Okaloosa County BOCC — July 19, 2016 — Multi-Jurisdictional Agreement

Multijurisdictional Agreement between Okaloosa County, Florida and City of Fort Walton Beach, Florida This Agreement is entered into this day of , 2016, by and between Okaloosa County, Florida, a political subdivision of the State of Florida (the “County”), whose mailing address is 1250 N. Eglin Parkway, Suite 100, Shalimar, Florida 32579 and the City of Fort Walton Beach, Florida, a municipal corporation organized under the laws of the State of Florida (the “City”), whose mailing address is 107 Miracle Strip Parkway SW, Fort Walton Beach, Florida 32548. RECITALS WHEREAS, the parties to this Agreement previously entered into a Wastewater Service Interlocal Agreement, executed on September 4, 2009, whereby the County agreed to provide wastewater treatment and reclaimed water for use within the City Service Area (the “Interlocal Agreement”); and WHEREAS, pursuant to Section 16 of the Interlocal Agreement, the City agreed to require all entities discharging industrial wastes (“Industrial Users”) that contribute to the waste flow to the County’s Arbennie Pritchett Water Reclamation Facility (‘APWRF”) to pretreat industrial waste to the requirements of applicable City or County ordinances and standards, whichever is greater; and WHEREAS, pursuant to 40 CFR Part 403 and Chapter 62-625, F.A.C., the County is required to implement and enforce a pretreatment program to control discharges from all industrial users of its wastewater treatment system, including those located in the City Service Area; and WHEREAS, the parties desire to establish a uniform pretreatment program applicable to all industrial users of the APWRF; and WHEREAS, the pretreatment of industrial waste is in the best interest of both the County and the City, as industrial wastewater can negatively impact the APWRF and the City’s collection system. NOW THEREFORE, in consideration of the foregoing and the mutual obligations set forth below, the parties, intending to be legally bound, agree as follows: Section 1. Recitals. The above recitals are true and correct and are incorporated herein as essential terms of this Agreement. Section 2. Local Control Authority. Pursuant to APWRF’s operating permit issued by the Florida Department of Environmental Protection (“FDEP”), the County shall be the local Control Authority for pretreatment standards, permitting, monitoring, and enforcement. Section 3. City’s Sewer Use Ordinance. The City agrees to adopt the County’s established standards and regulations for the pretreatment of industrial waste and any amendments there to. Within 21 days of the date of this Agreement, the City will provide a draft of its proposed ordinance to the County for review and comment. The City shall adopt the County’s established standards and regulations for the pretreatment of industrial waste within 45 days of receiving the County’s comments. If the County Multi-Jurisdictional Agreement Page 1 amends its_established standards and regulations for the pretreatment of industrial waste, the City shall adopt such amendments following the same process as outlined in this Section. Section 4. County Responsibilities. The County agrees to be responsible for implementing and enforcing its Pretreatment Program within the City’s Service Area. Such responsibilities shall include: 1) Updating the industrial waste survey of all of the City’s industrial users within the City’s Service Area to determine if pretreatment of the industrial waste is required; 2) For those industrial users for which pretreatment of industrial waste is required, the County shall impose and collect pretreatment regulatory fees as contained in Appendix A of Okaloosa County Ordinance No. 14; 3) Issuing permits to all qualified industrial users required to obtain a permit; 4) Conducting inspections, sampling and analysis; 5] Enfcti)rcement action as outlined in the County’s Enforcement Response Plan; an 6) Performing any other technical or administrative duties the parties d