IGA County of DuPage & VOB -Implementation of Illicit Discharge Detection Program 09-08-2009 -.FULL PA R:TIUPtlfvrAGREE�Y1- EXHIBIT A
AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF OAK BROOK
AND THE COUNTY OF DUPAGE, ILLINOIS
FOR THE IMPLEMENTATION OF THE
ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM
THIS INTERGOVERNMENTAL AGREEMENT is entered into this 13th of
October , 2009 between the Village of Oak Brook of DuPage County (hereinafter
referred to as the"MUNICIPALITY")a body corporate and politic,with offices at 1200 Oak Brook
Road, Oak Brook, IIlinois 60523 and the County of DuPage, Illinois (hereinafter referred to as the
"COUNTY")a body corporate and politic, with offices at 421 North County Farm Road,Wheaton,
Illinois 60187-3978.
RECITALS
WHEREAS,the MUNICIPALITY and COUNTY are public agencies within the meaning of
the Illinois "Intergovernmental Cooperation Act", as specified in Illinois Statute, 5 ILCS 220/1 et.
seq., and as authorized by Article 7, Section 10 of the Constitution of the State of Illinois; and
WHEREAS,the purposes of the"Intergovernmental Cooperation Act" and Article 7 of the
Constitution of the State of Illinois include fostering cooperation among governmental bodies;and
WHEREAS, General National Pollutant Discharge Elimination System("NPDES")Permit
No•ILR40 authorizes discharges from Small Municipal Separate Storm Sewer Systems(MS4s);and
WHEREAS, MS4s are defined in 40 CFR 122.26(b)(16) as designated for permit
authorization pursuant to 40 CFR 122.32; and
WHEREAS,the COUNTY and MUNICIPALITY each submitted an Illinois MS4 Notice of
Intent("NOI")to the Illinois Environmental Protection Agency("IEPA")for coverage under ILR40;
and
WHEREAS, the COUNTY and MUNICIPALITY noted on their respective NOI that they
intend to act as cooperating permit holders to fulfill the requirements of ILR40's Illicit Discharge
Detection and Elimination ("IDDE") minimum control measure; and
WHEREAS,the General NPDES Permit No. ILR40 requires development,implementation,
and enforcement of a storm water management program designed to reduce the discharge of
pollutants from small municipal storm sewer systems to the maximum extent practicable to protect
water quality, and to satisfy the appropriate water quality requirements of the Illinois Pollution
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Control Board Rules and Regulations (35 1I1, Adm. Code, Subtitle C, Chapter 1) and the Federal
Water Pollution Control Act(33 U.S.C. § 1251 etseq.); and
WHEREAS, the storm water management program must include the minimum control
measures described in the General NPDES Permit No. ILR 40, Part IV, Section B; and
WHEREAS_,the General NPDES Permit No. ILR40 Part IV, Section D authorizes Sharing
Responsibility; and
WHEREAS,the COUNTY agrees to develop and implement a program to monitor and trace
illicit discharges into small MS4s on behalf of the MUNICIPALITY as one of the minimum control
measures for its stormwater management program; and
WHEREAS, the COUNTY and the MUNICIPALITY recognize that additional benefits of
illicit discharge detection and elimination include increased water quality, reduction in pollutant
loads in waterways, improved wildlife habitat, and public education opportunities; and
WHEREAS,the COUNTY has adopted the DuPage County Illicit Discharge Detection and
Elimination Ordinance ("ORDINANCE") to ensure the health, safety, and general welfare of the
citizens of DuPage County, and protect and enhance water quality in a manner pursuant to and
consistent with the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) through the
regulation of non-storm water discharges to the storm drainage system; and
WHEREAS, the MUNICIPALITY has adopted Ordinance 2009-SWM-IDDE-G-897, An
Ordinance Amending the Code of Ordinances to add Title 15 (Illicit Discharge Detection and
Elimination Ordinance)to the Village Code of the Village of Oak Brook; and
WHEREAS,the COUNTY and the MUNICIPALITY have determined that it is in their best
interest to cooperate in the enforcement and implementation of their respective ordinances; and
WHEREAS,the COUNTY and the MUNICIPALITY have determined that it is reasonable,
necessary,and in the public interest and welfare for the COUNTY to conduct monitoring and tracing
responsibilities associated with illicit discharge detection and elimination subject to the terms and
conditions set forth herein.
NOW THEREFORE, in consideration of the foregoing preambles and the promises,terms
and conditions set forth herein, and in the spirit of intergovernmental cooperation,the parties agree
as follows;
1.0 RECITALS INCORPORATED. j
i
1.1 The foregoing recitals are hereby incorporated as though fully set forth herein. {
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2.0 COUNTY RIGHTS AND RESPONSIBILITIES.
2.1 The COUNTY agrees to undertake the monitoring of outfalls and tracing of illicit
discharges within the municipal limits of the MUNICIPALITY utilizing COUNTY
personnel and equipment.
2.2 The COUNTY agrees to prepare,at its sole expense,plans,processes,and procedures
for the program meeting the requirements of the NPDES permit to monitor and trace
illicit discharges into the MS4 on behalf of the MUNICIPALITY.
2.3 The COUNTY agrees to obtain copies of the Notice of Intent(NOI)for each facility
within the jurisdiction of the COUNTY and the MUNICIPALITY having an
individual NPDES permit to discharge storm water associated with industrial activity
through the IEPA for the purposes of fair and accurate monitoring and tracing.
2.4 The COUNTY agrees to monitor MS4 outfalls within the jurisdiction of the
MUNICIPALITY, and to the extent it is so authorized, trace all discharges
determined to be illicit with the objective of identifying the source of such illicit
discharge.
2.5 The COUNTY agrees to notify the MUNICIPALITY within a reasonable time prior
to the COUNTY conducting dye testing as part of tracing procedures.
2.6 The COUNTY agrees to notify the MUNICIPALITY within twenty four(24)hours
of detecting an illicit discharge within the municipal limits of the MUNICIPALITY.
Promptly upon completion of the COUNTY'S investigation, the COUNTY shall
inform the MUNICIPALITY of the location of the illicit discharge, the time(s) and
date(s) of the discharge,and any additional information that would be necessary or
prudent for the MUNICIPALITY to have in order to carry out enforcement
proceedings.
2.7 The COUNTY agrees to provide the MUNICIPALITY with any information required
for enforcement action and prosecution by the MUNICIPALITY and produce County
personnel in court, as necessary and upon adequate notice.
2.8 The COUNTY agrees to create and manage a countywide hotline for reporting illicit
discharges.
2.9 The COUNTY agrees to prepare the Illicit Discharge Detection and Elimination
section of the annual report on behalf of the MUNICIPALITY. The annual report is
required by the IEPA and is due by June I"of each year in accordance with General C
NPDES Permit No.ILR40. The COUNTY will submit a copy of the Illicit Discharge
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Detection and Elimination section alumal report to both the IEPA and the
MUNICIPALITY.
3.0 MUNICIPALITY RIGI3TS AND RESPONSIBILITIES
3.1 The MUNICIPALITY agrees to provide the COUNTY with a current storm sewer
atlas. If a storm. sewer atlas is not available, the MUNICIPALITY will work to
provide a storm sewer atlas to the COUNTY within 6 months.
3,2 The MUNICIPALITY agrees to provide annual updates of the storm sewer atlas to
the COUNTY.
33 The MUNICIPALITY agrees to assign to the COUNTY any rights of access to the
storm drainage system under the jurisdiction of the MUNICIPALITY as the
COUNTY deems necessary.
3.4 The MUNICIPALITY agrees to provide timely prosecution of any person found to be
in violation of their ordinance that fail to come into compliance in accordance with
the ordinance,provided that the MUNICIPALITY receives timely notification from
the COUNTY that a violation exists. Further, the COUNTY agrees to provide
prosecution witnesses required without cost to the MUNICIPALITY.
3.5 The MUNICIPALITY shall provide the COUNTY with documentation of any
enforcement action and prosecution from the previous one (1)year for inclusion in
the annual report.
4.0 GOVERNMENT REGULATION.
4.1 The COUNTY and the MUNICIPALITY shall each comply with the applicable
requirements of all county, municipal, state, federal and other applicable
governmental authorities, now in force, or which may hereafter be in force,
pertaining to the performance of this Agreement,with the most stringent standards
governing,
5.0 MISCELLANEOUS TERMS.
5.1 This Agreement shall be approved by ordinance or resolution and executed for and
on behalf of the COUNTY and MUNICIPALITY.
5.2 Certified copies of each party's respective adopting ordinance or resolution shall be
attached hereto and made a part hereof as evidence of the authority exercised by the
undersigned officers of the COUNTY and MUNICIPALITY.
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5.3 This Agreement shall become effective upon the date set forth above,and continue in
full force and effect unless terminated in accord with Paragraph 5.5, below.
5.4 This Agreement may be amended or modified only by written instrument duly
approved and signed by both parties to the Agreement.
5.5 Either party may give notice of its intent to terminate this Agreement in accord with
Paragraphs 8.1 and 8.2 below.
5.6 This Agreement may be executed in one or more counterparts, each of which shall
for all purposes be deemed to be an original and all of which shall constitute the same
instrument.
5.7 The headings of the paragraphs and subparagraphs of this Agreement are inserted for
convenience of reference only and shall not be deemed to constitute part of this
Agreement or to affect the construction hereof.
6.0 ENTIRE AGELE, ENT.
6.1 This Agreement represents the entire agreement between the COUNTY and
MUNICIPALITY with respect to the Illicit Discharge Detection and Elimination
Program and supersedes all prior negotiations,representations or agreements,either
written or oral.
7.0 NOTICES REQUIRED UNDER TINS AGREEMENT.
7.1 All notices required to be given under the terms of this Agreement shall be in writing
and either(a)served personally during regular business hours;(b)served by facsimile
transmission and e-mail during regular business hours; or(e) served by certified or
registered mail, return receipt requested, properly addressed with postage prepaid.
Notices served upon the MUNICIPALITY shall be directed to:
Village of Oak Brook
Attn: Village Engineer
1200 Oak Brook Road
Oak Brook,IL 60523
Fax: 630-368-5128
Email: engineering @oak-brook.org
i
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Notices served upon the COUNTY shall be directed to:
DuPage County Stormwater Management Division
Attn: Director, Stormwater Management
421 N. County Farm Road
Wheaton, IL 60187-3978
Fax: 630-407-6701
E-mail: Water.Quality @dupageco.org
Notices served personally or by facsimile transmission and e-mail shall be effective
upon receipt,and notices served by mail shall be effective upon receipt as verified by
the United States Postal Service. Each party may designate a new location for service
of notices by serving notice thereof in accordance with the requirements of this
paragraph.
8.0 TERM OF AGREEMENT
8.1 As will be used for staff and budget requirements, the COUNTY and the
MUNICIPALITY agree to not change enforcement status within the term of this
Agreement.
8.2 This agreement will expire on the 3151 of March, 2013. This agreement can be
extended for additional NPDES permit cycles at the mutual agreement of both
parties. The permit cycle is defined for a five(5)year period beginning one(1)year
before the expiration date of the current NPDES permit for the MUNICIPALITY and
continues until one(1)year before the expiration of the subsequent NPDES five(5)
year permit.
9.0 SE'VERABILITY
9.1 In the event any provision of this Agreement shall be held to be unenforceable or
void, such provision shall be deleted and all other provisions shall remain in full
force and effect to the fullest extent allowed by law and equity.
10.0 GOVERNING LA's
10.1 This Agreement will be governed by the laws of the State of Illinois as to both
interpretation and performance. The forum for resolving disputes concerning the
party's respective performance, or failure to perform,under this Agreement,will be
the judicial circuit court for DuPage County.
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IN WITNESS WHEREOF, the parties to this Agreement set their hands and seals as of the date
first written alcove.
VILLAGE OF OAK BROOK
BY:
x
John W. Crai n�-�,\
Village President �
ATTEST BY:
Charlotte Pruss
Village Clerk 'r
011MIx
COUNTY OF DUPAG
BY:
Robert J. ScI 1e stro >
Chairman, DuP Q unty Board
ATTEST BY:
Gary A. g
County C rk
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ITEM 1(1.13.1)
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9 �2
OOUN"T
AGENDA ITEM
Regular Board of Trustees Meeting
of
September 8, 2009
SUBJECT: Illicit Discharge Detection and Elimination Ordinance
FROM: Dale L. Durfey, Jr., P.E., Village Engineer
BUDGET SOURCE/BUDGET IMPACT:
RECOMMENDED MOTION: I move that the Village Board approve:
1. Ordinance 2009-SWM-IDDE-G-897, and
2. Resolution R-1053 which approves An
Intergovernmental Agreement Between the
Village of Oak Brook and the County of DuPage,
Illinois for the Implementation of the Illicit
Discharge Detection and Elimination Program.
Background/History:
The Village of Oak Brook is permitted to discharge stormwater into surface waters of the State
through its coverage under ILR40, IEPA's General NPDES1 Permit for Discharges from Small
Municipal Separate Storm Sewer Systems (MS4). Since Oak Brook has a municipal storm sewer
system, it is considered an MS4. Oak Brook (in conjunction with DuPage County and other
DuPage municipalities and townships) submits a Notice of Intent (NOI) to be covered under
ILR40 for each five year cycle. The latest ILR40 permit (the 2nd five-year cycle) was issued on
February 20, 2009 and expires on March 31, 2014.
ILR40 mandates 6 minimum control measures:
1. Public education and outreach on storm water impacts
2. Public involvement/participation
National Pollutant Discharge Elimination System
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3. Illicit discharge detection and elimination (IDDE)
4. Construction site stormwater runoff control
5. Post-construction stormwater management in new development and redevelopment
6. Pollution prevention/good housekeeping for municipal operations
The illicit discharge detection and elimination measure requires an operator of a regulated MS4
to develop, implement, and enforce a program to detect and eliminate illicit discharges into its
MS4 (an IDDE program), consisting of several pieces. Principal among these pieces is a
prohibition, through an ordinance or other regulatory mechanism, of non-stormwater discharges
into the MS4. The ordinance should include appropriate enforcement procedures and actions, as
well.
County staff has worked with the municipal engineers to draft a County IDDE Ordinance for
unincorporated DuPage County. That County Ordinance was passed by the County Board on
May 26, 2009.
The County Ordinance is not a County-wide ordinance like the Stormwater Ordinance. Oak
Brook does not have to comply with the County IDDE Ordinance, but we must comply with
IEPA's requirements of an IDDE Ordinance.
Since it did not make sense to re-invent the wheel, I have taken the County IDDE Ordinance and
formatted it into an Oak Brook Ordinance. It contains the same stipulations as the County
Ordinance; only the format is changed.
Highlights of the proposed Oak Brook IDDE Ordinance include:
• Definitions (Chapter 2)
o Stormwater is defined as surface flow, runoff, and drainage from any form of
natural precipitation, and resulting from such precipitation. This includes snow
melt runoff.
• The Administrator shall administer, implement, and enforce the Ordinance (Chapter 4)
• No person shall discharge into the MS4 any pollutants other than normal stormwater
(Chapter 5)
• Specific exemptions are listed(Section 15-5-1C)
• Illicit connections are prohibited(Section 15-5-2)
• Persons shall notify the Village in the event of a spill (Chapter 6)
• Violations, enforcement, and penalties (Chapter 7)
• The Village may terminate an illicit storm sewer connection(Chapter 8)
• Appeals process (Chapter 9)
Please note that this proposed Oak Brook IDDE Ordinance mimics the County Ordinance in that
charitable and automobile dealership car washes are listed as exempt. IEPA staff has informed
County staff that these exemptions are unacceptable. The County has appealed that and has
2 Title 9,Storm Water,Floodplain,and Sedimentation and Erosion Control Regulations,states that the Village
Engineer shall be the Administrator This proposed IDDE Ordinance states the same
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requested a written opinion from a high ranking IEPA official. Pending that opinion, our
Ordinance may remain as is or may be revised.
In drafting the County IDDE Ordinance, efforts were made to ensure that pollutants entering the
MS4 as a direct result of precipitation and/or snow melt, such as chlorides from road salts, litter,
and sediment from erosion, were not classified as illicit discharges and subject to the Ordinance.
Various other minimum control measures of the ILR40 permit will address reducing pollutant
loads from these sources. Administering Oak Brook's IDDE Ordinance should be the same.
The Village's Code currently contains section 8-1-12C which generally discusses prohibited
discharges into storm sewers. This current regulation does not go far enough to meet the IEPA
requirements; hence the need for a comprehensive ordinance.
Other DuPage municipalities are either approving the County ordinance by reference or re-
formatting the County ordinance into their code style.
The illicit discharge detection and elimination measure also requires Oak Brook to develop,
implement, and adequately fund a plan to detect and address non-stormwater discharges.
However, the ILR40 general permit encourages partnership between permit holders: "You may
partner with other MS4s to develop and implement your stormwater management program."
Since it makes sense that a single, unified program would be more successful and cost-effective
than dozens of individual municipal programs, DuPage County is developing Intergovernmental
Agreements (IGAs) that would have most of the monitoring and tracing aspects of the IDDE
program implemented by the County without cost to the municipality. Two IGAs have been
drafted:
1. Full Participant
This has the County developing and implementing a program to monitor and trace illicit
discharges into MS4s within municipality boundaries. The County would monitor outfall
sewer points along streams and, if an illicit discharge was found, trace it upstream to its
source. The County would notify the municipality within 24 hours of detecting an illicit
discharge. Upon completion of the County's investigation, the County will inform the
municipality of the details necessary or prudent for the municipality to enforce cessation
and/or other aspects of its IDDE Ordinance.
Please note that the County cannot enforce its IDDE Ordinance within municipal
boundaries; each municipality must do that.
The County also agrees to prepare the IDDE section of the annual report on behalf of the
municipality,which is required by the IEPA and is due by June 1St of each year.
2. Partial Participant
This has the County monitoring the outfall sewer points along streams within municipal
boundaries. If an illicit discharge is found, the County will notify and provide
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information to the municipality. The municipality has the responsibility to trace the illicit
discharge to its source and then enforce cessation and/or other aspects of its IDDE
Ordinance,
Since DuPage County is willing to trace an illicit discharge at no cost to the Village, it seems
prudent to accept their offer.
Recommendation:
That the Village Board approve the Village IDDE Ordinance and full participation with DuPage
County on tracing illicit discharges.
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