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HomeMy WebLinkAboutAGENDA REPORT 2016 0706 CCSA REG JNT DC ITEM 10O ITEM 10.0. CITY OF r:7OO RPARK,CALIFORNIA City Council Meeting MOORPARK CITY COUNC 7-t-ao, to AGENDA REPORT ACTION: d To: Honorable City Council BY: Lri' From: Jessica Sandifer, Program Manag Date: June 24, 2016 (City Council Meeting of July 6, 2016) Subject: Consider Agreement to Participate in NPDES Permit Monitoring Program with Mosquito and Vector Control Association of California BACKGROUND & DISCUSSION The City of Moorpark is a member of the Mosquito and Vector Control Association of California (MVCAC). MVCAC provides NPDES monitoring to its members to ensure that Vector Control agencies are complying with the State Water Resource Control Boards (SWRCB) Water Quality Order 2016-0039-DWQ (General Permit) for Biological and Residual Pesticide Discharges to waters of the United States. Member agencies provide documentation of their pesticide use to MVCAC who provides a monitoring report to the state, as well as, ensures that the participating agencies are applying pesticides appropriately within the requirements of the General Permit. The Monitoring Agreement takes some of the administrative burden of complying with the General Permit off of City staff. The Agreement is renewed every five years, with the term of the new Agreement ending in June 2021. Staff is recommending that the City Council approve the Monitoring Agreement with MVCAC and authorize the City Manager to sign the Agreement. FISCAL IMPACT To date, MVCAC has not charged and the City has not paid any fees, other than the City's annual membership fees, to perform this service. However, there is language in the Agreement that does allow MVCAC to charge for monitoring services. This could happen if the General Permit is modified requiring a significant amount of work. MVCAC would notify staff if charges would be assessed and staff would revisit the Agreement at that time. The MVCAC annual membership fees of $1,600 are included in the FY 2016- 17 budget. 149 Honorable City Council July 6, 2016 Page 2 STAFF RECOMMENDATION Approve Agreement with MVCAC for NPDES Permit Monitoring, and authorize the City Manager to sign the Agreement. Attachment: Agreement 150 ATTACHMENT 1 m vicAc MOSQUITO AND VECTOR CONTROL ASSOCIATION OF CALIFORNIA NPDES PERMIT COALITION MONITORING Application and Agreement to Participate in Monitoring Program [Revised May 2016] Corporate Member: The MVCAC corporate member named above has applied or intends to apply for coverage under the Statewide NPDES Permit for Biological and Residual Pesticide Discharges to Waters of the United States from Vector Control Applications, SWRCB Water Quality Order 2016-0039-DWQ (General Permit) and it requests and agrees to enroll and participate in the Association NPDES Permit Coalition Monitoring Program. By approving, signing and submitting this Application and Agreement, the corporate member acknowledges, agrees and commits as follows: 1. The participating corporate member agrees to comply with and be subject to the Association Rules and Policies Governing NPDES Permit Coalition Monitoring Program, as the same may be amended by the Association from time to time (Rules and Policies). 2. The participating corporate member authorizes the Association to perform the statewide coalition Monitoring Services as described in the Rules and Policies on its behalf and on behalf of the other participating corporate members. Upon acceptance of this Application and Agreement, the Association agrees to provide such services. 3. The participating corporate member agrees to cooperate with the Association in its performance of the Monitoring Services, including the prompt submittal of such documents and information that may be reasonably requested by Association. 4. The participating corporate member agrees to pay its share of the Association's NPDES Permit Coalition Monitoring Program costs as determined and billed by the Association in accordance with the Rules and Policies (after application and use of coalition monitoring and reporting program reserves from prior years, as determined by Association). 8610\D051616rps (agmt.) -1_ 151 5. The participating corporate member commits to participate in the NPDES Permit Coalition Monitoring Program until June 30, 2021, including the commitment and agreement to pay its share of the program costs until that date. 6. The member acknowledges that if is expelled from the program pursuant to the Rules and Policies due to nonpayment or other default, then the member no longer shall be covered under the General Permit statewide coalition monitoring program for adulticides. 7. The participating corporate member agrees to indemnify the Association in accordance with the indemnification provision of the Rules and Policies. 8. Except for the statewide coalition Monitoring Services undertaken by the Association, the participating corporate member agrees to comply with all other requirements and limitations of the General Permit and the participating corporate member's Pesticide Application Plan for the discharge of pesticides to waters of the United States resulting from adult and larval mosquito control. I certify that this Application and Agreement has been approved by the above-named corporate member and that I am authorized to sign this Application and Agreement on behalf of the corporate member. Date: [signature] [name] [title] Approved and accepted. Date: Association Executive Director 8610\D051616rps(agmt.) _2- 152