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entities that own or operate a MS4.. It requires them to apply and obtain an NPDES permit for <br />stormwater discharges. The Town of Hillsborough is covered by Phase II, <br />Permittees (i.e. Town of Hillsborough) are required at a minimum to develop, implement, and <br />enforce a stormwater program designed to reduce the discharge of pollutants from the MS4 to <br />the maximum extent practicable, The stormwater management program must include these six <br />minimum control measures which are to be implemented in phases over afive-year period: <br />1. public education and outreach on stormwater impacts; <br />2, public involvement/participation; <br />3, illicit discharge detection and elimination; <br />4, construction site stormwater runoff control (Erosion Control); <br />5. past-construction stormwater management far new development and redevelopment; <br />6, pollution prevention/good housekeeping for municipal operations, <br />Status: In order to meet its Phase II obligations, the Town of Hillsborough considered creation <br />of a full-time position. However, discussions with the County indicated that it could be cost- <br />effective for both parties to enter into a contract detailing the provision of Phase II services by <br />the Erosion Control Division of the County's Planning and Inspections Department. The <br />Erosion Control Division presently has the staff and knowledge to implement this stormwater <br />program, <br />The attached Memorandum of Agreement (MOA) was executed on June 7, 2005, This <br />Memorandum of Agreement indicates the willingness of the Town and County to work <br />cooperatively and provides the basis for the attached Interlocal Agreement, This Interlocal <br />Agreement has recently been drafted by Town and County staff based on the final version of <br />the Town's Phase II permit, which became effective on October 1, 2005, <br />Execution of this Interlocal Agreement will provide the framework for the implementation of the <br />aforementioned contractual services. <br />FINANCIAL IMPACT: The Erosion Control Division is presently partially funded through user <br />fees paid by developers requiring land-disturbing permits. The additional duties required to <br />implement Hillsborough's NPDES program will be funded through payment to the County by the <br />Town of Hillsborough as outlined in the Interlocal Agreement in Schedule A. For example, <br />$37,000 in the first partial year through September 30, 2006. The Interlocal Agreement would, <br />through a cost allocation program and special fund (possible escrow account or enterprise type <br />fund), reimburse the Erosion Control Division of the Planning and Inspections Department for <br />human resources, operating and capital expenses associated with the program's <br />implementation, thereby reducing the County's general fund expenditures. <br />The prescribed funding should be sufficient to both offset the additional staff time and cover <br />equipment casts needed by the County tc implement the program, Hillsborough's financial <br />contributions will allow for some of each year's fimding to accumulate with the intent by Year 4 <br />of the program (FY 08-09) to augment and adjust staffing levels as necessary, Future years of <br />the contract will continue to cover all program cost implementation as outlined in Schedule A of <br />the Interlocal agreement. <br />RECOMMENDATION(S): The Manager recommends that the Board review, discuss, direct <br />questions to staff, and consider approval of this Interlocal Agreement, <br />