Resolutions
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RESOLUTION 2010-10

A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING FOR THE MS4 JURISDICTIONS OF
NORTHWEST ARKANSAS AND THE NORTHWEST
ARKANSAS REGIONAL PLANNING COMMISSION.
WHEREAS, twelve cities in Benton and Washington Counties, the counties
themselves, and the University of Arkansas meet the U.S. Environmental Protection Agency's
"small" urbanized area municipal separate storm sewer (MS4) criteria, and must comply with
national Phase n Stormwater Regulations; and
WHEREAS, the Arkansas Department of Environmental Quality (ADEQ), the state
agency authorized by EPA to issue National Pollutant Discharge Elimination system (NPDES)
permits requiring and ensuring compliance, has established February 1, 2009 as the latest date
for affected entities to be covered under Arkansas' general permit for MS4s; and
WHEREAS, said permit requires development, implementation, and evaluation of a
Stormwater management plan, that addresses each of the six minimum control measures
identified in the Phase II Storm Water Regulations contained in 40 CFR 122.26 and outlined in
partl.B.; and
WHEREAS, the Northwest Arkansas -Regional Planning Commission (NWARPC) has
coordinated meetings between representatives of affected jurisdictions in an effort to
determine, in the interest of economy and efficiency, whether certain Stormwater permit
components could be addressed collectively, rather than individually; and
WHEREAS, it has been determined that a cost effective, regional approach to certain
minimum control measures required as part of the permit —namely Public Education and
Outreach, Public Involvement and Participation, and the education component of Pollution
Prevention/Good Housekeeping — is both logical and appropriate; and
WHEREAS, the NWARPC requested and received statements of qualifications from
interested rnstitutions and firms with demonstrated water quality educational expertise, and
has; in cooperation with representatives of affected MS4 jurisdictions, endorsed the attached
proposal from the University of Arkansas Cooperative Extension Service; and
WHEREAS, the ADEQ has subsequently endorsed the regional concept and proposal
for addressing said minimum control measures; and
WHEREAS, said representatives of affected MS4s have also endorsed the distribution
of costs associated with the proposal as shown on the attached cost allocation plan; and

Whereas, the Board of Directors of the NWARPC have authorized the Commission to
act as the financial clearinghouse and primary contractor, on behalf of said MS4s, in
connection with said proposal.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
JOHNSON, ARKANSAS, That:
Section 1: Johnson shall participate in year 3 of the attached 3-Year Regional
Stormwater Education and Coordination Program, to be carried out by the University of
Arkansas Cooperative Extension Service through an engagement with the Northwest Arkansas
Regional Planning Commission, it being understood that said services to be provided shall
satisfy requirements for the federally mandated minimum control measures identified above.
Commitments for participation in said program in future years will require City Council
approval on a year-to-year basis.
Section 2: To participate financially in accordance with the attached cost allocation
plan. Any increases in the costs allocated to the City of Johnson due to the failure of other
MS4 jurisdictions to participate shall be subject to the approval of the Johnson City Council.
Section 3: That all funds received by NWARPC from MS4s for this specific project
shall be utilized in their entirety for services in connection with the 3-Year Regional
Stormwater Education and Coordination Program, and shall be accounted for separately from
all other commission funds.