Chris Cappiello

Assistant Public Works Director

Julie Leonard

Public Works Director

Interlocal Agreement with Broward County for NPDES MS4 Permit Program

Issue Statement:  The United States Environmental Protection Agency (EPA), pursuant to the Federal Water Pollution Control Act (“Clean Water Act”) and related regulations, requires Broward County and participating municipalities to comply with the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Program. The Florida Department of Environmental Protection (FDEP) administers the NPDES permitting program within the State of Florida through Chapter 62-624, Florida Administrative Code. 

Broward County serves as the lead permittee and participating municipalities serve as co-permittees under the regional MS4 permit structure. Broward County coordinates and conducts technical activities required under the NPDES MS4 Permit and manages regional compliance activities on behalf of participating municipalities.

The Parties previously executed Interlocal Agreements dating back to 1996 to carry out tasks required under successive NPDES MS4 permits. The current agreement, executed November 7, 2017, will terminate upon issuance of the next iteration of the NPDES MS4 Permit by FDEP (see attached).

The proposed Interlocal Agreement continues the cooperative partnership among Broward County and participating municipalities for sharing resource burdens associated with compliance under the regional NPDES MS4 Permit program and authorizes Broward County to continue coordinating co-permittees and conducting technical services necessary to satisfy permit obligations.

Recommended Action:

Adopt a resolution approving the Interlocal Agreement with Broward County and participating municipalities for the continued coordination, cost sharing, and implementation of technical activities required under the NPDES MS4 Permit Program.

The City of Oakland Park participates in the countywide MS4 program coordinated by Broward County to ensure compliance with federal and state stormwater quality regulations. Through this cooperative effort, Broward County coordinates regional monitoring, reporting, data collection, and other technical activities required under the NPDES MS4 Permit.

Participation in the regional program allows municipalities to share technical expertise, reduce duplication of services, and achieve cost efficiencies associated with permit compliance requirements. Broward County will continue serving as the coordinating agency for participating municipalities under the proposed Interlocal Agreement.

See attached Broward County Interlocal Agreement - NPDES MS4.  Due to the size of the file, a complete copy of this agreement is available in the City Clerk's Office.

Costs associated with participation in the regional NPDES MS4 program are allocated annually among Broward County and participating municipalities in accordance with the Interlocal Agreement (Exhibit B). Funding for the City’s annual share of the program costs is included in the adopted Stormwater Fund budget.

Participation in the regional program provides operational and cost efficiencies by allowing municipalities to collectively perform permit-required technical activities and regulatory compliance efforts.  The table below provides the annual cost to the City.  Payments are due November 30th each year.  

City Commission adopt a resolution approving the Interlocal Agreement with Broward County and participating municipalities for the continued coordination, cost sharing, and implementation of technical activities required under the NPDES MS4 Permit Program.