INTERLOCAL AGREEMENT PROVIDING FOR CONTROL OF ILLICIT DISCHARGES WITHIN PINELLAS COUNTYPINELLAS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLICY,
SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE
OF AUTHORITY AND SOUND MANAGEMENT OF PUBLIC RESOURCES, TO MEET THE
NEEDS AND CONCERNS OF OUR CITIZENS TODAY AND TOMORROW
PinellasilliF
Count LJ
INTERLOCAL AGREEMENT PROVIDING FOR CONTROL OF ILLICIT DISCHARGES WITHIN
PINELLAS COUNTY
AGREEMENT PREPARED BY
PINELLAS COUNTY DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENVIRONMENTAL MANAGEMENT
OCTOBER 2022
TABLE OF CONTENTS
SECTION PAGE
1 RECITALS 5
2 PURPOSE 5
3 DUTIES 5
4 NOTICES 6
5 FILING AND TERM 8
6 WITHDRAWAL 9
7 REMOVAL FROM MS4 PERMIT 9
8 AMENDMENT 9
9 NON -APPROPRIATIONS 9
10 LIABILITY AND THIRD PARTIES 10
11 SEVERABILITY 10
12 APPLICABLE LAW 10
13 ENTIRE AGREEMENT 10
Page 2 of 11
INTERLOCAL AGREEMENT PROVIDING FOR CONTROL OF ILLICIT
DISCHARGES WITHIN PINELLAS COUNTY
THIS INTERLOCAL AGREEMENT PROVIDING FOR CONTROL OF ILLICIT
DISCHARGES WITHIN PINELLAS COUNTY (hereinafter referred to as this "Agreement"), is
entered into on this day of , 2022, among: (1) 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. Pete 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—although separate parties hereto—collectively
referred to as the "Cities"); and (2) Pinellas County, a political subdivision of the State of Florida
(hereinafter referred to as the "County"); and (3) the Florida Department of Transportation, an
agency of the State of Florida (hereinafter referred to as "FDOT"). The Cities, County, FDOT are
individually referred to as "Party," or collectively referred to as the "Parties," herein.
WITNESSETH:
WHEREAS, this Agreement is made and entered into between the Parties pursuant to the
"Florida Interlocal Cooperation Act of 1969," codified at Section 163.01 of the Florida Statutes;
WHEREAS, pursuant to Section 402 of the Federal Clean Water Act and regulations adopted
in accordance therewith, each Party is required to be a permittee or co -permittee to a National
Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System
(MS4) Permit for discharges of municipal stormwater to Waters of State;
WHEREAS, pursuant to Section 403.0885 of the Florida Statutes and regulations adopted in
accordance therewith, the State of Florida has been delegated authority by the Federal Government
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to issue NPDES Permits, including MS4 Permits;
WHEREAS, the Parties are co -permittees of MS4 Permit (FLS000005-004) (the "MS4
Permit"), which expires on June 30, 2023;
WHEREAS, notwithstanding the Parties being co -permittees to the MS4 Permit, each party
hereto owns and operates its own MS4;
WHEREAS, Section I.C.I.a. of the MS4 Permit provides that each Party must comply with
MS4 Permit conditions for its own MS4;
WHEREAS, Section II.E of the MS4 Permit provides that each Party must ensure legal
authority to control discharges to and from its own MS4;
WHEREAS, Section II.A.7.a. of the MS4 Permit provides that each Party must effectively
prohibit illicit discharges (i.e., non-stormwater discharges, subject to limited exceptions explained
in Section II.A.7.a.) to its own MS4 through inspections, ordinances, and enforcement;
WHEREAS, in Section 2.1.3 of the Parties — initial application for an MS4 permit dated May
17, 1993, the Parties represented to the U.S. Environmental Protection Agency (EPA) that,
consistent with Section (d)(2)(i)(D) of Part 40 of the Code of Federal Regulations, "it is anticipated
that an interlocal agreement [addressing the joint control of illicit discharges] acceptable to each
[Party] and EPA will be completed by May 1994;" Note that Town of Indian Shores was an
applicant for the initial MS4 Permit application, but is not Party to this Agreement.
WHEREAS, in light of the above cited provisions from the MS4 Permit and Original MS4
Permit Application, the Parties have entered into a series of interlocal agreements affirming each
Party's accountability for its own MS4, most recently on February 20, 2018 (the "2017 Interlocal
Agreement");
WHEREAS, the 2017 Interlocal Agreement expires on November 30, 2022; and
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WHEREAS, due to the impending expiration of the 2017 Interlocal Agreement, and the
high likelihood that the MS4 Permit will be renewed by the Florida Department of
Environmental Protection (FDEP) with similar terms and conditions, the Parties desire to enter
into a new interlocal agreement with similar terms and conditions to the 2017 Interlocal
Agreement.
NOW THEREFORE, in consideration of the mutual covenants set forth herein, the Parties agree
as follows:
SECTION 1. RECITALS
The recitals above are incorporated herein.
SECTION 2. PURPOSE
The purpose of this Agreement is to establish that each Party is responsible for regulating illicit
discharges within its respective territorial jurisdiction.
SECTION 3. DUTIES
Each Party recognizes that, unless otherwise established through a separate written agreement
with another Party, it is responsible for regulating illicit discharges from public or private lands
within its territorial jurisdiction to: (a) its MS4; (b) another Party's MS4; or (c) waters of the
State. Such regulation includes, but is not limited to, inspection and enforcement. Each Party
further recognizes that it is responsible for compliance with the MS4 Permit.
Page 5 of 11
SECTION 4. NOTICES
All notices under this Agreement directed from one Party to another Party shall be in writing
and delivered via USPS Certified Mail. Notice shall be considered delivered and received as
reflected by certified mail delivery receipt. All notices to any Party shall be sent to the following
respective addresses:
FDOT:
Mr. James Scott Stevens
Maintenance Environmental Specialist
FDOT District VII
11201 N. McKinley Drive M.S. 1200
Tampa, FL 33612-6456
Belleair Bluffs:
Mr. Russ Schmader
Public Works Supervisor
City of Belleair Bluffs
2747 Sunset Blvd.
Belleair Bluffs, FL 33770
Clearwater:
Ms. Sarah Kessler
Engineering Department
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Gulfport:
Mr. Tom Nichols
Public Works Director
City of Gulfport
2401 53rd St. South
Gulfport, FL 33707
Page 6 of 11
Belleair:
Ashley Bernal
Town Manager Assistant
Town of Belleair
901 Ponce De Leon Blvd.
Belleair, FL 33756-1096
Belleair Beach:
Mr. Kyle Riefler
Interim City Manager
City of Belleair Beach
444 Causeway Boulevard,
Belleair Beach, Fl 33786
Dunedin:
Ms. Michelle Monteclaro
Stormwater Program Coordinator
City of Dunedin
1405 County Road 1
Dunedin, FL 34698
Indian Rocks Beach:
Mr. Dean Scharmen
Public Services Director
City of Indian Rocks Beach
1507 Bay Palm Blvd.
Indian Rocks Beach, FL 33785-2899
Kenneth City:
Mr. Robert Duncan
Interim Town Manager
Town of Kenneth City
6000 54th Ave. N.
Kenneth City, FL 33709-1800
Madeira Beach:
Mr. Robin Ignacio Gomez
City Manager
City of Madeira Beach
300 Municipal Drive
Madeira Beach, FL 33708-1996
Oldsmar:
Mr. Daniel Simpson
Public Works Director
City of Oldsmar
100 State Street West
Oldsmar, FL 34677-3756
Redington Beach:
Ms. Adriana Nieves
Town Clerk
Town of Redington Beach
105 164th Ave.
Redington Beach, FL 33708-1519
Safety Harbor:
Mr. Matthew Spoor
City Manager
City of Safety Harbor
750 Main St.
Safety Harbor, FL 34695
Largo:
City Engineer
City of Largo
P.O. Box 296
Largo, FL 33779-0296
North Redington Beach:
Ms. Mari Campbell
Town Clerk
Town of N. Redington Beach
190 173rd Avenue
North Redington Beach, FL 33708-1397
Pinellas Park:
Mr. Daniel Hubbard
Transportation & Stormwater Div. Director
City of Pinellas Park
6051 78th Ave. N.
Pinellas Park, FL 33781
Redington Shores:
Ms. Tracy Campbell
Town Clerk
Town of Redington Shores
17425 Gulf Blvd.
Redington Shores, FL 33708-1299
South Pasadena:
Mr. Shawn Shimko
Public Works Director
City of South Pasadena
7047 Sunset Dr. S.
South Pasadena, FL 33707-2895
Page 7of11
Seminole:
Mr. Rodney Due
Public Works Director
City of Seminole
9199 113th Street North
Seminole, FL 33772
Treasure Island:
Mr. Mike Helfrich
Public Works Director
City of Treasure Island
152 108th Ave.
Treasure Island, FL 33706
Pinellas County:
Ms. Melanie Weed
Division of Environmental Management
Director
Pinellas County
22211 US 19 N. Bldg. 10
Clearwater, FL 33756
St. Pete Beach:
City Manager
City of St. Pete Beach
155 Corey Avenue
St. Pete Beach, FL 33706-1839
Tarpon Springs:
Mr. Anthony Mannello
Streets and Stormwater Supervisor
City of Tarpon Springs
325 E. Pine Street
Tarpon Springs, FL 34689
SECTION 5. FILING AND TERM
The County shall file a fully executed version of this Agreement with the Clerk of the Circuit
Court; pursuant to Section 163.01(11) of the Florida Statutes. This Agreement shall take effect
upon the date of such filing. Promptly after such filing, the County shall deliver one certified copy
of this Agreement to each of the Cities and FDOT. Subject to extension or termination in
accordance with the terms herein, this Agreement shall remain effect until November 30, 2027.
Page 8 of 11
SECTION 6. WITHDRAWAL
Any Party may withdraw from this Agreement at any time for any reason by giving thirty (30)
days' notice to each of the other Parties. The withdrawal of any Party shall not terminate this
Agreement or in any way alter the obligations hereunder of the remaining Parties; however, if
every Party withdraws pursuant to this Section, this Agreement shall terminate.
SECTION 7. REMOVAL FROM MS4 PERMIT
If any Party is removed, either voluntarily or involuntarily, as a co -permittee of the MS4 Permit,
that Party shall no longer be a Party to this Agreement and shall promptly notify all other Parties
of same. If the MS4 Permit is not extended, renewed, or re -issued by FDEP, this Agreement shall
terminate on the date of the MS4 Permit expiration.
SECTION 8. AMENDMENT
This Agreement may be amended, extended, or terminated by written agreement of all Parties at
any time.
SECTION 9. NON -APPROPRIATION
Each Party recognizes that this Agreement is not a commitment of appropriations by any Party's
governing body.
Page 9 of 11
SECTION 10. LIABILITY AND THIRD PARTIES
Nothing herein is intended to serve as a waiver of sovereign immunity by any Party, or to extend
the liability of any Party beyond the limits set forth in Section 768.28 of the Florida Statutes.
Nothing herein shall be construed as consent by any Party to be sued by any third party for any
matter arising from this Agreement. Nothing herein is intended to abrogate the right of any Party
to seek any available legal remedies against any third party for any illicit discharge originating
within or outside of that Party's territorial jurisdiction.
SECTION 11. SEVERABILITY
If any word, clause, sentence, paragraph, or section of this Agreement is held invalid or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain
in full force and effect.
SECTION 12. APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Florida.
SECTION 13. ENTIRE AGREEMENT
This Agreement represents the entire agreement between the Parties. There are no other
communications between the Parties, whether oral or written, that alter the terms herein.
Page 10 of 11
THE INTERLOCAL AGREEMENT PROVIDING
FOR CONTROL OF ILLICIT DISCHARGES WITHIN PINELLAS COUNTY
CITY OF CLEARWATER, FLORIDA,
A municipal corporation and
political subdivision of the State of Florida
Frank Hibbard
Mayor
Approved as to form:
Matthew Mytych
Attorney
Jennifer Poirrier
Interim City Manager
Attest:
Rosemarie Call
City Clerk