HomeMy WebLinkAboutTC Res 2013-06-19 (9)RESOLUTION NO. 25- 2013
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AUTHORIZING THE TOWN MANAGER TO APPLY FOR COVERAGE UNDER THE
STATE WATER RESOURCES CONTROL BOARD'S PHASE II SMALL MUNICPAL
SEPARATE STORM SEWER SYSTEMS (MS4) GENERAL PERMIT
WHEREAS, the federal Clean Water Act (CWA) establishes the basic structure for
regulating discharges of pollutants into waters of the United States; and
WHEREAS, the CWA was amended in 1987 to address nonpoint source pollution,
thereby requiring the U.S. Environmental Protection Agency (EPA) to issue National Pollutant
Discharge Elimination System ( NDPES) permits for stormwater discharge; and
WHEREAS, on December 8, 1999, the EPA promulgated regulations under the
authority of the CWA establishing Phase II of the NPDES stormwater program, thereby
requiring municipalities serving populations less than 100,000 in implement a stormwater
management program as a means to control polluted discharges from their municipal separate
storm sewer systems; and
WHEREAS, the EPA delegates NPDES permitting authority to the California State
Water Resources Control Board (State Board); and
WHEREAS, on April 30, 2003, the State Board adopted Water Quality Order No. 2003-
005 DWQ, , NPDES General Permit CAS000004 Waste Discharge Requirements for Stonn
Water Discharges from Small Municipal Separate Storm Sewer Systems (`Phase II Permit ") to
comply with Clean Water Act; and
WHEREAS, the Town of Tiburon is currently covered by the State Board's 2003 Phase
II Permit; and
WHEREAS, on February 5, 2013, the State Board adopted a revised Phase II Permit,
which goes into effect on July 1, 2013; and
WHEREAS, the Town of Tiburon is required to apply for coverage under the new Phase
II Permit by the effective date; and
WHEREAS, the current permit cost is $19,447 annually and will increase over the next
five fiscal years to approximately $27,500 or more; and
WHEREAS, the application for coverage, known as the Notice of Intent (NOI), must be
signed by a "Discharger" who is an executive officer or designee (Director of Public
Works /Town Engineer of the designated municipality; and
WHEREAS, the Discharger is responsible for reviewing, validating and certifying the
NOI for accuracy and correctness and submitting it electronically using the Storm Water Multi -
Application, Reporting and Tracking System (SMARTS) by July 1, 2013; and
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WHEREAS, the applicable NPDES permit fee, jurisdiction boundary map, and guidance
document noting overall program planning and identification of all Pen-nit requirements and
responsible implementing parties must be submitted with the NOI; and
WHEREAS, through the SMARTS application process the Discharger may assign one or
more Duly Authorized Representatives (DARs) to certify and submit annual reports on behalf of
the Discharger.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Tiburon as follows:
Section 1. The Town Council does hereby authorize the Town Manager to serve as the
Discharger and to apply for coverage under the Phase II Permit on behalf of the Town of
Tiburon, by electronically submitting a Notice of Intent via SMARTS. This authorization
extends to other actions that may be necessary to complete and submit the NOI.
Section 2. The Town Council does hereby authorizes the Town Manager to assign one or
more Duly Authorized Representatives to certify and submit annual reports on behalf of the
Town Manager.
PASSED AND ADOPTED at a regular meeting of the Town Council on the 19th day of
June 2013, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTEST:
DIANE CRANE IACOPI; TOWN CLERK
Doyle, Fraser, Fredericks, O'Donnell
None
One Vacant Seat
Zt'L
EMMETT O'DONNELL, MAYOR
TOWN OF TIBURON
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