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HM -1 - hazardous material (including, but not limited to, hazardous waste) that may <br />require removal and disposal pursuant to federal or state law existing prior to the <br />Project and not disturbed by the Project. <br />HM -2 - hazardous material (including, but not limited to, hazardous waste) that may <br />require removal and disposal pursuant to federal or state law only if disturbed by the <br />Project or as a result of the Project. <br />HM Management Activities - management activities related to either HM -1 or HM -2 <br />including, without limitation, any necessary manifest requirements, clean-up and <br />disposal facility designations. <br />Initial O &M Deposit - a transfer of ONE MILLION DOLLARS ($1,000,000) from <br />SANTA ANA to the O &M Account maintained by OCFCD in accordance with the <br />terms herein <br />John Wayne Airport ( "JWA" or "Airport ") — an airport established by ordinance of <br />the County of Orange Board of Supervisors pursuant to the laws of the State of <br />California and the federal government, which is operated on an enterprise basis at no <br />cost to the taxpayer. Although JWA is a department of the County of Orange, the <br />Parties agree JWA is not a Funding Partner to this Agreement, and as such is not <br />required to financially contribute to the Project, associated O &M or Reserve Fund, but <br />retains rights under this Agreement as a Project Representative and as otherwise <br />provided herein. <br />NPDES — National Pollutant Discharge Elimination System stormwater permit <br />program authorized by Section 402 of the Clean Water Act, 33 U.S.C. § 1251 et seq, of <br />1972, as amended, also referred to as a Municipal Separate Storm Sewer System <br />( "MS4 ") Permit. <br />OCSD - the Orange County Sanitation District. <br />OCWD Project Contribution - a one -time, lump -sum payment from Orange County <br />Water District (OCWD) of ONE MILLION DOLLARS and 00 /100 ($1,000,000.00) <br />toward the Project construction costs. <br />O &M —operation and maintenance. <br />O &M Contractor — a contractor under contract with OCFCD or COSTA MESA to <br />perform operation and maintenance on the Facility or portion thereof. <br />Santa Ana - Delhi Channel Diversion Project Agreement D15 -013 <br />25G -9 <br />Page 5 of 74 <br />