2017 Resolutions - Laserfiche WebLink

Home Browse Search

C. Virginia Chesapeake Bay TMDL Phase III WIP. HRSD and the City- shall collaborate to seek inclusion in the Phase III WIP of recognition of the SWIFT Project and the annual and, when applicable, permanent transfers contemplated by this Agreement. 4. Authorized Use of Credits. The City agrees that its sole and limited use of the TN, TP, and TSS credits transferred under this Agreement shall be for the purpose of MS4 Permit compliance and Chesapeake Bay TMDL implementation and that it shall not transfer any portion of HRSD- generated credits (or waste load allocations, if applicable) to any other person or entity. In the event that the City no longer requires some or all of the credits (or waste load allocations) for such use, they shall revert to HRSD and HRSD shall update and reissue Attachment A accordingly. �. Mutual Cooperation. The Parties shall continue to cooperate with each other as reasonably necessary to confirm or bring about the transfers contemplated by this Agreement. 6. Permits R Amiro%als. Iffor an% reason any federal. state. re gional or local �(1oycillment or agenc% fails to issue anti necessary perinit. approval or other authorisation for the S\VIFT Project or the transfers contemplated by this Agreement. HRSD shall he excused from its performance hereunder. 1. Force Majeure. The obligations of HRSD, including its annual or permanent transfer obligations, shall be suspended «hilc and as long as performance is presented or impeded by strikes. disturbances. riots. fire. see ere kk cather. acts of a ar. acts of terrorism. acts of God. government action (other than b% HRSD), major technical. engineering or construction related dela%s. or any other cause similar or dissimilar to the forgoing that is beyond the reasonable control of and nest clue to the gross neglioence of IIRSD. S. Change in Law. In the event of any material change in applicable laws or regulations, the Parties shall work together to attempt to amend this Agreement to conform to such change, while maintaining as closely as practical the provisions and intent of this Agreement. If in any such event HRSD is unable to perform its transfer obligations as provided herein, the City shall be solely responsible for otherwise meeting its TMDL and MS4 Permit obligations. 9. Sluniticant Financial & Budgetary Constraints. Nomithstand' , ales other prosision of this Agreement or an,,- prior determination of feasibility of the SWIFT Project. IIRSD reserves the right to terminate or renegotiate this Agreement in the event HRSD eyperiences significant financial or budgetarN challenges k�hich. in HRSD's opinion, would significantly impair its ability to perform its obligations hereunder. In such event. the Parties shall work together to attempt to amend this Agreement to accommodate such challenges, with the goal of providing annual credits to the City (and to other Hampton Roads localities with similar water quality credit agreements) as practical.