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HomeMy WebLinkAboutClark County Soil & Water Concervation District """~ ~'-' i 't,"- .,'J .J! MEMORANDUM OF AGREEMENT BETWEEN CLARK COUNTY SOIL AND WATER CONSERVATION DISTRICT AND Jeffersonville, INDIANA I. Background and Purpose This Memorandum of Agreement (MOA) is entered between the Clark County Soil and Water Conservation District (SWCD) and the City of Jeffersonville, collectively referred to as "the Parties". The MOA sets forth the responsibilities, procedures, and commitments for sharing resources for the implementation of the Phase II National Pollution Discharge Elimination System (NPDES) program within the jurisdictional authority of the City of Jeffersonville. A. Jeffersonville has been designated a Municipal Separate Storm Sewer System (MS4) community by the Indiana Department of Environmental Management. As an MS4 community, Jeffersonville is responsible for developing and implementing a comprehensive storm water quality management plan (SWQMP) as specified in 327 lAC 15-13. Jeffersonville's Storm Water Quality Management Plan (SWQMP) is required to specifically address six (6) minimum control measures including (1) Public Education and Outreach, (2) Public Participation and Involvement, (3) Illicit Discharge and Elimination, (4) Construction Site Storm Water Run-off Control, (5) Post Construction Storm Water Run-off Control and (6) Pollution Prevention and Good Housekeeping. B. The Clark County Soil and Water Conservation District has been organized in accordance with the provisions of IC 14-32 and is legally constituted governmental subdivision of the State of Indiana. The Clark County SWCD serves as a local resource on natural resource issues and is responsible for addressing soil erosion and sedimentation within their jurisdiction. II. Agreement of tl:1e Parties: A. The Clark County Soil and Water C<mservation District will assist. the City Qf Jeffersonville with the implementation of its IDEM approved Part C Stormwater Phase II Program as follows: 1. Public Education and Outreach: . The SWCD will develop and present programs for target audience/neighborhood meetings regarding the City's Stormwater Program. . The SWCD will implement a Storm Drain Marking Program within the MS4 area. . g...! '.. "'t~J' . The SWCD will develop and maintain an educational web p~ge focusing on Stormwater Management. . The SWCD will make available the SWCD Community Guide to Jeffersonville and will assist in development of a biannual newsletter focusing on aspects Jeffersonville's Stormwater Program . The SWCD will assist with the creation of a public survey to assess the public's awareness of storm water quality issues. . 2. Public Participation and Involvement: . The SWCD will assist the City in developing a Pulblic Participation Plan. . The SWCD will implement a Storm Drain Marking Program within the MS4 area. . The SWCD will assist in developing a stormwater complaint hotline procedure and will develop a web form to be added to the stormwater web page. 3. Illicit Discharge and Elimination: . The SWCD will report any illicit discharges observed during routine construction/post construction site inspections in the City of Jeffersonville. . The SWCD will develop web page content to educate the pulblic about practices that they can implement to minimize stormwater pollution 4. Construction Site Storm Water Run-off Control: . The SWCD will review stormwater pollution prevention plans and notify Jeffersonville when the plans are approved. . The SWCD will develop and utilize an Erosion Protection and Sediment Control (EPSC) inspection checklist. . The SWCD will inspect all permitted construction sites after the perimeter erosion and sedimentation practices are installed. . The SWCD shall report all site inspections and their results as outlined in Rule 13 to the City. . The SWCD will perform follow-up site inspections and assist in coordination efforts needed for corrections mandated by enforcement actions. . The SWCD will establish a program to register "trained individuals" (as defined by Rule 5). . The SWCD will develop an EPSC training program for $ the Construction/Development Community, and will work with the City to implement the program. 5. Post Construction Storm Water Run-Off Control: . The SWCD will conduct an on-going characterization of sensitive areas by evaluating soil survey and topographic data. . The SWCD will assist with development of a post-construction site management ordinance. , . l~j ..,- "'t . The SWCD will review stormwater pollution prevention plans ~nd notify the City when the plans are approved. . The SWCD will develop and utilize a post-construction BMP inspection checklist. . The SWCD will inspect all permitted construction sites when active construction is complete to ensure post-construction BMPs are properly installed(for completion of Notice.. of Termination). ' . The SWCD will perform follow-up site inspections and assist in coordination efforts needed for corrections mandated by enforcement actions. . The SWCD shall report all post-construction site inspections and their results as outlined in Rule 13 to the City. . The SWCD will develop a post-construction training program for the Construction/Development Community, and will work with the City to implement the program. 6. Pollution Prevention and Good Housekeeping: . The SWCD will develop web page content to educate the public about practices that they can implement to minimize stormwater pollution 7. Reporting and Records Retention . The SWCD will provide a quantifiable annual report on all of their activities associated with Jeffersonville'.s Stormwater Program at least two weeks prior to its annual report being due to IDEM each subsequent year that this agreement is in effect. B. The City of Jeffersonville will provide the Clark County SWCD with annual compensation of $30,000 in return for services provided to the City's Stormwater Program as outlined above. III. Renewal and Revisions to the Agreement: Within the first year of this agreement becoming effective, the Parties will. meet twice, at a minimum, to discuss its implementation. This agreement will automatically renew at the end of each calendar year unless one of the parties requests amendments or termination.. The Parties will review this Agreement prior to the end of each calendar year and may agree to revisions that become necessary or desirable as a result of evolving experience with the operation of their respective programs, or to adjust changes in those programs. This agreement may be revised or modified upon the initiative of any of the Parties for any purpose mutually agreed. Any such revision or modification must be in writing, signed by all Parties, and have the original MOA incorporated by reference with all prior modifications appended thereto. This agreement may be terminated for the convenience of any of the Parties at any time. The termination of this agreement must be in writing, with a minimum of 60 days notice. .~ e:..t'Y'! .., (10;~ IV. Civil Rights The parties will be in compliance with the nondiscrimination provisions contained in Title VI and VII of the Civil Rights Act of 1964(as amended), the Civil Rights Restoration Act of 1987 (Public Law 100-259), Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, which provide that no person shall, on the grounds of race,' color, national origin, age, sex, religion, marital status, or disability, be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any activity in this program. IT IS AGREED: (;::rcp~{rbrJiJJL.t..8 eA-II.,J4M 1Sl>--&.~. ~':l~~~ 644s<;-T fitolJ.rJ Date: t/J<d'- 4.Jj/lJA, . I?resident CLARK COUNTY SOIL AND WATER CONSERVATION DISTRICT By: Date: o/o/'ZoO S S?~ 1~~~T . Chairperson cc. Ms. Cynthia Wagner, IDEM, Office of Water Quality - MS4 Program Coordinator Mr. Randy Braun, IDNR, Division of Soil Conservation City of Jeffersonville