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<br />2 <br />to provide for the control of flood and stormwater and protect from damage from <br />those flood or stormwater, the harbors, waterways, public highways, and property <br />within the DISTRICT’s jurisdiction; and <br />WHEREAS, the powers granted to the DISTRICT include the authority to <br />regulate discharges that threaten to impact its system and carry on technical <br />and other investigations, examinations, or tests of all kinds, making <br />measurements, collecting data, and making analyses, studies, and inspections <br />pertaining to water supply, control of floods, use of water, water quality, <br />nuisance, pollution, waste, and contamination of water, both within and without <br />the DISTRICT; and <br />WHEREAS, the California State Water Resources Control Board (“SWRCB”), as <br />designee of the EPA, has delegated authority to the California Regional Water <br />Quality Control Boards-Santa Ana Region (“RWQCB-SAR”) and San Diego Region <br />(“RWQCB-SDR”)(collectively, the RWQCBs) for administration of MS4 permits within <br />the boundaries of their regions; and <br />WHEREAS, the COUNTY, DISTRICT, and CITIES are PERMITTEES under MS4 permits <br />issued by the RWQCBs; and <br />WHEREAS, the RWQCBs have designated the COUNTY as the Principal PERMITTEE <br />or Principal Watershed Co-permittee, as defined in the MS4 permits; and <br />WHEREAS, the COUNTY, the DISTRICT and the CITIES previously entered into <br />that certain agreement entitled National Pollutant Discharge Elimination System <br />Stormwater Permit Implementation Agreement D90-094, on December 18, 1990, which <br />was subsequently amended on October 26, 1993 by Amendment No. 1 and then on June <br />25, 2002 (the December 18, 1990 Agreement as Amended by Amendment No. 1 and the <br />June 25, 2002 amendment will be referred to collectively hereinafter as the <br />ORIGINAL AGREEMENT), to cooperatively develop, and did thereunder develop, an <br />integrated stormwater runoff management program with the objective of fulfilling <br />MS4 permit requirements and improving water quality in Orange County (program