06-10-2019 Council Packet - Laserfiche WebLink

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NOW THEREFORE it is mutually agreed by and between the parties that they enter into this MOU in order to document the understanding of the parties as to the roles and responsibilities of each party. 1.0 Responsibilities of the Cit 1.1 The City may exercise all present and future authority it otherwise may possess to issue permits for and regulate activities affecting water resources within the City. 1.2 The City will meet at least annually with the MCWD to review the implementation of the City's local water management plan. 1.3 Annually, by the date specified for the City's submittal of its annual report under its NPDES municipal stormwater permit, the City will submit to the MCWD a concise but specific report describing: a. Progress on the local water management plan implementation program. b. Progress on meeting phosphorus load reduction requirements of the MCWD's comprehensive watershed management plan. c. Any adjustments to the implementation and/or capital improvement program in the local water management plan. d. A listing, with further specific information as the MCWD may request, of grading and structural alterations approved or occurring within city boundaries since the last annual report (both private and public alterations) that could measurably affect hydraulic and hydrologic model outcomes. The City may incorporate its annual report into its NPDES MS4 annual report, provided it addresses the above items with specificity. 1.4 If the City determines that it wishes to exercise sole regulatory authority with respect to certain activities now regulated by the MCWD, the City will request that the MCWD determine whether the City's ordinances are at least as protective of water resources as the District Rules and the City has the necessary regulatory capacity to establish the basis for the City's exercise of sole regulatory authority and the MCWD's withdrawal from permitting these activities. Upon completion of the review, the City and the MCWD may amend this MOU. 2.0 Responsibilities of the MCWD 2.1 The MCWD will continue to apply and enforce its Rules, as they may be amended from time to time, within the City. 2.2 The MCWD will meet with the City at least annually to review the implementation of the City's local water management plan, addressing at a minimum the following topics: 1. Maintenance of up-to-date water quality measures, such as concentrations of Phosphorus, in the City's local water management plan; 2. The City's progress toward Implementation Program/CIP items; and 3. Progress toward meeting MCWD Phosphorus Loading Reduction goals. 2.3 The MCWD retains all authority that it may possess under Minnesota Statutes Chapters 103B and 103D or any other provision of law, except as explicitly reposed in the City under this MOU, including but not limited to authority set forth at Minnesota Statutes § § 10313.211, subdivision 1(a); 103D.335 and 103D.341. Page 2 of 3