Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Environmental Permitting Division
Information
Requested Action
title
A. MOTION TO APPROVE termination for convenience of the Interlocal Agreement among Broward County and various municipalities (“Prior ILA”) related to the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit No. FLS000016-004 issued by the Florida Department of Environmental Protection (FDEP); and authorize the County Administrator to provide notice of termination for convenience in accordance with the ILA and take all necessary administrative and closeout actions consistent with such termination.
B. MOTION TO APPROVE Interlocal Agreement with the Municipalities of Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Hallandale Beach, Lauderdale-By-The-Sea, Lauderdale Lakes, Lauderhill, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Southwest Ranches, Sunrise, Tamarac, Weston, West Park, and Wilton Manors (“Proposed ILA”) to share responsibility for the NPDES MS4 Permit No. FLS000016-004, including renewals of said permit, through September 30, 2031, for a total payment to the County of $2,381,298; and authorize the County Administrator, subject to review and approval for legal sufficiency by the County Attorney’s Office, to execute amendments to the Proposed ILA to extend the term or modify the scope provided such amendments do not impose additional financial obligations or pose material risk to the County.
body
Why Action is Necessary
Commission approval is required to approve termination for convenience and to approve interlocal agreements.
What Action Accomplishes
Motion A approves termination for convenience of the Prior ILA. Motion B approves the Proposed ILA that will allow Broward County and its co-permittees to satisfy NPDES MS4 Permit requirements.
Goal Related Icon(s)
Yes County Commission
N/A Go Green
N/A MAP Broward
Previous Action Taken
None taken.
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT AND THE ENVIRONMENTAL PERMITTING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
These items support the Commission's value of “building partnerships and working collaboratively with others to meet shared objectives.”
The NPDES MS4 Permit No. FLS000016-004 was issued on January 5, 2017, pursuant to 40 C.F.R. § 122.26 and Section 403.0885, Florida Statutes. The permit authorizes the County and its co-permittees to discharge to waters of the state in accordance with approved stormwater management programs, effluent limitations, monitoring requirements, and other permit conditions. To implement the permit, the County and specified municipalities executed the Prior ILA under which the County develops and implements surface water monitoring and pollution prevention programs, identifies sources of illicit discharges to storm drainage systems, evaluates compliance at high-risk facilities, prepares the annual report documenting the co-permittees' accomplishments, and performs other activities required by the NPDES regulations. The Commission approved the Prior ILA at its November 7, 2017, meeting (Item No. 23).
The recommended actions terminate the Prior ILA and approve the replacement Proposed ILA that updates the cost allocation methodology by apportioning costs based on population and incorporates conditions anticipated for inclusion in the upcoming MS4 permit renewal. The Proposed ILA (Exhibit 1) authorizes the continued cost-sharing of technical activities required under NPDES MS4 Permit No. FLS000016, which will include the participating 26 municipalities paying the County $2,381,298 over five years and the County contributing $26,312 over the same period on behalf of the Broward Municipal Services District.
The Proposed ILA was reviewed and approved as to form by the County Attorney’s Office.
Source of Additional Information
David Vanlandingham, Director, Environmental Permitting Division, 954-519-1478
Fiscal Impact
Fiscal Impact/Cost Summary
Under the Proposed ILA, the municipal co-permittees (26 municipalities) will pay the County $2,381,298 over five years for the services identified in Exhibit 1. The County will contribute $26,312 over the same period to perform those services within the Broward Municipal Services District.