|
7
<br /> INTERLOCAL AGREEMENT BETWEEN THE CITIES OF ANACORTES,
<br /> AUBURN, BELLEVUE, BELLINGHAM, BOTHELL, BREMERTON, BUCKLEY,
<br /> BURIEN, BURLINGTON, CAMAS, DES MOINES, ELLENSBURG, EVERETT,
<br /> FEDERAL WAY, FIRCREST, KENNEWICK, KENT, LONGVIEW,
<br /> MARYSVILLE, MOUNT VERNON, NORMANDY PARK, ORTING, PORT
<br /> ANGELES, PULLMAN, PUYALLUP, RENTON, RICHLAND, SAMMAMISH,
<br /> SEATAC, SUMNER, UNIVERSITY PLACE AND VANCOUVER AND KITSAP
<br /> COUNTY REGARDING LEGAL SERVICES
<br /> THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the
<br /> Cities of Anacortes, Auburn, Bellevue, Bellingham, Bothell, Bremerton, Buckley,
<br /> Burien, Burlington, Camas, Des Moines, Ellensburg, Everett, Federal Way, Fircrest,
<br /> Kennewick, Kent, Longview, Marysville, Mount Vernon, Normandy Park, Orting, Port
<br /> Angeles, Pullman, Puyallup, Renton, Richland, Sammamish, SeaTac, Sumner,
<br /> University Place, Vancouver, and Kitsap County and any other Phase II Permittees
<br /> that might join this Coalition of Governmental Entities (collectively, "Coalition").
<br /> RECITALS
<br /> 1. The members of the Coalition are public agencies as defined by Ch. 39.34
<br /> of the Revised Code of Washington, and may enter into interlocal agreements on the
<br /> basis of mutual advantage to provide services and facilities in the manner and
<br /> pursuant to forms of governmental organization that will accord best with geographic,
<br /> economic, population, and other factors influencing the needs and development of
<br /> local communities.
<br /> 2. The Phase II National Pollutant Discharge Elimination System (NPDES)
<br /> Permit is required under provisions of the Federal Clean Water Act and requires
<br /> members of the Coalition in Washington to develop and maintain storm water
<br /> programs. The Department of Ecology(DOE) has adopted standards(DOE
<br /> Standards) purportedly under the NPDES Permit authority that may impose costly
<br /> burdens on landowners, including members of the Coalition and may also cause
<br /> costly legal challenges to members of the Coalition as a result of enforcing DOE
<br /> Standards.
<br /> 3. The potential impact of the DOE Standards on members of the Coalition
<br /> and property owners is so significant and far-reaching, members of the Coalition are
<br /> joining together to explore all legal and other avenues available to challenge the DOE
<br /> Standards including but not limited to filing an appeal with the Pollution Control
<br /> Hearings Board. The appeal deadline is February 16, 2007, the effective date of the
<br /> DOE Standards. Members of the Coalition wish to retain outside counsel (Counsel)
<br /> 33
<br /> NPDES INTERLOCAL AGREEMENT
<br /> Page 1 of 15
<br />
|