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1 <br /> <br /> 2 <br /> <br /> 3 <br /> <br /> 4 <br /> <br /> 5 <br /> <br /> 6 <br /> <br /> 7 <br /> <br /> 8 <br /> <br /> 9 <br /> <br />10 <br /> <br />11 <br /> <br />12 <br /> <br />13 <br /> <br />14 <br /> <br />15 <br /> <br />16 <br /> <br />17 <br /> <br />18 <br /> <br />19 <br /> <br />2O <br /> <br />21 <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />Agreement No. D99-128 <br /> <br />AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL) <br /> STUDIES IN THE NEWPORT BAY WATERSHED <br /> <br /> THIS AGREEMENT, for purposes of identification numbered D99-128, is made and <br />entered into this 18th day of September, 2003, by and between the County of Orange <br />("COUNTY"), the Orange County Flood Control District ("DISTRICT"), the City of Costa <br />Mesa ("COSTA MESA"), the City of Irvine ("IRVINE"), the City of Laguna Hills ("LAGUNA <br />HILLS"), the City of Laguna Woods ("LAGUNA WOODS"), the City of Lake Forest ("LAKE <br />FOREST"), the City of Newport Beach ("NEWPORT BEACH"), the City of Orange ("ORANGE"), <br />the City of Santa Aha ("SANTA ANA"), the City of Tustin ("TUSTIN"), the Irvine Ranch <br />Water District ("IRWD") and The Irvine Company ("TIC"). The thirteen entities are <br />hereinafter sometimes jointly referred to as the "PARTIES" and individually as <br />"PARTY". The cities are hereinafter sometimes jointly referred to as the "CITIES#. <br /> <br /> WITNESSETH <br /> <br /> WHEREAS, the California Regional Water Quality Control Board, Santa Ana Region <br />("REGIONAL BOARD") has adopted Resolution No. 98-9, as amended by Resolution No. 98- <br />100 amending the Water Quality Control Plan for the Santa Ana River Basin to <br />incorporate a Nutrient TMDL for the Newport Bay/San Diego Creek Watershed on April 17, <br />1998 and Resolution 99-10 amending the Water Quality Control Plan for the Santa Ana <br />River Basin to incorporate a TMDL for Fecal Coliform in Newport Bay on April 9, 1999 <br />pursuant to the provisions of section 303(d) of the Clean Water Act; and, <br /> <br /> WHEREAS, the United States Environmental Protection Agency (USEPA) has <br />established TMDLs for toxic pollutants, San Diego Creek and Newport Bay, California on <br />June 14, 2002, and the REGIONAL BOARD is developing implementation plans for each of <br />the toxic pollutants; and, <br /> <br /> WHEREAS, the adopted TMDLs contain requirements for studies, monitoring and the <br />development of programs to attain TMDL reduction targets over a multi-year period; <br />and, <br /> <br /> WHEREAS, the PARTIES intend this AGREEMENT to provide for the performance of <br />studies, monitoring and development of programs and funding therefore for a period <br />through to June 30, 2008 after which it is recognized that additional agreements may <br /> <br /> <br />