Resolution No. 91-72 CITY OF TIGARD, OREGON
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE AND SIGN AN
AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO ENFORCE AND
ADMINISTER PERMITS FOR STORM WATER RUNOFF FROM CONSTRUCTION SITES.
WHEREAS, on November 16, 1.991, the En-,ironmental Protection Agency
adopted rules for the issuance of permits for storm water runoff from
construction activities which disturb five acres or more of land; and
WHEREAS, the Department of Envj;:onmental Quality has authority from the
Environmental Protection Agency to issue these permits under Section 402
of the Clean Water Act; and
WHEREAS, the Department of Environmental Quality has proposed that the
City act as its agent for the enforcement and administration of the
permits; and
WHEREAS, the Tigard City Council desires to reduce the permitting burden
on those regulated by the permit.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Council authorizes the City Administrator to
negotiate and sign, on behalf of the City of Tigard, an
agreement with the Oregon Department of Environmental
Quality appointing the City as th-e agent of the
Department of Environmental Quality for the enforcement
and iss,2ance of NPDES vaaste discharge pirmits pursuant to
modifications to 40 CFR Parts 122, 123, and 124, adopted
by the Environmental Protection Agency November 16, 1991,
and substanr.ially conforming to the attached draft
agreement.
PASSED• This 1 day",of / "�Z�r}1 {7 P 1 , 1991.
=Mayor --City of Tigard
ATTEST: /
CityAecorder - City Vo� Tigard
dj/G6.deq-agre.zes
RESOLUTION NO. 91- 70-
Page 1
MEMORANDUM OF AGREEMENT BETWEEN
THE DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
AND
FOR
ISSUING WASTEWATER PERIOSTS FOR CONSTRUCTION ACTIVITIES
I. PURPOSE
In accordance with ORS 190.110, this Memorandum of Agreement
sets forth the roles and responsibilities of the Department
of Environmental Quality (DEQ) and
in the issuance of NPDES waste discharge
permits for construction activities which disturb 5 acres or
more of .land, pursuant to modifications to 40 CFR Parts 122,
123, and 124, adopted by EPA. 11-16-91.
ROLES AND AUTHORITIES
A. WHEREAS, through Oregon Revised Statutes Chapter 468,
the Department of Environmental Quality (DEQ) has been
designated the state agency responsible for preventing
water pollution, in the state, and
B. WHEREAS the DEQ has authority from the Environmental
Protection Agency to issue NPDES permits under Section
402 of the Clean Water Act, and
C. WHEREAS the DEQ has the authority to issue General
Permits for like facilities, and
D. WHEREAS ORS 468.035 authorizes DEQ to advise, consult,
and cooperate with other agencies of the state with
respect to all matters pertaining to control of water
pollution, and
E. WHEREAS the above l-sted planning agency has the
responsibility and authority to issue construction
permits for the development of land within its
jurisdiction, and
F. WHEREAS the planning agency has the existing
administrative structure for delivering information to
the affected community, and
G. WHEREAS the DEQ and the planning agency desire to reduce
the permitting burden to those regulated under the
construction activities portion of the federal storm
water control rules adopted November 16, 1990.
!-Mib
THEREFORE, through mutual agreement, DEQ and planning agency have
established the following responsibilities in order to implement
the r:onstruction activities storm water permit program through a
coordinated and mutually acceptable approach.
III. PLANNING AGENCY DESIC,tUM,NT RESPONSIBILITIES
The planning agency has these responsibilities with regards
to storm water control permit issuance and follow-up:
A. Act as DEQ's agent in receiving the DEQ Registration
Applications for the General Permit 1200-C for the
control of storm water associated with construction
activities which will disturb 5 or more acres.
B. Receive the DEQ established $300.00 fee associated with
the general permit applications.
C. Distribute a copy of General Permit 1200-C to each
applicant upon receipt of a completed application.
D Receive copies of erosion control plans prepared by
permittees pursuant to the permit.
E. Review erosion control plans for approval or rejection.
-ar- E: - - - - a E� -mer-rem-'pI&
F. Follow-up on complaints which might be received from the
public concerning a ner±nittee's possible failure to be
in compliance with the pem-nit.
G. Respond to and resolve, where possible, all complaints
associated with suspected violations of permits.
H. Encourage voluntary compliance with the permit and its
conditions.
I. Refer to DEQ, permittees found in violation of their
permit, when voluntary compliance has failed.
J. Provide DEQ with a quarterly update on the status of
construction activities permits and complaint
investigations along with remitting a copy of each oo 71i'
permit application received and an amount of ($3 fl- lP
from each application received.
IV. DEO RESPO-N-SIBILITIES
The DEQ, through its regional offices and Water Quality
Division, will provide the following support to the
constraatlon activities permit program:
e
i
r
A. Provide advice, assistance, and program guidance
relative to questions regarding interpretation of the
federal rules regarding NPDES permits for construction
activities.
E. Inspect a random sampling of permitted activities to
determine the degree of compliance and environmental
benefit.
C. Provide the planning agency with the most up-to-date
•version of the general permit and registration
application form.
D. Take enforcement action on enforcement referrals from
the planning agency.
E. Refer all water pollution complaints received on
construction activities to the planning agency for
investigation and follow-up-
V. LIABTLITIES
The }planning agency, who is acting as DEQ's agent in
distY-ibuting the storm water permits, is held harmless in the
event of a violation of the permit or water quality standards
caussd by a permitted activity.
V. EFFECTIVE DATE
This memorandum of Agreement is in effect upon all signatures
and will remain in effect until terminated by either agency,
upon 30 days notice, or until modified by mutual agreement.
STATE OF OREGON
DEPARTI-M-WT OF ENVIRONi+€E_WTAL 'QUALITY
Director Director
Date
Date
s
PLANNING.MOA