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COMMON INTEREST, JOINT DEFENSE, AND
<br />CONFIDENTIALITY AGREEMENT AMONG PERMITTEES
<br />This Common Interest, Joint Defense, and Confidentiality Agreement ("Agreement")
<br />effective on January 1, 2022 is entered into by and among San Bernardino County ("County"), the San
<br />Bernardino County Flood Control District ("District"), and the cities of Big Bear Lake, Chino,
<br />Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho
<br />Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa ("Cities") (collectively the
<br />"Parties" or individually a "Party").
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<br />A. The County, District, and Cities own and/or operate storm water and urban runoff
<br />conveyance systems, including flood control facilities, commonly referred to as municipal separate
<br />storm sewer systems or storm drains, through which storm water and urban runoff are discharged
<br />into waters of the United States that are located within the Santa Ana Region.
<br />B. The District, as Permittee, and the Cities, as Co-Permittees (jointly "Permittees"),
<br />are subject to a National Pollutant Discharge Elimination System ("NPDES") Permit and Waste
<br />Discharge Requirements, Order No. R8-2010-0036, NPDES No. CAS618036 ("Permit").
<br />C. The Santa Ana Regional Water Quality Control Board ("Regional Board") issued
<br />the Permit on January 29, 2010 for a five-year term. The Permit designates the District as
<br />"Principal Permittee" under the Permit, and the District administers and coordinates many of the
<br />permit requirements on behalf of all the Permittees.
<br />D. On June 28, 2011, the Parties entered into an Implementation Agreement to
<br />establish an integrated storm water management program ("Program") that included development
<br />of a Management Committee to coordinate compliance, including establishing budgets, to set forth
<br />the duties of the Parties, to provide reimbursement to the District for administrative responsibilities,
<br />and to share costs to implement the Program. The Implementation Agreement, attached hereto as
<br />Exhibit A, sets forth the percentage of costs that each Party agreed to contribute to implement the
<br />Program. The term of the Implementation Agreement coincides with the term of the Permit and
<br />expires six months after the Final Permit, as defined below, is approved.
<br />E. To renew the Permit, the Permittees submitted a Report of Waste Discharge for
<br />renewal on August 1, 2014.
<br />F. Though the Regional Board has not yet issued a renewal of the Permit, the
<br />Permittees continue to implement and comply with the Permit.
<br />G. The Parties believe that the Regional Board may be circulating a draft version of
<br />the new permit ("Draft Permit") in approximately January 2022.
<br />H. Each of the Parties has a shared common interest in proceedings related to the Draft
<br />Permit, including negotiating the terms of the Draft Permit with the Regional Board, participating
<br />in the administrative hearing to adopt the Draft Permit as the final permit ("Final Permit"), seeking
<br />administrative or judicial review of any terms in the Final Permit that warrant reconsideration,
<br />defending any adverse future claims or actions related to the Final Permit, and addressing any and
<br />all types of legal challenges to the Draft or Final Permit (jointly "Permit Proceedings"). Each of the
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