PROVIDING JOINT CONTROL OF POLLUTANTS WITHIN PINELLAS COUNTY
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INTERLOCAL AGREEMENT
PROVIDING JOINT CONTROL
OF POLLUTANTS HITHIN
PINELLAS COUNTY
This AGREEMENT, by and among the Cities of pinellas County, Florida, including
the Town of Belleair, City of Belleair Beach, City of Belleair Bluffs, City of
..
Clearwater, City of Dunedin, Town of Kenneth City, City of Gulfport, City of
Indian Rocks Beach, City of Largo, City of Madeira Beach, Town of North
Redington Beach, City of Oldsmar, , City of pinellas Park, Town of Redington
Beach, Town of Redington Shores, City of St. Petersburg, City of St.
Petersburg Beach, City of Safety Harbor, City of Seminole, City of South
Pasadena, City of Tarpon Springs, City of Treasure Island, all of which are
municipal corporations of the State of Florida / hereinafter referred to as
CITIES, the Florida Department of Transportation, an agency of the State of
Florida, hereinafter referred to as FDOT and pinellas County, a political
subdivision of the State of
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Florida,
hereinafter referred to
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,
as COUNTY ,
is
entered into this
day of
, 1994.
WITNESSETH:
WHEREAS, the CITIES, FDOT and COUNTY desire to protect and promote the
public health, safety and general welfare through the management of stormwater
runoffi and
WHEREAS, the CITIES, FDOT, and COffiJTY desire ~o maintain and assist in the
improvement of water quality and to preserve and enhance the environmental
quality of streams and receiving waters; and
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Page 1 of 9
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WHEREAS, pursuant t~ the Federal Clean Water P,CT (cv1J,
section 402 (p) (2) ,
certain political entities are required to implement stormwater management
programs within certain time frames; and
WHEREAS, pursuant to the Clean Water Act requirements, the united States
Environmental Protection Agency (EPA) has developed regulations under the
National Pollutant Discharge Elimination System (NPDES)
permit program
published as Part 40 of the Code of Federal Regulati,pns (C.F.R.) Section
122.26 on November 16, 1990, 55 FR 47990; and
WHEREAS, Section 402(p) (2) of the CWA provides that storm water permits be
required for large and medium municipal separate storm sewer systems,
determined from the 1980 census, and Appendix I to Section 122 designates the
COUNTY as a medium municipal separate storm sewer system; and
WHEREAS, the EPA, Region IV, notified the COUNTY on February 14, 1991 of
the action it was taking pursuant to the authority set forth in Section 402(p)
of the CWA and in an attempt to apply the regulations, had determined that the
CITIES within the COUNTY (excepting the City of St. Petersburg, designated
separately by the EPA), are designated as part of the COUNTY municipal
separate storm sewer system for the purposes of NPDES permitting; and
WHEREAS, 40 CFR 122.26 (d) (1) (ii) - Legal Authority, requires the CITIES,
FDOT and COUNTY to control through interagency agreement the contribution of
pollutants from one portion of the municipal system to another portion of the
municipal system; and
Page 2 of 9
WHEREAS,
..
the CITIES,I;DOT and COUNTY are accountableltor their respective
separate storm sewer systems which outfall from one municipal separate storm
sewer system to another municipal separate storm sewer system or to Water of
the united States; and
WHEREAS, the individual CITIES, FDOT, and the _~OUNTY have approved the
concept of intergovernment cooperation to effectively manage and control
,discharge into separate storm sewer systems; and
"
WHEREAS, it is the mutual desire of the CITIES, FDOT, and COUNTY to
establish relationships and responsibilities for control of discharge to
separate storm sewer systems as outlined in 40 C.F.R. Section 122.26;
NOW, THEREFORE, in consideration of mutual covenants herein set forth, the
parties hereto mutually agree as follows:
SECTION I
Purpose:
The purpose of this Agreement is to set forth the relationships of the CITIES,
FDOT and COUNTY with respect to the general responsibilities of the CITIES,
FDOT, and COUNTY to control the contribution of pollutants from one identified
CITY, FDOT or COUNTY separate storm sewer system to another CITY, FDOT or
COUNTY separate storm sewer system, or to Waters of the United States.
SECTION II
General Responsibilities:
The CITIES, FOOT and COUNTY, as parties to this agreement, recognize that
unless otherwise established through a separate agreement, each party is
responsible for controlling pollutants in discharges from public or privately
owned lands within its territorial jurisdiction to separate storm sewer
systems owned and/or maintained by that party or to a system owned or
maintained by any other party to this agreement. The CITIES, FDOT and COUNTY
shall be independently and separately responsible for controlling the
contribution of pollutants as necessary to meet the requirements of 40 CFR
122.26, from their respective separate storm sewer system to another CITY,
FDOT or COUNTY storm sewer system, or to Waters of the United States.
Page 3 of 9
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II
SECTION I II
Copies:
Upon final execution of this Agreement, two (2) copies will be provided to
each CITY, the FDOT, and COUNTY.
SECTION IV
Permit Implementation:
Unless otherwise established under separate agreement, each party shall be
solely responsible for implementation of the NPDES Permit conditions within
the boundaries of its respective jurisdiction. The representative from each
CITY, the FDOT and the COUNTY shall be responsible for ~ssuring the terms of
the Permit are acceptable.
SECTION V
Leqal Authority:
The CITIES, FDOT and COUNTY agree that each party will consider, and if the
CITIES, FDOT" and COUNTY determine that such action is lawful and in the best
interest of the CITIES, FDOT and COUNTY, will endeavor to take action
necessary to adopt, modify or amend any ordinances, resolutions, rules,
regulations or policies which will tend to enforce the content of this
Agreement all in accordance with 40 CFR 122.26.
SECTION VI
Budqet:
The parties to this Agreement recognize that under their respective legal
powers they are unable to obligate themsel~es legally to spend funds in excess
of one (1) budget year; however, the parties hereby bind themselves to
complete the term of this Agreement as they may be able under the laws of the
State of Florida, and agree to consider appropriating funds subject to
budgetary constraints and other financial considerations.
SECTION VII
Notices:
All written notices to the CITIES, FDOT and the COUNTY under this Agreement
shall be directed to the following addresses:
pinellas County,
Florida
Mr. Elmer N. Spence, P.E.,
Dept. of Public Works
Planning and Programming Division
440 Court St., 4th Floor
Clearwater, Florida 3~616
Page 4 of 9
-, .
Town of Belleair,
Florida
City of Belleair Beach,
Florida
City of Belleair Bluffs,
Florida
City of Clearwater,
Florida
City of Dunedin,
Florida
Town of Kenneth City,
Florida
City of Gulfport,
Florida
City of Indian Rocks
Beach, Florida
City of Largo,
Florida
Page 5 of 9
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Mr. Peter V. Sevcik, P.E.
Public Works Director
Town of Belleair
901 Ponce de Leon Boulevard
Belleair, FL 34616-1096
I
The Honorable William L. Atteberry
Mayor, City of Belleair Beach
City Hall
444 Causeway Boulevard
Belleair Beach, FL 34635-3399
The Honorable John E. Diller
Mayor, City of Belleair Bluffs
City Hall ~
115 Florence Drive
Belleair Bluffs, FL 34640-1978
Mr. Thomas H. Miller
Assistant Director of Public Works/
Environmental
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
Mr. Robert H. Brotherton, P.E.
Director of Public Works & Utilities
City of Dunedin
P.O. Box 1348
Dunedin, FL 34697-1348
Mr. William Bartholomew
Administrative Assistant
Town of Kenneth City
6000 54th Avenue N.
Kenneth City, FL 33709
Mr. Paul williams
Public Services Director
City of Gulfport
Box 5187
Gulfport, FL 33737
Mr. Wayne G. Hefty, P.E.
Director of Public Works
City of Indian Rocks Beach
1507 Bay Palm Boulevard
Indian Rocks Beach, FL 33535
Mr. James Petrak
City Engineer
City of Largo
P.O. Box 296
Largo, FL 34649-0296
City of Madeira Beach,
Florida
Town of N. Redington
Beach, Florida
City ,of Oldsmar,
Florida
City of pinellas Park,
Florida
Town of Redington Beach,
Florida
Town of Redington Shores,
Florida
City of St. Petersburg,
Florida
City of St. Petersburg
Beach, Florida
City of Safety Harbor,
Florida
City of Seminole,
Florida
City of So. Pasadena,
Florida
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Mr. John Mulvihill
City Manager, City of Madeira Beach
300 Municipal Drive
Madeira Beach, FL 33708
The Honorable Harold Radcliffe
Mayor, Town of North Redington Beach
190 173rd Avenue
North Redington Beach, FL 33708
Mr. Fred Schildhauer, P. E._
Oldsmar City Engineer/Director of Public Works
P.O. Box 100
Oldsmar, FL 34677-0100
Mr. Jeffrey F. Sabiel
City of Pinellas Park
Streets and Drainage Division
Department of Public Works
P.O. Box 1100
Pinellas Park, FL 34664-1100
The Honorable Peter Farnum
Mayor, Town of Redington Beach
105 164th Avenue
Redington Beach, FL 33708
The Honorable James R. Feimster
Mayor, Town of Redington Shores
17798 Gulf Boulevard
Redington Shores, FL 33708
Mr. Michael J. Connors, P.E.
Engineering Director
City of St. Petersburg
P.O. Box 2842
St. Petersburg, Fl. 33731
Mr. Jeff Stone, City Manager
City of St. Petersburg Beach
7701 Boca Ciega Drive
St. Petersburg Beach, FL 33706
Mr. Kurt Peters, P.E.
Safety Harbor Director of Public Works
750 Main Street
Safety Harbor, FL 34695
Mr. Melbourne R. Rackett
Director of Public works
City of Seminole
7464 Ridge Road
Seminole, FL 34642
The Honorable Barbara H. Gilberg
Mayor, City of South Pasadena
7047 Sunset Drive South
South Pasadena, FL 33~07
Page 6 of 9
City of Tarpon Springs,
Florida
11 Mr. Costa Vatikiotis I
Development Services Director
324 E. Pine Street
Tarpon Springs, FL 34688
City of Treasure Island,
Florida
Mr. Peter G. Lombardi
City Manager
City of Treasure Island
120 108th Avenue
Treasure Island, FL 33706
Florida Department of
Transportation
Mr. Charles Walter
Florida Dept. of Transportation
District 7
11201 N. McKinley _
MS 1200
Tampa, FL 33612
SECTION VIII
Effective Date - Term:
This Agreement shall become effective on the date a fully executed copy is
filed with the pinellas County Clerk of Circuit Court. Unless otherwise
terminated by agreement of the parties, this Agreement shall terminate six
years from the date of filing.
IN WITNESS WHEREOF, the lawful representatives of the parties hereto have
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executed and affixed their official seals to this Agreement this "'" - day
S 1
of //1 &{{..C~~L , 1994.
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Chairman,
Commissioners
Date
Pine.~;Las C0W:~Yi,' Florida
^TT~T: KARL~EN 'F,Do RlAKER. CLERt:.
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APPROVED AS TO FORM
OFFICE OF COUNTY ATIORNEY
By \\14\1\ ~ ^(Y\lV,^^",.,
~ ' Attorney \
Page 7 of 9
INTERLOCAL AGREEMENT
PROVIDING JOINT CONTROL
OF POLLUTANTS WITHIN
,P~LLAS COUNTY
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Hon. Kent
Town 0
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Ms. E~~la, Interi~City
City of Clearwater, Florida V/
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Mr. John R. Lawrence, City Manager
C~tr of Dunedin, Florida
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Hon. Harold Paxton, M~dr
Town of Kenneth City, Florida
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Mr. R~~ City Manager
City of Gulfport, Florida
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Mr. ~eservf5 cfc~ ~a;r
City of Indian Rocks Beach, Florida
Mr:-S~~S~City Manager
c~~argo, Florida
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Hon. Tom DeCesare, Mayor
City 0;' Madeira Beac lorida
Manager
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Hon. Cecil W. Bradbury
City of Pinellas Park, Florida
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Page 8 of 9
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INTERLOCAL AGREEMENT
PROVIDING JOINT CONTROL
OF POLLUTANTS WITHIN
PINELLAS COUNTY
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Hon. Peter E. Farnum, Mayor
Town of Redington Beach, Florida
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T,~f Redington Shores, Florida
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Hon. Michael J. Horan, Mayor
City of St. Pe~ersburg Beach, Florida
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Hon. 6avid J. Fischer, Mayor
CitJf St. Peters ~ rg3-ida
Mayor
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Mr. William McDaniel, P.E., Secretary, Dist. 7
Florida Department of Transportation (FDOT)
Approved As To Form:
By:
County Attorney
Page 9 of 9
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