25D - AGMT - TOXICS PRG NEWPORT BAY WATERSHED

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Agreement No. Dll -066 WHEREAS, the adopted TMDLs contain requirements for studies, monitoring, and the development of programs to attain TMDL reduction targets over a multi -year period; and, WHEREAS, these TMDLs are included in the National Pollutant Discharge Elimination System ( "NPDES') Municipal Permit Order No. R8- 2009 -0030 that require a cooperative watershed program; and, WHEREAS, the ORIGINAL PARTIES entered into Agreement No. D99 -128 on September 18, 2003 and subsequent amendments on July 5, 2006, March 29, 2008 and July 8, 2010 to provide funding for the Nutrient, Fecal Coliform, and Toxics Total Maximum Daily Load (TMDL) studies in the Newport Bay Watershed; and, WHEREAS, the PARTIES intend this AGREEMENT as a successor to Agreement No. D99 -128 to provide for the performance of studies, research, monitoring, development and /or revision of programs related to the adopted TMDLs for nuixients, fecal coliform and toxics and current and future Clean Water Act §303(d) listings, as well as planning, permitting, design, construction, and maintenance of TMDL pilot projects ( "PILOT PROJECTS "); and WHEREAS, the PARTIES have reached agreement on a funding formula which is shown in Exhibit A; and WHEREAS, in the event that long -term watershed funding is secured prior to AGREEMENT expiration, the PARTIES intend to amend the AGREEMENT to incorporate this funding through revised cost share allocations; and, WHEREAS, it is recognized that regulatory compliance gained through the activities herein apply to all PARTIES equally, and WHEREAS, it is recognized that additional compliance efforts may be necessary and the PARTIES may choose to fund projects under separate agreements; and NOW, THEREFORE, in consideration of the foregoing, the PARTIES agree as follows: Page 2 of 22 25D -6