ORANGE COUNTY FLOOD CONTROL DISTRICT - 2008

Home Browse Search

COPy N-2008-035 Agreement No. D07-099 WATER QUALITY ORDINANCE IMPLEMENTATION AGREEMENT WITH THE CITY OF SANTA ANA 2 3 4 5 6 7 8 9 10 11 12 13 THIS AGREEMENT, hereinafter referred to as "AGREEMENT" and for purposes of /'Y day identification numbered D07-099, is made and entered into this AfF'i / ,~, by and between the City of Santa Ana, a municipal of corporation, hereinafter designated as "CITY" and the Orange County Flood Control District, a body corporate and politic, hereinafter referred to as "DISTRICT". These entities are hereinafter sometimes jointly referred to as "PARTIES" and individually as "PARTY". WIT N E SSE T H WHEREAS, pursuant to 33 United States Code Section 1251 et seq., as amended, the PARTIES are subject to a municipal National Pollutant Discharge Elimination System (NPDES) Stormwater Permit and 40 CFR 122.26 (d) (2) (i) (A-F), which requires 14 each to control various potential pollutant sources into the municipal storm drain 15 system through enforcement of an adequate system of local legal authority; and 16 WHEREAS, on December 18, 1990, the County entered into the National Pollutant 17 Discharge Elimination System Stormwater Permit Implementation Agreement 18 (hereinafter referred to as "IMPLEMENTATION AGREEMENT") with CITY and other 19 parties. This IMPLEMENTATION AGREEMENT was subsequently amended on October 26, 20 1993; and 21 WHEREAS, the IMPLEMENTATION AGREEMENT specifies that the CITY is principally 22 responsible for implementing th~ National Pollutant Discharge Elimination System 23 Permit within its jurisdictional boundaries; and 24 WHEREAS, the IMPLEMENTATION AGREEMENT contains provisions allowing CITY to 25 name DISTRICT as "enforcer of a water pollution control ordinance"; and 26 WHEREAS, CITY has adopted a water quality ordinance (hereinafter referred to 27 as "CITY ORDINANCE"); and 28 1