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March 9, 2023 FINAL <br />Intergovernmental Agreement <br />for Implementation of the <br />Keep it Clean Partnership Plan <br />This Intergovernmental Agreement ("Agreement"), is made and entered into this 911 day of March, <br />2023, by and between BOULDER COUNTY, a body politic and corporate, and the CITIES OF <br />BOULDER, LAFAYETTE, LONGMONT, and LOUISVILLE; and the TOWN OF SUPERIOR, <br />each a municipal corporation, collectively known as the "KEEP IT CLEAN PARTNERSHIP" and <br />referred to herein individually as a "PARTY" or collectively as the "PARTIES." <br />RECITALS: <br />A. WHEREAS, the Code of Federal Regulations (CFR) Section 40 CFR 122.26 requires that oper- <br />ators of small municipal separate storm sewer systems ("MS4") obtain permits for discharging <br />stormwater from their systems. The PARTIES are all small MS4 operators, as defined in the <br />Code of Federal Regulations. In Colorado, stormwater discharge permits are issued by the Wa- <br />ter Quality Control Division (the "Division") of the Colorado Department of Public Health and <br />Environment (CDPHE) under Water Quality Control Regulation No. 61, "Colorado Discharge <br />Permit System Regulations" (CDPS). Small MS4s are covered under the Division's General <br />Permit for stormwater discharges ("MS4 permit."); and <br />B. WHEREAS, the PARTIES have all been issued certifications to discharge stormwater under the <br />general stormwater permit issued by the CDPHE; and <br />C. WHEREAS, the PARTIES have agreed to collaborate as the KEEP IT CLEAN PARTNER- <br />SHIP ("KICP"), in jointly developing and implementing a plan to assist the PARTIES in com- <br />plying with the requirements of their MS4 permits and protecting water quality in the Boulder <br />Creek and St. Vrain Creek watersheds; and <br />D. WHEREAS, on January 23, 2003, the initial Intergovernmental Agreement ("IGA") for <br />implementation of the WATERSHED APPROACH TO STREAM HEALTH (which subse- <br />quently became the KICP) Plan was entered into by and between Boulder County; the cities of <br />Boulder, Longmont, and Louisville; and the towns of Erie and Superior and <br />E. WHEREAS, on January 1, 2008, the second IGA became effective for a term of five years; and <br />F. WHEREAS, on April 1, 2011, the third IGA became effective with the inclusion of the City of <br />Lafayette; and <br />G. WHEREAS, on March 9, 2013, the fourth IGA became effective for an initial term of five years <br />and was automatically renewed for an additional five year term on March 9, 2018; and <br />H. WHEREAS, on January 12, 2022, the TOWN OF ERIE submitted notice of its termination <br />from the IGA; and <br />WHEREAS, the PARTIES are individually responsible for ensuring compliance with the terms <br />and conditions of their MS4 permits within their respective jurisdictions; and <br />Keep it Clean Partnership IGA Page 1 of 11 March § <br />