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a 4ji <br /> yl6AZ-C <br /> • amu` --- <br /> MEMORANDUM OF AGREEMENT <br /> JURISDICTION SEVEN <br /> (SANTA MONICA BAY BACTERIAL TMDL IMPLEMENTATION) <br /> This Memorandum of Agreement ("Agreement") is made and entered into by and <br /> between the public entities (the "Responsible Agencies") whose names are set forth on <br /> Exhibit A, attached hereto and incorporated herein by this reference. The Responsible <br /> Agencies are sometimes referred to herein singularly as "Party" and collectively as <br /> "Parties." <br /> WITNESSETH: <br /> The Parties hereto do agree as follows: <br /> Section 1. Recitals. This agreement is made and entered into with respect to <br /> the following facts: <br /> A. The federal Clean Water Act ("CWA") requires the California Regional Water <br /> Quality Control Board, Los Angeles Region ("Regional Board") to develop water quality <br /> standards, which include beneficial use designations and criteria to protect beneficial <br /> uses for each water body found within its region. <br /> B. Section 303(d) of the CWA requires, among other things, that states identify and <br /> prepare a list of water bodies that do not meet water quality standards. Section 303(d) <br /> further requires that states establish load and waste load allocations, or a total <br /> maximum daily load ("TMDL"), for each water body that will ensure attainment of water <br /> quality standards and then to incorporate those allocations into their water quality <br /> control plans. <br /> C. Many of the beaches along Santa Monica Bay were listed on California's 1998 <br /> Section 303(d) list, due to impairments for coliform or for beach closures associated <br /> with bacteria generally. The beaches appeared on the 303(d) list because the elevated <br /> bacteria and beach closures prevent full support of the beaches' designated use for <br /> water contact recreation ("REC-1"). <br /> D. On December 12, 2002, the Regional Board adopted Resolution No. 2002-022 <br /> ("Resolution 2002-022") establishing the limit for the Total Maximum Daily Loads for <br /> bacteria during wet weather for Santa Monica Bay Beaches ("Bacteria TMDL"), a true <br /> and correct copy of which is attached as Exhibit D hereto and incorporated herein. <br /> E. The Santa Monica Bay Beaches Dry-Weather and Wet-Weather TMDL became <br /> effective on July 15, 2003. <br /> R6876-0001\811153v 1.doc <br />