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HomeMy WebLinkAboutResolutions - 1979.04.05 - 12215• : faRCf129, 1979 FISCAL NOTE BY: Finance Committee, Dennis Murphy, Chairperson IN RE: 1979 CONTRACTUAL AGREEMENT - "208" - FEDERAL POLUTION CONTROL ACT - MISCELLANEOUS RESOLUTION 08792 Pursuant to Rule XI-C of this Board the Finance Committee has reviewed Miscellaneous Resolution #8792 and finds the contract covers a period of January 1, 1979 through June 30, 1979. Said contract is for planning purposes only and not implementation of any programs. Included in the planning phase is determination of requirements for a water quality control program including resource requirements and cost and determination of a means to fund any program. Any plan and funding means resultant from this plan will be presented to the appropriate comm- ittees before implementation. Initial cost to the County for the planning stage is $8,727. Pursuant to Rule XI-C of this Board, the Finance Committee finds $8,727 available in the 1979 Contingent fund. Said funds are to be transferred to the Professional Services Line item in the Department of Public Works Administration's budget. FINANCE COMMITTEE Dennis Murphy, Chairperson • February 15, 1979 FISCAL NOTE BY: Finance Committee, Dennis Murphy, Chairperson IN RE: 1979 CONTRACTUAL AGREEMENT - "208" - FEDERAL POLUTION CONTROL ACT - MISCELLANEOUS RESOLUTION #8792 Pursuant to Rule XI-C of this Board the Finance Committee has reviewed Miscellaneous Resolution #8792 and finds the contract covers a period of January 1, 1979 through June 30, 1979. Said contract is for planning purposes only and not implementation of any programs. Included in the planning phase is determination of requirements for a water quality control program including resource requirements and cost and determination of a means to fund any program. Any plan and funding means resultant from this plan will be presented to the appropriate comm- ittees before implementation. Initial cost to the County for the planning stage is $8,727. Pursuant to Rule X1-C of this Board, the Finance Committee finds $8,727 available in the 1979 Contingent fund. Said funds are to be transferred to the Professional Services Line item in the Department of Public Works Administration's budget. FINANCE COMMITTEE Dennis Murphy, Chairperson February 1, 1979 8792 Miscellaneous Resolution BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairperson IN RE: "208" FEDERAL WATER POLLUTION CONTROL ACT - 1979 CONTRACTURAL AGREEMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland is required by law to comply with Public Law 92-500, the Federal Water Pollution Control Act Amendments of 1972; and WHEREAS, Section 208 of PL 92-500 requires the development and implementation of an areawide water quality management plan; and WHEREAS, the "Water Quality Management Plan for Southeast Michigan" was prepared by SEMCOG and adopted by the SEMCOG General Assembly; and WHEREAS, as indicated in Exhibits A and B, the Continuing Planning Agency(SEMCOG) and the Areawide Water Quality Board will be performing certain planning services directed toward achieving the requirements and the clean water goals of PL 92-500 and ensuring that Southeast Michigan is eligible for Federal grants for water pollution control under applicable federal programs; and WHEREAS, PL 92-500 requires certain agencies, as designated by the Governor, as Designated Management Agency (DMA) to be responsible for carrying out certain actions under the plan; and WHEREAS, the County of Oakland (identified as a DMA in the plan) accepted on June 1, 1978 Miscellaneous Resolution 8470, DMA designation for the planning, construction and operation of its waste water treatment facility for a one year period and pay its proportionate share of costs for the functions of continuing areawide water quality management planning and oversight of plan implementation as required by law under "208" Water Quality Management Plan (PL 92-500) when approved and certified by the Governor and the United States \ '11F,nvironmental Protection Agency. \ NOW THEREFORE BE IT RESOLVED that the County of Oakland accepts '...N. designatlpn as a Designated Management Agency (DMA) in accordance with the Water Qualify\PIan for Southeast Michigan to perform those management responsibilities st forth in Appendix I. (Local Implementation Strategy) BE IT FURTHER RESOLVED that the County of Oakland agrees to cooperate in the preparation of a local implementation strategy (Appendix I), including estimates of necessary personnel, financial requirements, identification of problem areas, establishment of an implementation schedule and priorities for its assigned management responsibilities. BE IT FURTHER RESOLVED that the County of Oakland in assuming responsibility under the plan approves the attached agreement for the purpose of providing financial support for the functions of continuing areawide water quality planning and oversight of plan implementation and the Chairperson of the Oakland County Board of Commissioners is hereby authorized and directed to execute the necessary agreement for and in behalf of the County of Oakland. The Planning and Building Committee by Richard R. Wilcox, Chairperson, moves the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE tAl..aeAvL Richard R.'Wilcox, Chairpe i7 son „.. AGREEMEMT SOUTHEAST MICHIGAN COUNCIL OF COUNTY OF OAKLAND OVERNMENZS BY:1 _ Micnael M. GILiTac,-4rxecutive Director April 17, 1979 ATTEST: Agreement Date: I 5C. 1979 Ar 20 WITNESSETH: WHEREAS, the County of Oakland, Michigan has accepted dWO-ion- in-•----- principle as a Designated Management Agency ("DMA") pursuant tb .tbEtion 208 of the Federal Water Pollution Control Act Amendments of 1972, PL 92-500 and the Clean Water Act of 1977, PL 95-217 and has agreed to perform such DMA functions as are applicable to it; and - WHEREAS, the Southeast Michigan Council of Governments ("SEMCOG") has been designated as the continuing planning agency pursuant to Section 208 of the Federal Water Pollution Control Act Amendments of 1972, PL 92-500; and WHEREAS, the County of Oakland, as a DMA, requires certain planning services to assist it in performing its responsibilities as set.forth in the Plan and in applicable Federal and State statutes and regulations and to assure its continued eligibility for facilities grant monies under Section 201 and 204 of PL 92-500 and under PL 95-217. WHEREAS, SEMCOG and the Areawide Water Quality Board ("AWQB"), an agency created pursuant to the Water Quality Management Plan for Southeast Michigan, will perform certain planning services pursuant to Chapters I and II of the Water Quality Management Plan for Southeast Michigan (the "Plan"), which Chapters of the Plan have been adopted by SEMCOG and approved by the Governor of the State • of Michigan and the United States Environmental Protection Agency; IT IS, THEREFORE, AGREED by and between the parties as follows: 1. SEMCOG and the AWQB will perform the planning services and acts for and in behalf of the County of Oakland as are enumerated in Exhibits A and B attached hereto and made part hereof, as such services and acts are from time to time required. 2. In consideration of such services and acts the County of Oakland shall remit to SEMCOG a charge in an amount not to exceed the equivalent of $0.01 per 1,000 cubic feet of sewage flow generated within the County of Oakland's service area. The County of Oakland shall have the sole discretion as to the method of payment said service charge. For the period from January 1, 1979 to June 30, 1979, the service charge to be remitted by County of Oakland to SEMCOG is eight thousand seven hundred twenty-seven ($8,727.00) dollars based on 1977 sewage flow. The service charge shall be payable without written demand by the County of Oakland to SEMCOG, in equal increments, on the first day of January 1979 and on each calendar quarter thereafter. 3. This agreement shall remain in effect until June 30, 1979. 4. This agreement shall be effective upon the adoption of an appropriate' resolution by the County of Oakland and by SEMCOG. The agreement may be terminated by any of the parties hereto upon sixty (60) days written notification of such termination. 5. This agreement may from time to time be amended in the manner of its original enactment. IN WITNESS WHEREOF, the parties, hereto have caused this agreement to be made and executed this 17th day of April, 1. January 1979 APPENDIX I :ITIES, VILLAGES, 'GUNSHIPS, COUNTIES :facilities operators) II.H. 11.1.1. Sewer, Water & Solid Waste Drain Board of Commissioners Additional cost of $250,000 as itemized below. No additional cost to County. No additional cost to County. Additional cost to County of $10,000. Additional cost to County of $7,500. LOCAL IMPLEMENTATION STRATEGY AGENCY: OAKLAND COUNTY MN POLICY NO. RESPONSIBILITIES LEAD AGENCY Contact Person COMMENTS IL DESIGNATED MANAGEMENT .GENCIES WITHIN SOUTHEAST IICHICAN The County of Oakland with the cooperation of the Continuing Planning Agency will prepare a Local Implementation Strategy which includes estimates of personnel and financial requirements, identification of implementation problem areas and establishment of schedule and priorities for implementation of all assigned management responsibilities. -Contribute equitable share of costs (based on sewage flow for the first year) in the support of areawide water quality planning and overview. -Operate wastewater collection and treatment facilities in accord with P1 92-500. Board of Commissioners Board of Commissioners Sewer, Water & Solid Waste Drain III.C.3 III.E.2 -In the early stages of wastewater facilities planning, submit the following to the State and the Continuing Planning Agency for review and comment: -Specific problem areas within the study areas, and •Brief descriptions of all alternatives to be considered. -Coordinate sanitary sewer collection system expansion with areas as now or designated to be sewered on the regional sewer service area map, unless exceptions are granted upon recommendation of the Areawide Water Quality Board and approval of the Regional Clearing- house Review Committee.. January 1979 LOCAL IMPLEMENTATION STRATEGY AGENCY: OAKLAND COUNTY AN POLICY NO. RESPONSIBILITIES LEAD AGENCY COMMENTS Contact Person 2ITIES, VILLAGES, III.E.S -If a local facility plan is modified in regards to Drain No additional cost to County. FOWNSHIPS, COUNTIES system capacity, deletion, extension and/or relocation of (facilities operators) system subsequent to review by the Continuing Planning Sewer, Water & (Cont'd.) Agency, submit the facility plan for additional review Solid Waste to the Continuing Planning Agency. V.D. -If the selected sludge disposal alternative in each Drain No additional cost to County. facility plan is not implemented, present alternative Sewer, Water & . systems to the Continuing Planning Agency for additional Solid Waste • review. . Health . . , . . • (Oakland County and III.E.4. -Prepare reports outlining abatement measures which Drain Additional cost to County of- Southeast Macomb have been taken to alleviate combined sewer overflows. $172,000. Water & ... Sanitary District) Sewer, - . . -In coordination with the Continuing Planning Agency, Solid Waste conduct detailed analysis of the effects of combined sewer overflows for: Evergreen-Farmington, Southeast , Oakland (Red Run), collection districts and the City of Farmington. (Parties to the Detroit III.0.1. -Assist, as appropriate, in attaining the performance Board of Additional cost to County Consent Judgment) of the consent judgment as a part of the provision of Commissioners cannot be determined at this acceptable water quality within Southeast Michigan time. and Lake Erie. (Suburban municipalities III.E.1. -Undertake detailed planning to determine the Local No additional cost to County. and sanitary collection extend and location of needed collection system Jurisdiction districts) improvements, as appropriate. . _ i 2. January 1979 3. LOCAL IMPLEMENTATION STRATEGY AGENCY: OAKLAND COUNTY - AN POLICY NO. RESPONSIBILITIES LEAD AGENCY COMMENTS Contact Person :OUNTY AND LOCAL II.C.6. -Local Enforcement Agencies and Authorized Public Drain No additional cost to County. . '.A. 347 AGENCIES Agencies with enforcement responsibilities under Michigan P.A. 347 of 1972: continue to perform current functions relative to soil erosion and sedimentation control in accordance with the provisions of the Act. :OUNTY, CITY, VILLAGE IV.D.2. -Cooperate with the Continuing Planning Agency in the Planning Additional cost to County of MO TOWNSHIP GOVERNMENTS preparation of water quality protection guidelines for Health $4,000. use in the review of all new development and redevelop- . ment. Incorporate such guidelines into land develop- Drain • merit review procedures. - Sewer, Water 4 Solid Waste ' . IV.D.3. -Submit site plans of proposed major development to the Local No additional cost to County. Areawide Water Quality Board for water quality impact Jurisdiction " . review. - . . IV.D.6. -Work with the Continuing Planning Agency toward eval- Drain No additional cost to County. uating various stormwater control alternatives in stormwater quality problem areas. 11.1.9. -Develop/amend land use plans and zoning ordinances to Local Additional cost to County of assure that septic systems are permitted only in Jurisdiction $1,000. physically suitable areas. Health Planning , January 1979 4. LOCAL IMPLEMENTATION STRATEGY AGENCY: OAKLAND COUNTY LEAD AGENCY NN POLICY NO. RESPONSIBILITIES COMMENTS Contact Person )1JNTY, CITY, VILLAGE, AND IV.G.1. -Cooperate with the AWQB by submitting land use plans and Local No additional cost to MNSHIP GOVERNMENTS zoning ordinances to the AWQB for review to insure that such Jurisdiction County. mt'd.) documents provide adequate protection to ground and surface waters from the potential impacts of future unsewered develop- ment. • -Cooperate with Continuing Planning Agency in development of standards and guidelines for use by local units of govern- ment in developing local plans and zoning ordinances aimed at . reducing potential for water contamination from unsewered development. IV.G.6. -Participate in the ground water quality monitoring program, Health No additional cost to _ . . coordinated by the AWQB, in septic system problem areas. County. . IV.G.7. -Cooperate with Continuing Planning Agency in documentation of Health No additional cost to . . potential septage disposal problems and investigation of Local County. disposal alternatives. Jurisdiction , IV.H.S. -Submit site plans of proposed landfill sites to the Health No additional cost to AWQB for water quality impact review. County. :ounty Governments and IV.H.4. -Prepare/revise the county and local solid waste management Sewer, Water & No additional cost to ity, Village and plan to assure that required preliminary landfill site Solid Waste County. awnship Governments planning takes into account water quality protection. Each Health ith Population over plan should provide a systematic method of site analysis and D,000) selection which includes land use, soil, hydrologic and geo- logic data necessary for preliminary site evaluation of water quality impacts. , 5. January 1979 LOCAL IMPLEMENTATION STRATEGY AGENCY: OAKLAND COUNTY PLAN POLICY NO. RESPONSIBILITIES LEAD AGENCY COMMENTS Contact Person _ _.. COUNTY HEALTH IV.G.3. -Emphasize the following in programs to control pollution Health No additional cost to DEPARTMENTS from septic systems: County. .Provide assurance that the water table level indicated during the soil evaluation shows the highest annual level. -Provide for the thorough inspection of septic systems . . during their installation to assure conformance with code provisions. .. • .Provide a comprehensive educational program designed • to inform local elected and appointed officials and _ residents of proper operation and maintenance require- . ments for their septic systems. IV.G.5. -Cooperate with AWQB on analysis of septic system treat- Health No additional cost to . ment efficiencies and failures. County. IV.H.3. -Participate in the State's solid waste management program. Sewer, Water & No additional cost to . Solid Waste County. IV.H.6. -Cooperate with the AWQB in the identification and monitoring Health No additional cost to of landfill sites which have a high water quality impact. County. IV.H.6. -Assist local units of governments in instituting planning and Health Additional cost to County land use control practices to ensure that land use and of $500. Planning construction on or adjacent to a closed or active landfill site provides for water quality protection. _ . . , January 1979 6. LOCAL IMPLEMENTATION STRATEGY AGENCY: OAKLAND COUNTY PLAN POLICY NO. RESPONSIBILITIES LEAD AGENCY COMMENTS Contact Person DRAIN COMMISSIONERS IV.D.4. -In conjunction with Continuing Planning Agency, develop Drain No additional cost to criteria designed to implement water quality improvement County measures at the time a major drainage project is under- taken. . IV.D.4. -Implement water quality protection measures in the repair, Drain Additional cost to County rehabilitation, and expansion of drain projects wherever of $5,000. feasible. IV.E.4. -Prepare programs for implementing best management practices Drain Additional cost to County • as appropriate in rural areas in conjunction with the of $50,000. • , . Cooperative Extension Service, Soil Conservation Districts •- and the Agricultural Stabilization and Conservation . , . Service, for submission to the Continuing Planning Agency. - . EXHIBIT A: RESPONSIBILITIES OF THE CONTINUING PLANNING AGENCY (SEV.COG) EXHIBIT A: RESPONSIBILITIES OF THE CONTINUING PLANNING AGENCY (SEMCOG) The Southeast Michigan Council of Governments, as the Continuing Planning Agency, will be annually updating the Water Quality Management Plan ("the Plan") to meet the clean water goals of the Federal Water Pollution Control Act Amendments and to insure that municipalities within Southeast Michigan are eligible for federal grant assistance. It will undertake those planning and analysis activities, at the regional level that are necessary for the Plan update process. In this role, the Council of Governments will assist local units of government in their detailed planning and implementation work by making available a variety of planning services to communities including continuing analysis and delineation of specific water quality problems and the development of data bases, maps, guidelines, and other planning techniques for use by local. governments in protecting and improving their water resources. Specifically, in the initial year's planning program the Council will be undertaking the following activities: A. Reassessment, and as appropriate, revision and refinement of the Water Quality Management Plan for Southeast Michigan. B. An identification of the water quality impacts of various general categories of land uses and types of land use patterns. C. The identification of measures leading to the establishment of an industrial waste information clearinghouse for the region to facilitate the recycling and reuse of industrial waste products. D. :The refinement of a financing mechanism which could distribute the local share of the costs Of continuing areawide planning and over- view more equitably throughout the planning area. E. The development of a set of standards for use as a guide by local units of government in reviewing the water quality impact of proposed development. F. The development of maps and other guidance for use by local land use planners in assessing the soil limitations for development with septic systems. G. The preparation of an updated map which establishes generalized areas to be served with sanitary sewers during defined time increments over the next twenty years. H. The preparatfon of development guidelines for use by local governments for preventing degradation of water quality in urban fringe areas characterized by mixed land use and rapid change. ' Exhibit A J. e• • • I. The delineation of specific agricultural pollution problem areas for guidance to Soil Conservation Districts in field investigation of local problem areas. The identification of economic impacts and costs relative to water quality benefits that will result from the implementation of various types and levels of controls and management practices. K. The provision of guidance and assistance to designated manage- ment agencies concerning their water quality management responsibilities, including assistance in developing local im- plementation strategies and obtaining funding necessary for Plan implementation. L. The performance of varj administrativetions relative to the organization and impl 1Thtc -5F--6717he Areawide Water Quality Board, includimj the preparation of its initial workplan and budget. M. The development of an environmental education strategy designed to raise the region's level of awareness regarding water quality concerns, including the identification of agencies' responsibili- ties in the implementation of educational programs. N. As necessary, hearing appeals of decisions made by the Area .jde Water Quality P.oard regarding the Plan. EXHIBIT B: RESPONSIBILITIES OF THE AREAWIDE 'vlATFP, QUALITY BOARD EXHIBIT B: RESPONSIBILITIES OF THE AREAWIDE WATER QUALITY BOARD The Areawide Water Quality Board's (AWQB) principal responsibilities under the Plan are to monitor and oversee all aspects of Plan implementation, to coordinate inter-agency management activities, to assist local commJnities in water pollution control efforts, and to serve as an advocate of local concerns at the state and federal levels. In the first year's program, much of the AWB's efforts will be organizational in nature. However, once fully established, the AWQB will perform a variety of functions and administrative services including: A. Monitor and assist Designated Management Agencies in performing their Plan implementation responsibilities. B. Monitor the implementation of programs and practices for point and nonpoint source water pollution control. C. Review and comment on water quality related federal grant applications. D. Review and comment on applications for water quality related state permits and licenses to assure their issuance in conformance with the Plan. Work with applicants as necessary to achieve Plan compliance. E. Review proposed major development plans for water quality impacts and prepare and forward comments to appropriate state and local agencies. F. Assist, to the extent feasible, Desi9nated Management Agencies in obtaining funding necessary for Water Quality Management Plan jmplementation. G. Hear and attempt to resolve conflicts related to the Plan. H. Sample water quality for Plan compliance. 1. Recommend Plan modifications to the Continuing Planning Agency. J. Review local plans and zoning ordinances upon request by local governments to insure that ground and surface waters are adequately protected from impact of future unsewered residential/development. Advise local communities of planning or zoning changes necessary to protect surface and groundwater. ' Exhibit B K. Establish a regional data base 'and cbhduct, in cooperation with county health departments, an analysis of septic system treatment efficiencies and failures. L. Consider support of state legislation to correct statutory and management deficiencies relative to reducing pollution from sanitary landfills including modifications fostering a more precise division of'responsibilities among involved agencies. M. Review site plans of proposed landfill sites for water quality impact and prepare and forward com.ments to appropriate federal, state, and local agencies. N. In cooperation with responsibie state and local agencies, encourage and, where necessary, initiate water quality monitoring on the identified landfill sites which are determined to have a high potential water quality impact. 0. Support legislation to correct deficiencies in the present system regulating the handling and disposal of liquid industrial wastes. P. Serve as a regional ombudsman for water quality related problems with the state. Q. Evaluate the effectiveness of voluntary farm planning methods and determine the need for enforcement of agricultural land management practices. • 17 iitsilitC1-1 29, 1979 FISCAL NOTE BY: Finance Committee, Dennis Murphy, Chairperson IN RE: 1979 CONTRACTUAL AGREEMENT - 208" - FEDERAL POLUTION CONTROL ACT - MISCELLANEOUS RESOLUTION #8792 Pursuant to Rule XT-C of this Board the Finance Committee has reviewed Miscellaneous Resolution #8792 and finds the contract covers a period of January 1, 1979 through June 30, 1979. Said contract is for planning purposes only and not implementation of any programs. Included in the planning phase is determination of requirements for a water quality control program including resource requirements and cost and determination of a means to fund any program. Any plan and funding means resultant from this plan will be presented to the appropriate comm - ittees before implementation. Initial cost to the County for the planning stage is $8,727. Pursuant to Rule X1-C of this Board, the Finance Committee finds $8,727 available in the 1979 Contingent fund. Said funds are to be transferred to the Professional Services Line item in the Department of Public Works Administration's budget. FINANCE COMMITTEE Dennis Murphy, Chairperson /D • February 15, 1979 FISCAL NOTE BY: Finance Committee, Dennis Murphy, Chairperson IN RE: 1979 CONTRACTUAL AGREEMENT - "208" - FEDERAL POLUTION CONTROL ACT - MISCELLANEOUS RESOLUTION #8792 Pursuant to Rule XI-C of this Board the Finance Committee has reviewed Miscellaneous Resolution #8792 and finds the contract covers a period of January 1, 1979 through June 30, 1979. Said contract is for planning purposes only and not implementation of any programs. Included in the planning phase is determination of requirements for a water quality control program including resource requirements and cost and determination of a means to fund any program. Any plan and funding means resultant from this plan will be presented to the appropriate comm- ittees before implementation. Initial cost to the County for the planning stage is $8,727. Pursuant to Rule Xl-C of this Board, the Finance Committee finds $8,727 available in the 1979 Contingent fund. Said funds are to be transferred to the Professional Services Line item in the Department of Public Works Administration's budget. FINANCE COMMITTEE Dennis Murphy, Chairperson February 1, 1979 Miscellaneous Resolution 8792 BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairperson IN RE: "208" FEDERAL WATER POLLUTION CONTROL ACT - 1979 CONTRACTURAL AGREEMENT TO THE OAKLAND COUNTY BOARD OF COMMISTONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oaklanc is required by law to comply with Public Law 92-500, the Federal Water Follution Control Act Amendments of 1972; and WHEREAS, Section 208 of PL 92-500 requires the development and implementation of an areawide water quality management plan; and WHEREAS, the "Water Quality Management Plan for Southeast Michigan" was prepared by SEMCOG and adopted by the 3EMCOG General Assembly; and WHEREAS, as indicated in Exhibits A and B, the Continuing Planning Agency(SEMCOG) and the Areawide Water Zuality Board will be performing certain planning services directed toward achieving the requirements and the clean water goals of PL 92-500 and ensuring that Southeast Michigan is eligible for Federal grants for water Nllution control under applicable federal programs; and WHEREAS, PL 92-500 requires ce:•tain agencies, as designated by the Governor, as Designated Management Agency (DMA) to be responsible for carrying out certain actions under the plan; and WHEREAS, the County of Oakland (identified as a DMA in the plan) accepted on June 1, 1978 Miscellaneous Resolution 8470, DMA designation for the planning, construction and operaticn of its waste water treatment facility for a one year period and pay its propertionate share of costs for the functions of continuing areawide water quality management planning and oversight of plan implementation as required by law under "208" Water Quality Management Plan (PL 92-500) when approved and certified by the Governor and the United States *nvironmental Protection Agency. NOW THEREFORE BE IT RESOLVED that the County of Oakland accepts designar as a Designated Management 4gency (DMA) in accordance with the Water Qualityk. Plan for Southeast Michigin to perform those management responsibilities S-ct forth in Appendix E. (Local Implementation Strategy) \ ?. BE IT FURTHER RESOLVED that the County of Oakland agrees to cooperate in the preparation of a local implementation strategy (Appendix I), including estimates of necessary personnel, financial requirements, identification of problem areas, establishment of an implementation schedule and priorities for its assigned management responsibilities. BE IT FURTHER RESOLVED that the County of Oakland in assuming responsibility under the plan approves the attached agreement for the purpose of providing financial support for the functions of continuing areawide water quality planning and oversight of plan implementation and the Chairperson of the Oakland County Board of Commissioners is hereby authorized and directed to execute the necessary agreement for and in behalf of the County of Oakland. The Planning and Building Committee by Richard R. Wilcox, Chairperson, moves the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Richard R.'Wilcox, Chairpervson L • AK SOUTHEAST MICHIGAN COUNCIL OF COUNTY 0F OAKLAND COVERNMENZS BY cnae I PI. usac, xecutive Director Agreement Date: April 17, 1979 ATTEST: AGREEMENT 1979 tL 20 1 5G WITNESSETH: WHEREAS, the County of Oakland, Michigan has accepted dWp,ip}#54zon- in -- — principle'as a Designated Management Agency ("DMA") pursuant t6'bEtion 208 the Federal Water Pollution Control Act Amendments of 1972, PL 92-500 and the Clean Water Act of 1977, PL 95-217 and has agreed to perform such DMA functions as are applicable to it; and WHEREAS, the Southeast Michigan Council of Governments ("SEMCOG") has been designated as the continuing planning agency pursuant to Section 208 of the Federal Water Pollution Control Act Amendments of 1972, PL 92-500; and WHEREAS, the County of Oakland, as a DMA, requires certain planning services to assist it in performing its responsibilities as set.forth in the Plan and in applicable Federal and State statutes and regulations and to assure its continued eligibility for facilities grant monies under Section 201 and 204 of PL 92-500 and under PL 95-217. WHEREAS, SEMCOG and the Areawide Water Quality Board ("AWQB"), an agency created pursuant to the Water Quality Management Plan for Southeast Michigan, will perform certain planning services pursuant to Chapters I and II of the Water Quality Management Plan for Southeast Michigan (the "Plan"), which Chapters of the Plan have been adopted by SEMCOG and approved by the Governor of the State of Michigan and the United States Environmental Protection Agency; IT IS, THEREFORE, AGREED by and between the parties as follows: 1. SEMCOG and the AWQB will perform the planning services and acts for and in behalf of the County of Oakland as are enumerated in Exhibits A and B attached hereto and made part hereof, as such services and acts are from time to time required. 2. In consideration of such services and acts the County of Oakland shall remit to SEMCOG a charge in an amount not to exceed the equivalent of $0.01 per 1,000 cubic feet of sewage flow generated within the County of Oakland's service area. The County of Oakland shall have the sole discretion as to the method of payment said service charge. For the period from January 1, 1979 to June 30, 1979, the service charge to be remitted by County of Oakland to SEMCOG is eight thousand seven hundred twenty-seven ($8,727.00) dollars based on 1977 sewage flow. The service charge shall be payable without written demand by the County of Oakland to SEMCOG, in equal increments, on the first day of January 1979 and on each calendar quarter thereafter. 3. This agreement shall remain in effect until June 30, 1979. 4. This agreement shall be effective upon the adoption of an appropriate' resolution by the County of Oakland and by SEMCOG. The agreement may be terminated by any of the parties hereto upon sixty (60) days written notification of such termination. 5. This agreement may from time to time be amended in the manner of its original enactment. IN WITNESS WHEREOF, the parties, hereto have caused this agreement to be made and executed this 17th day of April, 197.9_' 1. January 1979 APPENDIX I LOCAL IMPLEMENTATION STRATEGY AGENCY: OAKLAND COUNTY ,AN POLICY NO. RESPONSIBILITIES LEAD AGENCY COMMENTS Contact Person , ALL DESIGNATED MANAGEMENT The County of Oakland with the cooperation of the Board of Additional cost of AGENCIES WITHIN SOUTHEAST Continuing Planning Agency will prepare a Local Commissioners $250,000 as itemized below. MICHIGAN Implementation Strategy which includes estimates of personnel and financial requirements, identification of implementation problem areas and establishment of schedule and priorities for implementation of all assigned management responsibilities. . . CITIES, VILLAGES, II.H. -Contribute equitable share of costs (based on sewage Board of No additional cost to County. TOWNSHIPS, COUNTIES flow for the first year) in the support of areawide Commissioners . (facilities operators) water quality planning and overview. . L —,.-- 11.1.1. -Operate wastewater collection and treatment facilities Sewer, Water & No additional cost to County. in accord with P1 92-500. Solid Waste ' ' . Dr4in III.C.3 -In the early stages of wastewater facilities planning, Sewer, Water & Additional cost to County of submit the following to the State and the Continuing Solid Waste $10,000. Planning Agency for review and comment: .Specific problem areas within the study areas, and Drain .Brief descriptions of all alternatives to be considered. _) III.E.2 -Coordinate sanitary sewer collection system expansion Board of Additional cost to County of with areas as now or designated to be sewered on the Commissioners $7,500. regional sewer service area map, unless exceptions are . granted upon recommendation of the Areawide Water Quality Board and approval of the Regional Clearing- house Review Committee. January 1979 LOCAL IMPLEMENTATION STRATEGY AGENCY: OAKLAND COUNTY - AN POLICY NO. RESPONSIBILITIES LEAD AGENCY COMMENTS Contact Person CITIES, VILLAGES, III.E.5 -If a local facility plan is modified in regards to Drain No additional cost to County. TOWNSHIPS, COUNTIES system capacity, deletion, extension and/or relocation of (facilities operators) system subsequent to review by the Continuing Planning Sewer, Water 4 (Cont'd.) Agency, submit the facility plan for additional review Solid Waste to the Continuing Planning Agency. V.D. -If the selected sludge disposal alternative in each Drain No additional cost to County. . facility plan is not implemented, present alternative • Sewer, Water & systems to the Continuing Planning Agency for additional Solid Waste . review. - Health . - • (Oakland County and III.E.4. -Prepare reports outlining abatement measures which Drain Additional cost to County of- Southeast Macomb have been taken to alleviate combined sewer overflows. $172,000. . Sewer, Water & ..' Sanitary District) - . . -In coordination with the Continuing Planning Agency, Solid Waste conduct detailed analysis of the effects of combined sewer overflows for: Evergreen-Farmington, Southeast , Oakland (Red Run), collection districts and the city of Farmington. (Parties to the Detroit III.D.1. -Assist, as appropriate, in attaining the performance Board of Additional cost to County Consent Judgment) of the consent judgment as a part of the provision of Commissioners cannot be determined at this acceptable water quality within Southeast Michigan time. and Lake Erie. (Suburban municipalities III.E.1. -Undertake detailed planning to determine the Local No additional cost to County. and sanitary collection extend and location of needed collection system Jurisdiction districts). improvements, as appropriate. 2. January 1979 3. LOCAL IMPLEMENTATION STRATEGY AGENCY: OAKLAND COUNTY • AN POLICY NO. RESPONSIBILITIES LEAD AGENCY COMMENTS Contact Person DUNTY AND LOCAL 11.C.6. -Local Enforcement Agencies and Authorized Public Drain No additional cost to County. . '.A. 347 AGENCIES Agencies with enforcement responsibilities under Michigan P.A. 347 of 1972: continue to perform current functions relative to soil erosion and sedimentation control in accordance with the provisions of the Act. - MINTY, CITY, VILLAGE IV.D.2. -Cooperate with the Continuing Planning Agency in the Planning Additional cost to County of UND TOWNSHIP GOVERNMENTS preparation of water quality protection guidelines for Health $4,000. use in the review of all new development and redevelop- . ment. Incorporate such guidelines into land develop- Drain ment review procedures. • Sewer, Water & .. . . . . ' Solid Waste . . • IV.D.3. -Submit site plans of proposed major development to the Local No additional cost to County. . Areawide Water Quality Board for water quality impact Jurisdiction . review. - TV.D.6. -Work with the Continuing Planning Agency toward eval- Drain No additional cost to County. uating various stormwater control alternatives in stormwater quality problem areas. 11.1.9. -Develop/amend land use plans and zoning ordinances to Local Additional cost to County of assure that septic systems are permitted only in Jurisdiction $1,000. physically suitable areas. Health Planning January 1979 4. LOCAL IMPLEMENTATION STRATEGY AGENCY: OAKLAND COUNTY AN POLICY NO. RESPONSIBILITIES LEAD AGENCY COMMENTS Contact Person DUNTY, CITY, VILLAGE, AND IV.G.1. -Cooperate with the AWQB by submitting land use plans and Local No additional cost to DWNSHIP GOVERNMENTS zoning ordinances to the AWQB for review to insure that such Jurisdiction County. pnt'd.) documents provide adequate protection to ground and surface waters from the potential impacts of future unsewered develop- ment. - -Cooperate with Continuing Planning Agency in development of standards and guidelines for use by local units of govern- ' ment in developing local plans and zoning ordinances aimed at reducing potential for water contamination from unsewered . . . development. . IV.G.6. -Participate in the ground water quality monitoring program, Health No additional cost to - • . coordinated by the AWQB, in septic system problem areas. County. IV.G.7. -Cooperate with Continuing Planning Agency in documentation of Health No additional cost to . . potential septage disposal problems and investigation of Local County. disposal alternatives. Jurisdiction ' IV.H.5. -Submit site plans of proposed landfill sites to the Health No additional cost to AWQB for water quality impact review. County. :ounty Governments and IV.H.4. -Prepare/revise the county and local solid waste management Sewer, Water & No additional cost to ity, Village and plan to assure that required preliminary landfill site Solid Waste County. )wnship Governments planning takes into account water quality protection. Each Health ith Population over plan should provide a systematic method of site analysis and ),000) selection which includes land use, soil, hydrologic and geo- logic data necessary for preliminary site evaluation of water quality impacts. 5. January 1979 LOCAL IMPLEMENTATION STRATEGY AGENCY: OAKLAND COUNTY PLAN POLICY NO. RESPONSIBILITIES LEAD AGENCY COMMENTS Contact Person COUNTY HEALTH IV.G.3. -Emphasize the following in programs to control pollution Health No additional cost to DEPARTMENTS from septic systems: County. .Provide assurance that the water table level indicated during the soil evaluation shows the highest annual level. 'Provide for the thorough inspection of septic systems • during their installation to assure conformance with code provisions. .. . -Provide a comprehensive educational program designed • to inform local elected and appointed officials and _ , • . residents of proper operation and maintenance require- . .- ments for their septic systems. _ . . IV.G.5. -Cooperate with AWQB on analysis of septic system treat- Health No additional cost to • ment efficiencies and failures. County. IV.H.3. -Participate in the State's solid waste management program. Sewer, Water No additional cost to . Solid Waste County. IV.H.6. -Cooperate with the AWQB in the identification and monitoring Health No additional cost to of landfill sites which have a high water quality impact. County. IV.H.6. -Assist local units of governments in instituting planning and Health Additional cost to County land use control practices to ensure that land use and of $500. Planning construction on or adjacent to a closed or active landfill site provides for water quality protection. January 1979 6. LOCAL IMPLEMENTATION STRATEGY AGENCY: OAKLAND COUNTY PLAN POLICY NO. RESPONSIBILITIES LEAD AGENCY COMMENTS Contact Person DRAIN COMMISSIONERS IV.D.4. -In conjunction with Continuing Planning Agency, develop Drain No additional cost to criteria designed to implement water quality improvement County measures at the time a major drainage project is under- taken. IV.D.4. -Implement water quality protection measures in the repair, Drain Additional cost to County rehabilitation, and expansion of drain projects wherever of $5,000. feasible. . . IV.E.4. -Prepare programs for implementing best management practices Drain Additional cost to County . . , as appropriate in rural areas in conjunction with the of $50,000. . Cooperative Extension Service, Soil Conservation Districts and the Agricultural Stabilization and Conservation . Service, for submission to the Continuing Planning Agency. EXHIBIT A: RESPONSIBILITIES OF THE CONTINUING PLANNING AGENCY (SECOG) EXHIBIT A: RESPONSIBILITIES OF THE CONTINUING PLANNING AGENCY (SEMCOG) The Southeast Michigan Council of Governments, as the Continuing Planning Agency, will be annually updating the Water Quality Management Plan ("the Plan") to meet the clean water goals of the Federal Water Pollution Control Act Amendments and to insure that municipalities within Southeast Michigan are eligible for federal . grant assistance. It will undertake those planning and analysis activities, at the regional level that are necessary for the Plan update process. In this role, the Council of Governments will assist local units of government in their detailed planning and implementation work by making available a variety of planning services to communities including continuing analysis and delineation of specific water quality problems and the development of data bases, maps, guidelines, and other planning techniques for use by local governments in protecting and improving their water resources. Specifically, in the initial year's planning program the Council will be undertaking the following activities: A. Reassessment, and as appropriate, revision and refinement of the Water Quality Management Plan for Southeast Michigan. B. An identification of the water quality impacts of various general categories of land uses and types of land use patterns. C. The identification of measures leading to the establishment of an industrial waste information clearinghouse for the region to facilitate the recycling and reuse of industrial waste products. D. .The refinement of a financing mechanism which could distribute the local share of the costs of continuing areawide planning and over- view more equitably throughout the planning area. E. The development of a set of standards for use as a guide by local units of government in reviewing the water quality impact of proposed development. F. The development of maps and other guidance for use by local land use planners in assessing the soil limitations for development with septic systems. G. The preparation of an updated map which establishes generalized areas to be served with sanitary sewers during defined time increments over the next twenty years. H. The preparation of development guidelines for use by local governments for preventing degradation of water quality in urban fringe areas characterized by mixed land use and rapid change. • . ' Exhibit A I. The delineation of specific agricultural pollution problem areas for guidance to Soil Conservation Districts in field investigation : of local problem areas. The identification of economic impacts and costs relative to water quality benefits that will result from the implementation of various types and levels of controls and management practices. K. The provision of guidance and assistance to designated manage- ment agencies concerning their water quality management responsibilities, including assistance in developing local im- plementation strategies and obtaining funding necessary for Plan implentation. L. The performance of vari administrativ.E.Zations relative to ----- the organization and implem , on of the Areawide Uater Quality Board, including the preparation of its initial workplan and budget. M. The development of an environmental education strategy designod to raise the region's level of awareness regarding water quality concerns, including the identification of agencies' responsibili- ties in the implementation of educational programs. N. As necessary, hearing appeals of decisions made by the Areawide Vater Quality Board regarding the Plan. EXHIBIT B: RESPONSIBILITIES OF THE AREANIDE UATER QUALITY BOARD EXHIBIT B: RESPONSIBILITIES OF THE AREAWIDE WATER QUALITY BOARD The Areawide Water Quality Board's (AWQB) principal responsibilities under the Plan are to monitor and oversee all aspects of Plan implementation, to coordinate inter-agency management activities, to assist local communities in water pollution control efforts, and to serve as an advocate of local concerns at the state and federal levels. In the first year's program, much of the AWU's efforts will be organizational in nature. However, once fully established, the AWQB will perform a variety of functions and administrative services including: A. Monitor and assist Designated Management Agencies in performing their Plan implementation responsibilities. B. Monitor the implementation of programs and practices for point and nonpoint source water pollution control. C. Review and comment on water quality related federal grant applications. D. Review and comment on applications for water quality related state permits and licenses to assure their isSuance in conformance with the Plan. Mork with applicants as necessary to achieve Plan compliance. E. Review proposed major development plans for water quality impacts and prepare and forward comments to appropriate state and local agencies. F. Assist, to the extent feasible, Designated ManagemeNt Agencies in obtaining funding necessary for Water Quality Management Plan implementation. G. Hear and attempt to resolve conflicts related to the Plan. H. Sample water quality for Plan compliance. 1. Recommend Plan modifications to the Continuing Planning Agency. J. Review local plans and zoning ordinances upon request by local governments to insure that ground and surface waters are adequately protected from impact of future unsewered residential/development. Advise local communities of planning or zoning changes necessary to protect surface and groundwater. • Exhibit B K. Establish a regional data base 'and cbnduct, in cooperation with county health departments, an analysis of septic system treatment efficiencies and failures. L. Consider support of state legislation to correct statutory and management deficiencies relative to reducing pollution from sanitary landfills including modifications fostering a more precise division of responsibilities among involved agencies. M. Review site plans of proposed landfill sites for water quality impact and prepare and forward co7!:ments to appropriate federal, state, and local agencies. - N. In cooperation with responsibile state and local agencies, encourage and, where necessary, initiate water quality monitoring on the identified landfill sites which are determined to have a high potential water quality impact. O. Support legislation to correct deficiencies in the present system regulating the handling and disposal of liquid industrial wastes. P. Serve as a regional ombudsman for water quality related problems with the state. Q. Evaluate the effectiveness of voluntary farm planning methods and determine the need for enforcement of agricultural land management practices. #8792 February 15, 1979 Moved by McConnell supported by Patterson the report be accepted and Resolution #8792 be adopted. Moved by Peterson supported by Roth the resolution be referred back to the Finance Committee. AYES: Moxley, Murphy, Patterson, Peterson, Roth, Aaron, DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Hoot, Lewand, McConnell, McDonald, Moffitt, Montante, Moore. (20) NAYS: Perinoff, Pernick, Price, Kelly. (4) A sufficient majority having voted therefor, the resolution was referred to the Finance Committee. #8792 April 5, 1979 $ • Moved by Wilcox supported by Murphy the report be accepted and Resolution #8792 be adopted. AYES: Montante, Moore, Moxley, Murphy, Page, Patterson, Pernick, Peterson, Price, Wilcox, Aaron, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hobart, Kelly, Lewand, McConnell, McDonald, Moffitt. (22) NAYS: Roth, Dunaskiss, Hoot. (3) A sufficient majority having voted therefor, the report was accepted and Resolution #8792 was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Miscellaneous Resolution #8792 adopted by the Oakland County Board of Commissioners at their meeting held on April 5, 1979 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan 5th day of April 192,1. Lynn D. Allen Clerk By Deputy Clerk this