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EXHIBIT A (Hampton Roads Water Qualiti Credit Agreement for Chesapeake Bai, Restoration) HAMPTON ROADS WATER QUALITY CREDIT AGREEMMENT FOR CHESAPEAKE BAY RESTORATION THIS HAMPTON ROADS WATER QUALITY CREDIT AGREEMENT FOR CHESAPEAKE BAY RESTORATION (this "Agreement ") is made this day of , 2017, by and between the Hampton Roads Sanitation District ( "HRSD ") and the City of Portsmouth (the "City ") (each a "Party" and jointly, the "Parties). BACKGROUND A. The HRSD Plants. HRSD owns and operates various wastewater treatment plants that are authorized to discharge the nutrients total nitrogen ( "TN ") and total phosphorus ( "TP ") as well as sediment as total suspended solids ( "TSS ") to the Chesapeake Bay watershed (the "HRSD Plants "). The HRSD Plants have TN, TP and TSS waste load allocations assigned by the State Water Control Board and the Virginia Department of Environmental Quality (jointly, "DEQ ") pursuant to the Water Quality Management Planning Regulation, 9 VAC 25 -720, and by the U.S. Environmental Protection Agency ( "EPA ") pursuant to the Chesapeake Bay Total Maximum Daily Load ( "TMDL ") and related Virginia Watershed Implementation Plan ("WIP "). The HRSD Plants are subject to the General Virginia Pollutant Discharge Elimination System ("VPDES ") Watershed Permit Regulation for TN and TP Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia. 9 VAC 25 -820, most recently reissued by DEQ effective February 8, 2017, as hereafter modified or reissued from time to time (the "Watershed General Pen-nit"). Due to exceptional performance and current operating conditions, the HRSD Plants currently discharge less TN, TP and TSS than they are authorized to discharge under the Watershed General Permit while protecting Chesapeake Bay water quality and, therefore. HRSD has the ability to provide TN, TP and TSS credits on at least a temporary basis. B. The Locality MS4. The City owns and operates a municipal separate stormwater sewer system ( "MS4") authorized to discharge TN, TP and TSS to the Chesapeake Bay watershed. Like the HRSD Plants, the MS4 is subject to the Chesapeake Bay TMDL as derived from the Virginia WIP and to a VPDES Permit issued to the City by DEQ. Pursuant to the TMDL, WIP and VPDES Permit for the MS4, it is anticipated that the City will reduce MS4- related TN, TP and TSS discharges pursuant to City - developed and DEQ - approved TMDL Action Plans for each of three, five -year permit cycles, which are referred to as the First Bay TMDL Permit Cycle (51/6 Progress), Second Bay TMDL Permit Cycle (40°, ,,o Progress), and Third Bay TMDL Permit Cycle (100% Progress). During 2017, the City is in its First Bay TMDL Permit Cycle.