HomeMy Public PortalAbout086-2008 - Stormwater - Earlham College - MS4 agreementMUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) AGREEMENT
This Agreement, made and entered into this 8th _ day of _July ,
2008, by and between the City of Richmond, Indiana, hereinafter referred to as the "City"
and Earlham College, hereinafter referred to as "EC".
WITNESSETH, THAT
Whereas, the Indiana Department of Environmental Management,
hereinafter referred to as "IDEM", has designate both the City and EC as MS4 entities,
and
Whereas, IDEM encourages regulated communities and other urban entities
to coordinate their MS4 activities, and
Whereas, the City and EC recognize that the maximum benefit to improve
water quality and, therefore, the public in general may be realized by coordinating their
MS4 activities, and
Whereas, the City and EC recognize that coordination of their MS4 activities
will result in the most cost-effective development of the MS4 Program and, therefore,
benefiting both the City and EC.
NOW, THEREFORE, it is AGREED as follows:
The City and EC hereby agree that the City will be the responsible entity
for application, development, and permit compliance for the MS4 Program
within their joint MS4 area. As the responsible entity, the City will
designate in the Permit Application the "MS4 Operator" or "point of
contact", meaning the person responsible for development,
implementation, and enforcement of the Minimum Control Measures
(MCM's) within the designated MS4 area.
2. EC hereby agrees to furnish the City, in a timely manner, with all pertinent
existing maps, plans, drawings, sketches, an diagrams of the existing
buildings, campus areas, and other EC property.
3. EC also agrees to furnish the City, in a timely manner, with the locations
of all known outfalls of stormwater runoff conveyances such as, but not
limited to: parking areas, drives, catch basins, curbs, gutters, ditches,
channels, ponds, storm drains, swales, and field tiles.
Contract No. 86-2008
4. EC also agrees to furnish the City, in a timely manner, with the locations
of any known illicit discharges or illegal dumping activities on EC
property.
EC also agrees to furnish the City, in a timely manner, with any other data
or information that may be required by the City's MS4 Operator to
develop the Stormwater Quality Management Plan (SWQMP).
6. The City hereby agrees to allow EC to review the renewal Notice of Intent
letter (NOI) and the SWQMP-Part A, and the SWQMP-Part B, and the
SWQMP-Part C prior to the City submitting the same to IDEM's MS4
Coordinator.
7. EC also agrees to develop and implement the necessary operations and
procedures to comply with the SWQMP.
EC also agrees to furnish the City, in a timely manner, with all data that
may be needed to comply with the required MS4 reporting, such as, but
not limited to, the amount of salt, herbicides and fertilizers used by all EC
enterprises.
9. In exchange for the City being the responsible party for application,
development, implementation, enforcement and permit compliance with
the joint MS4 area, EC herby agrees to assist in developing, organizing,
hosting and implementing the PUBLIC EDUCATION AND OUTREACH
and PUBLIC INVOLVEMENT AND PARTICIPATION portions of the
six minimum control measures required for the joint MS4 area Stormwater
Quality Management Plan. These may include, but not be limited to the
following:
Public Education and Outreach
• Assist in copying educational materials (e.g. brochures, fact sheets,
recreational guides)
• Assist with educational programs
• Promote event participation
• Mark storm drains on the Earlham campus
Public Involvement and Participation
• Assist in publicizing and holding public meetings
• Serve on citizen advisory panels
• Assist in volunteer water quality monitoring program
• Participate in community clean-up or storm drain marking projects
• Participate in "adopt a storm drain" programs
This Agreement will expire five (5) years after the date the renewal NOI letter
was received by IDEM. The expiration of this Agreement coincides with the expiration
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of the National Pollutant Discharge Elimination System (NPDES) Permit to be applied
for under the terms of this Agreement. Re -application for the NPDES Permit is required
a minimum of sixty (60) days prior to the expiration of the Permit. Therefore, the City
and EC agree to evaluate the cooperation between and the performance of the parties of
this Agreement at least one hundred eighty (180) days prior to the expiration date of the
NPDES Permit. At that time, the parties may extend the Agreement, revise the
Agreement, or terminate the Agreement.
IN WITNESS WHEREOF, the parties have this 31st day of _July ,
2008, executed this Agreement in 1 duplicated identical parts by their duly
authorized representatives.
Attest:
Denise Johnson
STORMWATER MANAGEMENT BOARD
OF THE CITY OF RICHMOND
BY: S/S Richard Bodiker
Richard Bodiker, President
S/S Sue Miller
Sue Miller, Member
S/S Gilbert Klose
Gilbert Klose, Member
EARLHAM COLLEGE
BY: S/S Alan S. Bigger
Alan S. Bigger
Title: Director of Facilities
STATE OF INDIANA, COUNTY OF WAYNE, SS:
Before me, the undersigned Notary Public this 31st day of _July ,
2008, appeared Earlham College by Alan S. Bigger, Director of Facilities, and then and
there acknowledged the execution of the above and foregoing Agreement.
Witness my hand and seal of my office.
My Commission Expires:
June 10, 2010
S/S Valerie Denise Johnson
(Printed) _Valerie Denise Johnson
Notary Public
A resident of _Wayne County, Indiana
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