title
APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF STOCKTON AND SAN JOAQUIN COUNTY FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
recommended action
RECOMMENDATION
It is recommended that the City Council approve a motion to execute a Memorandum of Understanding with the County of San Joaquin for the administration of the National Pollutant Discharge Elimination System (NPDES) Permit for Stormwater as co-permittees.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
body
Summary
The City of Stockton and San Joaquin County jointly administer a stormwater management program through an existing Memorandum of Understanding. The new NPDES Stormwater permit, issued by the State, requires an updated Memorandum of Understanding (MOU) (Attachment A) and this action would comply with that order. The MOU defines how the City and County will coordinate resources to: conduct regional monitoring, retain contractors, developing and implementing uniform criteria, enforce stormwater regulations, conduct public education, and complete other Permit and Program activities. While no direct financial impact is associated with the MOU, a cost sharing agreement between the parties is established, reducing the City of Stockton’s program cost.
DISCUSSION
Background
In May of 1993, the City of Stockton and the County of San Joaquin entered into an agreement to become Permittees to administer the National Pollutant Discharge Elimination System Stormwater Permit (NPDES). The NPDES permit’s core water quality objectives focus on public education and outreach, illicit discharge detection and elimination, construction site runoff, post construction site runoff, proper municipal housekeeping, and industrial site runoff. The agreements are updated every five years with the issuance of new Stormwater Permits from the California Regional Water Quality Control Board, Central Valley Region.
Present Situation
On November 30, 2016, the City of Stockton and the County of San Joaquin received their renewed NPDES for Stormwater from the California Regional Water Quality Control Board, Central Valley Region. The Permittees are required to update the Memorandum of Understanding with the permit adoption.
Both City and County staff, including legal counsel, worked together to prepare the proposed MOU. In summary, the MOU provides compliance with NPDES permit objectives by defining how the City and County coordinate and collaborate resources for: regional monitoring, retaining consultant and contractors, developing and implementing uniform criteria/guidance documents, enforcing stormwater regulations, conducting public outreach/education, as well as planning and coordinating other Permit and Program activities the Permittees are required to enact.
The MOU shall commence upon signature acceptance and be effective as long as the City and County of San Joaquin are Permittees of the General Permit.
FINANCIAL SUMMARY
The MOU identifies activities conducted jointly with the County and activities conducted independently. For joint activities, it defines a method of cost sharing for those activities that benefit both parties. The initial method of cost sharing is based on the ratios of County and City populations and land area within the permit geographic boundary (Stockton urbanized area). This results in the County being responsible for about 20% of those shared costs. Future cost sharing will be based on new U.S. Census data and a recalculation of population and proportional land areas. The approximate split of cost is similar to the previous agreement that this MOU replaces. Stormwater costs to be incurred by the City are budgeted and specific authorizations for expenditures will be requested as appropriate. The approval of this MOU involves no direct expenditure of funds.
Attachment A - Memorandum of Understanding