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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 IDDE Final IGA-full 9-3-09.doc l -PULL PAR TICIPA NT A GREEAIEN T- 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. { IDDE Final 1GA-Full 9-8-09.doc 2 -FULL PARTICIPANT AGR EENIEN,T- 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 IDDE Final IGA-fill 9-8-09.doc 3 -FULL PARTICIPANT AGREEMENT= 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. IDDE Final lGA-full 9.8-09.doc 4 -FULL PAR:rICIPANT AGREEMENT 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 IDDC Final IGA-full 9-8-09.doc 5 F ULL.1 4,R 17CrPtf NT A GRE _EXT 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. iDDr Final 1GA-full 9-8.09.doc 6 1 -FULL PART.ICIPANTAGREEMENT= 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 IDDE Final IGA-fill 9-8-09.doc 7 ITEM 1(1.13.1) vG� pF 0A.kX90 0 ,L } 4FIR,K B G O 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 Last saved by administrator J\WORDDOC\IDDE P&BT Memo 9-8-09 doc V v Last printed 9/312009 3 37 PM 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 Last saved by administrator 1\WORDDOCUDDE P&BT Memo 9-8-09 doc Last printed 9/3/2009 3 37 PM 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 Last saved by administrator 1\WORDDOC\[DDE P&BT Memo 9-8-09 doc Last printed 9/3/2009 3 37 PM 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. Last saved by administrator J\WORDDOC\[DDE P&BT Memo 9-8-09 doc Last printed 9/3/2009 3 37 PM