Agmt 2012 Alameda County Flood Control and Water Conservation District etc

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AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM THIS AGREEMENT, is made and entered into by and between the ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a local public agency of the State of California; Zone 7 of ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a local public agency of the State of California; COUNTY OF ALAMEDA, a subdivision of the State of California; CITY OF ALAMEDA, a municipal corporation of the State of California; CITY OF ALBANY, a municipal corporation of the State of California; CITY OF BERKELEY, a municipal corporation of the State of California; CITY OF DUBLIN, a municipal corporation of the State of California; CITY OF EMERYVILLE, a municipal corporation of the State of California; CITY OF FREMONT, a municipal corporation of the State of California; CITY OF HAYWARD, a municipal corporation of the State of California; CITY OF LIVERMORE, a municipal corporation of the State of California; CITY OF NEWARK, a municipal corporation of the State of California; CITY OF OAKLAND, a municipal corporation of the State of California; CITY OF PIEDMONT, a municipal corporation of the State of California; CITY OF PLEASANTON, a municipal corporation of the State of California; CITY OF SAN LEANDRO, a municipal corporation of the State of California; and CITY OF UNION CITY, a municipal corporation of the State of California. All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as `PARTY." RECITALS: A. The Water Quality Control Plan for the San Francisco Bay Basin (hereinafter "Basin Plan"), adopted by the California Regional Water Quality Control Board, San Francisco Bay Region (hereinafter "Regional Water Board"), in implementation of the Federal Clean Water Act, and the Municipal Regional Stormwater NPDES Permit (hereinafter "NPDES Permit") required that the PARTIES develop a program to control the discharge of pollutants from urban runoff in the Alameda County area. B. In furtherance of their responsibilities pursuant to the Basin Plan and the applicable NPDES Permit, the PARTIES have previously entered into a series of agreements to jointly fund the costs of preparing an action plan to evaluate nonpoint source pollutants, monitor indentified pollutants, and develop control measures to mitigate or reduce the discharge of pollutants. Collectively, the measures undertaken pursuant to the previous agreements and anticipated to continue pursuant to this Agreement and upon execution of this agreement henceforth shall continue to be known as the Alameda Countywide Clean Water Program (hereafter "the Program"). The Program contains elements that provide a general benefit to the PARTIES (such as monitoring, public education, staff training, program administration, etc.). In addition to the Program elements, each Party has the responsibility to implement permit requirements within its jurisdiction. Activities carried out by a Parry may include but are not limited to municipal operations and maintenance, construction site inspections and enforcement, commercial and industrial inspection and enforcement, illicit and illegal connection inspections, and implementation of new development and redevelopment treatment requirements. C. In 1987 Congress added Section 402 (p) to the Federal Clean Water Act (CWA) (33 U.S.C. Section 1342 (p), which requires National Pollutant Discharge Elimination System Permits for