HomeMy WebLinkAbout22- MOU - MSU - MS4 ComplianceCOB and MSU Memorandum of Understanding Page | 1
MEMORANDUM OF UNDERSTANDING
between
The City of Bozeman
and
Montana State University
for
General Permit for Stormwater Discharges Associated with Small Municipal
Separate Storm Sewer Systems (MS4) Compliance and Storm Sewer Operation
This Memorandum of Understanding (MOU) made this ____ day of ____________ , 2022,
between the City of Bozeman (COB) and Montana State University (MSU), collectively referred
to as the “Parties”, addresses areas of shared responsibility regarding the Montana Department
of Environmental Quality (MDEQ) General Permit for Stormwater Discharges Associated with
Small Municipal Separate Storm Sewer Systems (MS4 Permit) and storm sewer operation.
WHEREAS, the MDEQ requires the Parties to mitigate pollutants entering their storm sewers by
implementing respective Stormwater Management Programs (SWMP) that include best
management practices designed, installed, and maintained per sound engineering, hydrologic,
and pollution control practices.
WHEREAS, the Parties are co-permittees, as authorized under Montana ARM 17.30.111(3) and
ARM 17.30.111(7), and share select responsibility for the completion of defined SWMP activities.
WHEREAS, the MDEQ requires co-permittees to document shared activities and specifically
requires them to have an MOU and organizational charts in order to be compliant with the MS4
Permit.
WHEREAS, MSU owns and operates storm sewers located on its property, which contains
drainage basins and conveyances connected to COB infrastructure.
WHEREAS, MSU is a utility customer of the COB and pays monthly stormwater service fees.
NOW THEREFORE, in consideration of the mutual understandings contained herein, the Parties
agree as follows:
1. The COB shall:
a. Provide a single contact point, unless otherwise designated.
b. Request permission 24 hours before completing any task on MSU property.
c. Facilitate and document regular coordination meetings.
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8th February
COB and MSU Memorandum of Understanding Page | 2
d. Carry out the roles associated with each Minimum Control Measure, listed in
Appendix A.
e. Update MSU’s stormwater service fees each fiscal year.
f. Provide SWMP technical assistance and compliance support upon request.
g. Deliver an updated copy of the Management Plan to MSU annually.
2. MSU shall:
a. Provide a single contact point, unless otherwise designated.
b. Participate in regular coordination meetings.
c. Carry out the roles associated with each Minimum Control Measure, listed in
Appendix A.
d. Deliver information, review, and approve the Management Plan annually.
e. Provide parking and access for COB vehicles and equipment.
3. EFFECTIVE DATE AND DURATION:
The Parties agree that this MOU shall be effective on the date of its execution and shall
continue for a period of five (5) years. The Parties may terminate this MOU at any time
upon mutual written agreement. The Parties may extend the MOU for such additional
period of time and under such terms as agreed upon in writing.
4. FEES FOR SERVICES:
The Parties agree that no fees for services performed under this MOU shall be applied,
other than the COB’s stormwater service charge applied to MSU.
5. INDEMNIFICATION:
The Parties agree to indemnify, defend, and hold harmless the other, their officers, agents
and employees from and against any and all claims, losses, liabilities or damages and costs
of its officers, agents, employees, and subcontractors.
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IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their authorized
representatives, on the day and year first written above.
CITY OF BOZEMAN
(Signature)
(Title)
_______
(Printed Name)
MONTANA STATE UNIVERSITY
(Signature)
_____________________________________
(Title)
____ _____________
(Printed Name)
DocuSign Envelope ID: 5EB6CD9B-9275-4C9C-BBB3-D27F70A49913
AVP University Services
John How
Jeff Mihelich
City Manager
Appendix A
Roles in the MS4 Permit
Administrative – SWMP Sec. 1.0
COB and MSU points of contact will establish meetings quarterly. On an annual basis, both Parties will
update the GIS records and corresponding ratepayer records. This data review will also tie into the
mapping required by MCM’s 3 and 5.
MCM’s 1 and 2: Public Education, Outreach, Involvement, and Participation
a. Each Party will maintain a website, on the internet, separately and individually.
b. The Parties will separately identify Key Target Audiences for stormwater outreach and
education.
c. The Parties will separately select the outreach formats per the MS4 permit.
d. Perform outreach and public involvement separately, while looking for areas of overlap.
MCM 3: Illicit Discharge Detection and Elimination
a. Each Party will review categories of non-stormwater discharges, and identify which are
significant contributors of pollutants.
b. Each Party will create, update, and store an inventory of their infrastructure. They will meet
annually to review this information.
c. COB will make infrastructure information publicly available on the internet.
d. Each Party will develop and update a Corrective Action Plan to address illicit discharges. Initial
response will be the responsibility of each Party in their respective area. Minor spills will be
dealt with by the respective SWMP Coordinator, while major spills will be routed through 911
and then to the appropriate agency. The Parties have an existing emergency services contract,
allowing City of Bozeman emergency services to respond to major spills in both jurisdictions.
e. COB staff will perform dry weather screening field inspection of all outfalls as outlined in the
MS4 permit, including those on MSU property. COB will provide relevant field forms to MSU in a
timely fashion. Record keeping, reporting, prioritization, and illicit discharge resolution will be
the responsibility of each Party separately.
MCM 4: Construction Site Storm Water Management
a. Each Party will separately require construction site stormwater management plans and controls
on regulated projects.
b. Each Party will separately review stormwater management plans, using a checklist, for
compliance with technology based effluent limitations contained within the most recent
Construction General Permit.
c. Each Party will separately inspect regulated projects using a site inspection checklist.
d. Because of the status of COB as a traditional MS4 and MSU as a non-traditional MS4, ordinances
and policies will be addressed separately.
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MCM 5: Post-Construction Site Storm Water Management
a. Each Party will separately require post-construction stormwater management controls on
regulated projects.
b. Each Party will separately develop and implement a plan review checklist.
c. Each Party will separately maintain and update an inventory of post-construction controls
annually. See MCM 3 b and c above.
d. City of Bozeman and MSU will jointly complete a high-priority post-construction control analysis.
e. COB will conduct field inspections on MSU owned high-priority post-construction controls
annually.
f. COB will provide field reports and maintenance recommendations for MSU high-priority post-
construction controls.
g. Maintenance and record keeping will be the responsibility of MSU for their post-construction
facilities.
MCM 6: Pollution Prevention and Good Housekeeping
a. The Parties will work together to identify facilities and activities per the most current MS4
Permit.
b. COB staff will conduct field inspections of activities and facilities.
c. COB will provide field inspection reports to MSU for identified facilities and activities.
d. The Parties will be separately responsible for final documentation, SOG development, and SOG
training.
e. COB will maintain a map of identified COB and MSU facilities.
f. MSU will provide COB good housekeeping information found in SWMP Section 7 about source
load reduction.
Monitoring
Bozeman has a specialist who focuses on this requirement. It will be most efficient for COB staff to
continue to set up and monitor sites as required by the MS4 permit and submitted sampling plan. COB
will provide monitoring results.
Program Effectiveness Assessment
Each Party will perform this assessment based on required BMPs in each minimum control measure that
have been adjusted or modified throughout the permit cycle. Outcomes, such as reducing pollutant
loads, will be addressed together where possible.
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