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Agreement D08-104 <br /> WHEREAS, the PARTIES have limited resources with which to address the <br /> <br /> implementation of the PLAN and it is recognized that any effective <br /> <br /> implementation of the PLAN will depend upon availability of funding sources <br /> <br /> at the regional, state and federal levels; and, <br /> WHEREAS, on September 25, 1985, the COOPERATIVE AGREEMENT was amended <br /> to add the City of Tustin as a participant; and, <br /> WHEREAS, on April 20, 1999, the COOPERATIVE AGREEMENT, then numbered <br /> D99-026, was amended to add the Orange County Flood Control District, the <br /> City of Lake Forest, the Regional Water Quality Control Board, Santa Ana <br /> Region, and the Irvine Ranch Water District as participants and the purpose <br /> of the agreements was expanded to include cooperative work on nutrient <br /> impairments and other common watershed issues in the NEWPORT BAY WATERSHED; <br /> and, <br /> WHEREAS, since the last amendment of the COOPERATIVE AGREEMENT in 1999 <br /> a number of changes affecting water quality regulation, funding and <br /> governance have affected the NEWPORT BAY WATERSHED including: <br /> 1. Total Maximum Daily Loads (hereinafter ~~TMDL" or ~~TMDLs") have been <br /> approved by the Regional Water Quality Control Board, Santa Ana <br /> Region for fecal coliform on April 9, 1999, diazinon and <br /> chlorpyrifos on April 4, 2003, and organochlorine pesticides on <br /> September 7, 2007, and by the United States Environmental Protection <br /> Agency for toxic pollutants on June 14, 2002. Additional TMDLs are <br /> in development. The organochlorine pesticides TMDL recognizes that <br /> pollutants other than the organochlorine compounds, such as metals, <br /> pyrethrins or other emerging pollutants may pose the more real or <br /> significant threat to beneficial uses in the watershed and allows <br /> stakeholders to pursue an integrated approach to TMDL implementation <br /> through development and implementation of a work plan that <br /> encompasses all sources of water quality impairment; and, <br /> - 2 - 8-26-09 <br /> 25B-4 <br /> <br />