayes: 1 17 Absent: 1 M ATTEST: R D ;..-Y'SCHILLERSTROM, CHAIRMAN E COUNTY BOARD t { w • STATE OF ILLINOIS) j ) SS COUNTY OF DU PAGE) i I, GARY A. KING, COUNTY CLERK AND CLERK OF THE COUNTY BOARD IN THE COUNTY AND STATE AFORESAID, AND KEEPER OF THE RECORDS AND FILES THEREOF, DO HEREBY CERTIFY THE FOREGOING TO BE A TRUE AND CORRECT COPY OF A RESOLUTION ADOiPTED BY THE COUNTY BOARD AT A MEETING HELD AT THE DU PAGE CENTER, 421 NORTH COUNTY FARM ROAD, WHEATON, ILLINOIS , ON THE 14TH DAY OF ,JANUARY A.D. 2 0 02 . ALL OF WHICH APPEARS FROM THE RECORDS OF THE PROCEEDINGS OF SAID COUNTY BOARD NOW IN MY OFFICE REMAINING. I GIVEN UNDER MY HAND AND OFFICIAL SEAL AT WHEATON, ILLINOIS, THIS 15TH DAY OF JANUARY A.D. 2 0 02' . i ' COUNTY ZAERK AND CLEW- OF THE OUNTY BOARD DU PAGE COUNTY, ILL OIS'