1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 1
STORMWATER PERMIT IMPLEMENTATION AGREEMENT 2
SANTA ANA REGION 3
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This AGREEMENT entered into as of this October 20, 2026 by San Bernardino County, (herein 6 called the COUNTY), the San Bernardino County Flood Control District (herein called the 7 DISTRICT), and the C ities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand 8 Terrace, Highland, Loma Linda, Montclair, Ontario, Ra ncho Cucamonga, Redlands, Rialto, San 9 Bernardino, Upland, and Yucaipa (herein called the CITIES) establishes the responsibilities of 10 each party with respect to compliance with National Po llutant Discharge E limination System 11 (NPDES) Stormwater regulations administered by the California Regional Water Quality Control 12 Board, Santa Ana Region (SARWQCB) by the authority granted by the federal Clean Water Act 13 (CWA) and its 1987 amendments and the Water Quality Act (WQA). 14 15 RECITALS 16
17 WHEREAS, Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 18 U.S.C.A. 1342 (p)) to require the federal Environmental Protection Agency (EPA) to promulgate 19 regulations for applications for permits for stormwater discharges; and 20 21 WHEREAS, these permit regulations require the control of pollutants from stormwater 22 discharges by requiring a National Pollutant D ischarge Elimination System (NPDES) Permit for 23 the discharge of stormwaters into waters of the United States; and 24 25 WHEREAS, these EPA regulations require NPDES permits for discharges fro m municipal 26 separate storm sewer systems (MS4 Permit) on a system-wide or jurisdiction-wide basis; and 27 28 WHEREAS, the State Legislature, in enacting the San Bernardino County Flood Control Act, 29 created the San Bernardino County Flood Control District to provide for the control of flood and 30 storm waters; and 31
32 WHEREAS, the Powers granted to the DISTRICT by the San Bernardino County Flood 33 Control Act include carrying on technical and other investigations, examinations, or tests of all 34 kinds, making measurements, collecting data, and making a nalyses, studies, and inspecti ons 35 pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, 36 waste, and contamination of water both within and without the DISTRICT; and 37 38 WHEREAS, the CITIES, the COUNTY, and the DISTRICT desire to develop and implement 39 an integrated stormwater discharge management program with the objective of improving water 40 quality in the Santa Ana Watershed portion of San Bernardino County; and 41 42 WHEREAS, the California State Water Resources Control Board (SWRCB) as designee of th e 43 EPA has delegated authority to the Regional Water Quality Control Board – Santa Ana Region 44 (SARWQCB) for administration of the MS4 Permit program and issuance of MS4 Permits 45 within the boundaries of their Region; and 46
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WHEREAS, the DISTRICT, COUNTY, and CITIES have been designated as joint permittees 48 (Permittees) by the SARWQCB for the MS4 Permit issued to the County of San Bernardino; and 49 50 WHEREAS, the DISTRICT has been designated as the Principal Permi ttee in the MS4 Permit; 51 and 52
53 WHEREAS, the COUNTY and the CITIES have been designated as the Co -permittees in the 54 MS4 Permit; and 55
56 WHEREAS, cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly file 57 an application for the MS4 Permit is in the best interest of the CITIES, the COUNTY, and the 58 DISTRICT; and 59
60 WHEREAS, the Permittees shall establish and maintain a Management Committee to 61 coordinate compliance with MS4 Permit requirements and implement a Stormwater Management 62 Program across all jurisdictions covered by this MS4 Permit; and 63 64 NOW THEREFORE, the parties hereto do mutually agree as follows: 65 66 I. Filing Status. The COUNTY, DISTRICT, and CITIES will jointly file (unless directed to 67 proceed separately by the SARWQCB ) the application for an area- wide storm water 68 permit. The COUNTY, the DISTRICT, and each individual CITY will be a Permittee. 69 70 II. Management Committee . The DISTRICT, as Principal Permittee , and COUNTY and 71 CITIES, as Co -permittees, shall support and facilitate compliance with area- wide MS4 72 Permit requirements and implementation of the Stormwater Management Program 73 through the workings of the Management Committee. The responsibilities and structure 74 of this committee shall include: 75
76 A. The purpose of the Management Committe e shall be to develop policies, 77 (including goals, needs, and priorities) budgets, and implementation 78 strategies and plans for the area -wide Stormwater Management Program 79 to ensure compliance with the MS4 Permit. The Management Committee 80 shall evaluate implementation options an d strategies and recommend 81 implementation actions to the DISTRICT. 82
83 B. Each Permittee shall designate in writing at least one authorized 84 representative and one alternate to participate on the Management 85 Committee. Management Committee designees and alternates shall be 86 authorized by their respective city council or governing board to cast votes 87 on behalf of their jurisdiction to determine Stormwater Management 88 Program budgets and all other program elements required to implement 89 the areawide Municipal Stormwater Management Plan (MSWMP). 90 91 3
C. The Principal Permittee shall serve as the chairperson of the Management 92 Committee. 93
94 D. The Management Committee shall meet a t the frequency required by the 95 MS4 Permit or on a quarterly basis. 96
97 E. Ten (10) authorized representatives present in person at a scheduled 98 meeting constitute a quorum for the transaction of business of the 99 Management Committee. If a quorum is not present at a scheduled 100 Management Committee meeting, less than a quorum may adjourn the 101 meeting. For all Management Committee actions o ther than approval of 102 the budget as set forth in Section VI I.C.1. of this A GREEMENT, a 103 majority vote of the quorum shall decide any question brought before the 104 Management Committee for decision. 105
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F. The Management Committee shall support Stormwater Management 107 Program implementation by providing guidance to the Principal Permittee 108 with respect to stormwater program administration and approving 109 elements of the area-wide MSWMP. 110
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G. The Management Committee may establish subcommittees to support the 112 work of the Management Committee. S ubcommittees shall include 113 interested members of the Management Committee, and/or other Permittee 114 staff with necessary expertise. Subcommittees may develop 115 recommendations for Management Committee consideration. Such 116 recommendations require majority approval by members of the 117 subcommittee on a one vote per Permittee basis. 118
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H. Approval of Management Committee decisions will require a majority 120 vote of the authorized representatives or alternates in attendance, on a one 121 vote per Pe rmittee basis. In the event that the Management Committee 122 does not approve a subcommittee recommendation, the item will be 123 directed back to the subcommittee for reconsideration. 124 125
I. All parties to this AGREEMENT achieve cost savings by working 126 collectively to implement the areawide stormwater program. To maximize 127 these cost savings, the Permittees agree that: 128
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1. Each authorized representative shall actively participate in 130 Management Committee meetings; 131
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2. Each Permittee shall actively participate in at least one 133 subcommittee, either through the authorized representative or other 134 authorized designee. Participation will be defined as attendance at 135 fifty percent (50%) or more of subcommittee meetings held in a 136 given fiscal year. 137
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III. Principal Permittee Responsibilities. 139
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The DISTRICT, acting through its Board of Supervisors, is the Stormwater Program 141 Administrator for purposes of this AGREEMENT. The DISTRICT shall have administrative 142 responsibilities and shall be reimbursed for its time expended on be half of the Stormwater 143 Program. These rates include actual hourly rate including fringe benefits plus any other direct 144 cost(s). Materials are to be reimbursed at direct cost. 145 146
The DISTRICT, while acting as administrator, will strive to implement the policies, budget, and 147 required program elements according to the recommendations of the Management Committee . 148 In turn, the Management Committee will work in good faith with the DISTRICT to make 149 reasonable policy, budget and required program element recommendations to the 150 DISTRICT. The Parties recognize and acknowledge, however, that the DISTRICT, as governed 151 by the San Bernardino County Flood Control District Board of Supervisors, retains final 152 authority regarding the nature and manner in which the recommendations of the Management 153 Committee shall be executed. 154
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In the event that the DISTRICT proposes to implement an approach different than the one 156 recommended by the Management Committee, the DISTRICT's proposed alternative action shall 157 be communicated to t he Management Committee at the next available meeting of the 158 Management Committee. If the Management Committee approves the alternative action, then 159 the cost sharing provisions of this A GREEMENT shall govern the allocation of any costs 160 associated with that alternative action. If, in good faith, the Management Committee does not 161 approve the alternative action, the DISTRICT may implement the alternative action, but the 162 DISTRICT shall be solely responsible for paying the increased costs, if any, resulting fr om the 163 alternative action. This increased cost shall be measured by the difference between the cost of 164 the alternative action and the estimated cost of the action as reasonably recommended by the 165 Management Committee. 166
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If the DISTRICT’S proposed alternative implementation action involves an increase in program 168 costs, that alternative implementation action shall not be adopted until such time as each 169 authorized representative of the Management Committee has had 45 days to relay that alternative 170 implementation action to its various governing bodies for approval. C ITIES and COUNTY shall 171 have no responsibili ty for the incremental increase in cost associated with an alternative action 172 that is not approved by the Management Committee after 45 days has passed with the governing 173 bodies failing to approve the alternative implementation action. 174 175
The DISTRICT will act as the contracting party, on behalf of the Co-permittees for Stormwater 176 Management Program contracts and agreements with all consultants, contractors, vendors or 177 other entities as recommended by the Management Committee. 178 179
The DISTRICT, if recommended by the Management Committee, may act on behalf of the Co-180 permittees as applicant in preparing and submitting grant proposals, and may act as administrator 181 for any awarded grant funds. 182
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5 The DISTRICT, if recommended by the Management Committee, will act on behalf of the 184 Stormwater Program as the contracting party and signatory in joint agreements with other 185 municipal stormwater programs and stakeholders for regional benefits and cooperation. 186 187
As the Principal Permittee under the MS4 Permit, the DISTRICT shall coordinate all area- wide 188 MS4 Permit activities and manage the Stormwater Management Program by: 189 190
A. Conducting chemical, biological and bacteriological water quality 191 monitoring on behalf of the areawide program as required by the MS4 192 Permit. 193
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B. Implementing management programs, monitoring programs, and related 195 plans as required by the MS4 Permit. 196
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C. Preparing and submitting to the Executive Officer ( SARWQCB) unified 198 reports, plans, and programs necessary to comply with the MS4 Permit. 199 200
D. Coordinating and conducting Management Committee meetings as 201 specified in the MSWMP. 202
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E. Taking the lead role in initiating and developing area -wide programs and 204 activities necessary to comply with the MS4 Permit. 205 206
F. Participating, as needed, in any subcommittees formed to facilitate MS4 207 Permit requirements. 208
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G. Providing technical and administrative support and inform the Co-210 permittees of the progress of other pert inent municipal programs, pilot 211 projects, research studies, and other information to facilitate 212 implementation of Co-permittees’ stormwater program. 213 214
H. Coordinating the implementation of area -wide Stormwater Management 215 Program activities such as a monitoring program, public education, and 216 pollution prevention. 217
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I. Gathering and disseminating information on the progress of statewide 219 municipal stormwater programs and evaluate the information for potential 220 use in the execution of the MS4 Permit. 221
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J. Monitoring the implementation of the plans and programs required by the 223 MS4 P ermit and determine their effectiveness in attaining water quality 224 standards. 225
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K. Coordinating with SARWQCB activities pertaining to implementation of 227 the MS4 Permit, including the submittal of all required reports, plans, and 228 programs. 229
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L. Soliciting and coordinating public input for any major proposed 231 stormwater management programs and implementation plans. 232 233
M. Developing and implement ing mechanisms, performance standards, etc., 234 to promote consistent implementation of Best Management P ractices 235 among the Permittees. 236
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N. Cooperating in watershed management programs and regional and/or 238 statewide monitoring programs. 239
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IV. Co-permittee Responsibilities . The Co-permittees shall support the Principal Permittee 241 by: 242
243
A. Preparing and submitting to the Principal Permittee in a timely manner 244 all required information necessary to comply with permit reporting 245 requirements. Timely completion of Permittee annual report information 246 is considered meeting the deadline if received on or before September 247 15th of each reporting year. 248
B. Notifying the Principal Permittee immediately, in writing, of any 249 changes to the designated representative to the Management Committee. 250 C. Reviewing and commenting on all plans, strategies, management 251 programs, and monitoring programs, as developed by the Principal 252 Permittee or a subcommittee of the Management Committee. 253 D. Conducting and/or coordinating with the Principal Permittee on any 254 surveys or characterizations needed to identify pollutant sources from 255 specific drainage areas. 256
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V. Compliance Responsibilities . The DISTRICT, COUNTY and CITIES are individually 258 responsible for implementing all MS4 Permit requirements within their respective 259 jurisdictions. The Management Committee does not assume any responsibility for 260 implementing the Stormwater Management Programs for the Principal Permittee or any 261 other Permittee or for ensuring that the Principal Permittee or the Co -permittees 262 implement programs consistent with the recommendations o f the Management 263 Committee. 264
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VI. Indemnification and Insurance. Each party shall indemnify, defend, and hold harmless 266 the other parties to this AGREEMENT from and against any and all liability and expense 267 arising from any act or omission of the indemnifying party, its authorized officers, 268 employees, agents, and volunteers in connection with the performance of this 269 AGREEMENT, including, but not limited to reasonable defense costs, reasonable legal 270 fees, claims, actions, damages, liability, and causes of ac tion for damages of any nature 271 whatsoever; provided, however, that no party shall indemnify another party for that 272 party’s own negligence or willful misconduct. 273
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In the event a party, or parties, to this AGREEMENT is/are found to be comparatively at 275 fault for any claim, action, loss or damage which results from their respective obligations 276 under this AGREEMENT, the party, or parties shall indemnify the other party/parties to 277 the extent of its/their comparative fault. Furthermore, if a party attempts to seek recovery 278 from the other for Workers’ Compensation benefits paid to an employee, the parties agree 279 that any alleged negligence of the employee shall not be construed against the employer 280 of that employee. 281
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The parties to this AGREEMENT are authorized self -insured public entities for purposes 283 of Professional Liability, Automobile Liability, General Liability, and Workers’ 284 Compensation and warrant that through their programs of self -insurance, they have 285 adequate coverage or resources to protect against lia bilities arising out of their 286 performance under this AGREEMENT. 287
288
VII. Program Costs . The responsibilities for payment of all shared costs of equipment, 289 services, contracted analytical services, and the cost of implementing the MS4 Permit, 290 shall be distributed among the DISTRICT, COUNTY, and CITIES as follows: 291 292
A. The DISTRICT shall contribute 5% of the annual Program Costs; the 293 other Permittees shall be responsible for the remaining 95% of the 294 Program Costs. 295
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B. The annual budget shall separate program costs into four Program Areas: 297 298
1. Monitoring, which shall include any water quality and 299 hydrographic monitoring and laboratory analyses. 300
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2. Public Education, which shall include all public outreach programs. 302 303
3. Program Management & Regulatory Activities , which includes 304 administrative, reporting and regulatory activities. 305 306
4. Training, which addresses any training conducted to implement the 307 stormwater management program. 308
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C. The Principal Permittee shall p repare and implement an annual operating 310 budget with the participation of the P ermittees. The budget year shall 311 coincide with the fiscal year of the DISTRICT, July 1 – June 30. 312 313
1. The Principal Permittee will forward the annual operating budget 314 for the forthcoming year to the Co -permittees for review and 315 approval. The review period shall be from the first business day of 316 November to the first business day of December of each year. 317 During the review period, the Co -permittees may provide written 318 comments on the budget to the Principal Permittee . The Fiscal 319
8 Subcommittee will review the comments on the budget and 320 endorse a draft budget for Management Committee approval . The 321 Management Committee will conside r the draft budget for 322 approval at the January meeting . An affirmative response from a 323 majority of the total number of authorized representatives or 324 authorized alternates is required for approval. 325
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D. For Fiscal Year 2025/26, the Permittees cost share shall be as follows: 327
PERMITTEE PERCENTAGE SHARE
Big Bear Lake 1.63
Chino 4.93
Chino Hills 5.22
Colton 3.43
Fontana 9.49
Grand Terrace 1.66
Highland 3.62
Loma Linda 2.31
Montclair 2.43
Ontario 9.00
Rancho Cucamonga 8.35
Redlands 5.12
Rialto 5.33
San Bernardino 10.60
Upland 4.14
Yucaipa 4.19
County 13.54
District 5.00
TOTAL 100
328
E. For Fiscal Year 20 26/27, and all subsequent fiscal years t he Permittees 329 cost share shall be determined annually according to the methodology 330 provided in Appendix A. 331
F. For Fiscal Year 20 26/27, and all subsequent fiscal years, t he Permittees 332 annual cost share shall be calculated by November 1 of each year and shall 333 be included in the annual budget proposal. 334
9 G. The DISTRICT shall invoice each CITY and the COUNTY for its annual 335 deposit after July 1, the start of the fiscal year. Each CITY and the 336 COUNTY shall pay the deposit within 60 days of the date of the invoice. 337 Each CITY’s and the COUNTY’s deposit shall be based on their prorated 338 share of the approved annual budget, reduced for any surplus identified in 339 the prior fiscal year-end accounting. 340
H. The DISTRICT shall mak e reasonable efforts to inform the Management 341 Committee during the fiscal year of potential exceedances of the approved 342 budget that may require the Parties to increase the deposits. If at any time 343 during a fiscal year the program costs exceed the sum of the deposits, the 344 DISTRICT shall submit invoices to the CITIES and the COUNTY to 345 recover the deficit. The share for each CITY and the COUNTY shall be 346 prorated according to the formula above (see Paragraphs D and E of this 347 Section). Each CITY and COUNTY shall pay the invoice within 60 days 348 of the billing date. 349
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I. The DISTRICT shall prepare a fiscal year end accounting at the end of 351 each fiscal year and distribute copies to the P ermittees for their review by 352 October 31 of that year . Permittees shall have 30 calendar days from the 353 date of their receipt of the fiscal year end accounting to dispute in writing 354 or concur with the findings. If the fiscal year end accounting results in 355 costs exceeding the sum of the de posits (including interest earnings), the 356 DISTRICT shall invoice each CITY and the COUNTY for its prorated 357 share of the excess cost. Each CITY and the COUNTY shall pay the 358 billing within 60 days of the date of the invoice. If the fiscal year end 359 accounting results in the sum of the deposits (including interest earnings) 360 exceeding costs, the excess deposits will carry forward to reduce the 361 billings for the following year. 362
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J. Upon termination of the program, a final accounting shall be performed by 364 the DISTRICT. If costs exceed the sum of the deposits (incl uding interest 365 earnings), the DISTRICT shall invoice each CITY and the COUNTY for 366 its prorated share of the excess. Each CITY and the COUNTY shall pay 367 the invoice within 60 days of the date of the invoice. If the sum of the 368 deposits (including interest earnings) exceeds the costs, the DISTRICT 369 shall reimburse to each CITY and the COUNTY its prorated share of the 370 excess (including any intere st earnings remaining) , within 30 days of the 371 final accounting. 372
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K. Each CITY and the COUNTY shall bear the financial responsibility for 374 implementing the program within its jurisdictional boundaries, including 375 any applicable MS4 permit fees, as outlined in Section V. 376 377
10 L. The annual administrative costs (includes actual hourly rate including 378 fringe benefits plus any other direct cost) incurred by the DISTRICT shall 379 be included in the budget for the Areawide Program Costs and paid 380 according to this Section, Section III and Appendix A. 381 382
M. The financial responsibility for this AGREEMENT will be effective on the 383 date this AGREEMENT takes effect. 384
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VIII. Term of the AGREEMENT . The term of the AGREEMENT coincides with the current 386 MS4 Permit (Order No. R8 -2010-0036) and subsequent MS4 Permits that list the 387 DISTRICT, COUNTY, and the CITIES as Permittees . This A GREEMENT shall take 388 effect on the date it is approved by all parties . This AGREEMENT shall terminate upon 389 the effective date of a new implementation agreement approved by all parties which will 390 supersede this AGREEMENT. 391
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IX. Additional Parties. Any city or other entity which wishes to be a Permittee on the San 393 Bernardino County MS4 Permit that was issued by SARWQCB shall agree to the 394 provisions in this funding agreement and shall sign this AGREEMENT prior to be ing 395 included in the permit. The date of initiation, for determining participant costs for any 396 new Permittee shall be the date of inclusion in the San Bernardino County MS4 Permit 397 issued by SARWQCB . The cost for adding any additional P ermittee to the program, 398 including additional permit and processing fees, shall be paid by the added P ermittee. 399 Monies, if any, to be reimbursed to the existing P ermittees shall be credited to their 400 respective annual program operating fees for the following budget year. 401 402
X. Withdrawal from the AGREEMENT . A P ermittee may withdraw from this 403 AGREEMENT at the end of any fiscal year with written notice being received by the 404 DISTRICT 1 year prior to the end of the fiscal year. A withdrawing Permittee will not be 405 allowed refunds for tasks, projects or studies already underway in which funds have bee n 406 obligated for the fiscal year . 407
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The withdrawing P ermittee shall be responsible for all assessed penalties as a 409 consequence of withdrawal. The cost allocations to the remaining members will be 410 calculated in the following budget year. 411
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XI. Breach. Failure to comply with the terms of this AGREEMENT is a breach of the 413 agreement. If a breach is not cured within ninety (90) days after receiving a notice to 414 cure the breach by a permittee , permittee in breach may be terminated from this 415 AGREEMENT by a majority vote of the Management Committee. 416 417
XII. Non-compliance with MS4 Permit Requirements . Any P ermittee found in non-418 compliance with the conditions of the MS4 Permit within their jurisdictional 419 responsibilities shall be solely liable for any assessed penalties, pursuant to Section 420 13385 of the Water Code. Penalties that apply to all the P ermittees shall be assessed 421 according to the formula in Appendix A. 422
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11 XIII. Legal Action/Costs/Attorney Fees . Where any legal action is necessary to declare any 424 party’s rights hereunder or enforce any provision hereof for any damages by reason of an 425 alleged breach of any provisions of this AGREEMENT, each party shall bear its own 426 attorney’s fees and costs incurred in conjunction with such legal action regardless of who 427 is found to be the prevailing party. This section shall not apply to those costs and 428 attorney’s fees arising from any third party legal action against a party hereto and payable 429 under Section VI, Indemnification and Insurance. 430
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XIV. Amendments to the AGREEMENT. This AGREEMENT may be amended by consent of 432 a three-quarters majority of the P ermittees (rounded to the nearest whole number). 433 Amendments to this AGREEMENT may be adopted and executed concurrently, and shall 434 become effective upon its execution by a majority of the Permittees as defined above. 435 436
XV. Authorized Signatories : Each Permittee will determine who will be the authorized 437 signatory. This person shall be authorized to execute the application(s) for MS4 Permit(s) 438 and take all other procedural steps necessary to file the application(s) for MS4 Permits. 439 440
XVI. Notices. All notices shall be deemed duly given if delivered by hand; or five (5) working 441 days after deposit in the U.S. Mail, certified mail, return receipt requested. 442 443
XVII. Governing Law. This AGREEMENT will be governed and construed in accordance with 444 laws of the State of California. If any provision or provisions of this AGREEMENT shall 445 be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of 446 the remaining provisions shall not in any way be affected or impaired hereby. Any legal 447 action which arises out of or is in any way related to this AGREEMENT shall be brought 448 in the Superior Court of the San Bernardino County. 449 450
XVIII. Consent to Breach not Waiver. No term or provision hereof shall be deemed waived and 451 no breach excused, unless such waiver or consent shall be in writing and signed by any 452 Permittee to have waived or consented. Any consent by any P ermittee to, or waiver of, a 453 breach by the other whether expressed or implied, shall not constitute a consent to, 454 waiver of, or excuse for any other different or subsequent breach. 455 456
XIX. Reserved. 457
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XX. Applicability of Prior Agreements . This document constitutes the entire AGREEMENT 459 between the P ermittees with respect to the subject matter; all prior agreements, 460 representation, statements, negotiations, and undertakings are superseded hereby and 461 shall be deemed terminated upon the effective date of this AGREEMENT. 462 463
XXI. Execution of the AGREEMENT . This AGREEMENT may be executed in counterpart 464 and the signed counterparts shall constitute a single instrument. 465 466
XXII. No Separate Entity . This AGREEMENT established a framework for PERMITTEE 467 cooperation on storm water issues. Nothing in this AGREEMENT shall be construed to 468 create an entity separate from the local agencies that join in this cooperative effort. 469
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IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 471 above written. 472
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______________________________ 477
JOE BACA, Mayor 478
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ATTEST: 480
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______________________________ 484
BARBARA A. McGEE, City Clerk 485
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APPROVED AS TO FORM: 489
490
491
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______________________________ 493
ERIC S. VAIL, City Attorney494
13 APPENDIX A 495
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A. The DISTRICT shall pay five percent (5%) of the total annual cost , and the COUNTY 497 and the remaining Co-permittees, collectively, shall pay the remaining ninety-five percent 498 (95%) of the total annual cost pursuant to the formula set forth in Paragraph C, below. 499 500
B. The Permittees total annual cost share is the sum of the individual cost -shares calculated 501 for each Program Cost Area. 502
503
C. The Permittees annual cost share for each Program Cost A rea (PCAi) shall be calculated 504 using three cost factors: 505
506
1. Base, which represents the percentage of the program costs equally applied to all 507 Permittees. The base (B) fraction is calculated as follows: 508 509
B = 1/N, where N = number of Permittees 510
511
2. Relative Population, which re presents the percentage of the program c osts based 512 on the relative population of each Permittee. Relative population (RP) of each 513 Permittee shall be calculated annually from annual population estimates issued by 514 the California Department of Finance (E-1 Table). 515
516
RPi = (Pi/Ptotal), where 517
518
RPi = relative population of Permittee (i) 519
Pi = population of Permittee (i) 520
Ptotal = total population for area covered by the area-wide permit 521 522
3. Relative Land Area , which represents the percentage of the program c osts based 523 on the relative land area of each Permittee. Relative Land Area (RLA) shall be 524 calculated as follows: 525
526
a. The calculation of relative land area within each Permittee’s jurisdiction 527 shall exclude land under tribal, state or federal jurisdiction, or any land 528 excluded by the State Water Resources Control Board . Any Permittee 529 seeking to exclude lands under this Section shall specifically request that 530 exclusion from the Principal Permittee by providing the request in writing 531 along with necessary documentation no later than October 1 to be 532 considered for inclusion in the next year’s annual budget. The requesting 533 Permittee has the burden of proving entitlement to any exemption so 534 requested. 535
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b. The method for calculating relative land area shall be determined from the 537 Assessor’s Parcel data provided by the COUNTY Information Services 538 Department. 539
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14 RLAi = (Li/Ltotal), where 541
RLAi =relative land area of Co-permittee (i) 542
Li = land area of Co-permittee (i), less excluded lands 543 Ltotal = total land area under permit jurisdiction 544
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D. The Permittee’s cost share for each individual Program Cost Area is based on the relative 546 importance of the cost factor s to the Program Cost Area. The cost share calculation for 547 each Program Cost Area is as follows: 548
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PCAi = [(B * Xi * ABi) + (RPi * Yi * ABi) + (RLAi * Zi * ABi)] 550 551
Where, 552
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PCAi = Permittee’s cost share for PCAi 554
ABi = Annual budget for PCAi 555
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B = Base fraction for each Permittee 557
Xi = Percentage apportioned to the base for PCAi 558
559
RPi = Relative population of Permittee(i) 560
Yi = Percentage apportioned to relative population for PCAi 561 562
RLAi = Relative land area of the Permittee(i) 563
Zi = Percentage apportioned to relative land are for PCAi 564 565
E. The Permittee’s total annual cost share shall be calculated by summing the cost shares 566 calculated for each individual Program Cost Area: 567
568
Permittee’s annual cost share = PCA1 + PCA2 + PCA3 + PCA4 569 570
Table 1. Budget Year [DATE]
Program Cost Areas
(PCAi)
Percent of the Program Cost Area
Apportioned to each Cost Factor
Base
(Xi)
Relative
Populatio
n (Yi)
Relative
Land
Area (Zi)
Monitoring (PCA1) 10% 30% 60%
Public Education (PCA2) 10% 80% 10%
Program Management &
Regulatory Activities
(PCA3)
30% 50% 20%
Training (PCA4) 30% 60% 10%
571