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Agreement No. MA-080-23010376
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<br />Page 2 of 23
<br />Final for Approval
<br />WHEREAS, the Newport Bay Nutrient, Fecal Coliform, and Toxics TMDLs (collectively referred
<br />to as “Newport Bay TMDLs”) contain requirements for studies, monitoring, and the development of
<br />programs to attain TMDL targets over a multi-year period; and,
<br />WHEREAS, the Newport Bay TMDLs are included in the National Pollutant Discharge
<br />Elimination System Municipal Stormwater Permit (“NPDES Permit”), Order No. R8 -2009-0030, issued to
<br />the Municipal Parties by the Regional Board, which encourages a cooperative watershed program
<br />approach, and, as of the end of 2022, NPDES Permit, Order No. R8-2022-0008 is in development; and,
<br />WHEREAS, the Parties entered into Agreement No. D99-128 on September 18, 2003 and
<br />subsequent amendments on July 5, 2006, March 29, 2008, and July 8, 2010, to provide funding for the
<br />studies and implementation activities related to the Newport Bay TMDLs; and,
<br /> WHEREAS, the Parties subsequently entered into Agreement No. D11-066 on June 26, 2012 as a
<br />successor to Agreement No. D99-128, with a further amendment on October 20, 2015; and,
<br /> WHEREAS, the Parties subsequently entered into Agreement No. MA-080-18011416 on August
<br />14, 2018 as a successor to Agreement No. D11-066; and,
<br /> WHEREAS, the Parties intend this Agreement as a successor to Agreement MA-080-18011416, to
<br />provide for the performance of: additional studies, research, monitoring, reporting, development a nd/or
<br />revision of programs related to the Newport Bay TMDLs; assessment and development of programs
<br />related to current and future Clean Water Act §303(d) listings and/or NPDES Permit requirements for
<br />watershed management plans; actions in response to threats of administrative enforcement and citizen
<br />suits; and planning, permitting, design, construction, and maintenance of TMDL pilot projects; and ,
<br /> WHEREAS, the Parties have reached agreement on funding shares which are shown in Exhibit A;
<br />and,
<br />WHEREAS, the Parties share a common interest in the regulatory compliance gained through the
<br />activities to be funded and performed pursuant to this Agreement, and the Parties further acknowledge
<br />that: each Party is entering into this Agreement for such purpose; there are common issues/questions of
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