Storm Water Compliance. Consultant shall comply with Owner’s Storm Water Pollution Prevention Plan (“SWPPP”), applicable storm water permit (“Permit”) and Owner’s Storm Water Compliance Guidelines (“Guidelines”). Consultant shall implement the Best Management Practices (“BMPs”), set forth in the SWPPP, for any Services that it performs on the Project. A copy of the SWPPP, Guidelines and Permit are available at the construction office. Owner shall be entitled to recover from Consultant all fines, fees, expenses and other penalties assessed by any governmental body due to Consultant’s violation of the Permit or its obligations herein. TO THE FULLEST EXTENT PERMITTED BY LAW, CONSULTANT HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, ATTORNEYS’ FEES, EXPENSES, OR LIABILITIES OF ANY TYPE OR NATURE, INCLUDING ANY AND ALL FINES OR OTHER PENALTIES, CIVIL OR CRIMINAL, ARISING OUT OF ANY VIOLATION OF THE PERMIT OR ANY OF CONSULTANT’S OBLIGATIONS HEREIN, CAUSED IN WHOLE OR IN PART, BY THE WRONGFUL ACTS OR OMISSIONS OF CONSULTANT, OR OTHERWISE CAUSED IN WHOLE OR IN PART BY CONSULTANT’S FAILURE TO COMPLY WITH THE OBLIGATIONS IN THIS SECTION 18. Consultant acknowledges that failure to adhere to the requirements of the SWPPP, Guidelines or Permit constitutes a material default of its contractual obligations herein, and Owner may, without prejudice to any other right or remedy, remove Consultant from the Project, terminate this Agreement, and retain a separate consultant to complete Consultant’s obligations arising under this Agreement (the “Completion Consultant”).
Storm Water Compliance. Buyer shall execute and deliver to Seller the attached Storm Water Compliance Addendum attached hereto and by this reference incorporated herein.
Storm Water Compliance. This project is anticipated to have approximately 10.5 acres of Disturbed Soil Area (DSA) requiring implementation of a Storm Water Pollution Prevention Plan (SWPPP). Permanent BMP’s are not required for this project since the new impervious surfaces (NIS) is under 1 acre. If the scope of the project changes, and the NIS is over 1 acre then permanent Best Management Practice’s (BMP’s) will be required. There is a significant amount of trash in the project area; therefore, it is proposed to add risers or screens to stormwater outlets to capture trash where it’s needed and meet new requirements regarding the discharge of trash from our right of way. A copy of the signed cover sheet of Storm Water Data Report is included as Attachment I.
Storm Water Compliance. The City is enrolled under San Diego Regional Water Quality Control Board Order No. R9-2013-001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, NPDES No. CAS0109266 (Regional MS4 Permit) and any successor Regional MS4 Permit, and has developed and is implementing storm water programs consistent with the requirements of the Regional MS4 Permit. The BRT maintenance activities performed by the City shall be performed and reported in accordance with the Regional MS4 Permit. MTS is enrolled under the State Water Resource Control Board General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems Order No. 2013-0001-DWQ (Statewide Small MS4 Permit) and has developed and is implementing storm water programs consistent with the requirements of the Statewide Small MS4 Permit. BRT maintenance activities related to the transit station locations will be performed and reported by MTS, or their agent, in accordance with their Statewide Small MS4 Permit.
