FROM: Robert Thompson, General Manager
Originator: Lan C. Wiborg, Director of Environmental Services
SUBJECT:
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TERMINATION OF CONFIDENTIALITY AND COMMON INTEREST AGREEMENT
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GENERAL MANAGER'S RECOMMENDATION
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RECOMMENDATION: Recommend to the Board of Directors to:
Approve and authorize the General Manager to execute the Termination of Confidentiality and Common Interest Agreement, by and among Orange County Sanitation District and the Santa Ana Watershed Project Authority; the Eastern Municipal Water District; the Inland Empire Utilities Agency, the Orange County Water District, the San Bernardino Valley Municipal Water District, and the Western Municipal Water District in a form approved by General Counsel.
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BACKGROUND
In January 2022, the Parties initiated a collaborative and predecisional study (Study) to advance and promote the Parties’ Common Interests in addressing and resolving the problems posed by Per- and Polyfluoroalkyl Substances (PFAS) contamination in the Santa Ana River Watershed (“Watershed”). A Confidentiality and Common Interest Agreement (“CCI Agreement”) was established to enable the Parties to investigate, pursue, and/or defend pending and potential claims relating to PFAS contamination.
As of March 2026, the Study prepared under the CCI Agreement has been completed except for a few minor non-substantive tasks. Further, the Parties have now determined it is appropriate to discuss some of the findings obtained through the Study with additional public agencies that operate within the Watershed and that may be impacted by the findings of the Study. Accordingly, and because the purposes of the CCI Agreement have largely been accomplished, the Parties mutually agree it is appropriate to terminate the CCI Agreement by executing this Termination Agreement.
RELEVANT STANDARDS
Protect OC San assets
Sustain 1, 5, 20-year planning horizons
Listen to and seriously consider community input on environmen...
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