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R -18 -19 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THAT CERTAIN MEMORANDUM OF AGREEMENT DATED MARCH 10, 2014 WITH HAMPTON ROADS SANITATION DISTRICT AND TWELVE OTHER LOCALITIES REGARDING WET WEATHER SANITARY SEWER OVERFLOWS. WHEREAS, by Resolution R -14 -03 adopted on February 25, 2014 City Council authorized execution of a Memorandum of Agreement with HRSD and twelve other localities (the "MOA ") to comply with consent orders with the U.S. Environmental Protection Agency ( "EPA ") and the Virginia Department of Environmental Quality ( "DEQ ") requiring development and implementation of a regional plan to deal with wet weather sanitary sewer overflows (the "RWWMP "); and WHEREAS, the MOA was executed as of March 10, 2014; and WHEREAS, under the terms of the MOA HRSD is responsible for developing, financing, and implementing the RWWMP; and WHEREAS, subsequent to execution of the MOA, HRSD developed the Sustainable Water Initiative for Tomorrow ( "SWIFT ") project, which entails treating water that would otherwise be discharged to the Chesapeake Bay watershed to drinking water standards and adding it to the Potomac aquifer, thereby reducing the amounts of nutrients and sediment discharged to the Chesapeake Bay, replenishing the region's stressed groundwater supplies, and slowing or reversing land subsidence related to aquifer compaction; and WHEREAS, in February of 2017 EPA authorized HRSD to incorporate integrated planning elements in the RWWMP that allow for the prioritization of the SWIFT project over wet weather capacity projects provided that doing so will provide greater human health or environmental benefits to the region; and WHEREAS, in September of 2017 HRSD submitted a RWWMP to EPA and DEQ which prioritizes the implementation of the SWIFT project, in concert with certain high priority wet weather capacity projects, and reserves the development of a plan for any additional wet weather capacity projects for a Final Measures Plan to be submitted to EPA and DEQ in 2030; and WHEREAS, the integration of the SWIFT project into the RWWMP and the resulting focus on SWIFT and high priority wet weather capacity projects, with the delay of any final plan for additional wet weather capacity projects until 2030, requires an amendment to the MOA; and WHEREAS, the amendment does not alter the fundamental terms of the MOA, in that HRSD remains responsible for developing, financing, and implementing the RWWMP; and