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File #: 21-0536    Version: 1
Type: Agenda Item Status: Adopted
File created: 6/7/2021 In control: Stormwater Management Committee
On agenda: 6/17/2021 Final action: 6/17/2021
Title: Authority to negotiate and enter into a Memorandum of Understanding with the Lake County Stormwater Management Commission recognizing authority of Lake County Stormwater Management Commission to regulate wetlands in areas of Cook County that are regulated under the Lake County Stormwater Management Commission’s Watershed Development Ordinance, and expressing continued support for Lake County Stormwater Management Commission’s flood warning and emergency response efforts

TRANSMITTAL LETTER FOR BOARD MEETING OF JUNE 17, 2021

 

COMMITTEE ON STORMWATER MANAGEMENT

 

Mr. Brian A. Perkovich, Executive Director

 

Title

Authority to negotiate and enter into a Memorandum of Understanding with the Lake County Stormwater Management Commission recognizing authority of Lake County Stormwater Management Commission to regulate wetlands in areas of Cook County that are regulated under the Lake County Stormwater Management Commission’s Watershed Development Ordinance, and expressing continued support for Lake County Stormwater Management Commission’s flood warning and emergency response efforts

Body

 

Dear Sir:

 

Authorization is requested to negotiate and enter into a Memorandum of Understanding (MOU) with the Lake County Stormwater Management Commission (LCSMC) under which the Metropolitan Water Reclamation District of Greater Chicago (District) will recognize LCSMC’s authority to regulate wetlands in Multi-County Municipalities in Cook County, where such municipalities have elected to administer the LCSMC Watershed Development Ordinance (WDO) throughout their corporate limits, including areas located in Cook County.

 

On April 3, 2014, the Board of Commissioners granted authority to negotiate intergovernmental agreements (IGAs) with multi-county municipalities interested in adopting and enforcing a respective collar county’s stormwater ordinance in lieu of the stormwater management provisions of the Watershed Management Ordinance (WMO) as stipulated in Article 2, Section 207 of the WMO. Twelve municipalities have entered into such agreements with the District to date, and of these, four enforce the LCSMC WDO throughout their corporate limits, included areas in Cook County.

 

On occasion, municipalities that enforce the WDO request review and investigation of wetlands and wetland impacts by LCSMC wetlands specialists. LCSMC wetland specialists’ authority does not currently extend to areas in Cook County. The proposed MOU will establish LCSMC wetlands specialists’ authority in the areas of Cook County that are regulated under the LCSMC WDO, under terms of a Multi-County Municipality IGA.

 

In addition, the proposed MOU will express the District’s support and continued coordination with LCSMC in its efforts to provide flood warning notifications and to secure funding for emergency response activities to areas within watersheds that cross the boundary between Lake and Cook Counties. The two agencies will also coordinate efforts related to stormwater planning in those watersheds with the exchange of relevant information and data.

 

Based on the foregoing, it is requested that the Board of Commissioners grant authority to negotiate and enter into a MOU with the LCSMC recognizing the authority of the LCSMC to regulate wetlands in areas of Cook County that are regulated under the WDO, and expressing continued support for LCSMC’s flood warning and emergency response efforts. It is further requested that the Chairman of the Committee on Stormwater Management, Executive Director, and Clerk be authorized to execute said MOU on behalf of the District upon approval by the Director of Engineering as to technical matters and by the General Counsel as to form and legality.

 

Requested, Catherine A. O’Connor, Director of Engineering, KMF:MD

Recommended, Brian A. Perkovich, Executive Director

Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for June 17, 2021