HomeMy WebLinkAboutResolutions - 1981.02.19 - 14418FISCAL NOTE
BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION #81028 - '208' FEDERAL
WATER POLLUTION ACT - 1981 CONTRACTUAL AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C 6f this Board, the Finance Committee has reviewed
Miscellaneous Resolution #81023 and finds the contract covers a period from
January 1, 1981 through December 31, 1981. Said contract is for continuing
areawide water quality planning and oversight of plan implementation by
SEMCOG and the Areawide Water Quality Board (AWQB). Any plan and funding means
resultant from this plan will be presented to the appropriate Committees
before implementation. The 1981 County cost for this program is $21,339.
The Finance Committee finds $21,339 available in the 1981 Contingent
fund.
Further the Board of Commissioners appropriates $21,339 from the 1981
Contingent Fund and Transfers said funds to the 1981 Department of Public
Works - Administration budget as follows:
990-02-00-9990 Contingent Fund $(21,339)
141-01-00-2128 D.P.W. - Prof. Services 21,339
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F !WINCE COMMITTEE
Miscellaneous Resolution 81028 February 5, 1981
BY: PLANNING AND BUILDING COMMITTEE
IN RE: '208' FEDERAL WATER POLLUTION ACT - 1981 CONTRACTUAL 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 of the Federal Water Pollution Control Act Amendments of 1972; and
WHEREAS the County of Oakland, identified as a Designated Management Agency (DMA),
in the Water Quality Management Plan for Southeast Michigan as required under Section '208'
of Public Law 92-500, accepted DMA designation on June 1, 1978 by Miscellaneous Resolution
8470 for the planning, construction and operation of its wastewater treatment facilities
for a one (1) year period and pay its proportionate share of cost for the functions of
continuing areawide water quality management planning and oversight of plan implementation
as requiredi by law; and
WHEREAS the County of Oakland adopted on April 5, 1979 by Miscellaneous
Resolution 8792, November 1, 1979 by Miscellaneous Resolution 9152 and June 5, 1980
by Miscellaneous Resolution 9449 reaffirmed its designation as a Designated Management
Agency agreed to cooperate in the preparation of a local implementation strategy plan
and to provide financial support for the functions of continuing areawide water quality
planning and oversight of plan implementation; and
WHEREAS the contract executed under Miscellaneous Resolution 9449 terminated as
of December 31, 1980 for continuing areawide water quality planning and oversight of
plan implementation.
NOW THEREFORE BE IT RESOLVED that the County of Oakland continues to accept the
designation of Designated Management Agency (DMA) in accordance with the Water Quality
Management Plan for Southeast Michigan.
BE IT FURTHER RESOLVED that the County of Oakland, in assuming responsibilities
under the Plan, approves the attached agreement which terminates on December 31, 1981 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.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution,
WITNESSETH:
WHEREAS, the County of Oakland, Michigan has accepted designation in
principle as a Designated Management Agency ("DMA") pursuant to Section 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; and
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:
I. 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 service charge based on:
a. 80% of the service charge is calculated on the County of
Oakland's 1979 sewage flow of 5,283,967,000 cubic feet which is
multiplied by $0.003631 per 1,000 cubic feet of flow; and
b. 20% of the service charge is calculated on the County of Oakland's
percentage of total area within the SEMCOG '208' areawide water
quality planning region which is 20.47% (921.5 square miles out
of a total of 4,502.2 square miles).
For the period from January 1, 1981 to December 31, 1981, the service charge to
be remitted by County of Oakland to SEMCOG is $21,339 based on the above formula.
The County of Oakland shall have the sole discretion as to the method of said payment.
3. This agreement shall remain in effect until December 31, 1981.
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 day of , 198 .
SOUTHEAST MICHIGAN COUNCIL OF COUNTY OF OAKLAND
GOVERNMENTS
BY: BY:
Michael M. Glusac, Executive Director Richard R. Wilcox
ATTEST:
ATTEST:
Agreement Date:
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 withinSoutheast 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 County 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.
C. The refinement of a financing mechanism which could distribute the local share
of the costs of continuing areawide planning and overview 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.
I. The delineation of specific agricultural pollution problem areas for guidelines
to Soil Conservation Districts in field investigation of local problem areas.
J. 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 management agencies
concerning their water quality management responsibilities, including assistance
in developing local implementation strategies and obtaining funding necessary
for Plan implementation.
L. The performance of various administrative functions relative to the organization
and implementation of the Areawide Water Quality Board, including the preparation
of its initial workplan and budget.
M. The development of an environmental education strategy designed to raise the
regions's level of awareness regarding water quality concerns, including the
identification of agencies' responsibilities in the implementation of educational
programs.
N. As necessary, hearing appeals of decisions made by the Areawide Water Quality
Board regarding the Plan.
EXH!BI:f
RESPONSIBILITIES OF THE AREAWIDE WATER QUALITY BOARD
The Areawide Water Quality Board's (AWQB) principle 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 AWQB'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, 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.
I. 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.
K. Establish a regional data base and conduct, 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 comments to appropriate federal, state and local agencies.
N. In cooperation with responsible 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.
#81028 February 19, 1981
Moved by Caddell supported by Perinoff the report be accepted and Resolution
W8I023 be adopted.
AYES: Moffitt, Montante, Moore, Murphy, Olsen, Page, Patterson, Perinoff,
Pernick, Peterson, Price, Whitlock, Wilcox, Aaron, Caddell, Cagney, DiGiovanni,
Doyon, Fortino, Gosling, Hobart, Jackson, Kasper,Lanni, (24)
NAYS-: None. (0)
A sufficient majority having voted therefor, the report was accepted and
Resolution #81028 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 #81028 adopted by the Oakland County Board of
Commissioners at their meeting held on February 19, 1981
with the original record the of now remaining in my
office, and that it is a true 7.nd 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
19th February 10 81
Lynn D. Allen......................Clerk
By •• i••••••••••••••••••••••••••••• Deputy Clerk