2010-162 Planning - Hillsborough Stormwater Program Management & Erosion Control Services

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WHEREAS it is in the best interest of the citizens of the Town and County to promote a sustainable community that provides for the monitoring of soil erosion, sedimentation control and protection of water quality; and WHEREAS approval of this Interlocal Agreement can help promote a sustainable community; NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE FULFILLMENT OF THE TERMS OF THIS INTERLOCAL AGREEMENT, THE COUNTY AND TOWN AGREE AS FOLLOWS: ARTICLE 1-SCOPE OF SERVICES 1.1 The Town shall be responsible for protecting the quality of storm water runoff and surface waters in the Town to the extent required by the Clean Water Act and associated regulations promulgated by the United States Environmental Protection Agency and/or the State of North Carolina, and other laws and regulations that may apply to the Town. However, on behalf of the Town, the County will fulfill during the term of this Interlocal Agreement, and any subsequent renewal thereof, the selected services related to the Town's Permit that are identified in the annual Workplan set forth in section A2 of the attached Schedule A (hereafter the "Annual Workplan) as the "County's Ministerial Responsibility" for the first and any such subsequent renewal term (hereafter the "Services"), provided the Town fulfills the terms of this Interlocal Agreement and each Interlocal Responsibility identified in the Annual Workplan as the "Town's Responsibility" for the first and any such subsequent renewal term of this Interlocal Agreement. 1.2 The County shall during the term of this Interlocal Agreement and any subsequent renewal thereof, enforce the Erosion and Sedimentation Control Ordinance as it is currently enacted and as it may be amended or reenacted from time to time, and perform such other services in connection with the enforcement of the ordinance (hereafter the "Services") described in Schedule B. 1.3 Town hereby grants County the right to go upon and otherwise access Town property, including any drainage easements, and the rights-of--way of streets within the Town which have been accepted for dedication by the Town, for purposes of carrying out the Services. County shall not be required to provide Services on private property, unless the Town provides the County with legal right of access to the same. 1.4 County through its employees shall be responsible for the performance of the Services, including the staff of the Erosion Control Division of the County's Planning and Inspections Department, or any successor division or department as may be designated by the County Manager.