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HomeMy WebLinkAboutResolutions - 2000.03.09 - 26121MARCH 9, 2000 MISCELLANEOUS RESOLUTION # 0 0 0 4 7 BY: Planning and Building Committee, Charles E. Palmer, Chairperson DRAIN COMMISSIONER -ON-SITE SEWAGE DISPOSAL MANAGEMENT PROJECTS GRANT; $408,000 GRANT APPLICATION/ACCEPTANCE To the Oakland county board of commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Drain Commissioner proposes to implement the National Pollution Discharge Elimination System General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Water Drainage Systems issued by the State of Michigan; and WHEREAS, the County Of Wayne through the Rouge River National Wet Weather Demonstration Project has offered technical assistance and federal grants to government entities for addressing and improving the water quality and recreational use of the Rouge River; and WHEREAS, the purpose of the grant is to enable the county and local units of government within the Rouge River and other watershed to evaluate alternative approaches for controlling sources of water pollution; and WHEREAS, illicit discharge elimination, public education and sub-watershed management planning are considered examples of the types of activities included in the Storm Water General Permit which will assist in restoring the water quality of the Rouge River and other river systems within Oakland County; and WHEREAS, Oakland County Drain Commissioner has applied for and awarded $408,000 of federal grant reimbursement from the County of Wayne; and WHEREAS, the total project cost is $812,337, of which $404,337 is Oakland County matching funds; and, WHEREAS, the required County match will be charged to the maintenance funds from the respective county drains, and will be partially reimbursed by local municipalities; and WHEREAS, no additional county personnel are required, and all grant funds will go towards illicit discharge elimination, public education and sub-watershed management planning; and WHEREAS, the United States Environmental Protection Agency ("USEPA") has established Grant conditions and regulations that require the County to act as the responsible party with respect to the grant, including those provisions described within 40 C.F.R. Part 31; and WHEREAS, the USEPA will supervise the grant and grant conditions in order that the grant be used in accordance with the requirements of the law; and WHEREAS, acceptance of this reimbursement grant does not obligate the County to any future commitment; and WHEREAS, the grant agreement has been approved through the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the application and accepts reimbursement in the amount of $408,000 for the illicit discharge elimination, public education and sub-watershed management planning activities. BE IT FURTHER RESOLVED that the Drain Commissioner and the Chairperson of the Board of Commissioners are authorized to sign the grant agreement and to approve grant modification and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. BE IT FURTHER RESOLVED that Interlocal Agreements be entered into between the Drain Commissioner and the local communities prior to any work being done. Chairperson, on behalf of the Planning and Building committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Planning and Building Committee: Motion carried unanimously on a roll call Vote with Palmer absent. Final Other * Extension RISK MANAGEMENT AND SAFETY: Approved Disapproved * Modify * Date: Signature Modify * Date: :fryclo Signature: 2-e90 . Modify * Date: 2--- 8-2 Signatu Viztt CONTRACT/PROGRAM REVIEW REQUEST Date: January 20, 2000 To: Joseph Colaianne, Corporation Counsel From: William E. Klockow, Deputy & Manager, Drain Engineering & Construction Division Title/Subject: Drain Commissioner - On-Site Sewage Disposal Management Projects Grant File # Department: Contact Person: Philip Sanzica, P.E. Telephone #: (248) 858-1031 STATUS: (Check appropriate box) Initial 7 Revision # * If "other" is checked, please explain: Date: Is Board Resolution required? No x Yes — Resolution # PERSONNEL DEPT: CZ Approved , Disapproved * Modify * Date: 3/2/0C MANAGEMENT AND BUDGET: It Approved , Disapproved * CORPORATION COUNSEL: t/1 Approved Disapproved * CONTRACT/PROGRAM SYNOPSIS: Apply and accept $408,000.00 in grant cost reimbursement funds to enable the County to evaluate alternative approaches for controlling illicit discharge pollution, public education and sub-watershed management planning. * When "Disapproved" is noted or "Modify" is requested, attach explanation. Risk Management & Safety — Revised 2/98 INTER OFFICE MEMO To: George W. Kuhn, Drain Commissioner James Porter, P.E., Chief Deputy Drain Commissioner William E. Klockow, P.E. Deputy & Manager, Engineering & Construction From: Joseph W. Colaianne, Assistant Corporation Couns File: 2000-0060 Date: 02/09/00 Re: Inter-Agency Agreement for RPO Grant for Onsite Sewage Disposal management Projects Grant You have contacted this Department pursuant to the County's policy regarding Contract/Program Review with respect to the above referenced matter. Please be advised that I have reviewed and approved of the proposed IAA. The IAA appears to contain the same provisions that I had modified with the approval of Wayne County's Corporation Counsel with respect to the IAA grant received for the Septage Unloading Facility. Nonetheless, I have three concerns that should be resolved with respect to the acceptance of this grant. First, Risk Management & Safety should be consulted with respect to any potential risks in carrying out the activities required under this grant and if necessary obtain insurance coverage for these potential risks. Second, the IAA references activities that the OCDC will be undertaking on behalf of certain communities located within the Rouge Watershed. See "Attachment A, page 3" of the IAA. Unless there is an inter-local agreement between the County and the respective communities, it is my opinion that you do not have the legal authority to assign county personnel to perform functions on behalf of these communities. This requires approval via a resolution from the BOC, as well as resolutions from the municipality. Without a resolution from the BOC and resolutions from the municipalities authorizing the approval of an interlocal agreement for the services requested, it is possible that the Drain Commissioner, and his employees may lose the protections afforded by the governmental immunity statute and/or county indemnification for officials and employees, in the event of personal or property damage. PRIVILEGED AND CONFIDENTIAL ATTORNEY / CLIENT COMMUNICATION Finally, as with the IAA for the Septage Unloading Facility, this proposed IAA has certain "Fare Share" requirements provided in Article VI, paragraph 6.4 of the IAA. If any of the grant funds are to be used to engage a contractor/subcontractor, the recipient of the funds [i.e. Oakland County] must ensure to the fullest extent possible that a certain percentage for equipment, supplies and construction and services be made available to organizations owned or controlled by women and/or socially and economically disadvantage individuals and historically black colleges and universities. These percentages are reflected in Article VI, paragraph 6.4, of the IAA and the attachments thereto. According to Wayne County's Department of Corporation Counsel, these percentages must be complied with in the bid selection process of contractors/subcontractors. Should you have any questions, please call. Cc: Phillip Sanzica, P.E., Asst. Chief Engineer, OCDC • Page 2 ROUGE RIVER STORM WATER MANAGEMENT PROJECTS ROUGE RIVER ON-SITE SEWAGE DISPOSAL MANAGEMENT PROJECTS GRANT AGREEMENT BETWEEN THE COUNTY OF WAYNE AND THE COUNTY OF OAKLAND THIS AGREEMENT is entered into this . day of between the County of Wayne, Michigan, a body corporate and Charter County ("County") and the County of Oakland, a body corporate pursuant to 1973 PA 139, as amended, by and through its Drain Commissioner (hereinafter referred to as "Entity"). RECITALS WHEREAS, the County is the recipient of and is responsible for the administration of, certain federal grant funds referred to as the Rouge River National Wet Weather Demonstration Project Grant ("Grant"). WHEREAS, the United States Environmental Protection Agency ("USEPA") has established Grant conditions and regulations that require the County to act as the responsible party with respect to the Grant, including those provisions described within 40 C.F.R. Part 31. WHEREAS, the USEPA will supervise the Grant and Grant conditions in order that the Grant be used in accordance with the requirements of the law. WHEREAS, the parties have agreed to follow certain administrative procedures and cooperate on the various tasks to be undertaken in order for the County to comply with the Grant's requirements and objectives. WHEREAS, the Rouge River National Wet Weather Demonstration Project ("Rouge Project") is a comprehensive watershed-wide program addressing wet weather pollution problems ranging from controlling combined sewer overflows ("CSO") to storm water runoff in the Rouge River. WHEREAS, one of the purposes of the Grant is to enable the County and local units of Government within the Rouge River Watershed to evaluate alternative approaches for controlling sources of water pollution. WHEREAS, implementing the National Pollutant Discharge Elimination System (NPDES) General Wastewater Discharge Permit for Storm Water Discharges from Separa:e Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit") issued by The Michigan Department of Environmental Quality ("MDEQ") for the local unit will further the Grant's goal to improve water quality and recreational use of the Rouge River. WHEREAS, illicit discharge elimination, public education and subwatershed management planning are considered examples of the types of activities included the Storm Water General Permit which will assist in restoring the water quality of the Rouge River. WHEREAS, the Storm Water General Permit .4ctivities set forth in this Agreement would further the goals of the Grant. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties hereby agree as follows: ARTICLE I SCOPE OF PROJECT 1.1 The County will provide a portion of the Grant to Entity to enable the Entity to do the activities described in Attachment "A" 1.2 The budget presented in Attachment "A" along with the scope of work in Attachment "A" specify the performance of the work as anticipated at the time the contract is signed. 1.3 The Entity agrees to submit a Final Project Summary Report at the project end to assist the County in the grant close-out process. The Final Project Summary Report should generally be 4-10 pages in length and should include: A. A summarized clear description of the project. In addition to the project description, the report should include the following.: project objectives; major elements of the project; project highlights; project products completed (project products are listed in Attachment "A"); and project highlights. Comments on how the completion of this project benefited or is projected to improve the Rouge River. • C. A written set of recommendations to other local governments and agencies that evaluates the benefits and cost effectiveness of the project. The evaluation should consider the total project cost. The recommendations should also summarize how the project was evaluated and the evaluation results of the effectiveness of the project. Comments on how the results of this project are transferable to other communities or agencies. E. List of all task products completed. The list should include the official name of the products ARTICLE H SCHEDULE OF WORK The Time Frame for the project milestones completion is contained in Attachment "A". 2.1 2 ARTICLE IV CONTRACT ADMLNISTRATION AND PAYMENT ARTICLE III FINANCIAL PROVISIONS AND BUDGET 31 The detailed budget is contained in Attachment "A" and will be considered an approximation based on the best information available at the time of this Agreement. The internal distribution of the monies allocated among project elements may be modified by the Entity up to a total cumulative transfer among direct cost categories not to exceed 10% of the total budget without written approval by the County. Other modifications to the budget will be only upon written Agreement between the County and the Entity. 3.2 The County will provide from the Grant 50.22 percent of approved, allowed, and eligible costs for activities outlined in Attachment "A". The total amount to be reimbursed to the Entity shall not exceed $408,000. The Entity shall provide a minimum matching of costs of $404,337 or 49.78 percent of approved costs, which may be satisfied by demonstrating either cash or in-kind services from non-federal sources. 3.3 The County will hold the final 10 percent of the total federal fund allowable to the Entity until the completion of the project by the Entity as ideitified in Attachment "A''. Upon comple6on of all the tasks by the Entity, the approval of the Entity task products by the County, and the approval of the Entity submittal of the documentation of the final project cost by the County, the remaining 10 percent of the federal funds will be reimbursed to the Entity. 3.4 BUDGET The budget for this project is listed in Attachment "A". 3.3.1 The total budget will be sub-categorized as follows: A. Personnel expenses. B. Fringe benefits. C. Travel costs. D. Equipment costs. E. Supply costs. F. Construction costs. G. Other necessary costs (specifying nature of necessity and cost). H. Direct charges from others (a:tach copy of invoice). I. Indirect costs (specifying nature of necessity and cost). J. Total amount requested. 4.1 This Agreement will be administered on a cost reimbursement basis. The Entity shall sz:brnit 3 uur _ to the County project status reports and invoices on standard forms provided by the County. 4.2 All reports and invoices shall be submitted at least quarterly, no more than forty (40) days after each quarter end date. Reimbursements shall not be allowed without a status report submission. 4.3 Invoices must clearly identify: A. Total program outlays to the date of the invoice. B. The non-federal share of amount expended. C. The federal share of amount expended. D. The federal payments previously received. E.The reimbursements requested for the billing. period. F. Project work element detail. G. Project direct costs and outside services. H. Time sheets for hourly employees and labor distribution sheets for salaried employees. I. Documentation of all contractor COM. 4.5 The invoices must be certified for completeness and correctness by an appropriate Entity official. 4.6 All invoices will be paid by the County within thirty (30) days of receipt of funds from the USEPA. 4.7 The Entity will provide documentation to the County that demonstrates compliance with federal and state regulations before payments will be processed. The Entity will prepare all cost estimates for implementation of the planned activities, including a breakdown of eligible and ineligible cost items, with respect to grant funding. These cost estimates will be provided in a format to be established by the County. 4.8 The Entity will exercise the necessary contract oversight and administration of any subcontracts. These duties include, but are not limited to construction inspection and negotiating and executing change orders (where construction is to occur), monitoring project progress, responding to subcontractor or citizen complaints, coordinating between different subcontracts, and overseeing, subcontractor's compliance with the approved project plans and specifications. These activities are to be done in accordance with procedures established by the Grant and by 40 C.F.R. 31.1, et seq. 4.9 All reports, invoices, and work products required under this contract will be transmitted to A the Director of Watershed Management Division, Department of Environment, Wayne County, care of Mr. Razik Alsaigh, Roue Program Office, 220 Bagley Suite 920, Det -oit Michigan 48226. ARTICLE V AUDIT AND ACCESS TO RECORDS 5. 1 The Entity will maintain and retain financial records and supporting documentation in accordance with generally accepted accounting procedures and in accordance with the requirements of federal and state regulations. • 5.2 The Entity will cooperate with and assist the County with respect to federal or state audit review related to the use of Grant funds. This cooperation shall include preservation of the necessary documentation and access to the records until federal and/or state audit resolution processes have been completed and notification of records disposal has been received by the County. The Entity will cooperate with the County with respect to evaluating audit findings of this Agreement_ _ 5.3 The Entity will be responsible for the reimbursement of any Rinds required to be returned to the USEPA due to Entity actions or omissions, as determined by audit findings and hold the County harmless from any repayment therefrom. ARTICLE VI - GENERAL PROVISIONS 6. 1 This Agreement is expected to be funded in part with funds from the USEPA_ The Entity will not enter into any agreements with either the United States or any of its departments, agencies, or employees which are or will be a party to this Azreement or any lower tier subagreement for monies related to this specific project. This Agreement is subject to regulations contained in 40 C.F.R. Part 31 in effect on the date of the assistance award for this project. 6.2 The Entity understands that the County has no funds other than the Grant Rinds ZG pay for the project costs. All costs other than the Grant funds associated with the activities which are the subject matter of this Agreement will be the responsibility of the Entity. 6.3 The Entity will cooperate with the County to ensure timely completion of the tasks undertaken as part of the project. Cooperation includes, but is not limited to sharing information and records, participation in applicable committees, and assisting in development and evaluation of water quality improvement alternatives. 6.4 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31 and, as applicable, all provisions contained in the Grant. In the event there are any conflicts between the provisions of this Agreement and the terms of the Grant, the Grant terms will prevail. The Grant document and the terms and conditions of the Grant are included here in Attachment "B". The June 16, 1998 correction letter of the uant fair share goals from EPA is also included here in Attachment "B". The fair share goals for the Grant as identified in that letter are as follows: 3 Construction 20% Minority Business Enterprise (MBE) 10% Woman Business Enterprise (WBE) Services 20%MBE 10%WBE Equipment 8%MBE 4%WBE Supplies 8%MB E 4% WB E 6.5 The Entity is responsible for securing all necessary permits from regulatory agencies and is responsible for obtaining any professional services necessary for the Project Activities. The Entity will act at all times in accordance with applicable federal and state regulations, and will secure any permits and negotiate the terms of agreements in accordance with those requirements. 6.6 If the Entity secures any interest in lands, including easements, these acquisitions will be in accordance with applicable federal law and regulations including 49 C.F.R., Part 24 and state statutes related to the taking of interests in land. 6.7 With respect to construction projects, the Endo, is responsible for conducting post project evaluation and certifying that any construction meets the approved design criteria. These certifications will be submitted to Wayne County and the USEPA and MDEQ, where appropriate, in accordance with the Grant requirements and applicable regula tions. If the project does not meet the design criteria, the Entity will be responsible for taking the necessary corrective measures. - 6.8 The ownership of any facilities constructed under this Agreement shall remain with the Entity. The Entity agrees to operate and maintain the facility consistent with the Grant project goals and in accordance with the requirements of the applicable federal and state statutes and regulations, Grant conditions, and local ordinances. 6.9 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.32 relating to any equipment including computers and peripheral computer equipment purchased as part of this grant assistance project 6.10 Any amendment to this agreement must be in writing, and signed and acknowledged by a duly authorized representative of each party. ARTICLE VII WAIVER OF BREACH 7.1 No failure by a party to insist upon the strict performance of any term of this Agreement or to exercise any term after a breach, constitutes a waiver of any breach of the term. No waiver of any breach affects or alters this Agreement, b every term of this Agreement remains effective with respect to any other existing or subsequent breach. 6 ARTICLE VIII TERMINATION 8.1 This Agreement will terminate after the final audit and final resolution of any issues related thereto as described within 40 C.F.R. Part 1, Subpart D. 3.2 This Agreement may be terminated in whole or in part in writing by the County for its convenience. The Entity must be given: (1) not less than thirty (30) calendar days written notice of intent to terminate; and (2) an opportunity for consultation with the County prior to termination. This Agreement may be terminated in whole or in part in 'writing by the Entity for its convenience. The County must be given: (1) not less than thirty (30) calendar days written notice of intent to terminate; and(2) an opportunity for consultation with the Entity prior to termination. 8.3 If termination for convenience is effected by the County or the Entity, an equitable adjustment in the Agreement price will be made. The equitable adjustment for any termination will provide for payment to the Entity for services rendered and expenses incurred prior to termination. Equitable adjustment also will include termination settlement costs reasonably incurred by the Entity and approved by the County, relating to -personnel hired specifically for activities related to this Agreement, provided such costs are eligible and allowable under the terms of the Grant. 8.4 Upon receipt of a termination notice pursuant paragraphs 8.2 or 8.3, above, the Entity will: (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to the County all data, drawings, specifications. reports, estimates, summaries, and such other information and materials as may be accumulated by the Entity in performing this Agreement, whether completed or in process. 8 5 Upon termination pursuant to paragraphs 8.2 or 3.3. above, the Count! may take over the work and prosecute the same to completion by Agreement with another party or otherwise. 3.6 All notices of termination will be sent certified mail, postage prepaid and return receipt requested. ARTICLE a LIABILITY 9.1 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities of the Entity will be the sole responsibility of the Entity and not the responsibility of the County. Nothing herein will be construed as a wavier of any governmental immunity by the Entity, its agencies, or employees have as provided by statute or modified by court decisions. 9.2 All liability, loss, or damage as a result of claims, demands, costs, or judcznents arising out of activities of the County will be the sole responsibility of the County and not the responsibility of 7 the Entity. Nothing herein will be construed as a wavier of any governmental immunity by the County, its agencies, or employees have as provided by statute or modified by court decisions. ARTICLE X DIDEMNIFICATION 10.1 To the extent as permissible under Michigan law, the Entity will indemnify, defend, and save harmless the County. its officers, boards, employees, and agents from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges, and expenses (including, but not limited to fees and expenses of attorneys, expert witnesses, and other consultants) which may be imposed upon, incurred by, or asserted against the County, its boards, officers, employees, and agents, by reason of any act or omission of the Entity, its personnel, employees, agents, or subcontractocs, in the performance of this Agreement. 10.2 To the extent as permissible under Michigan law, the County will indemnify, -defend, and save harmless the Entity, its officers, boards, employees, and agents from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges, and expenses (including, but not limited to fees and expenses of attorneys, expert witnesses, and other consultants) which may be imposed upon, incurred by, or asserted against the Entity, its boards, officers; employees, and agents, by reason of any act or omission of the County, its personnel, employees, agents, or subcontractors, in the performance of this Agreement. 10.3 The provisions of Article X shall survive the expiration or any termination of this Agreement for a period of three (3) years. 10.4 Notwithstanding any other provision in this Agreement, no provision in this Azeement is intended, nor shall any such provision be construed, as either waiving or constituting a waiver of any public or governmental immunity afforded to the County or Entity. and/or Counr!s or Entity's agents, employees, representatives as provided by applicable statutes and/or court decisions. ARTICLE XI LNSURA,.NCE 11.1 Unless the Enity is self-insured, the Entity shall purchase and, to the extent permissible by law, have the County, its officers, commission, boards, and employees named as additional parties insured under the policy or policies of insurance and maintain such insurance so as to protect the County from claims set forth below which may arise out of or result from the project services, whether such services be by the Entity, by any subcontractor, or by anyone directly or indirectly employed by the Entity, or by anyone for whose acts any of them may be liable: 11.2 Throughout all phases of the project and for a period of three (3) years after final completion and acceptance by the County of the project services, the Entity shall keep in force. at its sole cost and expense, a professional liability insurance policy for claims for damages arising out of an error, 8 omission, or negligent act in the performance of professional services, with limits of One Million ($1,000,000) dollars per claim and One Million ($1,000,000) dollars in the aggregate for each twelve (12) month period. The Entity agrees that the policy may not be substantially modified or canceled without thirty (30) days prior written notice to the County and shall promptly notify the County of any failure to renew such policy as necessary prior to final completion of the Project. 11.3 Throughout all phases of the project and for a period of three (3) years after inal completion and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost and expense, with insurance companies authorized to do business in the State cf Michigan, the following insurance coverages: 11.3.1 Workers' Compensation which meets Michigan's statutory requirements, or other similar employee benefit act of any other state applicable to an employee. 11.3.2 Employers' Liability Insurance, in conjunction with Worktrs' Compensation Insurance for claims for damages because of bodily injur-:-. occupational sickness or disease, or death of an employee when Workers' Compensation may not be an exclusive remedy. Such insurance shall be subject to limits of liability of not less than Five Hundred Thousand $50C.00) dollars for each incident. 11.3.3 General Liability Insurance for claims for damages because of bodily injury or death of any person, other than the Entity's employees, or damage to tangible property of others, including loss of use resulting therefrom. Such insurance shall be subject to bodily injury limits of not less than $500,000 per occurrence and $ 1,000,000 annual aggregate and property damage limits of not less than $500,000 per occurrence or combined bodily injury,properry damage limits of not less than $750,000 per occurrence and $ 1,000,000 annual aggregate 11.3.4 Contractual Liability Insurance for claims for damages that may arise from the Entity contract under Article X concerning indemnification for errors, omissions, or negligent acts in the course of the professional service or other provision within this Agreement, to the extent that such kinds of contractual liability are insurable in connection with, and subject to, limits of liability not less than for the professional liability insurance and general liability insurance set forth in subparagaphs 11.2 and 11.3.3, above. 11.3.5 Comprehensive Automobile Liability coverage, including coverage for a owned, hired, and non-owned vehicles with coverage of One Million (51.000,000) dollars per occurrence for bodily injury and property damage combined. 11.3.6 Comprehensive Automobile Insurance required by law for claims arising from ownership, maintenance, or use of any motor vehicle owned or non-owned. County, or for-hire vehicles, with $ 1,000,000 single limit of liability. 9 11.4 Certificates of insurance or self-insurance shall be provided to the County prior to commencing Project Services under this Agreement. Said certificates shall contain a provision that coverage afforded shall not be canceled, materially modified, or allowed to expire unless the insurance carrier has given at least thirty (30) days prior written notice to the County. 11.5 The County and the Entity waive all rights against each other and their consultants, agents, and employees for damages covered by any property casualty insurance during the Project Services, but only to the ex-tent covered by such insurance. 11.6 Compliance by the Entity with the requirements of this Article as to carrying insurance and furnishing proof thereof to the County, shall not relieve the Entity of its liabilities and obligations under this Agreement. 11.7 The provisions of this Article shall survive the expiration of any termination of this Agreement for a period of three (3) years. ARTICLE XII NON-DISCRIMINATION 12.1 In accordance with the United States Constitution and all federal legislation and regulations governing fair employment practices and equal employment opportunity, the Entity shall comply with: A. Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352, 73 Stat. 252) and the United States Department of Justice regulations (28 C.F.R. Part 52) issued pursuant to Titles VI and VII; B. Environmental Protection Agency regulations (40 C.F.R., Parts 7 and 12); C. The Age Discrimination Act of 1985 (42 U.S.C. Sec. 6101-07); D. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794); E. The Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et. seq.) and its associated regulations; and F. The Michigan Constitution and all state laws and regulations governing fair employment practices and equal employment opportunity, including but not limited to the Michigan Civil Rights Act of 1976 (P.A. 453) and the Michigan Handicappers Civil Rights Act (P.A. 220 of 1976), and the Wayne County Fair Employment Practice Resolution of April 14, 1970. 10 12.2 The Entity agrees that it will not discriminated against any person, employee, consultant or applicant for employment with respect to his or her hire, tenure, terms, conditions or privileges of employment because of his or her religion, race, color, national origin, age, sex, height, weight, marital status, or a handicap that is unrelated to the individual's ability to perform tasks particular to a job or position. 12.3 The Entity further agrees that it will require each contractor performing services under this Agreement to agree to the provisions of this Article. 12.4 The Entity is responsible for complying with all federal and state laws and regulations regarding competitive bidding. ARTICLE XIII ASSIGNABILITY 13 1 This Agreement will be binding upon and enure to the benefit of the parties hereto and their respective heirs and assigns. 13.2 Neither of the parties hereto may assign this Agreement without the prior written consent of the other. ARTICLE XIV VALIDITY 14.1 If any provision of this Agreement or the application to any person or circumstance is, to any extent, judicially determined to be invalid or unenforceable, the remainder of the Agreement, or the application of the provision to persons or circumstances other than those as to which it is invaid or unenforceable, is not affected and is enforceable, provided the invalid provision does not substantially alter the contract or make execution impractical. ARTICLE XV ENTIRE AGREEMENT 15.1 This document, including any attachments, contains the entire agreement between the parties. 15.2 Neither party has made any representations except those expressly se: forth herein. 15.3 No rights or remedies are or will be acquired, by either party by implication or otherwise unless set forth herein. 11 ARTICLE XVI PATENTS, COPYRIGHTS, AND RIGHTS LN DATA 16 1 If this Agreement involves research, developmental, experimental, or demonstration work and any discovery or invention arises or is developed in the course of, or imder this Agreement the Entity and the County shall retain joint authority to patent or license. 16.2 The parties agree that any plans, drawings, specifications, computer programs, technical reports, operating manuals, and other work submitted, or which are specified to be delivered under this Agreement, or which are developed or produced and paid for under this Agreement are subject to the rights of both parties and both parties shall retain an irrevocable license to reproduce, publish and use in whole or in part and to authorize others to do so 16.3 This Agreement is funded in part by the USEPA and is therefore subject to the reporting and rights provisions of 40 C.F.R. Part 30, Subpart D including Appendix B and Appendix C. 16.4 This clause shall be included in all subcontracts. ARTICLE XVII YEAR 2000 COMPLLOCE 17.1 The following, terms, when used in this Article, are understood by the parties to be defined as in subparagraphs (a) through (f) of this Paragraph. (a) Certification: the act of providing, written testimony of qualification of a process and or product as pertains to Year 2000 Compliance, including identification and documentation of all formats of Date Processing, and Date Exchange, which formats may include International Standards Organization (ISO) standards and other, generally accepted, documented methods of date representation. • (b) Date Exchange: the interchange of date data between two or more systems or system elements. (c) Date Processing: the handling of date data within a system or system element. (d) Information Products: products and / or services involving or including, but not limited to hardware, software, firmware, rniddleware and embedded systems including but not limited to Electronic Data Interface (EDT) and other interfaces for the exchange of data, whether acting, alone or combined as a system. (e) Year 2000 Compliant: the quality of a system to provide all of the following functions: (i) flawless handling of date information. via US standa:ds, before, during., and after January 1, 2000, including but not limited to accepting date input. providing date output, executing , single-century formulas, executing mufti- 12 century formulas and performing calculations on any and all dates and / or portions thereof, specifically including but not limited to dates in the year 1999 and all subsequent years; (ii) accurate operation, without interruption, before, during, and after January 1, 2000, without any change in operations associated with the advent of the new century, including but not limited to leap-year calculations; (iii) proper response to two-digit year-date input such that a system or system element resolves any ambiganty regarding century in a disclosed, defined and predetermined manner; (iv) storage and output of all date information in ways that are unambigalous as to century; and (v) interaction with other systems or system elements whereby date data is exchanged accurately, without exception, and whereby no data is corrupted by the interaction, whether or not the data be date-related, and whereby the co-operation does not otherwise adversely affect the performance of any system, system element or system component. (f) Non-Year 2000 Compliant: any system which is not Year 2000 Compliant. 17.2 Notwithstanding any provision elsewhere contained in this Aueement, the Entity expressly represents and warrants that all Information Products supplied to the County under this Agreement are fully Year 2000 Compliant according to the definitions and standards herein contained. 17 :3 The Entity expressly warrants that all Information Products which the Entity will acquire under this Agreement are Year 2000 Compliant such that any other Information Products, when used in combination with the Information Products which the Entity will acquire hereunder, will properly execute all Date Exchange and Date Processing functions, whether the other Information Products were written, manufactured, produced or performed by the Entity or by a third party. 17.4 The Entity agrees that it shall accomplish and document all modifications necessary to ensure that all Information Products previously provided or to be provided or maintained by the Entity in the future under this Agreement are or will be Year 2000 Compliant, as herein defined. 17.5 The Entity warrants that if it uses InformaEon Products to perform any service under this Agreement, all such Information Products will be Year 2000 Compliant as defined herein. E in the course of performing its obligations under this Aga-eement. the Entity uses specific Information Products in collaboration with one another such that a system is created, then the warranty c.,f this Paragraph shall apply to the system as well as to the specific Information Products. 17.6 The Entity warrants that Wit provides an electronic data interface or any other interfaces to be used in the exchange of data between the County and the Entity for the purpose of moni:ring, updating, billing, ordering, or similar purposes, such interfaces are fully Year 2000 Compliant. 13 17.7 The Entity agrees that upon any request by the County, the Entity will perform comprehensive testing necessary to demonstrate that all Information Products provided or used under this Agreement are Year 2000 Compliant, and the Entity will furnish the County with any requested Certification, as herein defined, along with supporting documentation. The Entity agrees that the County may request and receive other forms of verification that Information Products are Year 2000 Compliant, including, but not limited to, witness testing, and audit testing. Nothing in this Paragraph shall be construed, interpreted or understood to in any way alter, affect or modify the meanings or significance of any of the other provisions contained herein. 17.8 The Entity agrees that it will promptly remedy any breach of any warranty contained in the foregoing Paragraphs (2) through (7) at no additional charge to the County. Remedy of a breach may be through the correction, upgrade or replacement of any Non-Year 2000 Compliant Information Products provided or used by the Entity under this Agreement with functionally equivalent Information Products which are Year 2000 Compliant. I4 arler its best efforts, the Entity is unable to accomplish the correction or replacement of the Non-Year 2000 Compliant Information Products within 45 days of notification by the County of the failure of the Information Products to attain Year 2000 Compliance the Entity agrees that it will refund to the County any amounts paid by the County for the Information Products provided or used, and unexceptionally indemnify and hold the County harmless from and against any and -all liability, loss or eXpens, including, reasonable attorney's fees, incurred in connection with Non-Year 2000 Compliant Information Products. Nothing, in this Paragraph 17-8 shall be construed to limit any rights or remedies otherwise available under this Agreement with respect to defects other than Year 2000 Non- Compliance. 17.9 This Agreement supersedes all previous agreements between the Entity and the County which regard Year 2000 Compliance. Except as expressly modified, the terms and conditions of the original agreements will remain in full force and effect. The foregoing, Year 2000 provisions constitute the entire accord between the parties as regards Year 2000 Compliance for this Agreement. These provisions shall survive terinination or expiration of this Agreement. 17.10 Notwithstanding any provision elsewhere contained in this Agreement, the Year 2000 provisions contained in this Article, shall only apply to Information Products supplied to County, and/or acquired by Entity pursuant to this Agreement. ARTICLE XVIII JURISDICTION AND GOVERNING LAW 18.1 This Agreement, and all actions arising from it. must be governed by, subject to. and construed according to the law of the State of NEchizan. ARTICLE XIX EFFECTIVE DATES 19.1 This Agreement becomes effective immediately upon signing by both parties and shall allow for billing all costs incurred from June 30, 1999. This Agreement, unless extended by mutual written agreement, expires on May 30, 2001. Should the USEPA require reimbursement by the County of funds transferred to the Entity for costs incurred prior to this Agreement, the Entity shall be responsible _for any such reimbursement. ARTICLE XX PARTY REPRESENTATIVES 20.1 The County's representative for this Agreement is the Director of Watershed Management Division, Department of Environment, Wayne County. The Entity representative for this Agreement is the Oakland County Drain Commissioner. Either parry may assign alternate representatives upon written notification of the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first written above. COUNTY OF WAYNE, MICHIGAN By: EDWARD H. McNA.MARA. Its: Chief Executive Officer OAKLAND COUNTY, MICHIGAN By: GEORGE W KURN Its: Drain Commissioner By: Its: Chairman. Board of Commissioners JOFLN P _MCCULLOCH JOFLN P _MCCULLOCH 15 ATTACHMENT "A" to INTERAGENCY AGREEMENT between WAYNE COUNTY AND THE OAKLAND COUNTY DRALN COMMISSIONER'S OFFICE for STORM WATER GENERAL PERMIT ACTIVITIES The Oakland County Drain Commissioner Office (OCDC) was issued Certificate of Coverage No. NI:G.610042 on September 7, 1999 from the Michigan Department of Environmental Quality for voluntary coverage under the NPDES Storm Water General Permit MIG610000 (General Permit). The General Permit expires April 1, 2003. Also, several communities in the Main 1-2 and the Middle 1 subwatersheds have received Storm Water General Permits. Under these Certificates of Coverage, the Oakland County Drain Commissioner's Office proposes to perform the following activities with support from a grant through Rouge River National Wet Weather Demonstration Project: 1. Illicit Discharge Elimination Program Implement those elements described herein as Task Products of the Illicit Discharge Elimination Program, that support the Illicit Discharge Elimination Plan as submitted with the Main 1-2 subwatershed communities/agencies applications for coverage under the General Permit. 2. Public Education Program Implement those elements described herein as Task Products of the Public Education Prom -am, that support the Public Education Plan as submitted with the Main 1-2 and Middle 1 subwatersheds communities/agencies applications for coverage under the General Permit. 3. Subwatershed Management Planning Participate in the Main 1 -2 Subwatershed Advisory Group and in development of the Main 1 -2 Subwatershed Management Plan. TASK DESCRIPTION. SCHEDULE PRODUCTS AND PROGRESS REPORTING 1. Illicit Discharge Elimination Program Task Description: Implementation of those elements described herein as Task Products of the Illicit Discharge Elimination Program, that support the Illicit Discharge Elimination Plan (I:DEP) that is included in the OCDC and Main 1 -2 subwatershed communities General 1 ATTACHMENT "A" to INTERAGENCY AGREEMENT between WAYN. E COUNTY AND THE OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE for STORM WATER GENERAL PERMIT ACTIVITIES The Oakland County Drain Commissioner Office (OCDC) was issued Certificate of Coverage No. MIG610042 on September 7, 1999 from the Michigan Department of Environmental Quality for voluntary coverage under the NPDES Storm Water General Permit NIIG610000 (General Permit). The General Permit expires April 1, 2003. Also, several communities in the Main 1-2 and the Middle 1 subwatersheds have received Storm Water General Permits. Under these Certificates of Coverage, the Oakland County Drain Commissioner's Office proposes to perform the following activities with support from a grant through Rouge River National Wet Weather Demonstration Project: 1. Illicit Discharge Elimination Program Implement those elements described herein as Task Products of the Illicit Discharge Elimination Program, that support the Illicit Discharge Elimination Plan as submitted with the Main 1-2 subwatershed communities/agencies applications for coverage under the General Permit. 2. Public Education Program Implement those elements described herein as Task Products of the Public Education Program, that support the Public Education Plan as submitted with the Main 1-2 and Middle 1 subwatersheds communities/agencies applications for coverage under the General Permit. 3. Subwatershed Management Planning Participate in the Main 1-2 Subwatershed Advisory Group and in development of the Main 1-2 Subwatershed Management Plan. TASK DESCRIPTION. SCHEDULE PRODUCTS AND PROGRESS REPORTING 1. Illicit Discharge Elimination Program Task Description: Implementation of those elements described herein as Task Products of the Illicit Discharge Elimination Program, that support the Illicit Discharge Elimination Plan (MEP) that is included in the OCDC and Main 1-2 subwatershed communities General 1 Permit Applications (Applications). A copy of the IDEP from the Oakland County Drain Commissioner Application is attached to this IAA. Task Schedule: This task will begin June 30, 1999 and continue until March 31, 2001 Task Progress Reporting: Reports will be sent to Wayne County Rouge Program Office (RPO)quarterly documenting progress and achievements including copies of reports required in the Applications. The progress reports will be provided in accordance with guidelines developed the by the RPO. Reporting of illicit discharge investigations will include the use of the Illicit Discharge Elimination Tracking and Reporting software application developed by the RPO. Task Products: The following will be completed and documentation submitted to the RPO by March 31, 2001 unless otherwise specified. The OCDC has an existing Rouge Project sub-grant "Oakland County Illicit Connection Programs", executed on November 19, 1998. The scope and budget for this project was revised per OCDC request dated October 19, 1999 and Wayne County approval dated -November 5, 1999. This grant provided funding for illicit discharge investigation activities within Oakland County Drains. The following illicit discharge investigation activities will be performed and documented by the OCDC under the November 19, 1998 grant: • Complete review of existing documentation and develop prioritized list of illicit connection detection activities. • Educate permit inspectors and maintenance employees about the need to find and eliminate illicit discharges and how to report them if they are found. • Visually screen storm water outfalls to Oakland County Drains within the Rouge Watershed. • Ten percent of outfalls with persistent dry weather discharges will be tested for the presence of E. Coli. • Develop prioritized list for follow up and perform additional testing for suspicious outfalls that had a dry weather flow during the visual screening. • Visually inspect the storm drainage system upstream of outfall in areas where in stream water quality problems have been confirmed through sampling and in areas where complaints have been reported. • Perform illicit discharge survey at OCDC-owned and operated buildings, yards and maintenance facilities within the Rouge River Watershed. • Implement a county-wide complaint system to log water quality-related complaints and investigate them. • Maintain list of illicit discharges and correction status of each. • Develop procedure to coordinate complaint response and follow up. • Develop Rouge River Drainage map to digitally indicate the ownership of the drainage courses in the Rouge Watershed in Oakland County . Under this inter-agency agreement, the Oakland County Drain Commissioner's Office will perform 1DEP activities for one or more of the following communities in the Main 1-2 Subwatershed: -Auburn Hills -Beverly Hills -Bingham Farms -Bloomfield Hills -Bloomfield Township -Farmington Hills -Franklin •Lathrup Village -Pontiac -Southfield -Southfield Township -West Bloomfield Twp -Birmingham -Rochester Hills -Troy -Oak Park The following activities will be performed by the Oakland County Drain Commissioner's Office on behalf of the communities listed above. These activities will be funded by the budget identified in this inter-agency agreement: • Complete review of existing documentation and develop prioritized list of illicit connection detection activities. • Develop complaint form to identify details of complaint, corrective action(s) and date of corrective action. • Visually screen all of the storm sewer ottfalls to the Rouge River that are under the control of each municipality. • Map the locations of screened storm water outfalls on community storm sewers maps. • Develop prioritized list for follow up and perform additional testing for outfalls that had a suspicious dry weather flow during the visual screening. • Perform follow up to find the source of suspicious discharges through use of visual inspection and/or testing of discharges within the storm drainage system upstream of the site of the suspicious discharge. Other options that will be considered to find an illicit connection or discharge are televising the sewer or dye testing premises in the proximity of the discharge. • • If an illicit discharge is suspected, the OCDC shall send letters to the local municipality alerting them to the problem that is under investigation and to solicit their assistance in finding the source. • First year Report (due July 1, 2000) and Final Project Summary Report (referenced in Article 1.3 of the IAA, due at the end of the project, March 31, 2001). These reports should summarize: (1) The status of all task activities indicated above, (2) The status of the activities performed under the 11/19/98 inter-agency agreement, (3) The following activities will be performed by municipalities, using funds other than those identified in this inter-agency agreement: Review legal basis for correcting illicit discharges and develop revisions, as needed (All). Prepare ordinance and present to local legislative body, if necessary; (All) 3 Follow up on overflows of sanitary sewer manholes or cross connections to storm sewers system, if detected, and develop a plan to solve the problem(s); (All) The sanitary sewer system will be reviewed to determine areas of the community that do not have sanitary sewers available. Cost estimates will be prepared to determine the feasibility of extending sanitary sewers to those areas; (All) Examine files of water and sewer customers to determine if any properties are not being served by a sanitary sewer (Auburn Hills, Pontiac); Examine maps to determine precise number and location of storm drainage structures located in the Rouge Watershed (Auburn Hills); - Visually inspect each manhole and catch basin twice at different times of the day (Auburn Hills); - Develop sanitary sewer master plan (Farmington Hills); Develop and implement systematic method of identifying storm sewer storm sewer outfalls as a result of new construction (Farmington Hills); Develop map of storm sewer systems (Bloomfield Twp.); - Verify storm sewer catchments and identify sewer ownership (Bloomfield Twp., Southfield); Monitor new construction and identify additional storm sewer outfalls (Bloomfield Twp., Southfield); and Provide distance of sanitary sewers that have been televised (Bloomfield Twp., Southfield).* Any changes to the illicit discharge elimination program and the task products indicated above must be approved in writing by Wayne County. 2. Public Education Program Task Description: Implementation of those elements described herein as Task Products of the Public Education Program, that support the Public Education Plan that is included in the OCDC Application dated January 26, 1999 as Attachment 7 and the Public Education Plans for the Middle 1 and Main 1-2 subwatershed communities. A copy of the Public Education Plan in the OCDC Application is attached to this IAA. Task Schedule: This task will begin June 30, 1999 and continue until March 31. 2001. Task Progress Reporting: Reports will be sent to the RPO quarterly documenting progress and achievements including copies of reports required in the Applications. The progress reports will be provided in accordance with guidelines developed by the RPO. 4 Task Products: Public Education activities to be implemented under this agreement will be performed by three agencies: Friends of the Rouge (FOTR), SOCWA and the Oakland County Drain Commissioner's Office. The Oakland County Drain Commissioner's Office will oversee and report on all activities performed by outside agencies. The following will be completed and documentation submitted to the RPO by March 31, 2001 unless otherwise • specified. The following activities will be performed by the Oakland County Drain Commissioner's Office for the Main 1-2 subwatershed: • Design information display table ("Our Actions" display). The display will address watershed-wide development issues. • Prepare and distribute slide presentations and fact sheets on watershed management _ _issues for home owner associations within Oakland County, as requested. • Perform presentations to home owner associations, upon request. • Install ten tributary signs at County Road and Rouge River crossings. • Purchase and distribute 5,000 copies of the Rouge Recreational Guide. • Provide 500 copies of the Rouge Project public education brochure "Do Your Down Spouts Lead to the Rouge?" to the Main 1-2 communities. • Develop - strategy for educating the public about illicit discharge impacts on the environment in order to promote reporting. • Provide watershed education to city, township and village personnel in charge of hotlines. • Distribute 500 fact sheets on fertilizer and pesticide application to the Main 1-2 communities. • Distribute 100 packets of educational materials concerning the ultimate point and potential impacts from storm water pollutants to the Main 1-2 communities. • Provide storm drain marking materials for ten Main 1-2 subwatershed communities. • Include a public education component in Rouge watershed drainage improvement projects controlled by OCDC.' The following activities will be performed by the Oakland County Drain Commissioner's Office for the Middle 1 subwatershed: • Install Rouge tributary signaze at river crossings. • Prepare videos and display brochures/ flyers regarding. the Rouge Friendly Business Program. It is anticipated that an agreement will be made between the OCDC and Friends of the Rouge for services to be provided to Oakland County communities. An annual plan will be prepared and submitted to the RPO/Wayne County with regard to the following activities that are anticipated to be performed by Friends of the Rouge in the Main 1-2 subwatershed: • Maintain the Rouge Education Project in twenty six Main 1-2 schools in school year 2000-2001. • Coordinate and promote ten Rouge Rescue/River Day activity sites 5 Coordinate four Watershed Habitat Inventory events Work with SOCWA and OCDC to identify and implement opportunities to educate the public on application and disposal of pesticides and fertilizers. The following activities will be performed by the Friends of the Rouge for the Middle 1 subwatershed: • • Expand the Rouge Education Project in the Middle 1 subwatershed. • Perform storm drain marking It is anticipated that an agreement will be made between Oakland County and SOCWA for programs to be coordinated for Oakland County communities by SOCWA_ The following activities are anticipated to be performed by SOCWA in the Main 1-2 subwatershed: _Co-sponsor three information outreach workshops to present information on _ environmentally-friendly lawn and garden care. • Work with communities and OCDC to develop a coordinated watershed-wide effort on waste handling, collection, and disposal of household hazardous waste, sanitary wastes, yard waste and animal wastes. • Work with OCDC and FOTR to identify and implement opportunities to educate the public on application and disposal of pesticides and fertilizers. The following activities will be performed by the SOCWA for the Middle 1 subwatershed: • Ecological _gardening class for citizens. • Storm water public. education outreach at cities and regional events. The OCDC will prepare a First year Report (due July 1, 2000) and Final Project Summary Report (referenced in Article 1.3 of the IAA, due at the end of the project, March 31, 2001). These reports should summarize the status of all task products indicated above, including (at a minimum): Copies of all relevant media releases (newspaper, TV, etc.) and other published materials (workshop materials, slide presentations, fact sheets, etc.) Summary of activities coordinated with Friends of the Rouge. Summary of activities coordinated with SOCWA. Summary of tributary signs posted. Summary of workshops held and presentations made. Documentation on efforts to educate the public about illicit discharge impacts on the environment in order to promote reporting. Documentation of work with communities and SOCWA to develop a coordinated watershed-wide effort on wasze handling, collection, and disposal of household ha72rdous waste, sanitary wastes, yard waste and animal wastes Documentation of work with SOCWA and FOTR to identify and implement opportunities to educate the public on application and disposal of pesticides and fertilizers. Documentation of effort to include public education component in drainage improvement projects. Any changes to the public education program and the task products indicated above must be approved in writing by Wayne County. 3. Subwatershed Management Planning Task Description: The Oakland County Drain Commissioner's Office will work cooperatively with other members of the Main 1-2 Subwatershed Advisory Group (SWAG) to prepare a subwatershed management plan meeting the requirements of the General Permit. The first of this work will include the development of a Public Participation Process which must be approyed by the NEDEQ. Within this overall planning effort, the Oakland County Drain Commission's Office will attend meetings of the Main 1-2 SWAG and will attend any additional meetings scheduled for the public participation and subwatershed planning effort. The OCDC will provide information as requested by the SWAG to assist in development of the Main 1-2, subwatershed management plan. The OCDC will provide timely review and comment on draft copies of letters, public brochures, announcements, reports, and municipal resolutions and the Main 1-2 subwatershed management plan as requested by the SWAG. Task Schedule: This task will begin June 30, 1999 and will end May 30, 2001. The Subwatershed Management Plan for the Main 1-2 subwatershed is due May 28, 2001. The Public Participation Process Plan for the Main 1-2 subwatershed is due December 3, 1999. Task Progress Reporting: Reports will be sent to the RPO quarterly documenting the Oakland County Drain Commission's Office individual efforts in the planning, work. The Wayne County/RPO will prepare a monthly progress report on the entire SWAG collective subwatershed management planning effort of the Main 1-2 SWAG. Task Products: • Participation in the Main 1-2 SWAG. • Subwatershed Management Plan for the Main 1-2 Subwatershed. • Public Participation Process plan for the Main 1-2 Subwatershed. 7 ,LI BUDGETS. FUNDING AND DOCUMENTATION OF TOTAL COST Total Project Cost (for Oakland County Drain Commissioner's Office) =5812,337 Funding from Rouge Project Federal Grant (for Oakland County Drain Commissioner's Office Activities) =S408,000 Funding from Oakland County Drain Commissioner's Office (for Oakland County Drain Commissioner's Office Activities) = $404,337 Funding for each task is as follows: Task Number and Title Total Cost Wayne County Oakland County _ _ RPO Cost Drain Commissioner's Office Project Cost 1. Illicit Discharge Elimination Program for the Main 1-2 Subwatershed $420,000 SO $420,000 2. Public Education Program a. Main 1-2 Subwatershed $296,337 SO S296,337 b. Middle 1 Subwatershed $96,000 SO . S96,000 3. Subwatershed Management Planning for Main 1-2 Subwatershed $150,000 S150,000 SO • Total Project Cost $962,337 S150,000 S812,337 Federal Funding $558,000 S150,000 $408,000 Oakland County Drain Commissioner's Office Funds S404,337 SO S404,337 i Both parties agree that the Rouge Project federal grant funds for Task 3, Subwatershed Management Planning, shall be retained by Wayne County to pay for services by the RPO to prepare the Main 1-2 subwatershed management plan. The RPO will submit to the Main 1-2 SWAG a proposal outlining in detail the services and costs for performance of the work in Task 3. After thorough review and discussion by the SWAG and the RPO on the cost and scope of the planning work, if there is any reduction or increase in the cost, this change shall be reflected in an amendment to this Agreement. " 4 tit rf.' f • = /7!.r'-' . 4 8 Project cost shall distinguish between costs for contracts for planning and design versus costs for construction or implementation of programs, as follows; Contractual Total Budget Wayne County OCDC RPO Cost Cost 3. Participate in Main 1-2 Subwatershed Management Plan $150.000 $150,000 Sub-Total $150,000 $150,000 $0 Construction/Implementation Total Budget Wayne County OCDC RPO Cost fag 1. Illicit Discharge Elimination Program in the Main 1-2 $420,000 $0 $420,000 2. Public Education Program a. Main 1-2 Subwatershed $296,337 $0 $296,337 b. Middle 1 Subwatershed $ 96.000 10 $ 96_000 - - Sub-Total $812,337 $0 $812,337 Total S962,337 $150,000 S812.337 Oakland County Drain Commission will document its work performance and local cost for each task as follows: Contractual Documentation Method 3. • Participation in the Time sheets & cost summary tables for in- Subwatershed Plans kind services Construction/Implementation Documentation Method 1. Oakland County Drain Time sheets & cost summary tables for in- Commissioner's Office IDEP kind services 2. Oakland County Drain Commissioner's Office Public Time sheets and cost summary tables for in- Education Program kind services Reimbursement of Costs The following identifies the funding distribution and percent reimbursement for the City of Wayne under this Inter-Agency Agreement: Total Cost Rouge Project Local Funds Rouge Project % Federal Grant Funds Federal Grant Funding $812,337 $408,000 $404,337 50.27% I: \TECH\ WATERNIGT,WMD6.4\RAE99FUNDINCOMMUNIT OCDCOCDC.-VITA.WPD November 30. 1999 0 ILLICIT DISCHARGE ELIMINATION PLAN FOR OAKLAND COUNTY Submitted by: George Kuhn, Drain Commissioner OAKLAND COUNTY, MICHIGAN ONE PUBLIC WORKS DRIVE, BUILDING 95 WEST WATERFORD, MI 48328-1909 PH: (248)858-0958 FAX: (248)858-1066 1.0 INTRODUCTION This document details an illicit discharge elimination plan for all Departments of Oakland County within the Rouge River Watershed. The Oakland County Drain Commissioner's office (OCDC) is the lead applicant with support from other departments. The Oakland County portion of the Rouge Watershed has been further subdivided into three subwatersheds, the Main 1/2, the Upper and the Middle 1. The OCDC will coordinate the work with the three Storm Water Advisory Groups (S WAGS), the multiple municipal interests, the Rouge Remedial Action Plan Advisory Council (RRAC) and other Oakland County Departments to assure an effective effort. The Oakland County communities within the Rouge watershed include: *Auburn Hills *Beverly Hills . •Bingham Farms *Birmingham •Bloomfield Hills •Bloomfield Twp. •Commerce Twp. •Farmington •Farmington Hills *Franklin •Lathrup Village *Lyon Twp *Novi . *Novi Twp. *Oak Park ' •Pontiac . •Rochester Hills •Southfield ,----- 7,-,--N •Southfield Twp. •Troy *Walled Lake (_) ,;(c- *West Bloomfield Twp. •Wixom ,/ -------- In 1987, the United States Environmental Protection Agency (USEPA) required Phase I storm water NPDES permits for municipal separate storm sewer systems for cities with population over 100,000, George W. Kuhn Oakland County Drain Commissioner January 26, 1999 Loarumthininccouid.p..pd Owoj 1 George W. Kuhn Oakland County Drain Commissioner January 26, 1999 LoaklandbirsirscomAdep.wpd certain industries, and construction sites over 5 acres in size to complete the permit process. Phase II of this permit process has been drafted and is currently out for public comment. The requirements as drafted apply to communities with population over 50,000 or more than 1,000 people per square mile, construction sites over 1 acre in size, and several additional industial categories. It is expected that all of the Rouge River Watershed within Oakland County, except Lyon Township, will be included in Phase II coverage. In anticipation of the Phase II storm water requirements, the MDEQ developed the Michigan NPDES General Storm Water Permit (General Permit) Municipal entities which seek coverage under this General Permit are required to fulfill a series of requirements which closely match those expected under the federal program. This application identifies a program which will fulfill the requirements of both the current General Permit and the anticipated Phase II NPDES Program. The plan also is divided into both a short term program (covering the initial permit period) and a proposed long term program (for application under the Phase H program.) This division recognizes that once a thorough illicit connection program has been completed and the majority of the illicit discharges have been identified and eliminated, a lesser program is sufficient to contain future problems. This plan includes a description of a program to find, prioritize, and eliminate illicit discharges and illicit connections identified during dry weather screening activities and a description of a program to minimize infiltration of seepage from sanitary sewers and septic systems into the separate storm water drainage system. The.plan also identifies the interaction and responsibilities of the OCDC as it pertains to other Oakland County Departments and the local communities which he serves. • This general Illicit Discharge Elimination Plan includes a series of department specific assignments. As the program proceeds, these assignments may shift. The final division of work between the George W. Kuhn Oakland County Drain Commissioner January 26, 1999 oakJandidrunconvidep w7ci 3 departments will be detailed in the Oakland County Storm Water Pollution Prevention Initiative. Once illicit discharges are identified, the type of remedial action required is dependent on the jurisdiction in which the guilty facility falls. The institutional arrangements to address the problem areas will vary from subwatershed to subwatershed and, in fact, may vary within the subwatershed. Illicit discharges are governed by a combination of state, county and local ordinances. The OCDC as the permit applicant will monitor the entire drainage system currently under the jurisdiction of Oakland County including county drains and county road drainage. As areas are identified as being impacted by illicit discharges, the MDEQ and the contributing local unit of government will be notified. The success or failure of the removal process will be monitored by the OCDC. The actual illicit connection removal will remain the responsibility of the local unit of government. Some communities have chosen to contract with the OCDC to pursue illicit connections upstream of the county drainage system. In these communities, the OCDC will accept the responsibility of identifying the individual cross connection. In these cases, the actual removal will be coordinated through the local municipality, the County Health Division and/or the Prosecutor's office. The final enforcement vehicle will be detailed as part of the Oakland County Storm Water Pollution Prevention Initiative. George W. Kuhn Oaldand Counry Drain Commissioner January 26. 1999 I. aucind/draInconwidep,wpd .1 2.0 ILLICIT DISCHARGE ELIMINATION PLAN FOR OAKLAND COUNTY The Illicit Discharge Investigation Base Program represents the long term program to which Oakland County can commit for both current and future NPDES requirements. As storm water travels downhill it not only transports pollutants but it also passes through multiple political jurisdictions. Thus, an effective illicit connection program must not only identify problems and the sources of those problems but must also identify the entity responsible for the elimination of the pollutants source. For this to work effectively, a variety of government entities must work cooperatively. Additionally to assure that efficiency is maintained, one unit of government must take the lead. In Oakland County, the OCDC has been charged with this leadership role. The Oakland County Board of Commissioners established a study group consisting of multiple county departments to provide guidance to the OCDC. The OCDC will continue to report to the study group, as well as the County Board of Commissioners, as the process proceeds. One weakness of the Phase I storm water permitting effort was the prescriptive sampling requirements which resulted in large costs but very little useful information. In an effort to eliminate the shortcomings of the Phase I storm water permitting process, the OCDC will focus their efforts on those areas which suggest that the watet quality is degraded and that the cause for degradation is unknown. As these problem areas are identified, the OCDC will work upstream to pinpoint the likely entry of the pollutant. 2.1 Environmental Coordinator The OCDC will appoint or designate an Environmental Coordinator to oversee and to be responsible for compliance with the requirements of the General Permit. Initially Phillip Sanzica, P.E. will serve as the Environmental Coordinator. In the event this responsibility is transferred to another George W. Kuhn Oakland County Drain Commissioner January 26, 1999 I oarJandidninccevidep.wpd 5 individual, the Michigan Department of Environmental Quality (MDEQ) will be notified in writing. 2.2 Existing In Stream Water Oualitv Data The Rouge Program Office (RPO) has initiated a long term, inseam monitoring program which documents the water quality of the Rouge River under a variety of flow conditions. It is anticipated that the RPO and/or the MDEQ will maintain this monitoring program to measure the success of the multiple water quality programs currently underway. This data will represent the benchmark data from which the field investigations will be designed. Prior to any field investigations, a complete investigation of existing documentation will be completed to assist in prioritizing all illicit connections detection activities. This investigation will involve the review of the large amount of data collected by the Rouge River National Wet Weather Demonstration Program (RRNWWDP) and information available through the Oakland County Health Division. This water quality data will be screened for consistently high concentrations of bacteria. Bacteria is the most obvious indicator of sanitary discharges into the river. There are also areas where there is little or no benthic life present. This would indicate pollutant sources other than sanitary sewage but may also suggest an illicit discharge. Once an area of the river has been identified as having known contamination., the area will be targeted for future prioritization analysis which will ultimately determine which areas will require additional field activities. 2.3 Complaint Line The OCDC maintains a 24 hour, 7 days a week complaira line. This operation has historically focused on flooding issues. As part of the General Permit effort, the personnel responding to citizens complaints will receive training on how to properly respond to pollution complaints. This effort coupled with an expanded public education effort will allow the public to become the "eyes and ears" to help identify pollutant sources. _ George W. Kuhn Oakland County Drain Commissioner January 26, 1999 I: osIdandidnancom/i dep. wpd 6 To tailor the complaint receipt and documentation effort, local government field departments, such as the Department of Public Works (DPW) will be interviewed to inquire about any complaints received from the public or unusual observations of the river or storm outfalls. In addition, enforcement agencies such as the MDEQ, Oakland County Health Division and/or the Oakland County Prosecutor's office will also be interviewed to determine if any documentation may exist on occurrences which would be indicative of an illicit discharge. The information collected during these interviews will be used in prioritizing areas of the river for field investigations. 2.4 Reconnaissance Survey The OCDC maintains an ongoing reconnaissance survey to establish the condition of their drains. Similarly, the Road Commission for Oakland County (RCOC) regularly surveys their drainage -systeni. Once again, this effort has traditionally focused on drainage and flooding issues. As part of the General Permit effort, these inspectors will be given specific training to aid in the detection of illicit discharges. In addition to these general surveys, a one-time specific reconnaissance surveY of the outfalls and major discharge points to the river will be performed to locate any dry weather discharges. These dry weather discharge locations may be indicative of illicit connections. 1. The 06DC has identified the location of the drainage systems under their jurisdiction and the point of discharge for each. The OCDC will work with the kCOC to assemble similar information pertaining to the road drainage system. When the discharge is to a drainage systems owned and maintained by yet another, non-county entity, this third entity will be identified and notified. The information collected under this activity will be of sufficient detail for its inclusion in the Oakland County Geographic Information System (GIS). 2. As part of their search for illicit drain connections, all outfalls (aboveground discharge points) leaving any county jurisdiction shall be visually inspected during dry weather periods to identify obvious signs of cross connections. These will include indications of George W. Kuhn Oakland County Drain Commissioner January 26, 1999 LoakiandidrainconVidep.wpd 7 fluids, gross solids, discolorations and odors. Ten percent of those outfalls with persistent dry weather discharges will be tested for the presence of E. coll. As experience is gained on this program, the percentage of outfalls to be analyzed may vary. 3. Locations identified by visual screening, complaints and water quality data that require follow-up, will be prioritized and re-visited during dry weather periods. Those that are suspected of discharging polluting material during dry weather periods will be tested based on water quality problems found in the river. Assistance in sample collection and testing may be requested of the Oakland County Health Division (OCHD) and the Michigan Department of Environmental Quality (MDEQ) when a significant pollutant or complex problem is found. 4. Permit engineers, inspectors and maintenance workers and administrators from the OCDC will receive training to help them identify possible illicit discharges and how to report them. Personnel to receive training will include all superintendents, forepeople, crew leaders, survey crews and mowing crews. Potential illicit discharges will be reported to the Environmental Coordinator. 2.5 Support of Local Communities The OCDC will continue to work with the Main 1-2, Upper and Middle 1 SWAGs, the RRAC and all participating communities to develop watershed management plans and non-duplicative Storm Water Pollution Prevention Initiatives. ri tit George W. Kuhn Oakland County Drain Commissioner January 26, 1999 I: mid soddrai ',cowl dep. wpd 8 1 3.0 ILLICIT DISCHARGES PRIORITIZATION In addition to the base program described in the previous section, a more intensive program will be required under the initial program. Because there has historically been little effort expended on identifying and eliminating illicit discharges, it is anticipated that during the initial permit program, the program will require an intensive effort. Thus, as the Base Program proceeds, several areas of the river will be selected for further investigation procedures. In addition, based on information collected-during the preliminary process, it may become evident that some areas of the river will need no further investigation. In these "clean" areas, only an ongoing review of the continuous water quality monitoring is required. Areas selected for further investigation will most likely contain storm outfalls from numerous drainage areas. Sources that are discharging sewage or other pollutants will be investigated in the following priority: 1. Areas in which in-stream water quality problems that have been confirmed by sampling will be identified. The Environmental Coordinator will determine if off site drainage is contributing to water quality problems and will develop a plan for further investigation or correction. 2. Complaints related to the discharge of polluting materials will be investigated as they are reported by the county employees or the general public through the compliant system. 3. Those outfalls that are identified to have yielded the highest E. coli bacteria results will be reinvestigated by a visual inspection of the storm drainage system upstream of the outfall. In addition, water sampling and testing will be done as necessary to find the source of the illicit connection. 9 4. Suspicious discharge other than bacteria, will be prioritized based on the estimated impact on the river. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 . I eaklandidrstocomlidep.*pd George W. Kuhn Oakland County Drain Commissioner January 26, 1999 uouimaidnumon,Adcp.wyd I 0 4.0 PLAN TO ELIMINATE ILLICIT DISCHARGE AND CONNECTION Once the areas are selected for field investigations, facilities within these areas will need to be prioritized for investigation. These facilities may consist of county facilities, industrial complexes, commercial facilities, residential neighborhoods, recreational areas, etc. A visual inspection of outfalls to County owned and maintained storm sewers that discharge into the Rouge Riverwill be performed during the period covered by this permit. Suspicious discharges identified from available water sampling data, complaints and visual inspections will then be prioritized for sampling. Investigations will be made to locate the sources of pollutants or to find additional evidence of the origin. Those agencies responsible for transporting the illicit discharges - - - will be notified and requested to correct the problem and monitor the discharge to assure correction is satisfactorily completed. 1. When-a potentially illicit discharge is identified, the Environmental Coordinator will attempt to identify the ownership of the discharge point. If another jurisdiction is identified, a complaint will be forwarded to that jurisdiction in writing. If the discharge is from an individual home or business, the local municipality will be notified in writing. In the event the illicit discharge is suspected to be sanitary sewage, the OCHD will also be notified. 2. The existing authority of the OCDC and the local municipalities will be used to address illicit discharge and connections. In the event inadequate progress is made, assistance may also be requested from the OCHD or the MDEQ to obtain correction_ 3. If overflows of sanitary sewer manholes or cross connections to a storm sewer are detected, they will be reported to the local units of government for further action. Oakland County Drain Commissioner January 26, 1999 toalcludidniocodep.wpd 11 4. After the County has been issued coverage under the general permit, the standard construction specifications will be modified to require contractors to identify and report potential illicit connections as part of their permit requirements. The wording of the permit guidelines will be developed as part of the approved Oakland County Storm Water Pollution 5. The OCDC commits to performing an illicit discharge survey at all Oakland County owned and-operated buildings, yards and maintenance facilities within the Rouge River Watershed. George W. Kuhn George W. Kuhn Oakland County Drain Commissioner January 26, 1999 LoaldandidniacoaVidep.wpd 12 5.0 PLAN TO MINIMIZE INFILTRATION OF SEEPAGE FROM SANITARY SEWERS AND SEPTIC SYSTEMS INTO SEPARATE STORM WATER DRAINAGE SYSTEMS 1. The OCDC field personnel will receive training to identify areas where on-site sewage disposal system (OSDS) are suspected of having failed_ This includes the identifications of bypass pipes (cheater pipes) and areas where the drain field has failed and sewage is leaching into open drains. Reports of these failures will be forwarded to the Environmental Coordinator for appropriate action. 2._ OSDS round to be experiencing problems or failing will be referred to the property owner and the Oakland County Health Division. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 I : ealtlardidramcornAdep..7) 1.3 6.0 IMPLEMENTATION SCHEDULE Within twelve months of the issuance of the Certificate of Coverage the following will be done: 1. A plan and timetable will be prepared in cooperation with the other county departments to seek and find the sources of suspicious discharges that have been identified in association with storm water drainage from the county drains within the Rouge River Watershed. 2. A county-wide complaint system will be in place to log complaints and investigate them. 3. A visual screening of 20% of the outfall sewers within the Rouge Watershed will be completed. 4. Pei-mit inspection and maintenance employees of the OCDC will have been informed about the—ne-iii-to find and eliminate illicit discharges and be informed as to how the complaint system will be made available to them. 5. A list of illicit discharges and the corrections status of each will be maintained by the Environmental Coordinator. 6. A procedure will be developed in cooperation with the OCHD, the MDEQ and the Prosecutor's office to coordinate complaint responses and follow up. 7. An Oakland County, Rouge River Drainage map will be initiated to digitally indicate the . ownership of the drainage courses. Twelve to sixty months following the issuance of Certificate of coverage the following will be accomplished: 1. Visual screening of the remaining outfalls will be completed. 2. Suspicious outfalls that had a dry weather flow during visual screening will be tested for suspected pollutants. 3. The Oakland County/Rouge River Drainage Map will be completed and recorded in digital form in the Oakland County GIS. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 1: orldasdidnioccenoidep.wpd George W. Kuhn Oakland County Drain Commissioner January 26, 1999 tosIduseYdraiacomfidep.wpd 15 7.0 ANNUAL PROGRESS REPORTS At the end of the second year and every year thereafter, the Environmental Coordinator will prepare and submit to the MDEQ the following reports: pg cil II 1. A summary report will be prepared listing the number of complaints received, investigated and the general results of the investigation along with any actions that were taken place to correct the problem. An index map will be included, to show the areas under investigation. 2. A listing of the entities found to be improperly connected to the storm or sanitary sewer will be prepared and maintained by the OCDC. 3. A listing of on-site sewage systems found to be improperly functioning and actions taken to correct problems will be prepared and maintained by the OCDC. - - 4. A list of outfalls and manholes tested and results of those tests will be prepared and included in the annual report. 8.0 THE ROLE OF THE LOCAL UNIT OF GOVERNMENT While the OCDC has the legal authority to preclude pollutants from being discharged to their drainage ways, as a practical matter this is very difficult. There are very few entry points which represents the discharge of a single discharger. Thus, should the county choose to block off the entry point of contaminated flow, many law abiding customers would be impacted. For this reason, it is imperative to work cooperatively with the local units of governments and thereby facilitate the investigations of the upstream collection systems. Some commimities will choose to manage their own collection system. In these cases, the OCDC will notify them of the suspected illicit connection as well as notifying the MDEQ. The community will then be left to their own devices to investigate, identify and remediate the illicit discharge. These communities would also likely have requested individual coverage under a General Permit and therefore would be managing their own illicit connection program._ _ Other communities will choose to relegate their responsibility to the OCDC. In these cases, the communities would seek coverage under the General Permit but would also enter into an interagency agreement between the community and the OCDC to grant the OCDC the authority to investigate illicit discharges within the cities collection system in return for a fee to be paid to the OCDC. January 26, 1999 1: add anddrai warrai dep..pd 16 I George W. Kuhn Oakland County Drain Commissioner 1111 17 9.0 PREVENTION OF FUTURE ILLICIT DISCHARGES Once a thorough program of illicit discharges has been completed, an on-going effort will be initiated to prevent reoccurrence of these problems. The program will be divided into two categories, traditional illicit connections and failing septic fields. 9.1 Illicit Connection All new taps into a county owned and operated storm water collection system must certify that the --) connection is free from illicit discharges and must be approved by the permit engineer. The ( procedures required for this certification will be developed as part of the approved Oakland County _Storm Water Pollution Prevention Initiative. 9.2 Plan to Minimize Infiltration of Seepage from Sanitary Sewers and Septic Systems into Separate Storm Water Drainage System Any OSDS found to be failing and draining into a county right of way will be forwarded to the local community and the OCHD. Failures are expected to be identified as part of the OSDS evaluation program and in response to complaints. City policies and requirements for connection to sanitary sewers will remain the purview of local 'units of government and will be reviewed to provide incentives to connect to the sanitary sewer and/or to ease the financial burden of sewer connection. The detailed site inspection will be left to the local municipality and/or the OCHD. George W. Kuhn Oakland County Drain Commissioner January 26. 1999 Loaklandldraiscomlidep.wpd George W. Kuhn Oakland County Drain Commissioner January 26, 1999 Laakimactraiscowidg.wpd 18 10.0 POST IMPROVEMENT WATER QUALITY EVALUATION Upon completion of the illicit connection elimination activities, water quality will be evaluated to document conditions of the water quality following the remeciiation effort_ This water quality data is required in evaluating the effectiveness of the illicit connection elimination program. and the OCDC will oversee the long term water quality sampling program. The RPO George W. Kuhn Oakland County Drain Commissioner January 26, 1999 . wp1vrawstsed1cowxygOpubliced.wpd 1 PUBLIC EDUCATION PLAN OAKLAND COUNTY SUBMIllED BY: GEORGE ICIJIL\1, DRAIN COMMISSIORER OAKLAND COUNTY, MICHIGAN ONE PUBLIC WORKS DRIVE, BUILDE\IG 95 WEST WATERFORD, Ml 48328-1907 PH: (248) 858-0958 FAX: (248) 858-1066 This periiiit application is submitted by the Oakland County Drain Commissioner (OCDC) seeking coverage for all County owned and/or oprated facilities within the Rouge River Watershed. The public education efforts will be carried out by a number of County departments but will be coordinated through the Drain Commissioners Office. These department include but are not limited to: the Department of Facilities Maintenance and Operatiods - (FM&O), the Department of Community and Economic Development (DCED), the Department of Human Services (DHS), and the Parks and ReCreation Department (PRD). This Public Education Plan follows the format recommended by the Michigan Department of Environmental Quality (MDEQ) and includes the six major sections required in the Permit A majority of the public education effort identified in the permit application is most appropriate to local municipalities. In such cases Oakland County will take a support role. Other areas are more appropriate at a County level. In this later case, the OCDC will coorainste with both the local cities/townships/villages (CTV) and other County departments. The requirements as defined in the permit application are as follows: 1. REQUIRED ELEMENTS a. Encouragement of public reporting of the presence of illicit discharges or improper disposal of materials into applicant's separate storm water drainage system. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wTA-virsiteo.cooarrnAir.blieed wpd 3 To the maximum extent practicable, the Office of the OCDC will address the County responsibilities by promoting and supporting existing public involvement programs such as the Rouge Education Project, the Rouge Rescue, the Rouge Friendly Business Program and the Rouge Friendly Neighborhood Program. Activities would include such projects as storm drain stenciling, River Watch and River Stewards. Existing public education efforts and anticipated future efforts for each of the Required Elements are briefly described below. a. .Encourage the public to report illicit discharges or improper disposal into 'storm sewers. 'Existing Effort: None. Future Effort: As part of this Illicit Discharge Elimination Plan, the OCDC is establishing a centralized complaint sysiem for the reporting, responding and tracking of environmental complaints. The OCDC staff shall work with the CTVS and support them if called upon. Additionally, the OCDC will insure that supported 'fl CTV "hot lines" are educated properldA strategy for educating the public about illicit discharge impacts on the environment will be developed in order to promote reporting. b. Education of the public on the availability, location and requirements of facilities for the disposal or drop-off of household hazardous waste, travel trailer sanitary wastes, chemicals, grass clippings, leaf litter, animal wastes, and motor vehicle fluids. 2.0 ILLICIT DISCHARGE ELIMINATION PLAN FOR OAKLAND COUNTY The Illicit Discharge Investigation Base Program represents the long term program to which Oakland County can commit for both current and future NPDES requirements. As storm water navels downhill it not only transports pollutants but it also passes throus± multiple political jurisdictions. Thus, an effective illicit connection program must not only identify problems and the sources of those problems but must also identify the entity responsible for the elimination of the pollutants source. For this to work effectively, a variety of government entities must work cooperatively. Additionally to assure that efficiency is maintained, one unit of government must take the lead. In Oakland County, the OCDC has been charged with this leadership role. The Oakland County Board of Commissioners established a study group consisting of multiple county deparments to provide guidance to the OCDC. The OCDC will continue to report to the study group, as well as the County Board of Commissioners, as the process proceeds. One weakness of the Phase I storm water permitting effort was the prescriptive sampling requirements which resulted in large costs but very little useful information. In an effort to eliminate the shortcomings of the Phase I storm water permitting process, he OCDC will focus their efforts on those areas which suggest that the watet quality is degraded and that the cause for dezadation is =known. As these problem areas are identified, the OCDC will work upstream to pinpoint the likely entry of the pollutant. . 2.1 Environmental Coordinator The OCDC will appoint or designate an Environmental Coordinator to oversee and to be responsible for compliance with the requirements of the General Permit. Initially Phillip San74ca, P.E. wlll serve as the Environmental Coordinator. In the event this responsibility is transferred to another Geurg: W. Kuhn - 0a4and County Drain Commissioner Jantmry 26, 1999 I: ow:and/dna mom; dep..* George W. Kuhn Oakland County Drain Commissioner January 26, 1999 mematnhadkounty spfublIced. wpd 5 opportunities, mechanisms and information for educating the public on these issues. The OCDC office will work with the PRD to obtain and distribute fact 1. sheets on fertilizer and pesticide application from the MSU Extension Service, )• - SOCWA and the Rouge Program Office (RPO). d. Public education concerning materials and procedures for residential car washing. Existing Effort: • • None. Future Effort: • The OCDC will support local community efforts to modify residential car ,washing practices. e. Public education concerning the ultimate discharge point and potential impacts from storm water pollutants. Existing Effort: None. Future Effort: The OCDC and DCED will distribute educational materials utilizing existing information available from the State, the RPO and educational institutions. The OCDC and DCED will also provide responses to requests for drain maintenance services. f. Public education for citizen responsibility and stewardship. Existing Effort: Within Oakland County, 28 schools of eight different municipalities are currently participating in the Rouge Education Project. The FOTR coordinates four Rouge George W. Kuhn Oakland County Drain Commissioner January 26. 1999 wowairsh.koiwywouolicga..pa 7 participates in the Middle 1 and the Upper Subwatersheds. To date, these groups have focused on the concerns of the municipal and County entities impacted by the storm water management requirements. As these responsibilities have become better defined, an outreach effort has been initiated. ThiS effort has resulted in the participation of the FOTR, the Clinton River Watershed Councils, the SOCWA and the RRAC. Additional participation will be encouraged. It is anticipated that the Watershed Planning Public Participation process will also be a -forum for involving stakeholders in the development/modification of our community's public education plan. Oakland County is a sttkeholder in this group but only a stakeholder. The County must look to the communities for leadership in addressing the neighborhood groups and the block clubs. This is where true public education can be effective. The County will be a full participant in this process. Revisions and input regarding the Public Education Plan are expected and welcome throughout the Watershed Plan development process. 3. PRIORITY CONCERNS TO BE ADDRESSED IN THE FIRST YEAR Based on comments received from stakeholders, the County will initially focus its first year of public education efforts on relatively simple concepts such as "Watershed Awareness," "Storm Water Management' and "Our Actions Affect the River" targeted at home and business owners in Oakland County. Although the Rouge River passes through Oakland County, few people see it on a daily basis. Raising awareness about the connection of the Rouge River to our County with upstream and downstream public access areas will be a priority. Educating County staff and fostering cooperation and partnerships with existing organizations, groups and agencies involved in educating the public regarding storm water management will also be a priority in the first year. George W. Kuhn Oakland County Cram Commissioner January 26, 1999 vIA.nulhedNcounry gpowiiced. wpd 9 5. OTHER ORGANIZATIONS ASSISTLNG WITH PUBLIC EDUCATION List the organization, the program assistance and the contact person. l ORGANIZATION . PROGRAM CONTACT Friends of the Rouge Rouge Education Project, Rouge Rescue, Tracy Cyr (FOTR) Rouge Stewards Program Jim Graham , Southeast Oakland Household Ha7ardous Waste Collection/ Lillian Dean County Water Authority Education, Yard Waste Management and Tom Waffen (SOCWA) Healthy Lawn and Garden Program . Rouge Program Office Rouge Friendly Business Program Karen Reaume (RPO) E. L. Johnson Nature Stewards of the Land E. L. Johnson Center Nature Center Oakland Schools 'If You Love This Earth" Lamoine Motz Science, Matharnatics & Dave Houzel Technology Center _ _6. SCHEDULE FOR PUBLIC EDUCATION PLAN IMPLEMENTATION - YEAR 1 Based on comments received from stakeholders, Oakland County will encourage participation in the following public education activities in this first year. Activity #1: Target Audience: Messages: Description: Timetable: Responsibility: Heighten Visibility & Promote School Water/Resource Monitoring. City Council, school officials, and all residents. Although water quality has improved, pollutants remain in the water Presentations to City Councils and School Boards encouraging participation in the Rouge Education Project. Contact teachers currently participating in Rouge Education Project. Prior to presentations, press releases to heighten visibility. t .Coordinate presentations with OCDC staff, teachers and students. Ten presentations throughout permit period. Oakland County Environmental Cocrdinator Timetable: Responsibility: Timetable: Responsibility: George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wpkwasnhedkauntygp1pubiicaiwpd 11 Messages: Description: Timetable: Responsibility: Activity #5: Target Audience: Messages: Description: Activity #6: Target Audience: Messages: Description: groups. "Dump no waste. Drains to Rouge River." Support FOTR program that actively and systematically stencils storm drains and shares information throughout the residential neighborhoods and commercial business areas of communities. Coordinate efforts between OCDC, FOTR and Oakland Schools. Immediately. Oakland County Environmental Coordinator Tributary Signage at County Road & River Crossings. Drivers, passengers and citizens. Connection to the river. You are in a Rouge River community. Signs will be placed at roadway/river crossings identifying the Rouge River and its tributaries (e.g. 'Creek Tributary of Rouge River"). Additionally, watershed/subwatershed boundaries will be identified (e.g. "Welcome to Rouge River Watershed", or "Entering Franklin Branch Watershed"). 10 signs to be installed during permit period. Oakland County Environmental Coordinator Co-sponsor Information Outreach Workshops. Community residents. Environmentally-friendly lawn & garden tare. Work with SOC WA, MSU Extension and FOTR. Three workshops will be held throughout the permit period to inform residents about healthy lawn and garden principles and practices. The permit period. Public information officer. - Georgc W. Kuhn . Oakland County Drain Commissioncr January 26, 1999 13 Responsibility: Public Information officer. I 7. RELATIONSHIP TO WATERSHED MANAGEMENT PLANNING Based on initial discussions with fellow subwatershed communities, effective public education regarding storm water management will be a specific goal of the Watershed Management Plan. The Public Education Plan as submitted with the permit application is recognized as simply the beginning and is therefore somewhat vague. With experience gained as Watershed Management progresses, appropriate modifications will be made to the Public Education Plan. 8. PLAN FOR EVALUATING IMPACTS The Public Education Plan will be evaluated based on progress made towards the objectives _ described above. We are cognizant of the public survey performed by the RPO in 1993. It is anticipated that through the Watershed Planning Public Participation process, we will be able to gauge our community's baseline awareness of storrn water management and perception of the Rouge River. • During the Watershed Management Plan development process, the need to evaluate the success or impact of the Public Education Plan will be likely and will be discussed. Oakland County will participate in future surveys and/or studies to evaluate public education plan impacts with fellow subwatershed communities, the Friends of the Rouge, as well as other organizations and agencies involved in storm water management/watershed management educational efforts. Simple mechanisms for evaluating the impact of the individual Public education activities described above will also performed. Tracking the participation of the community schools, community groups, and individuals in existing Rouge River educational programs will be one method of evaluating impacts. It is anticipated that the evaluation methods and results will be briefly described in the annual permit report. Page 1 of Site Name 01) S.:e/Project Cost Obiigation Organization) Deobiigatioi rrn cco .E-3,000,CCO Attachment "B" U.S. ENVIRONMENTAL PROTECTION AGENCY 1. ASSISTAN 10 O. 2. LOG NUMBER XF.T..c. 574.3-C,4-) 05-X -CCO -EPA ASSiSTANCE AGREEMENT / AMENDMENT 3."1/11A9F2W2R9SS8 1 4. MAIU a_ NG I',/, 1 PART I - ASSISTANCE NOTIFICATION INFORMATION 4114 i 16. AGREEMENT TYPE I 6. PAYMENT METHOD • . • I c...100....or•is Agronimonit I D attrareat Aeonourament E Acti Nu.... ACH - 0512 ! Grant Agreement X Send Payment Roquette bs 17. TYPE OF ACTION I ;mamma.= Amencivaant COMPTROLLER BRANCH, MF-10J 'CONTINUATION ' 8. RECIPIENT --5. PAYEE P. WAYNE COUNTY- MICHIGAN WAYNE COUNTY - MICH:GAN la- lc 415 CLIFFORD 415 CUFFCRID I I DETROIT, MI 48226 DETROIT, MI 48226 IP II I E N EIN NO. CONGRESSIONAL DISTRICT 10. RECIPIENT TYPE IT 380048P5 13 COUNTY OR PARISH lo 11. PROJECT MANAGER AND TELEPHONE NO. 12. CONSULTANT (WWT Cannarucclian Grams only) I Fl JAMES E MURRAY IG . N/A 1 (313) 224-3631 ... E 13. ISSUING OFFICE (CITY / STATE) 14. EPA PROJECT/ STATE OFFICER AND TELEPHONE NO..; P US ENVIRONMENTAL PROTECTION AGENCY WOjCIK A ACQUISMON-ASSISTANCE BRANCH WATER DIVISION I C US EPA, REGIONS, MC-10J WS-15..I. (312 586-0174 77 'N JACKSON BLVD ,• Jr CHICAGO, IL 60604-3590 IA 15. EPA CONGRESSIONAL LIAISON bi PHONE 16. STATE APPL ID (0:i...et...snow., 17. SCIENCE FIELD 118. PROJECT STEP IC (weer C.onetrusaton Graff= Croy) I 7 .. BARBARA BROOKS, (202) 260-5660 N/A ., NA N/A 1 7.3.7.1TORY AUTHORITY 20. REGULATORY AUTHORITY I 21. STEP 2 - 3 de STEP 3 (rovrr c....men Grans Only) _ AO CFR PART 31 a. inastrnero Lame 1 1 FY 1997 A2PROPRIATIONS ACT h. Phsect Type N/A I 1 C. Trertmefft Ptliceris I -1 . :-.. 104-294 . I a Simsne 742z.c.- 22. PROJECT TITLE AND DESCRIPTION ROUGE RIVRR NATIONAL W ,c7 WE=T-iER DEMONSTRAT7ON ---.• 23. PROJECT LOCATION tarm in.o•cumi b.. P-0«lice vef t P'ace I county stave 1 Goagramonal °Mr= ROUGE RIVER WATERSHED I WAYNE MI i MU LT IF LE 24. ASSISTANCE PROGRAM (CFOA Pregnant No. ir rrUe) . 25. PROJECT PERIOD 25. 3UOGET-PER100 06/01/98 -12/31/0C 06/01/98 - 12/31 /CO 27. COMMUNITY POPULATION I 25. TOTAL BUDGET PERIOD COST 25. TOTAL PROJECT PERIOD COST ("NWT 'Z.'s...trochee Grants Only) N/A 529,090,909 529,090,909 FUNDS FORMER AWARD 1 ' THIS ACTION AMENDED -DIAL I -:....-1 ;71R 7217C 000 1, SI. cefit in-,nC A rne..wt 4 ,... 2:- Unmsenchrat Pnor 7 mr 3atanee J 0 - 'r.....3. Other reoaratFume 3 0 ! 1m. Reentrant GOrrtnbution -, 13.050.90P 1. z.s. Strut Carnnburton :2) 0 ! :A. Local C..artsrttaroon n n ,..i ,...! 17. Other C.aarztbutton 0 0 3.. Alio...ao. P*otabt Coot SC 52P,0P0.909 1 Document Control Number PWX010 FY I oorop. Budget I .Organizationi 98 ": I 0530AK9 Program Element N3X biec:: c:ass; 41.11i EPA Form 5710-7.1.4 5.12). dot:daces Dag-nous adenoma and EPA Foe.... 57,0.1a.3..7.. ana O. ad of nfoch aro O0a004oto. PART il - APPROVED BUDGET ASSISTANCE IDENTIFICATION: X 99574.1-04-0 Page 2 of 5 TABLE A- OBJECT CLASS CATEGORY TOTAL APPROVED ALLOWABLE 040.-.......awoonl 7.: 7 BUDGET PERIOD COST .---- I. PERSONNEL i 6756.308 FRINGE BENEFITS - 1 701.929 .t. TRAVEL 78.100 • 4. EQUIPMENT 68.700 5. SUPPUES 26.200 6. CONTRACTUAL 8.246.703 7. CONSTRUCTION 18.595.000 3. OTHER 70.069 , 9. TOTAL DIRECT CHARGES $28.843.009 10. INDIRECT COSTS: RATE 17.00 % BASE 1.458.237 247,900 11. TOTAL (Share: Recipient 45.00% Federal 55.00 x,) 629.090,909 S15.200,CC0 12.. TOTAL APPROVED ASSISTANCE AMOUNT • TABLE 3- PROGRAM ELEMENT CLASSIFICATION (Non......orwetheno 2- .. .t. - S. S. I 7. i 3. , 9. ..., 12. TOTAL (Share: Recipient % Federal S.) 12. TOTAL APPROVED ASSISTANCE AMOUNT TABLE C - PROGRAM ELEMENT CLASSIFICATION (Construction) • 1. ADMINISTRATION EXPENSE 2. PRELIMINARY EXPENSE Z. '...AND STRUCTURES. RIGHT-OF-WAY 4. ARCHITECTURAL ENGINEERING BASIC FEES . 5. OTHER ARCHITECTURAL ENGINEERING FEES 5. PROJECT INSPECTION FEES 7. LAND DEVELOPMENT 3. RELOCATION EXPENSE 9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESS IC. DEMOLITION AND REMOVAL 12. EQUIPMENT I:. MISCELLANEOUS . 14. TOTAL :Len ...1 /Iry t31 15. ESTIMATED INCOME :I! sctiiic.oicl I S. NET PROJECT AMOUNT (Line 14 minus 151 17. LESS: INELIGIBLE EXCLUSIONS 13. ADO: CONTINGENCIES . TOTAL (Share: Recipient % Federal %.) 2C. TOTAL APPROVED ASSISTANCE AMOUNT .R4 =Ion 5700-20A (Hey 5-32) • Page 3 of 5 ASSISTANCE IDEN-71FICA7ION: X 995713-34-o PART W - AWARD CONDITIONS — TERMS AND CONDITIONS THIS AWARD IS IN RESPONSE TO THE RECIPIENT'S JUNE 3, 1997, APPLICATION. 1. RECYCLED PAPER Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to the Agency. This requirement does not apply to reports which are prepared on forms supplied by EPA. Tnis requirement applies even when the cost of recycled paper is higher than that of virgin paper. 2. SMALL BUSINESS IN RURAL AREAS By accepting this agreement, the recipient agrees to comply with Section 129 d Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988. Therefore, if the recipient awards a contract under this assistance agreement, it will utilize the following affirmative steps relative to Small Business in Rural Areas (SBRAs): a.. Placing SBRAs on solicitation lists; b. Ensuring that SBRAs are solicited whenever they are potential sources; c. Dividing total requirements when economically feasible, into small tasks or quantities to permit rmiximum partidpation by SBRAs; d. Establishing delivery schedules, Where the requirements of work will permit, which would encourage participation by SERAs; " e. Using the services of the Small Business Administration and the Minorty Business Development Agency of the U.S. Department of Commerce, as appropriate; and f. Requiring the contractor, if it awards subcracts, to take the affirmative steps in subparagraphs a. through e. of this condition. 3. FAIR SHARE Tne recipient must ensure to the fullest extent possible that at :east 8% (Equipment), 8% (Supplies) and 20% (Constucticn) of Federal funds for prime contracts or sub—Cintracts for supplies, construction, equipment or services are made available to organizatcrs owned or controlled by socially and economically disadvantaged individuals and historically black colleges and universities, and that at least 4% (Equipment), 4% (Supplies), and 8% (Construction) of such funds are made available to organizations owned or cont -oiled by women. The reCpient agrees, in the even: of any con7acting, to induce in its bid documents a 8% (Equipment), 8% (Supplies) and 20% (Construction) MBE and 4% (E-quipment), 4% (Supplies), .-and 8% (Construction) WEE "Fair Share" and require all of its prime contractors to inciude in their documents for subcontracts 8% (Equipment), 8% (Supplies) and 20% (Construction) MEE and 4% (Equipment), 4% (Supplies), and 8% (Construction) WEE "Fair Share" percentages. The recipient also agrees to comply with the six affirmative steps of :72 "Fair Share" pciicy stated in 40 CFR 30.66(b), 31.36(e) or 35.680(a), as appropriate.. iP2 r,r, 5700-7.•jg 5-.1::1 PART Ut — AWARD CONDMONS ASSISTANCE IDENTIFICATION: X 99574-14A-4 Page 1 of 5 In the event race and/or gender neutral efforts prove to be inadequate to achieve a fair'snare objective for MBEs/WBEs, the recipient agrees to notify EPA in advance of any rice and/or gender conscious action it plans to take to more closely achieve the fair share objective. The State and/or recipient agrees to submit EPA Forni 570G-52A "MBEJWBE Utilization Under Federal Grants, Cooperative Agreements, and other Federal Financial Assistance", to the EPA award official beginning with the Federal fiscal year quarter the recipient awards its firs: contract and continuing until all contracts and subcontracts ;lave been reported. These reports must be submitted to the award official within 30 days of the end of the Federal fiscal quartE.--..r (January 30, April 30, July 30 and October 30). PUBLIC ACCOMMODATION The recipient agrees to ensure that all conference, meeting, conventiorror training space funded in whole or in part with Federal funds, complies with the Hotel and Motel Fire Safety Act of 1990. 5. The recipient agrees that prior to initiating any work associated with Project Groups Three (G3) "Wetlands Restoration Projects" and Four (G4) "Wetlands and Recreation", the recipient shall submit, and receive USEPA approval for, further detailed Work plans for activities associated with these project groups. The recipient agrees that USEPA shall be provided with at least 45 days to review and provide comments on these detailed work plans. The recipient further agrees that it will comply with 'Federal Guidance for the Establishment, Use and Operation of Mitigation Banks" dated August.1995. ASSISTANCE IDENTIFICATION: X 99574304-0 Page 5 of 5 SPECIAL CONDITIONS icom,....wri THE UNITED STATES,OF AMERICA BY THE U.S ENVIRONMENTAL ROTF_CTION AGENCY TYPED NAME AND TITLE- JO LYNN TUB, DIRECTOR WATER DIVISION. R.::-.7ON 3 SIGN F AWA SIGNATURE TYPED NAME AND TITLE / /1W/9474,26 &-r-f-L7 co.?, rmin 5777.-*14 f1:1,; PART IV NOTE: The Agreement must be completed in duplicate and the Original returned to the Grants Administration Division for Headquarters awards and to the appropriate Grants Administration Office for State and local awards within 3 calendar weeks after receipt or within arty extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency. Any change to the Agreement by the recipient subsequent to the document being signed by the EPA Award Official, which the Award Official determines to materially after the Agreement, shall void Me Agreement. OFFER AND ACCEPTANCE The United States of America, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers assistance/amendment to the WAYNE COUNTY - MICHIGAN - RECIPIENT ORGANIZA 1Of costs incurred up to and not exceeding 16.000.000 for the support of approved budget period effort des cribed ASSISTANCE AMOUNT in application (including all application modifications) cited in Item 22 of this Agreement ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION for 55.00 s of all =proved , included herein by reference. DATE AND TITLE ISSUING OFFICE (Grant. Administration Orrica) ORGANIZATION / ADDRESS ACQUISMON-ASSISTANCE BRANCH US EPA. REGION 5, MC-10J 77 W JACKSON BLVD AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS WATER DIVISION US EPA, REGION 5, W-'5J 77 .-44/ JACKSON BLVD This agreement is s6bject to app#able U.S/Environmental Protection Agency statutory provisions and assistance regulations. In accepting this award or amendiient andbty payments made pursuant thereto, (I) the uncersi-gned represents that he is duly authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to me applicable provisions of 40 CFR Chapter I , Subchapter B and of the provisions of this agreement (Parts I thru IV), and -p) that acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been overpaid will be refunded or credited in full to EPA. BY AND ON BEHALF OF THE DES:GNATED RECIPIENT OR3ANIZAT4ON D7 1-4 ASS:STANCE IDENTIFICATION:- X 99574342 TERMS AND CONDITIONS C TERM AND CONDITION NUMBER 9 HAS BEEN ADDED AS FOLLOWS: 9. Y2K COMPLIANCE Your assistance agreement may produce electronic date-sensitive data or systems that use such data. Any information technology purchased, produced, submitted or exchanged under this agreement must be capable of processing data according to EPA's Data Standard for representation of calendar dates (EPA Directive 2100, IRM Policy Manual, Chapter 5, Data Standard). This information is located on the EPA website (http://www.epa.gov/irmpolia/polman/chaptr05.txt.html#calendar). Information technology acquired under this agreement should be consistent with the technical Year 2000 requirements as described in the Federal Acquisition Regulation 39.002. This information is located on the official GSA website (http://www.arnetgovifar/97-05/htrn1/39.html). ALL PREVIOUSLY CITED TERMS AND CONDITIONS REMAIN THE SAME. i 71.1 EPA F 00.2.38 (4.1 1144) • • :- REPLY TO "rtE ATTENTICN CF MC-103 "I • . • o • -* • ..ea'" • • •el (g• 7 .• 0.0 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 7, imA REGION 5 '111111Irri 77 WEST JACKSON ECULEVARO CHICAGO, IL 6604-3590 4( .goit-`4 Ali 1 6 1998 Mr. 3utler Benton. jr. Director of Acirninistration Wayne County Department of Environment 415 Clifford Detroit. MI 43226 Re: WBE/M3E Fair Share Goals Dec: Mr. Benton: This letter will confirm our telephone call of June 15. 1998 regarding the con -.endon c: the services goals of all of Wayne County Deparanent of Environment's proposed fair share for your assistance agreements with the United States Environmental protecton Agency (USEPA). As you may know. under TiSEPA's interim MBEWBE 1.-,clicy, these goals r.-..ay also be used by local government and non-orotit recipients in your state in Lieu of conducdng an independent availability analysis.- On behalf of-Region 5, vie-thank :Lou and your staff for their courtesy and cooperation during this process. For Fi."93, the fair share goals for your a_ssiszance agreement(s) will : SRF Construction 20% MBE 10% 17,7 7 Service 20% MBE 10% WBE Equipment 3% MBE 4% W13 7 Supplies 8% HBE WBE Although I..ISEP.A.'s final MBE/Vv.-3E policy is still under consideration, because of the United Stares Supreme Court holding in Aci2rand v. Pena, it is bossibie CSEPA state grant recipients may be required to perform an annual availability analysis before a grant can be awarded. Similarly, the draft Final MBP/Vv-3E. Guidance recuires all grantees to track their acqu:sition of supplies. services. equipment and construction by dernog.raphic status of the contractor or vendor. We realize that thee requirements may :lace additionai burdens on your resources and we urge you to plan for them in advance. According to i.:SEPA's Office of General Counsel. at least part of the expense of performing an availabili7y analysis would be an allowable expense under LTSEPA's State Revolving Fund and S.ioerfund z-.-.ants. Rec-oclectRecyciacie•?nreec wqr: lecataze ClaaseC Irms ort 50% Fecorce Pacer 2C s1sLrr.erl USEPA's Grants Adminiszation Division and Office of Small and Disadvantaged Business Utilization are directing the revisions to the NIBEWBE policy. It is their intention to promulgate formal MBEiWBE regulations applicable to all USEPA nu. Since they will affect your USEPA grants. we sugg.est that you consider commenting on the proposed regulations during the rule making process. If I can be of any assistance, please do not hesitate to call. My direct dial number is (312) 353-5677. Sincerely, Robert I. ardson - Regional 1VE3F1WBE Coordinator cc: Robert Springer Assistant Reonal Administrator Lynn Donley Associate Regional Counsel THIS LEllhR WAS ALSO SENT TO THE FOLLOWING PERSONS: M. GADE G. HUGHES 5. HAMILTON P. LARSON .T. NOVA.K • • C' George W. Kuhn Oakland County Drain Commissioner January 26, 1999 . wpkwatrshed NcountygOpubliced.wpd LI PUBLIC EDUCATION PLAN OAKLAND COUNTY SUBMITTED BY: GEORGE KUHN, DRAIN COM1vISSI6RER OAKLAND COUNTY, MICHIGAN ONE PUBLIC WORKS DRIVE, BUILDING 95 WEST WATERFORD, Si11 48328-1907 PH: (248) 858-0958 FAX: (248) 858-1066 This pdrhalt application is submitted by the Oakland County Drain Commissioner (OCDC) seeking coverage for all County owned and/of oprated facilities within the Rouge River Watershed. The public education efforts will be carried out by a number of County departments but will be• coordinated through the Drain Commissioners.Office. These departments include but are not limited to: the Department of Facilities Maintenance and Operations (FM&O), the Department of Community and Economic Development (DCED), the Department of Human Services (DHS), and the Parks and Recreation Department (PRD). local municipalities. In such cases Oakland County will take a support role. Other areas are more appropriate at a County level. In this later case, the OCDC will coordinate with both the local majority of the public education effort identified in the permit application is most appropriate to Environmental Quality (MDEQ) and includes the six major sections required in the Permit. A This Public Education Plan follows the format recommended by the Michigan Department of - cities/townships/villages (CTV) and other County departments. The requirements as defined in the permit application are as follows: 1. REQUIRED ELEMENTS a. Encouragement of public reporting of the presence of illicit discharges or improper disposal of materials into applicant's separate storm water drainage 'system. 2 1 b. Education of the Public on the availability, location and requirements of facilities for the disposal or drop-off of household ha7nrdous waste, travel trailer sanitary wastes, chemicals, grass clippings, leaf litter, animal wastes, andmotor vehicle fluids. c. Education of the Public regarding acceptable application and disposal of pesticides and fertilizers. d. _ _Education of the Public concerning preferred cleaning materials and procedures for residential car washing. e. Education of the Public concerning the ultimate discharge point and potential impacts from the separate storm water drainage system serving their place of residence. f. Education of the Public about their responsibility and stewardship in their watershed. Education of the Public concerning management of riparian lands to protect water quality. Throughout the term of the permit it is anticipated that a combination of public information mechanisms will be used to inform the Oakland County residents and businesses of their impact on water quality of the Rouge River. These mechanisms will include community newsletters; cable TV programs/ads; brochures/flyers in public facilities and public facility displays. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 velAwairshedncountygp \,publiced.wpd g. 3 pg To the maximum extent practicable, the Office of the OCDC will address the County responsibilities by promoting and supporting wdsting public involvement programs such as the Rouge Education Project, the Rouge Rescue, the Rouge Friendly Business Program and the Rouge Friendly Neighborhood Program. Activities would include such projects as storm drain stenciling, River Watch and River Stewards. Existing public education efforts and anticipated future efforts for each of the Required Elements are briefly described below. a. Encourage the public to report illicit discharges or improper disposal into storm sewers. Existing Effort: None. Future Effort: As part of this Illicit Discharge Elimination Plan, the OCDC is establishing a centralized complaint system for the reporting, responding and tracking of environmental complaints. The OCDC staff shall work with the CTVs and support them if called upon. Additionally, the OCDC will insure that supported/fl CTV "hot lines" are educated properb:JA strategy for educating the public about illicit discharge impacts on the environment will be developed in order to promote reporting. b. Education of the public on the availability, location and requirements of facilities for the disposal or drop-off of household hazardous waste, travel trailer sanitary wastes, chemicals, grass clippings, leaf litter, animal wastes, and motor vehicle fluids. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wp \waushal cauntygpkpubliced.wpd George W. Kuhn Oakland County Drain Commissioner January 26, 1999 v..pkwiarsimincountygpkpualiccd.wpa 4 Existing Efforts: Waste handling, collection and disposal has been the purview of the local municipalities for many years. The County retains the responsibility for planning and regulating some aspects of the industry. Drainage areas in which waste handling practices cause foreign materials to enter a County drainage network is an area where multiple agencies retain some responsibility. The OCDC will work with municipalities to assure that improper practices are discontinued. In - — addition, the Southeast Oakland County Water Authority (SOCWA) has been active in collecting household ha7nrdous wastes and educating the Oakland County citizens on how to reduce and use these materials. Future Effort: The OCDC will work with the local communities -and SOCWA to develop a— -- coordinated watershed-wide effort. Staff will also work to identify potential information gaps (e.g-. travel trailer sanitary wastes) and investigate opportunities, - — ----- other mechanisms, and information for better promoting the water quality benefits of properly handling and disposing of these materials. Staff will also work with other Oakland County Departments to better coordinate, expand and improve their_ educational efforts in this regard. c. Public education concerning application and disposal of pesticides and fertilizers. Existing Effort: None. Future Effort. The OCDC is aware of both the SOCWA Healthy Lawn and Garden Program, which addresses yard waste reduction and water quality protection, as well as the Friends of the Rouge (FOTR) efforts to curb the use of pesticides and fertilizers. Over the term of the permit and the watershed planning process, the OCDC staff will work with SOCWA and FOTR, as well as others, to identify and implement George W. Kuhn Oakland County Drain Commissioner January 26, 1999 mAwatrshedkountyip%publiced, wpd 5 opportunities, mechanisms and information for educating the public on these issues. The OCDC office will work with the PRD to obtain and distribute fact sheets on fertilizer and pesticide application frornthe MSU Extension Service). enonr A ("1.47". rD SOCWA and UL Program Office (RP O). d. Public education concerning materials and procedures for residential car washing. Existing Effort: None. Future Effort: The OCDC will support local community efforts to modify residential car ,washing practices. e. Public education concerning the ultimate discharge point and potential impacts from storm water pollutants. Existing Effort: _ None. Future Effort: The OCDC and DCED will distribute educational materials utilizing existing information available from the State, the RPO and educational institutions. The OCDC and DCED will also provide responses to requests for drain maintenance services. f. Public education for citizen responsibility and stewardship. Existing Effort: Within Oakland County, 28 schools of eight different municipalities are currently participating in the Rouge Education Project. The FOTR coordinates four Rouge g. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wpkwainheckountygp1publiced.wpd 6 Rescue sites within the County each year. Storm drains have been stenciled in several areas in the County. .Future Effort: Oakland County is presently working With FOTR, Oakland Schools, local communities and the RPO to promote the variety of ongoing public education programs being implemented by these entities. Efforts to coordinate storm drain stenciling, the River Watch Program, and Rouge Rescue sites between communities, school districts, and schools are underway. These efforts will be continued. Public education concerning management of riparian lands to protect water quality. Existing Effort: The DCED has Sponsored several workshop to promote "Smart Development" These programs encourage protection of riparian lands. Future Effort: A public education component will be included in all new drainage improvement projects to inform the residents of Oakland County of the negative impact of some types of development on Water quality. The DCED will continue to promote "Smart Growth" as well as encourage the vision of the Rouge River as a resource worth protecting. 2. STAKEHOLDERS, INDIVIDUALS, AND ORGANIZATIONS CONTACTED IN THE PROCESS OF PREPARING THE PUBLIC EDUCATION PLAN The OCDC continues to facilitate the Rouge River Main 1/2 Subwatershed and , • George W. Kuhn Oakland County Drain Commissioner January 26. 1999 wOwatrthedkautrygOpubliced.wpd 7 participates in the Middle 1 and the Upper Subwatersheds. To date, these groups have focused on the concerns of the municipal and County entities impacted by the storm water management requirements. As these responsibilities have become better defined, an outreach effort has been initiated. ThiS effort has resulted in the participation of the FOTR, the Clinton River Watershed Councils, the SOCWA and the RRAC. Additional participation will be encouraged. • It is anticipated that the Watershed Planning Public Participation process will also be a _ • -forum for involving stakeholders in the development/modification of our community's public education plan. Oakland County is a stakeholder in this group but only a stakeholder. The County must look to the communities for leadership in addressing the neighborhood groups and the block clubs. This is where true public education can be effective. The County will be a full participant in this process. Revisions and input regarding the Public Education Plan are expected and welcome throughout the Watershed Plan development process.- - - - 3. PRIORITY CONCERNS TO BE ADDRESSED IN THE .FIRST YEAR Based an comments received from stakeholders, the County will initially focus its first year of public education efforts on relatively simple concepts such as "Watershed Awareness," "Storm Water Management" and "Our Actions Affect the River" targeted at home and business owners in Oakland County. Although the Rouge River passes through Oakland County, few people see it on a daily basis. Raising awareness about the connection of the Rouge River to our County with upstream and downstream public access areas will be a priority. Educating County staff and fostering cooperation and partnerships with existing organizations, groups and agencies involved in educating the public regarding storm water management will also be a priority in the first year. 8 George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wp waushed\ccunlygpnpubliced.wpci As the Watershed Planning process progresses, it is expected that additional, or more specific, priorities will be identified and the Public Education Plan will be modified accordingly. 4. OBJECTIVES FOR PUBLIC EDUCATION a. guild general awareness of the Rouge River and tributaries, as well as the daily impact of activities on this resource among Oakland County citizens. b. — Improve the public's perception of the Rouge River's existing and future potential as a natural resource, recreational resource and community asset (i.e..foster ;stewardship and enthusiasm for the river). c. Develop and implement public involvement and education programs for the citizens in Oaldand County. This will require the dissemination of informational materials and coordination of activities to build awareness and foster stewardship. d. Realize increases in the number of individuals, schools and other special groups in .0aldand County that participate in existing Rouge River educational efforts (e.g. River Watch, Rouge Education Program, SOCWA Healthy Lawn and Garden Program). 1 George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wOwaushedNcountygOpublicai wpd I 9 5. OTHER ORGANIZATIONS ASSISTING WITH PUBLIC EDUCATION List the organization, the program assistance and the contact person. L ORGANIZATION _ . PROGRAM CONTACT Friends of the Rouge Rouge Educatiosi Project, Rouge Rescue, Tracy Cyr (FOTR) . Rouge Stewards Program Jim Graham Southeast Oakland Household Hazardous Waste Collection/ Lillian Dean County Water Authority Education, Yard Waste Management and Tom Waffen (SOCWA) Healthy Lawn and Garden Program - _ Rouge Program Office Rouge Friendly Business Program Karen Reaume (RPO)" _ E. L. Johnson Nature Stewards of the Land E. L. Johnson Center Nature Center _ Oakland Schools ' "If You Love This Earth" Lamoine Motz Science, Mathamatics & Dave Houzel Technology Center - _ _6. SCHEDULE FOR PUBLIC EDUCATION PLAN WITLEMENTATION - 'YEAR 1 Based on comments received from stakeholders, Oakland County will encourage participation in the following public education activities in this first year. Activity in: Target Audience: Messages: Description: Timetable: Responsibility: Heighten Visibility & Promote School Water/Resource Monitoring. City Council, school officials, and all residents. Although water quality has improved, pollutants remain in the water Presentations to City Councils and School Boards encouraging participation in the Rouge Education Project. Contact teachers currently participating in Rouge Education Project Prior to presentations, press releases to heighten visibility.it_Coordinate presentations with OCDC staff, teachers and students. Ten presentations throughout permit period. Oakland County Environmental Coordinator Timetable: George W. Kuhn Oakland County Drain Commissioner January 26, 1999 vlAwarrAcdkounrygopubiiceci.wo 10 Activity #2: Design Information Display Table ("Our Actions" display) for OCDC Lobby. Target Audience: Contractors, developers and citizens. Messages: Description: Timetable: Our actions affect the Roilge River. The watershed-wide "Our Actions" display addressing development issues will be borrowed/modified from the RPO. A graphic designer will be hired to create posters; or a contest among elementary school classes will be held to create posters. Holders for education flyers/brochures will be provided on the display. Completed during permit period. Oakland County Environmental Coordinator - Activity #3: Target Audience: Messages: Description: Responsibility: Home Owner Association Presentations. Home owner association boards & residents. Messages listed in Activity #1 of this plan, plus: • Stewardship, involvement activities • Detention pond maintenance & responsibilities Slide presentation and fact sheets, based on available- information, will be produced and distributed to all home owner associations __within-cuir corniJ.f Presentations will be available upon request. Information packets will be available within one year of issuance of Certificate of Coverage. Oakland County Environmental Coordinator Activity #4: Target Audience: Storm Drain Stenciling. Residential neighborhoods, commercial districts, schools and youth S. Timetable: Responsibility: George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wpkwatrthesiScountygp Npubliced.wpd 11 Messages: Description: Timetable: Responsibility: Activity #5: Target Audience: Messages: Description: groups. "Dump no waste. Drains to Rouge River." Support FOTR program that actively and systematically stencils storm drains and shares information throughout the residential neighborhoods and- commercial business areas of communities. Coordinate efforts between OCDC, FOTR and Oakland Schools. Immediately. Oakland County Environmental Coordinator Tributary Signage at County Road & River Crossings. Drivers, passengers and citizens. Connection to the river. You are in a Rouge River community. Signs will be placed at roadway/river crossings identifying the Rouge River and its tributaries (e.g. "Creek Tributary of Rouge River"). Additionally, watershed/subwaterslied boundaries will be identified _ (e.g. "Welcome to Rouge River Watershed", or "Entering Franldin Branch Watershed"). 10 signs to. be installed during permit period. Oakland County Environmental Coordinator Activity #6: Target Audience: Messages: Description: Timetable: Responsibility: Co-sponsor Information Outreach Workshops. Community residents. Environmentally-friendly lawn & garden tare. Work with SOC WA, MSU Extension and FOTR. Three workshops will be held throughout the permit period to inform residents about healthy lawn and garden principles and practices. - The permit period. Public information officer. Timetable: Responsibility: Activity #8: Target Audience: Messages: Description: Timetable: Responsibility: - - Activity #9: Target Audience: Messages: • George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wo.ursheoraxulrygo.pogiZsd.vixi 12 Activity #7: Rouge Rescue: A Community Event. Target Audience: Rouge Rescue Volunteers. Messages: Description: Description: Timetable: Rouge River is a community asset. Thank you for your efforts. Improve coordination- & heighten promotion of annual Rouge Rescue. • Celebrate the resource and show appreciation to volunteers • Provide refreshments, etc., for an opportunity to socialize with volunteers • Set up displays and provide educational materials. To be developed. OCDC. Rouge Recreational Guide. Golfers, other recreational users, and residents. Increase visibility of recreation locations and amenities connected to the river and heighten watershed awareness. Purchase and distribute multiple copies of the Rouge Recreational Guide developed by the Public Education Committee of the Rouge RAP Advisory Council. Immediately. Oakland County Environmental Coordinator Distribute "Do Your Downspouts Lead to the Rouge?" Brochure. Communities and citizens. Disconnect downspouts and sump pumps connected to storm/ sanitary sewers. Provide multiple copies of the "Do Your Downs .; o”ts Lead to the Rouge?" Brochure to all Rouge River Watershed communities. Brochure shall then be included in water and sewer bills to residents. The permit period. George W. Kuhn . Oakland County Drain Commissioner January 26,, 1999 . wpkwursheacountygp \publiced.wpd 13 Responsibility: Public Information officer. 7. RELATIONSHIP TO WATERSHED MANAGEMENT PLANNING Based -on initial discussions with fellow subwatershed communities, effective public education regarding storm water management will be a specific goal of the Watershed Management Plan. The Public Education Plan as submitted with the permit application is recognized as simply the beginning and is therefore somewhat vague. With experience gained as Watershed Management progresses, appropriate modifications will be made to the Public Education Plan. 8. PLAN FOR EVALUATING IMPACTS The Public Education Plan will be evaluated based on progress made towards the objectives described above. We are cognizant of the public survey performed by the RPO in 1993. It is anticipated that through the Watershed Planning Public Participation process, we will be able to "rgauge our community's baseline awareness of storm water management and _ perception of the Rouge River. During the Watershed Management Plan development process, the need to evaluate the success or impact of the Public Education Plan will be likely and will be discussed. Oakland County will participate in future surveys and/or studies to evaluate public education plan impacts with fellow subwatershed communities, the Friends of the Rouge, as well as other organizations and agencies involved in storm water management/watershed management educational efforts. Simple' mechanisms for evaluating the impact of the individual Public education activities 'described above will also performed. Tracking the participation of the community schools, community groups, and individuals in *existing Rouge River educational programs will be one method of evaluating impacts. It is anticipated that the evaluation methods and results will be briefly described in the annual permit report. 14 9. DATE FOR ANNUAL PROGRESS REPORT 111 A date will be set upon issuance of the Certificate of Coverage by the Michigan Department of Environmental Quality (MDEQ). For planning purposes, we anticipate that the first Annual Report will be due approximately on the first anniversary of MDEQ's issuance of the Certificate of Coverage to Oakland County. S. George W. Kuhn Oakland County Drain Commissioner January 26, 1999 wowursmcncouarygp‘publiced *pa FISCAL NOTE (M.R. 4t00047) March 9, 2000 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - ON-SITE SEWAGE DISPOSAL MANAGEMENT PROJECTS GRANT; $408,000 GRANT APPLICATION/ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Drain Commissioner has applied to Wayne County for grant funding from the Rouge River National Wet Weather Demonstration Project, Rouge River Storm Water Project Grant. 2. Total project cost is $812,337 of which $408,000 will be reimbursed by the grant award, and $404,337 is County Match, which will be charged to the maintenance funds from the respective County Drains. 3. The FY 2000 Special Revenue budget should be amended, as specified below, to recognize this new grant: Revenues 1-61-111777-35540-0113 Federal Grant Revenue 1-61-111777-35540-0905 Reimbursement General Total Grant Revenue FY 2000 $408,000 $404,337 $812,337 Expenditures 2- 61-2 1177 7-3554 0-2001 2- 61-2 1177 7-3554 0-2 07 4 2- 61-2 1177 7-3554 0-25 60 2- 61-2 1177 7-3554 0-25 60 Salaries Regular - Illicit Insp. $126,000 Fringe Benefits - Illicit Insp. $ 84,000 Consulting Expense Illicit Insp. $210,000 Consulting Expense Public Education $392,337 Total Grant Expenditures $812,337 Net of Revenues & Expenditures P±D FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Palmer absent. Resolution #00047 March 9, 2000 Moved by Palmer supported by McCulloch the resolution be adopted. AYES: Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas, Galloway. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 9, 2000 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and iaffixed the seal of the County of Oakland at Pontiac, Michigan this 9thaay gi March, 2Q G. William Caddell, County Clerk