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WHEREAS, these regional and individual commitments are set forth in the following three documents that have been developed collectively and in consultation with the staff of the VDEQ: (1) State Water Control Board Enforcement Action: Special Order by Consent Issued to the Hampton Roads Sanitation District; the cities of Chesapeake, Hampton, Newport News, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg; the counties of Gloucester, Isle of Wight and York; the James City Service Authority; and the Town of Smithfield ("Regional Consent Order"); (2) Memorandum of Agreement for Regional Sanitary Sewer System Operation, Maintenance and Enhancement ("Memorandum of Agreement"); and (3) Attachment I to the Special Order by Consent: Regional Technical Standards ("Regional Technical Standards"), (collectively, these documents are referred to as the "Regional Consent Order Package"); and WHEREAS, the success of these regional and individual Locality efforts depends upon the cooperative efforts of the HRSD and the Localities, and the approval of the Virginia State Water Control Board ("SWCB") and its VDEQ staff; and WHEREAS, the ongoing efforts of the Localities and HRSD to maintain, repair and improve the sanitary sewer system at substantial cost, for the benefit of the region's quality oflife, is endorsed and commended; and WHEREAS, the EPA has recently asked the U. S. Department of Justice to take judicial enforcement action against HRSD on account of such sanitary sewer overflows, and has asked the VDEQ to exclude HRSD from the Regional Consent Order Package; and WHEREAS, because any such federal judicial action could greatly delay and undermine the collective regional approach to address these overflows, and because HRSD has indicated its willingness to remain a party to this regional effort despite the threat of federal action, the VDEQ staff is prepared to recommend approval by the SWCB of a Regional Consent Order Package with HRSD as a party.