Title: EPC Interlocal Agreement (EPC Interlocal Draft 4 Implementing Comments of de la Parte dated 3/29/88)
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00003989/00001
 Material Information
Title: EPC Interlocal Agreement (EPC Interlocal Draft 4 Implementing Comments of de la Parte dated 3/29/88)
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - EPC Interlocal Agreement (EPC Interlocal Draft 4 Implementing Comments of de la Parte dated 3/29/88)
General Note: Box 16, Folder 8 ( WCRWSA - 1998-1999 ), Item 3
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003989
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

From: FOTOPULOS To: DON CONN


EPC Interlocal Draft 4
implementing comments of de la Parte
3/29/98
1 EPC INTERLOCAL AGREEMENT

2 THIS EPC INTERLOCAL AGREEMENT is made and entered into as of April 1, 1998, by and
3 among the West Coast Regional Water Supply Authority (the "Authority"); the Member Governments,
4 including HILLSBOROUGH COUNTY, Florida, a political subdivision of the State of Florida
5 ("Hillsborough") acting by and through its Board of County Commissioners; PASCO COUNTY, Florida, a
6 political subdivision of the State of Florida ("Pasco") acting by and through its Board of County
7 Commissioners; PINELLAS COUNTY, Florida, a political subdivision of the State of Florida ("Pinellas")
S acting by and through its Board of County Commissioners; the CITY OF ST. PETERSBURG, a municipal
9 corporation of the State of Florida ("St. Petersburg"), acting by and through its Mayor and City Council; the
10 CITY OF TAMPA, a municipal corporation of the State of Florida ("Tampa"), acting by and through its
11 Mayor and City Council; the CITY OF NEW PORT RICHEY, a municipal corporation of the State of
12 Florida ("New Port Richey"), acting by and through its Mayor and City Council; and the Hillsborough
13 County ENVIRONMENTAL PROTECTION COMMISSION, a governmental agency created by special act
14 of the Florida Legislature ("EPC"), collectively referred to as ("Parties").
15 WITNESSETH:
16 WHEREAS, the Authority was created pursuant to an Interlocal Agreement among Hillsborough
17 County, Pasco County, Pinellas County, the City of St. Petersburg, and the City of Tampa dated October 24,
iS 1974, for the purpose of developing, recovering, storing and supplying water for county and municipal
19 purposes in such a manner as will give priority to reducing adverse environmental effects of excessive or
20 improper withdrawals of water from concentrated areas; and
21 WHEREAS, the Authority is being reorganized pursuant to an Amended and Restated Interlocal
22 Agreement (the "Authority's Interlocal Agreement") among Hillsborough County, Pasco County, Pinellas
23 County, the City of St. Petersburg, the City of Tampa, and the City of New Port Richey (the "Member
24 Governments") to eliminate rate differentials, varying entitlements and other divergent interests, thus more
25 effectively enabling the Authority to accomplish its goals and purposes; and
26 WHEREAS, a primary purpose of the Authority's Interlocal Agreement is to provide alternative
27 dispute resolution procedures for all permits, licenses, or other third-party approvals required to meet the
28 Member Governments' water needs (the "Environmental Permits") to minimize and streamline litigation and
29 administrative proceedings related to the Authority, thus reducing the cost of supplying water to the Member
30 Governments; and
31 WHEREAS, EPC has, in addition to Chapter 120 rights granted all citizens and persons in the
32 State, regulatory authority over activities that may cause air or water pollution in Hillsborough County
33 pursuant to its special act and rules adopted thereby, the Hillsborough County Charter, Chapter 403 Florida
34 Statutes, and by delegation from the Florida Department of Environmental Protection (DEP), and


Page20of 7


Date: 3130M T ime: 07:Z9:59





From: FOTOPULOS To: DON CONN


EPC Interlocal Draft 4
implementing comments of de la Parte
3/29/98
1 WHEREAS, the Member Governments recognize that EPC has no counterpart among the other
2 Member Governments and have requested that EPC participate in the alternative dispute resolution
3 procedures established pursuant to the Authority's Interlocal Agreement; and
4 WHEREAS, EPC recognizes the value of the alternative dispute resolution procedures established
5 pursuant to the Authority's Interlocal Agreement and has determined that it can effectively accomplish its
6 statutory responsibilities through the alternative dispute resolution procedures, as set forth herein; and
7 WHEREAS, EPC recognizes that reductions in wellfield pumping which will result from the
8 Authority's Interlocal Agreement will improve the environmental conditions affected by the existing
9 consumptive use permits; and
10 WHEREAS, the Authority's Interlocal Agreement specifically authorizes and directs the Authority
11 to enter into this Interlocal Agreement ("EPC Interlocal Agreement") for the purposes set forth herein;
12 NOW THEREFORE, in consideration of the premises set forth above, the mutual covenants,
13 obligations, duties and benefits herein set forth, and other valuable consideration, the receipt and sufficiency
14 of which are hereby conclusively acknowledged, the parties hereto agree as follows:
15 SECTION 1. AUTHORITY'S INTERLOCAL AGREEMENT. EPC acknowledges
16 receipt of the Authority's Interlocal Agreement. All capitalized terms not otherwise defined herein shall
17 have the meaning set forth in the Authority's Interlocal Agreement.
IS SECTION 2. ISSUANCE OF ENVIRONMENTAL PERMITS. In the interest of
19 avoiding duplicative processes, the Parties agree:
20 (1) With respect to the issuance, modification or renewal of all Primary Environmental Permits
21 applied for or issued to the Authority For all eonsu .p-'tiv u p rmits modifications or rnewals, and a
22 related environmental roasuroe p rmits or National Pollutant Dis.harge Elimination System riPDES)
23 permits for the use or withdrawal of water that are issued o the Authoriy for activities and projects in
24 Hillsborough County, EPC and the Authority agree to the following procedures:
25 (a) The Authority shall provide EPC with written notice and a brief description of each
26 anticipated permit application, modification or renewal for projects or activities under this
27 provision within Hillsborough County at least 90 days prior to presentation to the Authority's
28 Board of Directors for approval; and
29 (b) The Authority shall provide EPC with reasonable notice of all pre-application meetings
30 between the Authority and the permitting agency regarding said permits, so that EPC might attend,
31 be informed and participate; and
32 (c) The Authority shall provide EPC, upon request, with copies of all public records relating
33 to Authority projects and applications, provided that EPC reimburse the Authority for its costs
34 pursuant to Section 119.07, Florida Statutes; and
35 (d) The Authority shall provide EPC with reasonable notice of the meeting at which the
36 Authority's Board of Directors is to consider approving the filing of said permit application; and


Date: 31=98 raw: 07MA 5~


Page 3of 7





From: FOTOPULOS To: DON CONN


EPC Interlocal Draft 4
implementing comments of de la Parte
3/29/98
1 (e) The Authority shall deliver to EPC by certified mail or hand delivery within 5 business
2 days of the Board's approval, a complete copy of the application as approved, all permit
3 conditions proposed by the Authority, and all supporting documents; provided that EPC reimburses
4 the thrifty fr the cost of production pursuant to Section 119.07, Florida Statutes; and
5 (f) EPC shall, if applicable, provide the Authority with any request to arbitrate the quantity of
6 withdrawal and/or the appropriate conditions under the applicable rules of the application for the
7 proposed project or activity within 30 days of the Authority Board's approval of the application;
S and
9 (g) EPC may continue, consistent with any arbitration decision resulting from the above
10 procedures, to process and assist state and federal agencies in the review of such permit
11 applications.
12 (2) For all other Primary or Non-Primary Environmental Permits applied for or issued to the Authority
13 necessaiy or convenient to the Authority for acti.vties and projects in Hillsborough rCouty, including those
14 which EPC issues pursuant to delegation or pursuant to the authority of its enabling legislation (Chapter 84-
15 446, Laws of Florida, as amended or recodified), EPC and the Authority agree that the normal permit
16 review process shall apply.
17 SECTION 3. ARBITRATION. (1) EPC shall waive its rights pursuant to
IS Chapter 120. Florida Statues, concerning the issuance, modification or renewal of Primary Environmental
19 Permits applied for or issued to the Authority pursuant to Section 2(1). in favor of the arbitration rights
20 herein.
21 (2) EPC shall be entitled to arbitrate Primary Environmental Permits subject to Section 2(1) for
22 projects, facilities or activities located in Hillsborough County pursuant to the procedures of Section 3.13
23 of the Authority's Interlocal Agreement. (1) EPC agrees that its sole method of challenging consumptive
24 use permits, modificatinrs or renewals, and any related environmental resource pernnits and NPDES
25 permits for activities or projects in Hillsborough County subject to Section 2 herein, shall be as provided
26 heroin through the binding arbitration proes: set forth in Section 3.13 of the A.uthority's ILtmrlocal
27 Agreement, and EPC hereby waives its right to challenge any such permit decision pursuant to Chapter
28 120, Florida Statutes. Bth EPC and the Aw.e.rity age that they shall be bound by the specific. findings
29 of fact and conclusions of law of the arbitrators resulting from any arbitration of permits subject to Section
30 2(1) h in for pu ses f all her petting atins. It is understood and agreed that if Hillsborough
31 qualifies as a Host Member Government, either Hillsborough, EPC or both may exercise the arbitration
32 rights available to Host Member Governments. If Hillsborough and EPC both elect to challenge issuance
33 of the same Primary Environmental Permit-application, they shall be treated as a single Host Member
34 Government for the purpose of selecting arbitrators.
35 (3) In addition to the arbitration procedures included in the Authority's Interlocal Agreement, the
36 arbitration process will ensure:


Oat*: VUY"S Time: 07-42-31


Page 4 of 7






From: FOTOPULOS To: DON CONN Date: 3130/98 Time: 07:43:45 Page 5 o7


EPC Interlocal Draft 4
implementing comments of de la Parte
3/29/9S
1 (a) EPC and the Authority shall each have the right to request that the arbitrators retain
2 experts to assist them in reaching a decision; and
3 (b) EPC shall have the right to prop.se in the arbitration pr. editionn, that will
4 become binding upen the Authority if adopted by the arbitrators; and
5 (e)--The arbitrators shall apply the all federal, stte and local laws and rules applicable to the
6 projects or activities being reviewed--and
7 (d) The Authority and EPC shall be bound by the decision of the arbitrators regarding said
S permit applications and any conditions detenrnind by the arbitrators to be appropriate
9 (4) Both EPC and the Authority shall be bound by the specific fmdings of fact and conclusions of law
10 of the arbitrators regarding the permit arbitrated pursuant to this section, and any related Environmental
11 Permit.
12 (5) Hillsborough County agrees to ensure that EPC has the necessary funding in its budget to cover
13 the costs of arbitration under this agreement.
14 (L6k2) In the event that EPC exercises any of its powers, duties or responsibilities in a manner which
15 opposes or challenges Authority projects or activities, or applications therefore, located outside of
16 Hillsborough County, the Authority and all Member Governments may exercise any and all legal rights to
17 support, oppose or challenge such projects or activities, or applications therefore, which they would
18 otherwise have, notwithstanding the provisions of Section 3.12 of the Authority's Interlocal Agreement.
19 SECTION 4. ENFORCEMENT OF ENVIRONMENTAL PERMITS. (1) Except
20 as set forth in Section 5. EPC shall waive its rights pursuant to Chapter 120. Florida Statutes, concerning the
21 enforcement of the terms and conditions of a Primary Environmental Permit subject to Section 2(1). in favor
22 of the alternative dispute resolution provisions of Section 6.06 of the Authority's Interlocal Agreement. This
23 waiver of remedies does not affect any permit other than those subject to Section 2(1) herein. EPG-agrees
24 that its sol@ method of ornfrcing the teonm and condition of a onsumptive use permit : or related
25 environmental resource permit or NTDES permit issued to the Authority purauant to Section 2(1) herein,
26 shall bo as sct forth in this Seotion 4. The io, shasu ll bo addr.ased through tho dispute resolution proe..a
27 available to Member Gove'rnments under Section 6.06 of the Authority's Interlcoal Agreement.
28 (2) If enforcement of a permit condition the issue remains unresolved within 60 days of a mediator's
29 appointment under Section 6.06. either party may initiate litigation or, where applicable, a proceeding under
30 Section 403.412(2), Florida Statutes, within 30 days of the notice terminating the settlement discussions.
31 Failure by the party initiating the dispute resolution procedure to commence enforcement or, where
32 applicable, a proceeding under Section 403.412(2) within the 30 day period shall be deemed to constitute
33 an acceptance or waiver of the interpretation or performance of the other party. Acceptance or waiver under
34 this provision of one instance of interpretation or performance does not alone constitute a waiver or
35 acceptance of all similar instances of interpretation or performance. With the e-xeption of emergency o.
36 injunetive rCliCf specified in Seetion 5. and as othcrwias provided in this Siction I, EPC horoby waivoa its
36 ; :.. :.. .la ...2.4 _C ^:^-. -- ^K...:.. .. ,.a "- k e .. ^- =", a ..".. -
25 ~ .l. .l/+'- .- l ..VI VI. I~- ~~l' l"l+O ..l .l





From: FOTOPULOS To: DON CONN


EPC Interlocal Draft 4
implementing comments of de la Parte
3/29/98
1 rights to any administrative or judicial rCemedies r other actions to enforce the toms and condition of a
2 pennit issued to the Au.thrity pursuant to Secti:n 2(1).
3 SECTION 5. EMERGENCY INJUNCTIVE RELIEF AS APPLICABLE TO
4 ENFORCEMENT OF ENVIRONMENTAL PERMITS. EPC is a governmental entity created to
5 protect the public health, safety and welfare of the citizens of Hillsborough County and to prevent pollution
6 of the environment as defined by the Florida Legislature. For this reason, the parties agree that EPC shall
7 continue to have the power to seek emergency injunctive relief on behalf of its citizens in instances where
S activities of the Authority, including those pursuant to a permit subject to Section 2(1) of this EPC Interlocal
9 Agreement, can be shown to threaten imminent harm to the public health, safety or welfare or irreparable
10 harm to the environment, provided however, this emergency power shall not apply to impacts resulting from
11 permitted pumpage levels. Before exercising this authority EPC shall first attempt to obtain immediate
12 compliance by contacting the Authority's General Manager. In any case where the Authority does not
13 immediately comply, or at a minimum maintain the status quo until appropriate dispute resolution can
14 resolve the issue, EPC may exercise its full authority under its special act and the laws of Florida.
15 SECTION 6. EPC INTERLOCAL AGREEMENT PROVISIONS. The parties
16 acknowledge that this EPC Interlocal Agreement constitutes an "interlocal agreement" within the meaning
17 of the Florida Interlocal Cooperation Act of 1969. This EPC Interlocal Agreement shall be filed for record
1S with the Clerk of the Circuit Court in Hillsborough County, Pasco County and Pinellas County.
19 SECTION 7. TERM OF AGREEMENT. (1) This term of this EPC Interlocal
20 Agreement shall begin on Full Implementation Day upon satisfaction of the conditions set forth in Sections
21 6.03(A) and (D) of the Reorganization Agreement Authority's Interlocal Agreement, and end upon
22 termination of the Reo rga..izati: Agreement Authority's Interlocal Agreement.
23 (2) Permit applications pending before the appropriate regulatory agency when the term of this EPC
24 Interlocal Agreement commences that would otherwise be governed by this EPC Interlocal Agreement are
25 listed in Attachment "1". The Authority agrees to provide EPC with information similar to that required in
26 Section 2(1) pertinent to such pending permits as soon as it is available, along with copies of the completed
27 applications as filed when available, so that EPC can become familiar with the extent of the projects and
28 regulatory issues as soon as is practicable. EPC shall pay costs for production of these public r. crds
29 -pursant to Section 119.07, Flrida Statutes. EPC agrees that any challenge or objection to permits listed in
30 Attachment "1" brought by EPC shall be solely through the dispute resolution procedure set forth in Section
31 3 of this EPC Interlocal Agreement and shall be initiated within thirty (30) days of the effective date of this
32 Agreement. EPC shall dismiss or otherwise withdraw from any other proceeding pending on the effective
33 date this EPC Interlocal Agreement which challenges or objects to the issuance of said permit. If the
34 arbitrators' decision is issued prior to the date on which the regulatory agency issues said permit, the
35 Authority shall amend or withdraw its permit application to conform with the arbitrators' decision. In the
36 alternative, if the regulatory agency issues said permit prior to the date on which the arbitrators' decision is
5


Date: 3130128 Time: 07:45:02


Page 6 of 7






From: FOTOPULOS To: DON CONN


EPC Interlocal Draft 4
implementing comments of de la Parte
3/29/98
1 issued, the Authority shall file and diligently prepare and file an application to modify said permit
2 application-to conform with the arbitrators' decision, but in such event the EPC shall not be entitled to
3 initiate additional dispute resolution procedures with respect to the Authority's application to modify said
4 permit.
5 SECTION 8. ENTIRE AGREEMENT. This EPC Interlocal Agreement constitutes
6 the entire agreement among the parties pertaining to the subject matter hereof, and supersedes all prior and
7 contemporaneous agreements, understanding, negotiations and discussions of the parties, whether oral or
S written, and there are no warranties, representations or other agreements between the parties in connection
9 with the subject matter hereof, except as specifically set forth herein.
10 SECTION 9. AMENDMENTS AND WAIVERS. No amendment, supplement,
11 modification or waiver of this EPC Interlocal Agreement shall be binding unless executed in writing by all
12 Parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a
13 waiver of any other provision of this EPC Interlocal Agreement, whether or not similar, unless otherwise
14 expressly provided. Each such amendment, supplement, modification or waiver of this Agreement shall be
15 filed with the Clerk of the Circuit Court in Hillsborough County, Pasco County and Pinellas County.
16 SECTION 10. BINDING EFFECT. This EPC Interlocal Agreement shall be binding
17 upon the Parties, their respective successors and assigns and shall inure to the benefit of the Parties, their
18 respective successors and assigns.
19 SECTION 11. SEVERABILITY. In the event any material provision of this Agreement
20 shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall invalidate
21 and render unenforceable any other provision hereof until the Parties are able to reevaluate and either amend
22 this EPC Interlocal Agreement or confirm in writing that no amendment is necessary. Provisions that assure
23 EPC's full and fair participation in the evaluation of permitting issues affecting the citizens of Hillsborough
24 County are material.
25 SECTION 12. EXECUTION IN COUNTERPARTS. This EPC Interlocal Agreement
26 may be simultaneously executed in several counterparts, each of which shall be an original and all of which
27 shall constitute but one and the same instrument.
28 SECTION 13. APPLICABLE LAW. This EPC Interlocal Agreement shall be governed
29 by and construed in accordance with the laws of the State of Florida. The venue for any action to enforce
30 the provisions of under this Agreement shall be in Hillsborough County.









6


Darte: 3/30/98 Time: 07:46:24


Page 7 of 7




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs