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MEMORANDUM OF AGREEMENT
JURISDICTION SEVEN
(SANTA MONICA BAY BACTERIAL TMDL IMPLEMENTATION)
This Memorandum of Agreement ("Agreement") is made and entered into by and
between the public entities (the "Responsible Agencies") whose names are set forth on
Exhibit A, attached hereto and incorporated herein by this reference. The Responsible
Agencies are sometimes referred to herein singularly as "Party" and collectively as
"Parties."
WITNESSETH:
The Parties hereto do agree as follows:
Section 1. Recitals. This agreement is made and entered into with respect to
the following facts:
A. The federal Clean Water Act ("CWA") requires the California Regional Water
Quality Control Board, Los Angeles Region ("Regional Board") to develop water quality
standards, which include beneficial use designations and criteria to protect beneficial
uses for each water body found within its region.
B. Section 303(d) of the CWA requires, among other things, that states identify and
prepare a list of water bodies that do not meet water quality standards. Section 303(d)
further requires that states establish load and waste load allocations, or a total
maximum daily load ("TMDL"), for each water body that will ensure attainment of water
quality standards and then to incorporate those allocations into their water quality
control plans.
C. Many of the beaches along Santa Monica Bay were listed on California's 1998
Section 303(d) list, due to impairments for coliform or for beach closures associated
with bacteria generally. The beaches appeared on the 303(d) list because the elevated
bacteria and beach closures prevent full support of the beaches' designated use for
water contact recreation ("REC-1").
D. On December 12, 2002, the Regional Board adopted Resolution No. 2002-022
("Resolution 2002-022") establishing the limit for the Total Maximum Daily Loads for
bacteria during wet weather for Santa Monica Bay Beaches ("Bacteria TMDL"), a true
and correct copy of which is attached as Exhibit D hereto and incorporated herein.
E. The Santa Monica Bay Beaches Dry-Weather and Wet-Weather TMDL became
effective on July 15, 2003.
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F. The Bacteria TMDL addresses documented bacteriological water quality
impairments at 44 beaches from the Los AngelesNentura County line (to the northwest)
to Outer Cabrillo Beach (just south of the Palos Verdes Peninsula).
G. The Bacteria TMDL provides for a monitoring plan to be submitted to the
Regional Board for approval.
H. On April 28, 2004, the Regional Board approved the Santa Monica Bay Beaches
Bacterial TMDLs' Coordinated Shoreline Monitoring Plan ("Monitoring Plan") submitted
by the Counties of Los Angeles and Ventura, Caltrans, California Department of Parks
and Recreation, Cities of Los Angeles, Calabasas, Santa Monica, El Segundo, Rancho
Palos Verdes, Palos Verdes Estates, Redondo Beach, Rolling Hills, Rolling Hills
Estates, Manhattan Beach, Hermosa Beach, Culver City, West Hollywood, Beverly Hills,
Agoura Hills, Thousand Oaks, Westlake Village, Simi Valley, Hidden Hills, Inglewood,
and Torrance (collectively herein referred to as "Municipalities", or individually as
Municipality).
I. In addition to establishing TMDLs for Santa Monica Bay, Resolution 2002-022
also: (1) divided Santa Monica Bay into seven jurisdictional groups; (2) assigned
communities and other responsible jurisdictions to the seven jurisdictions; and (3)
assigned lead agencies ("Primary Jurisdictions") for each jurisdiction and; (4) identified
responsible agencies within those Jurisdictional Groups.
J. For the purposes of implementing the TMDLs, Resolution 2002-022 defines
"responsible jurisdictions" as: (1) local agencies that are responsible for discharges from
a publicly owned treatment works to the Santa Monica Bay watershed or directly to the
Bay; (2) local agencies that are permittees or co-permittees on a municipal storm water
permit; (3) local or state agencies that have jurisdiction over a beach adjacent to Santa
Monica Bay; and (4) the California Department of Transportation pursuant to its storm
water permit. Resolution 2002-022 additionally defines "primary jurisdiction" as the
jurisdiction comprising greater than fifty percent (50%) of the land area in a
subwatershed.
K. Each of the seven jurisdictions is comprised of a group of associated subwatersheds
and beach monitoring locations. Jurisdiction Seven consists of the Palos Verdes
Peninsula Subwatershed and includes the following seven agencies: the cities of Los
Angeles, Palos Verdes Estates, Rancho Palos Verdes, Rolling Hills, Rolling Hills
Estates, the County of Los Angeles and the Los Angeles County Flood Control District.
The City of Rancho Palos Verdes ("RPV") is the Primary Jurisdiction for Jurisdiction
Seven.
L. The Parties identified herein as comprising Jurisdiction Seven are willing to enter
into this Agreement to cooperatively implement a monitoring program that is consistent
with the Monitoring Plan and provisions of the Bacteria TMDL.
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M. The Parties identified herein as comprising Jurisdiction Seven further set forth
their willingness to enter into this Agreement to devise voluntary implementation plans
consistent with the provisions of the Bacteria TMDL, including the submission of a
written draft implementation plan no later than twenty (20) months after the effective
date of the Bacteria TMDL ("Draft Implementation Plan") and a final written report ("Final
Implementation Plan") no later than two (2) years after the effective date of the Bacteria
TMDL (collectively "Implementation Plan").
N. To facilitate a coordinated, cooperative and cost-effective program that is
consistent with the Bacteria TMDL, the Parties have agreed to contribute funds to
Rancho Palos Verdes, who will contract with a Consultant for the preparation of the
Implementation Plan. The Parties agree that the formula, set forth in Exhibit "B" will be
used to calculate each of the Parties' share of financial contribution to prepare the
Implementation Plan, and any amendments or corrections thereto, required by the
Regional Board.
O. The Parties further desire to set forth their respective duties and obligations with
respect to implementing the TMDL and the water quality standards set forth in the Basin
Plan and to provide RPV, the Primary Jurisdiction for Jurisdiction Seven, with the
necessary authority to conduct sampling at the monitoring site(s) identified in the
Monitoring Plan.
P. The Monitoring Plan identifies all the monitoring locations, the type of monitoring and
the frequency of monitoring. The Regional Board approved the Monitoring Plan on April
28, 2004.
NOW, THEREFORE, in consideration of the mutual benefit and promises made herein,
the Parties do hereby agree as follows:
Section 2. Purpose of MOA.
2.1 Purpose of MOA:
A. The Parties agree that the purposes of this Agreement is to
cooperatively and voluntarily devise and jointly fund an implementation program that is
consistent with the provisions of the Bacteria TMDL which has included the
development and submittal of a Implementation Plan by July 15, 2005 and to share the
costs associated with the development of that Implementation Plan.
B. The Parties also agree that an additional purpose of this Agreement is
to memorialize the Parties' willingness to coordinate the payment and performance of
Monitoring Services that are consistent with the provisions of the Monitoring Plan and
the Bacteria TMDL. The parties recognize and acknowledge that this Agreement and
the work being accomplished hereunder are being undertaken on a voluntary basis.
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C. This Agreement is voluntarily entered into for the development of a
cost effective and a well-coordinated Implementation Plan consistent with the provisions
of the Bacteria TMDL, to establish the roles of the Responsible Agencies to conduct
monitoring identified in the Monitoring Plan, and to address the cost sharing among the
Responsible Agencies for the retention of a consulting team by Rancho Palos Verdes
for development of an Implementation Plan that is consistent with the goals of
Jurisdiction Seven and the Bacteria TMDL.
D. The Responsible Agencies also agree that an additional purpose of
this Agreement is to initiate an investigation to attempt to identify the source of problems
at beach locations that are determined to be out-of-compliance by the Regional Board.
2.2 "Maximum Extent Practicable" Standard. Nothing in this MOA, nor the
Work, nor any activity approved or carried out by the Parties hereunder, shall be
interpreted as a waiver of the position that the efforts to be undertaken by the Parties
are subject to the "Maximum Extent Practicable" standard set forth in the Clean Water
Act(33 U.S.C. Section 1251 et seq.)
Section 3. Term. The Term of this Agreement shall commence upon
execution of this Agreement, as defined hereinafter, and shall continue in full force and
effect through the completion of the ten-year implementation period for non-integrated
approaches which concludes on July 15, 2013. Notwithstanding the foregoing, a party
may withdraw from this agreement in accordance with the provisions of Section 7.8 of
this Agreement, below
Section 4. Joint Obligations. The Responsible Agencies hereto acknowledge
and agree that, pursuant to Resolution No. 2002-022, the Parties are jointly responsible
to do the following:
(a) In accordance with the schedule set forth in the Monitoring Plan for
Jurisdiction Seven, Jurisdiction Seven has elected to have the County Sanitation
Districts of Los Angeles County (the "Sanitation Districts") conduct systematic sampling,
in accordance with the schedule set forth in the Monitoring Plan approved by the
Regional Board. As of the Effective Date of this Agreement, the Sanitation Districts
have indicated a willingness to perform this service for Jurisdiction Seven at no cost to
the member agencies. However, nothing in this Agreement shall prohibit the Sanitation
Districts from imposing a charge for such services in the future. In the event the
Sanitation Districts subsequently decides to impose a charge for performing the
services described above, the Responsible Agencies shall meet to determine whether
to continue to utilize the Sanitation Districts to perform said services or to solicit bids
from independent contractors for such services.
(b) In accordance with standards to be determined by all Jurisdictions
(Jurisdictions one through seven as defined in the Bacteria TMDL), Jurisdiction Seven
will initiate an investigation to attempt to identify the source of problems at beach
locations that are determined to be out-of-compliance by the Regional Board. The
Source Investigation Cost Sharing is set forth in Exhibit C.
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When conducting Source Identification (SID) Investigations, Jurisdiction Seven shall use
the SID Protocol being developed by the Technical Steering Committee (TSC) and the
Southern California Coastal Water Research Project(SCCWRP) or Jurisdiction Seven
will develop a consistent protocol to be used by all agencies during investigations.
Once a source\drain has been identified, the responsible agencies for that drainage
area will conduct any further investigations and perform mitigation, in accordance with
Exhibit C. In addition, the responsible agencies shall provide written documentation of
the source identification investigation and mitigation activities. All written documentation
shall be compiled and sent to the agencies annually.
(c) Develop an Implementation Plan for Jurisdiction Seven outlining
how the Responsible Agencies intend to cooperatively achieve compliance with the
TMDL and submit said plan to the Regional Board for review and approval. The
Implementation Plan shall include implementation methods, an implementation
schedule, and proposed milestones, and shall establish a final compliance date of not
more than 10 years from the effective date of the TMDL. In addition, the
Implementation Plan shall ensure compliance with the anti-degradation provision set
forth in Resolutions No. 2002-004 and 2002-022.
(d) Establish compliance deadlines for achieving the goals of the
TMDL and the adopted water quality objectives to comply with Resolution No. 2002-004
and 2002-022 set forth in Exhibit D.
(e) Prepare and submit reports and documents as are requested by the
Regional Board Resolution No. 2006-008.
Section 5. Contracting and Funding
5.1 Sharing of Costs.
(a) The Responsible Agencies hereby agree to share the cost of
developing an Implementation Plan, performing the services identified in the Monitoring
Plan, and preparing and submitting associated reports and documents based on the
percentage of land area within the jurisdictional boundaries of each Party that is within
the land area of Jurisdictional Group Seven. The breakdown of land area by
Responsible Agency and the exact share for each Party is set forth in Exhibit B,
attached hereto and incorporated herein by this reference. Any funding arrangement
reached by the Parties shall apply to the tasks set forth in section 4, above, but shall not
extend to any source control activities, as defined in the NPDES Permit, which shall be
the responsibility of the individual agency in which the source is located. All Parties
agree, except for additional costs that may be incurred as set forth in Section 5.3(b),
that the total cost associated with the Agreement, including the preparation and
submittal of the Implementation Plan, any amendments or corrections to this
Implementation Plan thereto required by the Regional Board, performance of the
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activities identified in the Monitoring Plan, including source investigations, when
necessary, the review and summarization of the data contained within the County
Sanitation Districts of Los Angeles County's monthly monitoring reports, activities
related to joint activities such as watershed stakeholder meetings, discussions with and
presentations to the Regional Board and other applicable regulatory agencies, and
attendance at the Technical Steering and Ad Hoc Committee Meetings and other similar
meetings, shall not exceed $30,000 per year and no party shall be required to expend
more than its respective percentage share of $30,000, as determined in accordance
with Exhibit B, unless express written consent is obtained from all Parties to amend this
Agreement to increase the total authorized annual cost. If the total annual cost share
amount of $30,000 is not spent during a particular year, the excess amount will be
carried over to the next year. For this subsequent year, the agencies will only be
invoiced for their percentage of the $30,000 (subtracted by the excess amount).
Notwithstanding the foregoing, the Responsible Agencies understand and hereby
acknowledge that a source investigation protocol is being developed for all seven
Jurisdictions by the TSC and the SCCWRP and cost estimates and limitations may
need to be revised once that protocol is completed.
(b) The Parties agree that Rancho Palos Verdes (RPV) will contract
with a consultant to assist in the development of an Implementation Plan that is
consistent with the goals of the Jurisdiction Seven and consistent with the Bacteria
TMDL. Rancho Palos Verdes contract with the consultant shall incorporate Rancho
Palos Verdes contracting requirements and policies. The contract shall recite, however,
that while it is for the benefit of all of the Parties the consulting agency shall look solely
to Rancho Palos Verdes for payment.
(c) RPV shall be responsible for coordinating the activities with the
hired consultant to ensure that the Implementation Plan and all related deliverables, to
be specified in a Scope of Work agreed upon by the Parties in the manner provided
herein, are being delivered on time and within budget.
(d) RPV shall be responsible for coordinating the activities with the
County Sanitation Districts of Los Angeles County to conduct the monitoring and annual
reporting in accordance with the approved Monitoring Plan.
5.2 Duties and Obligations of Responsible Agencies. Each Responsible
Agency hereby agrees:
(a) To provide sufficient funds to cover its share of the costs as seen in
Exhibit B for area distribution, to develop an Implementation Plan, perform the services
identified in the Monitoring Plan, and conduct source investigations.
(b) Within thirty (30) days of the Effective Date of this Agreement, the
Primary Jurisdiction (RPV) will invoice each Responsible Agency for its share of the
estimated costs for the current fiscal year of developing the Implementation Plan,
obtaining Regional Board approval of the Monitoring Plan, and performing the services
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identified in the Monitoring Plan once approved by the Regional Board. Each
responsible Agency shall deposit its funds with RPV within 45 days of receipt of the
written invoice. If the Responsible Agency's actual share for initial costs exceeds the
amount the Responsible Agency deposited with the Primary Jurisdiction, the
Responsible Agency shall deposit any additional funds necessary to cover its annual
share within forty-five (45) days of receipt of a written invoice from RPV for such
additional funds.
(c) On or about July 1 of each year that this Agreement remains in
effect, RPV will invoice each Responsible Agency for its annual share of the estimated
costs for the upcoming fiscal year. Each responsible Agency shall deposit its funds with
RPV within 45 days of receipt of the written invoice. If the Responsible Agency's actual
share for any fiscal year exceeds the amount the Responsible Agency deposited with
the Primary Jurisdiction, the Responsible Agency shall deposit any additional funds
necessary to cover its annual share within forty-five (45) of receipt of an invoice from
RPV for such additional funds.
(d) To promptly review and approve any drafts or plans for the
Implementation Plan and any changes or amendments thereto in accordance with the
deadlines established by RPV to comply the deadlines set by the Regional Board.
(e) To meet and confer with RPV and the other Responsible Agencies
as necessary to ensure the orderly progress and completion of the Implementation
Plan.
5.3 Authority of Primary Jurisdiction. RPV is hereby authorized to take the
following actions to implement and carry out this Agreement:
(a) To act as lead agency by retaining consultants to assist the
Responsible Agencies with development of the Implementation Plan.
(b) To coordinate the activities with the County Sanitation Districts of
Los Angeles County in conducting the monitoring and annual reporting in accordance
with the Monitoring Plan. If the County Sanitation Districts of Los Angeles County is
unable to perform the required services, or begins assessing a fee, RPV will call for a
meeting of the Responsible Agencies for the purpose of discussing the hiring of an
alternate contractor. RPV may use the City of Los Angeles' monitoring services, or if
the City of Los Angeles's services are not available, an equivalent private contractor
which will be selected following RPV's standard procurement procedures, as an interim
measure and all Parties hereby agree to pay their respective share in accordance with
the allocation percentages as shown in Exhibit B until a permanent replacement
contractor can be selected.
(c) To coordinate the development of the Implementation Plan.
(d) To submit timely Jurisdiction Seven's Implementation Plan to the
Regional Board for review and approval.
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(e) To coordinate the timely review and approval of the draft plans,
specifications, and establish a schedule for the Implementation Plan and provide a
reasonable time for review and comment by the appropriate officials for each
Responsible Agency, and any changes or amendments thereto.
(f) To provide invoices to each Responsible Agency within 30 days of
the beginning of each fiscal year requesting prompt remittance of its respective share in
accordance with Exhibit B of the estimated annual costs for developing an
Implementation Plan, performing the services identified in the Monitoring Plan, and
conducting source investigations.
(g) To establish a separate account to be used for the sole purpose of
administering the funds for this Agreement.
(h) To provide an annual accounting of revenue and expenditures to
each Responsible Agency within 30 days of the close of the fiscal year. If any
Responsible Agency's deposit required by subsection 5.2 (b) of this Section exceeds its
actual share of the annual costs of implementing and complying with the water quality
objectives and the TMDL, RPV shall credit the difference against the Responsible
Agency's estimated annual share of the costs for the upcoming fiscal year unless the
Responsible Agency has withdrawn from the Agreement as provided in Section 7
herein, in which case RPV shall refund the difference to the Responsible Agency.
(i) To provide an annual summary of the prior year's performance under
the Agreement. Said summary shall, at a minimum, show:
(1) any changes in water quality in the receiving waters (including
changes in exceedance days compared to historical data; the proportion
of wet weather days that exceed the water quality objectives by storm year
as defined by the TMDL; and corresponding rainfall data as set forth in the
Santa Monica Bay Beaches Bacterial TMDL's Coordinated Shoreline
Monitoring Plan); (2) investigations and corrective actions taken to
address unanticipated exceedances, if any; (3) documentation on changes
and refinements to the Implementation Plan based on the results of
shoreline monitoring data; and (4) other investigations conducted under
the Implementation Plan.
Section 6. Violations. Any violations disclosed by the Monitoring Plan shall be
handled in accordance with this Section 6.
6.1 Violations. If the Responsible Agencies or Regional Board determine
that a beach location is out-of-compliance (excluding the routine follow-up monitoring
that will be conducted by the Los Angeles County Sanitation districts), the Responsible
Agencies shall initiate an investigation to specifically identify the problem in accordance
with the standards to be determined by all the Jurisdictions (Jurisdictions one through
seven as defined in the Bacteria TMDL) and shall share the costs of such investigation
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as set forth in Exhibit C. The Responsible Agencies hereby acknowledge that, as of the
Effective Date of this Agreement, a source investigation protocol has not been
developed. However, the Responsible Agencies understand that a source investigation
protocol is being developed by the Technical Steering Committee and the Southern
California Coastal Waters Research Project for all seven Jurisdictions and hereby agree
to follow such protocol once it has been developed. In the event that the Responsible
Agencies are required to conduct an investigation before an investigative standard has
been developed, such investigation shall follow existing standard investigative
protocols, but, at a minimum, the investigation shall be pursuant to protocols
established under Water Code Section 13178 and shall include the Sanitary Survey
protocol per the June 2002, USEPA "National Beach Guidance and Required
Performance Criteria for Grants", Appendix G, as amended from time to time. The
Responsible Agencies shall submit their findings to the Regional Board in accordance
with the Porter-Cologne Water Quality Control Act.
6.2 Allocation of Costs. The Responsible Agencies shall share the cost as set
forth in Exhibit C.
Section 7. General Provisions
7.1 Notices. Any notices, bills, invoices, or reports relating to this Agreement,
and any request, demand, statement or other communication required or permitted
hereunder shall be in writing and shall be delivered to the Representatives of the Parties
at the addresses set forth in Exhibit A attached hereto. A notice shall be deemed to
have been received on (a) the day of delivery, if delivered by hand during regular
business hours or by confirmed facsimile during regular business hours; or (b) on the
third business day following deposit in the United States mail, postage prepaid to the
addresses set forth in Exhibit A attached hereto.
7.2 Relationship of the Parties. The Parties are, and shall at all times remain
as to each other, wholly independent entities. No Party to this Agreement shall have
power to incur any debt, obligation, or liability on behalf of any other Party or otherwise
act as an agent of any other Party except as expressly provided to the contrary by this
Agreement. No Party shall, at any time, or in any manner, represent that it or any of its
officers, agents or employees are in any manner employees of any other Party to this
Agreement.
7.3 Administration. For the purposes of this Agreement, the Parties hereby
designate as their respective Party Representatives the persons set forth in Exhibit A.
The designated Party Representatives, or their respective designees, shall administer
the terms and conditions of this Agreement on behalf of their respective Party.
7.4 Cooperation; Further Acts. The Parties shall cooperate fully with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
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7.5 Amendments. This Agreement may be amended by all the members of
the Parties, except that the terms of any proposed amendment shall be transmitted in
writing to the Chair at least thirty (30) days prior to the date of a Work Meeting or, if the
proposed amendment is to be considered at an Emergency Meeting, the terms of such
amendment shall be transmitted in writing to the Chair at least five (5) business days
prior to the date of the Emergency Meeting. To be effective, all amendments must be in
written form and executed by all Parties.
7.6 Execution in Counterparts. This Agreement may be executed
simultaneously in counterpart, each of which shall be deemed an original, but together,
shall constitute but one and the same instrument.
7.7 Effective Date. The effective date ("Effective Date") of this Agreement
shall be the latest date of execution by a Responsible Agency. This Agreement shall be
binding upon and shall inure to the benefit of the respective successors, heirs and
assigns of each Responsible Agency.
7.8 Withdrawal From the Agreement. A Responsible Agency may withdraw
from this Agreement upon 60 days advanced written notice to the Parties. The
withdrawing Party will be responsible for its respective share, as determined in
accordance with Exhibit B, of the cost associated with the work that has been
completed through and including the date of withdrawal. The remaining cost shares and
additional cost shares resulting from the withdrawal of a Party will be distributed among
the remaining Parties according to their proportional cost share as set forth in Exhibit B.
All Parties understand, acknowledge, and agree that withdrawal from the Agreement
shall terminate any responsibility, liability or obligation resulting from this Agreement
commencing from the date of withdrawal. A Party who withdraws from the Agreement
shall remain liable for any loss, debt, liability otherwise incurred while participating in
this Agreement.
7.9 Grant of Mutual Access Rights. During the term of this Agreement, each
of the Parties hereby grants to the other Parties the right of access and entry to all
storm drains, creeks, beaches, and existing monitoring stations at beaches subject to
this Agreement (the "Property") at all reasonable times for the purpose of discharging
the duties and obligations described in this Agreement. Prior to exercising said right of
entry, the entering Party shall provide reasonable written notice to the Party who owns
the Property. For the purposes of this provision, written notice shall include notice
delivered via email. All notices provided pursuant to this Article shall be delivered to the
Party Representative at least 48 hours in advance of entry onto the Property and must
receive confirmation from the Party that entry may proceed onto the Property. Each
entering Party shall indemnify, defend and hold harmless each other, their Special
Districts, elected and appointed officers, employees, and agents from and against any
and all liability, including but not limited to demands, claims, actions, fees, costs, and
expenses (including attorney and expert fees), arising from or connected with the entry
onto the Property and Work performed on said Property by the entering Party.
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7.10 Indemnification. Pursuant to Government Code Section 895.4, each
Responsible Agency hereby agrees to indemnify, hold harmless, and defend each other
Responsible Agency, including Special Districts, and their respective elected and
appointed officials, officers, employees, and agents from any and all liability, including
but not limited to demands, claims, actions, fees, costs, and expenses (including
attorney and expert witness fees) occurring by reasons of anything done or omitted to
be done by the indemnifying Party under or in connection with any work, authority, or
jurisdiction delegated under this Agreement.
Any consultants retained by the Primary Jurisdiction or any Responsible Agency to
discharge any duties under this Agreement shall agree to indemnify and hold harmless
each Responsible Agency, and its elected officials, officers, attorneys, agents,
employees, designated volunteers, successors and assigns, from any and all liability or
financial loss, including legal expenses and costs of expert witnesses and consultants,
resulting from any suits, claims, losses or actions brought by any person or persons, by
reason of injury to persons or property arising directly or indirectly from the negligent
acts, errors or omissions of such consultant, including its officers, agents, employees,
subcontractors or any person employed by such consultant, in the performance of its
agreement with the Primary Jurisdiction or any Responsible Agency.
7.11 Assignment Prohibited. Except as expressly permitted by this Agreement,
no Party shall assign, transfer, or subcontract any interest in this Agreement or any
obligation or right or obligation hereunder. Any attempt by a Party to so assign,
transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null,
void and of no effect.
7.12 Non-Waiver of Terms, Rights and Remedies. Waiver by any Party of any
one or more of the conditions of performance under this Agreement shall not be
construed as a waiver of any subsequent failure to comply with the same conditions or
any other condition of performance under this Agreement.
7.13 Governing Law and Construction. The validity, interpretation, and
performance of this Agreement shall be controlled by and construed under the laws of
the State of California. In the event of any asserted ambiguity in, or dispute regarding
the interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party that
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
7.14 Exhibits: Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement and expressly made a part
hereof. In the event of any material discrepancy between the express provisions of this
Agreement and the provisions of any document incorporated herein by reference, the
provisions of this Agreement shall prevail.
7.15 Severability. If any provision of this Agreement shall be determined by
any court to be invalid, illegal or unenforceable to any extent, the remainder of this
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Agreement shall not be affected and this Agreement shall be construed as if the invalid,
illegal or unenforceable provision had never been contained in this Agreement.
7.16 Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between the Parties. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except by written instrument approved by a
majority vote of the legislative body of each Responsible Agency and signed by the
respective Party Representatives which expressly refers to this Agreement.
7.17 No Third Party Beneficiaries. This Agreement is intended solely for the
benefit of the Parties to this Agreement, and no third party shall be deemed to be a
beneficiary or to have any rights hereunder against the Authority or any of the
provisions hereof.
7.18 Attorney's Fees. In the event that any Party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing Party or Parties in such action or proceeding shall be entitled
to recover its (or their) costs of suit, including reasonable attorney's fees.
IN WITNESS THEREOF, the Parties to this MOA have caused this MOA to be executed
on their behalf, respectively, as follows:
- Signatures begin on next page -
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CITY OF - : ► CHO PALOS ERDES
111, r4,
Attest: By: '
Douglas W. Stern, - ayor
Ade_ 1 4.
Carla Morreale, City Clerk
Approved as to Form:
Carol W. Lynch
City Attorney
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CITY OF LOS ANGELES
iv. ,jr. tip,
Attest: pie By: .4
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,,-. ,r C, hia M. Ruiz, President
\...A,0 B•and of Public Works
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Frank T. Mart e
City Clerk C_
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Approved as to Form:
Rockard J. Delgadillo
City Attorney
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By: _i/-41.-atinf '
Christop' er M. Westhoff ,9
Assistant City Attorney
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COUNTY OF LOS ANGELES Acting on t
behalf of itself and the LOS ANGELES I.
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COUNTY FLOOD CONTROL DISTRICT -0. . 0'
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By: . ` Date:
JAN 0 9 2007
Zev Yaroslays
Chairman, Bo.; • of Supervisor- • the
County of Los An. .les
..
Attest: Approved as to Form:
RAYMOND G. FORTNER, Jr.
County Counsel
SACHI A. HAMAI
Executive Officer of the Board of
Supervisor of the County of Los Angeles
By: By:
Deputy
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ADOPTED
BOARD OF SUPERVISORS
COUNTY OF Los AtiOetE.
PI 3 3 JAN 0 9 2007
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CITY OF PALOS VERDES ESTATES
Attest:
By:
c� -� c. -teld
Y:
John Flood
u:r�� Mayor
`�mith
City Clerk
Approved as to Form:
3 SOL,-
r,4 hanie Scher
ity Attorney
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JUN-09-2008 17:13 P.13
Final Version August 21,2006
CITY OF ROLLING HILLS
Attest:
i/et
By: All°
66'� � er c B. I Ien Lay t, - «r
Interim City Manager
proved as • Form:
' -
icael Jenkins Nk
pity Attorney
86876-00011811153v1.doc 17
0 Final Version August 21, 20
CITY OF ROLLING HILLS ESTATES
Attest:
.� By: ta%YI
usan Seamans, Mayor
fr
Doi; as R. Prichard
Ci Clerk
Approved as to Form:
L-61Qat-L,
ri in A. Pelletier
City Attorney
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EXHIBIT A
Santa Monica Bay Watershed
Jurisdiction 7 Responsible Agencies
Primary Jurisdiction:
1. City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90274
Fax: (310) 544-5252
Party Representative: Director of Public Works
Additional Responsible Jurisdictions:
2. City of Los Angeles
Dept. of Public Works, Bureau of Sanitation, Watershed Protection Division
1149 S. Broadway, 10th floor
Los Angeles, California 90015
Fax: (213) 485-3939
Party Representative: Program Manager
Phone: (213) 485-3985
3. City of Palos Verdes Estates
340 Palos Verdes Drive West
Palos Verdes Estates, California 90274
Fax: (310) 378-7820
Party Representative: Director of Public Works & Planning
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4. City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Fax: (310) 377-7288
Party Representative: City Manager
5. City of Rolling Hills Estates
4045 Palos Verdes Drive North
Rolling Hills Estates, California 90274
Fax: (310) 377-4468
Party Representative: Assistant to the City Manager
6. County of Los Angeles
Department of Public Works
Watershed Management Division, 11th Floor
900 S. Fremont Avenue
Alhambra, California 91803-1331
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EXHIBIT B
RESPONSIBLE AGENCIES' SHARE OF COSTS
PERCENTAGE Initial Annual
SQUARE MILES IN OF AREA Contribution
AGENCY WATERSHED WITH RESPECT
TO TOTAL AREA
IN WATERSHED
Los Angeles (City) 1.50 9.23% $2769
Palos Verdes Estates 4.36 26.93% $8069
Rancho Palos Verdes 9.12 56.34% $16,902
Rolling Hills 0.67 4.11% $1233
Rolling Hills Estates 0.47 2.88% $864
County of Los Angeles 0.08 0.51% $153
TOTAL 16.20 100% $30,000
Note: If the total annual cost share amount of$30,000 is not spent in a particular year,
the excess amount will be carried over to the next year. Then, the agencies will only be
invoiced for their percentage of the $30,000, subtracted by the excess amount.
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EXHIBIT C
Santa Monica Bay Watershed
Source Investigation Cost Sharing
Those Responsible Agencies with jurisdiction over land area contributing drainage to a
shoreline compliance monitoring location where ongoing violations have been detected
and where additional investigation is required by the California Regional Water Quality
Control Board to attempt to identify the potential source(s) of ongoing violations will
share the costs of such additional investigation. The cost of investigation of ongoing
violations at open beaches will be shared on a Jurisdiction-wide basis as seen in Exhibit
B, such time as a drain is identified as the cause of the violations at which point the cost
will be shared only by those agencies having jurisdiction within the drainage area of that
drain, or upon approval by Jurisdiction Seven, the cost will be shared following those
consistent with the regional approach that may be development and agreed upon by all
the jurisdictional groups. These costs shall be shared based upon the percentage of
land area within the specific drainage area contributed by each Responsible Agency.
Before initiating such an additional investigation, the Primary Jurisdiction shall provide a
scope of work and cost estimate for approval by the Responsible Agencies contributing
to the subject drainage area. Where the need for immediate action is necessitated by
the Regional Board's request or other environmental condition, RPV will use the
deposited funds to initiate the investigation. When the costs of investigative ongoing
violations at a particular monitoring location are anticipated to exceed $10,000, approval
of the scope of work between the impacted Responsible Agencies will be required.
If and when the source(s) of the ongoing violations can be ascertained by the
investigation, those Agencies with jurisdiction over the source(s) shall be responsible for
any further costs of investigation from that point forward.
Costs for mitigating an identified source of shoreline compliance violations, including but
not limited to remediation, code enforcement on private property, and/or compliance
with orders issued by the Regional Board, are outside the scope of this Agreement and
will be borne by those Agencies with jurisdiction over the source.
If the source(s) of ongoing shoreline compliance monitoring violations cannot be
identified by the investigation, then the cost of further investigation and/or compliance
with any orders issued by the Regional Board will continue to be shared by those
Responsible Agencies with jurisdiction over land area contributing drainage to the
shoreline monitoring location.
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EXHIBIT "D"
State of California
California Regional Water Quality Control Board,Los Angeles Region
RESOLUTION NO.2002-022
December 12,200:2
Amendment to the Water Quality Control Plan(Basin Plan)for the Los Angeles Region to
Incorporate Implementation Provisions for the Region's Bacteria Objectives and to
Incorporate a Wet-Weather Total Maximum Daily Load for Bacteria at Santa Monica Bay
Beaches
WHEREAS, the California Regional Water Quality Control Board, Los Angeles Region,
finds that:
1. The federal Clean Water Act(CWA)requires the California Regional Water Quality Control
Board,Los Angeles Region(Regional Board)to develop water quality standards which
include beneficial use designations and criteria to protect beneficial uses for each water body
found within its.region.
2. The Regional Board carries out its CWA responsibilities through California's Porter-Cologne
Water Quality Control Act and establishes water quality Objectives designed to protect
beneficial uses contained in the Water Quality Control Plan for the Los Angeles Region
(Basin Plan).
3. Section 303(d)of the CWA requires states to identify and to prepare a list of water bodies
that do not meet water quality standards and then to establish load and waste load allocations,.
or a.total maximum daily load(TIVIDL),for each water body that will ensure attainment of
water quality standards and then to incorporate those allocations into their water quality
control plans.
4. Many of the beaches along Santa Monica Bay were listed on California's-1998 section 303(d)
list,due to impairments for coliform or for beach closures associated with bacteria generally_
The beaches appeared on the 303(4)list because the elevated bacteria and beach closures
prevented full support of the beaches'designated use for water contact recreation(REC-1).
5. A consent decree between the U.S.Environmental Protection Agency(USEPA),Heal the
Bay Inc.and BayKeeper,Inc_was approved on March 22,1999.This court order directs the
USEPA to complete TMDLs.for all the Los Angeles Region's impaired waters within 13
years.A schedule was established in the consent decree for the completion of 29 TMDLs
within 7 years,including completion of a TMDL to reduce bacteria at Santa Monica Bay
beaches by March 2.002.The remaining TMDLs will be scheduled by Regional Board staff
within the 13-year period.
6. The elements of a TMDL are described in 40 CFR 1302 and 1.30.7 and section 303(d)of the
CWA,as well as in USEPA guidance documents(e.g,USEPA, 1991).A-TMDL is defined
as-the sum of the individual waste load allocations for point sources and load allocations for
nonpoint sources and natural'background-(40 CFR 130.4 Regulations further stipulate that
TMDLs must be set at"levels necessary to attain and maintain the applicable narrative and
numeric water quality standards with seasonal variations and a margin of safety that takes
into account any lack of knowledge concerning the relationship between effluent limitations
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and water quality"(40 CFR 130.7(c)(1)).The provisions in 40 CFR 130.7 also state that
TMDLs shall take into account critical conditions for stream flow,loading and water quality
parameters.
7. Upon establishment of TMDLs by the State or USEPA,the State is required to incorporate
the TMDLs along with appropriate implementation measures into the State Water Quality
Management Plan(40 CFR 130_6(c)(1), 130.7).The Basin Plan and applicable qatewide
plans serve as the State Water Quality Management Plans governing the watersheds under the
jurisdiction of the Regional Board.
8. Santa Monica Bay is located in Los Angeles County;California.The proposed TMDL
addresses documented bacteriological water quality impairments at 44 beaches from the Los
Angeles/Ventura County line,to the northwest,to Outer Cabrillo Beach,just south of the
Palos.Verdes Peninsula.
9, The Regional Board is establishing the above-mentioned TMDL to preserve and enhance the
water quality at Santa Monica Bay beaches and for the benefit of the 55 million beachgoers,
on average,that visit these beaches each year.At stake is the health of swimmers and surfers
and associated health costs as well as sizeable revenues to the:local and state economy.
Estimates are that visitors to Santa Monica Bay beaches spend approximately$1.7 billion
annually.
10. The Regional Board's goal in establishing the above-mentioned.TMDL is to reduce the risk
of illness associated with swimming in marine waters contaminated with bacteria_Local and
national epidemiological studies compel the conclusion that there is a causal relationship
between adverse health effects,such as gastroenteritis and upper respiratory illness,and
recreational water quality,as measured by bacteria indicator densities.The water quality
Objectives on which the TMDL numeric targets are based will ensure that the risk of illness to
the public from SWimmirig at Santa Monica Bay beaches generally will be no greater than 19
illnesses per 1.000 swimmers,which is defined by tlie.US EPA as an"acceptable health
risk"in marine recreational waters.
11. Interested persons and the public have had reasonable opportunity to participate in review of
the amendment to the Basin Plan.Efforts to solicit public review and comment include staff
presentations to the Santa Monica Bay Restoration Project's Bay Watershed Council and
Technical Advisory Comniittee between May 1999 and October 2001 and creation of a
Steering Committee in July 1999 to provide input on scientific and technical components of.
the TMDL with participation by the:Southern California Coastal Water Research Project,
City of Los Angeles,County of Los Angeles Department of Public Works,County Sanitation
Districts of Los Angeles County,Heal the Bay,and Santa Monica Bay Restoration Project.
12. A first draft of the TMDL for bacteria.at Santa Monica Bay beaches was released for public
comment on November 9,2001;.an interim draft TMDL covering wet weather only was
released on June 21,2002,for discussion at a public workshop;and a public workshop on the
draft Wet-Weather TMDL was held on June 27,2002 at a regularly scheduled Regional
Board meeting.
13. A final draft of the\Vet-Weather TMDL along with a Notice of Hearing and Notice of Filing
were published and circulated 45 days preceding Board action;Regional Board staff
responded to oral and written comments received from the public:and the Regional Board
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held a public hearing on September 26,2002 to consider adoption of the\Vet-Weather
TMDL.
14. The Regional Board continued the item from the September 26,2002 Board meeting to the
December 12,2002 Board meeting to give staff time to make revisions based on public
comments and Board discussion at the September 26,2002 Board meeting. Specifically,the.
Board wanted an implementation program that was reasonable and as,short as practicable
given the testimony on impairments to the REC-1 beneficial use.
is. The Regional Board recognizes that there are two broad approaches to implementing the
TMDL.One approach is an integrated water resources approach that takes a holistic view of
regional water resources management by integrating planning for future wastewater,storm
water,recycled water,and potable water needs and systems;focuses.on beneficial re-use of
storm water,including groundwater infiltration,at multiple points throughout a watershed;
and addresses multiple pollutants for which Santa Monica Bay or its watershed are listed on
the CWA section 303(d)List as impaired.The other approach is a non-integrated water
resources approach.
Some responsible jurisdictions and agencies have indicated a preference to take an integrated
water resources approach to realize the benefits of re-using storm water to preserve local
groundwater resources and to reduce reliance on imported water.The Regional Board
recognizes that an integrated water resources approach not only provides water quality
benefits to the people of the Los Angeles Region,but also recognizes that the responsible
jurisdictions implementing this TMDL can serve a variety of public purposes by adopting an
integrated water resources approach. An integrated water resources approach will address
multiple pollutants,.and as a result,responsible jurisdictions can recognize cost-savings
because capital expenses for the integrated approach will implement several TMDLs that
address pollutants in storm water_ In addition,jurisdictions serve multiple roles for their
citizenry,and an integrated approach allows for the incorporation and enhancement of other
public goals such as water supply,recy-cling and storage.;environmental justice;parks,
greenways and open space;and active and passive recreational and environmental education
opportunities.
The Regional Board acknowledges that a longer timeframe is reasonable for an integrated
water resources approach because it requires more complicated planning and implementation
such as identifying markets for the water and efficiently siting storage and transmission
infrastructure within the watershed(s)to realize the multiple benefits of such an approach.
16. Therefore,afterconsidering testimony,the Regional Board directed staff to adjust the
implementation provisions of the TMDL to allow for a longer implementation schedule(up to
18 years)only when the responsible jurisdictions and agencies clearly demonstrate their
intention to undertake an integrated water resources approach and justify the need for a.
longer implementation schedule. In contrast,testimony indicated that a shorter
implementation schedule(up to 10 years)is reasonable and practicable for non-integrated
approaches because the level of planning is not as complicated.
17. A revised draft of the Basin Plan amendment and Tentative Resolution were circulated 45
days preceding Board action,Regional Board staff responded to oral and written comments
received from the public on the revised draft.The Regional Board held a second public
hearing on December 12,2002 to consider adoption of the Wet-Weather TMDL.
Final—12112102
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18. On October 25,2001,the Regional Board adopted Resolution 2001-018 establishing revised
bacteriological water quality objectives for the Water Contact Recreation(EEC-1)beneficial
use,and the TMDL is intended to accompany and to implement the revised water quality
objectives.The State Water Resources Control Board approved the Regional Board's Basin
Plan amendment on July 18,2002 in State Board Resolution 2002-0142,the Office of
Administrative Law approved it on September 19,2002 in OAL File No.02-0807-01-S,and
the US EPA approved it on September 25,2002.
19. Under certain circumstances and through the TMDL development process,the Regional
Board proposes to implement the aforementioned revised bacteria objectives using either a
'reference system/anti-degradation approach'or a'natural sources exclusion.approach.'As
required by the CWA and Porter-Cologne Water Quality Control Act,the Basin Plan includes
beneficial uses of waters,water quality objectives to protect those uses,an anti-degradation
policy,collectively referred to as water quality standards,and other plans and policies
necessary to implement water quality standards. This TMDL and its associated waste load
allocations,which will be incorporated into relevant permits,are the vehicles for
implementation of the bacteria standards as required under Water Code section 13242.
20. Both the'reference_systemtanti-degradation approach'and the'natural sources exclusion
approach'recognize that there are natural sources of bacteria that may cause or contribute to
exceedances of the single sample objectives.
21. The Regional Board's intent in implementing the bacteria objectives using a'reference
system/anti-degradation approach'is to ensure that bacteriological water quality is at least as
good as that of a reference site and that no degradation of existing bacteriological water
quality is permitted where existing bacteriological water quality is better than that of a
reference site.The Regional Board's intent in implementing the bacteria objectives using a.
'natural sources exclusion approach'is to ensure that all anthropogenic sources of bacteria
are controlled such that they do not cause an exceedance of the single sample objectives.
These approaches are consistent with state and federal anti-degradation policies(State Board
Resolution No.68-16 and 40 C.F.R. 131.12),while acknowledging that it is not the intent of
the Regional Board to require treatment or diversion of natural coastal creeks or to require
treatment of natural sources of bacteria from undeveloped areas_While treatment and
diversion of natural sources may-fully address the impairment of the water contact recreation.
beneficial use,such an approach may adversely affect valuable aquatic life and wildlife
beneficial uses in the Region.
22.. For the Wet-Weather and Dry-Weather Bacteria TMDLs at Santa Monica_Bay beaches,Leo
Carrillo Beach and its associated drainage.area,Arroyo Sequit Canyon,were selected as the
local reference system until other reference sites or approaches are evaluated and the
necessary data collected to support the useof alternative reference sites or approaches when
the TMDL is revised four years after the effective date.Leo Carrillo Beach was selected as
the interim reference site because it best met the three criteria for selection of a reference
system.Specifically,its drainage is the most undeveloped subwatershed in the larger Santa
Monica Bay watershed,the subwatershed has a freshwater outlet(i.e.,creek)to the beach,
and adequate historical shoreline monitoring data were available.It is the intent of the
Regional Board to re-evaluate the use of Leo Carrillo Beach due to potential problems arising
from the heavy recreational.use of the beach and the close proximity of two campgrounds.
23.Northern Bay beach monitoring sites are fewer in number and provide less comprehensive
data than the extensive shoreline monitoring-network elsewhere in Santa Monica Bay.
Final—111102
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24.The numeric targets in.this TMDL are not water quality objectives and do not create new
bases for enforcement against dischargers apart from the water quality objectives,they
translate. The targets merely establish the bases through which load allocations and
wasteload allocations(WLAS)are calculated. WLAs are only enforced for a dicharger's own
discharges,and then only in the context of it National Pollutant Discharge Elimination
System(\113DES)penult,which must be consistent with the assumptions and requirements of
the WLA. The Regional Board will develop permit requirements through a subsequent
permit action that will allow all interested persons,including but not limited to.municipal
storm water dischargers,to provide comments on how the waste load allocations will be
translated into permit requirements_
25.The Regional Board has the authority to authorize compliance schedules through the basin
planning process. In this Basin Plan amendment,the Regional Board establishes a schedule
for implementation that affords the responsible jurisdictions and agencies up to ten or
eighteen years,depending on the implementation approaches pursued,to implement this Wet-
Weather Bacteria TMDL.
26. Previously,the Regional Board adopted a Dry-Weather Bacteria TMDL for the Santa Monica.
Bay Beaches.The Dry-Weather TMDL includes implementation provisions contained in
Table 7-4.3 of the Basin Plan,including a provision to reconsider two years after the effective
date the Dry-Weather TMDL and specifically the reference beach(es)used. Because that
effort overlaps,with reconsideration of the reference beach(es)anticipated by this Wet-
Weather TMDL,the Regional Board proposes to coordinate the reconsiderations of the
reference beach approach to assure efficiency and consistency in implementing the two Santa.
Monica Beaches TM:Ms.
27_The basin planning process has been certified as functionally equivalent to the California.
Environmental Quality Act requirements for preparing environmental documents(Public
Resources Code,Section 21000 et seq.)and as such,.the required environmental
documentation and CEQA environmental checklist have been prepared.
28. The proposed amendment results in no potential for adverse effect(de ininimis finding),
either individually or cumulatively,on wildlife.
29. The regulatory action meets the"Necessity"standard of the Administrative Procedures Act,
Government Code,section 11353,subdivision(b).
30. The Basin Plan amendment incorporating a TMDL for bacteria at Santa Monica Bay beaches
must be submitted for.review and approval by the State Water Resources Control Board
(State Board),the State Office of Administrative Law(PAL),and the USEPA.The Basin
Plan amendment will become effective upon approval by OAL and USEPA.A Notice of
Decision will be filed.
THEREFORE,be it resolved that pursuant to Section 13240 and 13242 of the Water Code,
the Regional Board hereby amends the Basin Plan as follows:
1. Pursuant to sections 13240 and 13242 of-the.California Water Code,the Regional Board,
after considering the entire record,including oral testimony at the hearing,hereby adopts the
amendments to Chapters 3 and 7 of the Water Quality Control Plan for the Los Angeles
Region,as set forth in Attachment A hereto,to incorporate the elements of the Santa Monica
Final—12/1102
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Bay Beaches Bacteria TMDL for wet weather and to implement the:water quality objectives
for bacteria set to protect the water contact recreation beneficial use.
2. Pursuant to sections 13240 and 13242 of the California Water Code,the Regional Board,
after considering-the entire record,including oral testimony tu the hearing,hereby adopts the:
amendments to Chapter 7 of the Water Quality Control Plan for the Los Angeles Region,as
set forth in Attachment:B hereto,to amend Table 7-4.3 of the Santa Monica Bay Beaches
Bacteria TMDL for dry weather to change the date for revision of the TMDL from two years
after the effective date to four years after the effective date[of the Wet-Weather TMDL]to
achieve consistency in scheduling between the Dry-Weather and Wet-Weather TMDLs.
3. The Executive Officer is directed to exercise authority under Water Code section 13267,or
other applicable law,to require additional monitoring data in the northern Bay beach regions
to ensure that wet weather bacteria exposure is adequately quantified before the TMDL is
reconsidered in four years.
4. The Executive Officer is directed to forward copies of the Basin Plan amendment to the State
Board in accordance with the requirements of section 13245 of the California Water Code.
5. The Regional Board requests that the State Board approve the Basin Plan amendment in
accordance with the requirements of sections 13245 and 13246 of the California Water Code
and forward it to OAL and the TJSEPA.
6. If during its approval process the State Board or OAL determines that minor,non-substantive
corrections to the language of the amendment are needed for clarity or consistency,the
Executive Officer may make such changes,and shall inform the Board of any such changes.
7. The Executive Officer is authorized to sign a Certificate of Fee Exemption.
I,Dennis A.Dickerson,Executive Officer,do hereby certif that the foregoing is a full,true,and
correct copy of a resolution adopted by the California Regional Water Quality Control Board,Los
Angeles Region,on December 12,2002.
ORIGINAL SIGNED BY
Dennis A.Dickerson
Executive Officer
Final—1211102
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