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R-14-34 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A REGIONAL ORDER BY CONSENT BETWEEN THE CITY OF PORTSMOUTH, THE OTHER LOCALITIES IN THE REGION, AND THE STATE WATER CONTROL BOARD REGARDING SANITARY SEWER OVERFLOWS. WHEREAS, in 2007 the City of Portsmouth, several other Hampton Roads localities, and the Hampton Roads Sanitation District (HRSD) entered into a Consent Order with the Virginia Department of Environmental Quality (DEQ) to address sanitary sewer overflows; and WHEREAS, in February 2014, the City and twelve other localities entered into a Memorandum of Agreement (MOA) with HRSD to develop and implement a "hybrid approach" to address wet weather sanitary sewer overflows and satisfy various requirements of the 2007 Consent Order; and WHEREAS, the "hybrid approach" under the MOA requires HRSD to design and implement a regional wet weather management plan but provides that each n shall remain responsible for operating its own individual sewer collection system; and WHEREAS, the MOA has been approved by both federal and state environmental regulators, and HRSD is moving forward with its implementation; and WHEREAS, because the MOA modifies the responsibilities and terms of the 2007 Consent Order, a new regional Consent Order is necessary; and WHEREAS, the City's principal obligation under the new .Consent Order is to continue implementing and assessing the Management Operations and Maintenance (MOM) program for its sanitary sewer system; and WHEREAS, implementation of the MOM program in compliance with the Consent Order will provide the City with a degree of protection from enforcement actions arising from specific sanitary sewer overflow events; NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that the City Manager is hereby. authorized to enter into a Consent Order with the State Water Control Board regarding sanitary sewer overflows. BE IT FURTHER RESOLVED that the City Manager is further authorized to execute such other instruments and provide such other assurances as may be required in furtherance of the purposes set forth in this resolution.