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HomeMy WebLinkAboutIdaho Department of Environmental Quality for Motor Vehicle Inspection and Maintenance Program- .C~Op~ MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM JOINT POWERS AGREEMENT WHEREAS, Idaho Code Sections 67-2328 through 2333, provide for certain joint powers and activities between public agencies within the state of Idaho Department of Environmental Quality; WHEREAS, Idaho Code Section 39-116B, provides for the implementation of a motor vehicle inspection and maintenance program in certain areas when certain conditions are met. If an airshed, as defined by the Department of Environmental Quality (DEQ), within a metropolitan statistical area, as defined by the United States office of management and budget, has ambient concentration design values equal to or above 85% of a national ambient air quality standard for three consecutive years and DEQ determines air pollutants from motor vehicles constitute one of the top two emission sources contributing to the design value of 85%, then DEQ is required to promulgate a rule that establishes minimum standards for a motor vehicle inspection and maintenance program for that area. Additionally, DEQ is required to provide the county commissioners and city councils within the area, with a due date of 120 days, the option to (1) enter into a joint exercise of powers agreement to develop a standardized inspection and maintenance program, or (2) propose to DEQ to implement an alternative motor vehicle emission control strategy that will result in emissions reductions equivalent to that of a vehicle emission inspection program. If DEQ determines that the emissions reductions of the alternative motor vehicle emission control strategy are not equivalent, or no equivalent reductions are proposed, DEQ or its designee shall implement a motor vehicle inspection and maintenance program; WHEREAS, DEQ determined the Treasure Valley metropolitan statistical area met the conditions under Idaho Code Section 39-116B. As a result, DEQ promulgated a rule establishing the minimum standards for a motor vehicle inspection program, IDAPA 58.01.01.517 through 525, Rules for the Control of Air Pollution in Idaho. Ada county and the cities of Boise, Eagle, Star, Garden City and Meridian have chosen to enter into this joint exercise of powers agreement with DEQ; WHEREAS, the county and cities signatory to this Agreement desire to continue to implement and administer the existing motor vehicle inspection and maintenance program established in 1984, updated in 1991 and 1999, recognized in the Northern Ada County Carbon Monoxide Limited Maintenance Plan, 67 Fed. Reg. 65713 (October 28, 2002), incorporated in 40 CFR Sections 52.670(c) (city and county ordinances) and 52.670(e) (nonattainment area plans), and updated again in December 2009. The existing program was established pursuant to a document entitled, Automotive Inspection and Readjustment Program Joint Powers Agreement, a true and correct copy of which is attached hereto as Attachment A. The Agreement provides for the establishment of an Air Quality Board to operate the program. The Air Quality Board adopted emissions testing rules and regulations, and Ada County, and the cities of Boise, Eagle, Star, Garden City and Meridian adopted enforceable ordinances that require emissions testing; NOW, THEREFORE, the undersigned hereby agree to the following terms and conditions of this Agreement. Term. The term of this Agreement shall commence on the date of execution as evidenced by the fu1a1 signatory and remain in effect until either DEQ or the county and cities signatory terminates the agreement. DEQ, Ada County and the cities of Boise, Eagle, Garden City, Star and Meridian agree to work cooperatively to ensure motor vehicle inspection and maintenance testing now and in the future meets all legal requirements. 2. Idaho Code Section 39-116B and IDAPA 58.01.01.517 through 525, Rules for the Control of Air Pollution in Idaho. The Air Quality Board created under Attachment A, Ada County and the cities of Boise, Eagle, Garden City, Star and Meridian, shall adopt such rules or ordinances as necessary to ensure the requirements of Idaho Code Section 39-116B and IDAPA 58.01.01.517 through 525 are met. 3. Funding. Idaho Code Section 39-116B(2)(g) provides the fee for a motor vehicle inspection shall not exceed $20 per vehicle. The fee must cover the costs necessary to run the program and fund an air quality public awareness and outreach program. The county and cities signatory agree to fund a public awareness and outreach program. 4. Enforcement. Each public agency, through execution of this Agreement, agrees to the enforcement of said ordinances, where applicable, within its respective jurisdiction. Each public agency shall ensure compliance with Idaho Code Section 39-116B(4), relating to providing information to the Idaho Transportation Department. 5. Adoption. This Agreement shall therefore be executed and adopted by each public agency in accordance with all applicable statutory requirements. An action of the Board shall be subject to compliance with all state and federal laws applicable to municipalities and counties within the state of Idaho. 6. Exchange of Information. The county and cities signatory and DEQ agree to share information and work together to ensure a high level of customer service to members of the public. Ada County hereby agrees that DEQ will send testing information to those motor vehicle owners with a City of Kuna mailing address. 7. Subject to the limits of liability specified in the Idaho Tort Claims Act, county and cities signatory shall indemnify and save and hold harmless DEQ from and for any and all losses, claims, actions or judgment for damages or injuries to persons or property or losses and expenses caused by or incurred by county or cities signatory, their servants, agents, employees and independent contractors or any other person, firm, partnership, company, corporation or association hired, retained or employed by city or counties signatory to perform or to do any act or thing herein required of county or cities signatory. GI'I'Y OF S BY~ ~ -- David H. Bieter, yor DATED: 6/8/ 1 ATTEST: ra ro Citp C erk CITY OF GARDEN Y By: John Evans, Mayor DATED: CITY OF MERIDIAN By: Tammy de Weerd, Mayor DATED: ADA C TY COMM TONERS ., By: By~ red Tilman DATED: I~7 5 I ~ DA' By: _~~~~ Rick Yzagu e DATED: IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY ~a.s ~--i By: t Toni Hardesty, Director CITY OF EAGLE Michael Huffaker, {Acting) Mayor By: DATED: CITY OF STAR Nathan Mitchell, Mayor By: DATED: DATED: (a ~ d ~c~ CITY OF I30ISE By: David H. Bieter, Mayor DATED: CITY OF GA N Y By: Jo Evans, ayor DATED: _ °~,~ ~ ~ ~~/~ CITY OF MERIDIAN By: Tammy de Weerd, Mayor DATED: ADA COUNTY COMMISSIONERS By: Fred Tilman DATED: By: Rick Yzaguirre DATED: CITY OF EAGLE By: Michael Huffaker, (Acting) Mayor DATED: CITY OF STAR By: Nathan Mitchell, Mayor DATED: By: Sharon M. Ullman DATED: IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY By: Toni Hardesty, Director DATED: CITY OF BOISE Bv: David H. Bieter, Mayor DATED: CITY OF GARDEN CITY Bv: John Evans, Mayor DATED: CITY OF EAGLE By: Michael Huffaker, (Acting) Mayor DATED: CITY OF STAR By: Nathan Mitchell, Mayor DATED: CITY OF MERIDIAN ~,~~~~y ©~ ~~'J~/,Q~~''%,~ c3~ ~oaP~+ rFO 'y '~ By: e Tammy de e rd, Mayor = s~~,.I, DATED: ' ~(p ,~ DIO ~'G~, ,~~°~ ~ /,/ ~ `~~ `e`\~ '9~ ~T 1S'~ ' ~: ADA COUNTY COMMISSIONERS ~~~~'~~ COUN~~ ~ ``~~\ By: By: Fred Tilman Sharon M. Ullman DATED: DATED: Bv: Rick Yzaguirre DATED: IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY By: Toni Hardesty, Director DATED: CITY OF BOISE By: David H. Bieter, Mayor DATED: CITY OF GARDEN CITY By: John Evans, Mayor DATED: CITY OF MERIDIAN By: Tammy de Weerd, Mayor DATED: ADA COUNTY COMMISSIONERS By: Fred Tilman DATED: By: Rick Yzaguirre DATED: CITY OF EA,,GLE By: ~`,,~~ _ ,.ti Michael Huffal cting) Mayor DATED: _ ~ - ~ ~ _ /(~ CITY OF STAR By: Nathan Mitchell, Mayor DATED: By: Sharon M. Ullman DATED: IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY By: Toni Hardesty, Director DATED: r CITY OF BOISE By; David H. Bieter, Mayor DATED: CITY OF GARDEN CITY By: John Evans, Mayor DATED: CITY OF STAR By: _ Nathan Mitchell, Mayor DATED: ~ f~l'~ l ~ `~ ~() CITY OF EAGLE By: Michael Huffaker (Acting) Mayor DATED: CITY OF MERIDIAN By: Tammy de Weerd, Mayor DATED: IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY By: Toni Hardesty, Director DATED: STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 1410 North Hilton • Boise, Idaho 83706 • (208) 373-0502 November 5, 2010 The Honorable Tammy de Weerd City of Meridian Mayor's Office 33 East Broadway Avenue Meridian, Idaho 83642 Re: Vehicle Inspection and Maintenance Program Idaho Code Section 39-I16B Dear Mayor de Weerd: C.L. "Butch" Otter, Governor Toni Hardesty, Director Enclosed please find, for your records, a copy of the Motor Vehicle Inspection and Maintenance Program Joint Powers Agreement executed by all cities, Ada County Commissioners and myself. Thank you for your cooperation. Sincerely, ~r T//oni Hardesty Director TH:ra