Reso 2022-3347 - Laserfiche WebLink

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of pollutant discharges emanating from the separate storm sewer system of one CO -PERMITTEE to the separate storm sewer system of another CO -PERMITTEE. 5. Notification When pollutant discharges to a shared separate storm sewer system are discovered, the CO -PERMITTEES, or COUNTY, or any of the foregoing, as applicable, which are the source of the discharge(s) agree to report said discharges to the other affected parties sharing the particular MS4. The COUNTY shall assist, as needed, in any investigation and identification of a source of the discharge. If the COUNTY discovers a discharge in the separate storm sewer system of a CO -PERMITTEE or the COUNTY, the COUNTY will investigate the source of the discharge and report its findings to the affected NPDES CO -PERMITTEES. When an investigation specifically identifies a NPDES CO - PERMITTEE as the source of a pollutant discharge, then that CO -PERMITTEE shall be responsible for ceasing the discharge and remediating the effects of the discharge by restoring the affected MS4 in accordance with applicable standards. 6. Dispute Resolution When the parties sharing a MS4 cannot agree on the source of a discharge to their shared MS4, the State of Florida Department of Environmental Protection, Bureau of Watershed Management, shall be the final arbiter in determining jurisdiction and responsibility for cessation of discharge, remediation, and final resolution. 7. Termination Each party may terminate that particular party's participation in this Agreement without cause by providing sixty (60) days prior written notice of termination to the other parties to this Agreement. CO -PERMITTEES shall be entitled to reimbursement of monies paid to the COUNTY only in the event of termination without cause by the COUNTY, and the CO -PERMITTEE shall then be entitled to such reimbursement only to the extent that services providing information useful to the NPDES MS4 Permit have not been rendered by the COUNTY. Upon termination by any party, the NPDES MS4 Operating Permit status of that party shall be the sole responsibility of that party. In the event of termination by a CO -PERMITTEE, that CO -PERMITTEE shall owe the COUNTY for all services rendered or performed by the COUNTY, including those which had not yet been invoiced or billed to the CO -PERMITTEE. Upon receiving invoice from the COUNTY for such services, the CO -PERMITTEE shall promptly pay the COUNTY in full, no later than thirty (30) days from receipt of invoice. 8. Entire Agreement; Prior Agreements Superseded; Amendment to Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by the parties hereto or their representatives. Headings Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 10. Notices and Approval Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties listed in Section I of this Agreement.