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Agreement No. MA-080-23010376 <br /> <br />Page 1 of 23 <br />Final for Approval <br />COOPERATIVE AGREEMENT TO FUND TOTAL MAXIMUM DAILY LOAD PROGRAMS AND <br />RELATED ACTIVITIES IN THE NEWPORT BAY WATERSHED <br /> <br />THIS AGREEMENT, for purposes of identification numbered MA-080-23010376, referred to <br />hereinafter as “Agreement”, is made and entered into this _____ day of _________, 2023 , by and between <br />the County of Orange (“County”), the Orange County Flood Control District, the City of Costa Mesa, the <br />City of Irvine, the City of Laguna Hills, the City of Laguna Woods, the City of Lake Forest, the City of <br />Newport Beach, the City of Orange, the City of Santa Ana, the City of Tustin, Irvine Ranch Water District , <br />and the Irvine Company. These entities are hereinafter sometimes jointly referred to as “Parties” and <br />individually as “Party.” City entities are hereinafter sometimes jointly referred to as “Cities.” The Cities, <br />County, and the Orange County Flood Control District are hereinafter sometimes jointly referred to as the <br />“Municipal Parties.” <br />RECITALS <br />WHEREAS, the California Regional Water Quality Control Board, Santa Ana Region (“Regional <br />Board”) adopted Resolution No. 98-9, as amended by Resolution No. 98-100, amending the Water Quality <br />Control Plan for the Santa Ana River Basin (“Basin Plan”) to incorporate a Nutrient Total Maximum <br />Daily Load (“TMDL”) for the Newport Bay/San Diego Creek Watershed on April 17, 1998 , and <br />Resolution 99-10 amending the Basin Plan to incorporate a TMDL for Fecal Coliform in Newport Bay on <br />April 9, 1999, pursuant to the provisions of Section 303(d) of the Clean Water Act, and Resolution 2018- <br />0041 amending the Basin Plan to incorporate a TMDL for Selenium in freshwater in Newport Bay <br />Watershed on September 20, 2018; and, <br />WHEREAS, the United States Environmental Protection Agency established technical TMDLs for <br />toxic pollutants (“Toxics TMDLs”) for San Diego Creek and Newport Bay, California, on June 14, 2002, <br />and the Regional Board has been in the process of developing implementation plans or updating these <br />Toxics TMDLs through separate Basin Plan processes, and Basin Plan amendments for Diazinon and <br />Chlorpyrifos TMDLs, the Organochlorines TMDLs, and the Selenium TMDL have been adopted, and <br />Basin Plan amendments for metals are in development; and,