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4.7.2 REGULATORY SETTING FEDERAL REGULATIONS The National Pollutant Discharge Elimination System(NPDES)permit program was established under the federal _ Clean Water Act(CWA) to regulate municipal and industrial discharges to surface waters of the United States. Federal NPDES permit regulations have been established for broad categories of discharges,including point-source municipal waste discharges and nonpoint-source stormwater runoff.NPDES permits generally identify effluent and receiving-water limits on allowable concentrations and/or mass emissions of pollutants contained in the discharge; prohibitions on discharges not specifically allowed under the permit; and provisions that describe required actions by the discharger, including pollution prevention,monitoring,and reporting activities.One category of the NPDES permit applies to municipal and industrial stormwater discharges.The Regional Water Quality Control Boards (RWQCBs)in California are responsible for implementing the NPDES permit system. See"Central Valley Regional Water Quality Control Board"(Central Valley RWQCB)under State Regulations below for further discussion. STATE REGULATIONS State Reclamation Board The State Reclamation Board has jurisdiction over flood control in California.The Reclamation Board is responsible for ensuring the serviceability of levees and requires permits for any activity that may affect a state _ levee or the capacity of the state flood control system. Central Valley Regional Water Quality Control Board The Central Valley RWQCB has adopted specific NPDES stormwater and non-stormwater permits for a variety of activities that have potential to discharge pollutants to waters of the state. Phase 2 of the NPDES stormwater permit regulations, which became effective in March 2003,require that NPDES permits be issued for construction activity for projects that disturb greater than I acre of land(the regulations previously applied only to disturbances greater than 5 acres).The State Water Resources Control Board's(SWRCB's) statewide stormwater permit for general construction activity(Order 99-08-DWQ, as amended) is applicable to all land-disturbing construction — activities including clearing,grading,stockpiling, and excavation.Discharges subject to this NPDES permit must develop and implement a stormwater pollution prevention plan(SWPPP). The SWPPP includes a site map and description of construction activities and identifies the Best Management Practices(BMPs)that will be employed to prevent soil erosion and discharge of other construction-related pollutants(e.g.,petroleum products, solvents, paints,cement)that could contaminate nearby water resources.Implementation of BMPs identified in the SWPPP is the principal means of compliance with the NPDES regulations and include such measures as source controls, _ treatment controls, and site-planning measures. Dischargers are required to eliminate or reduce nonstormwater discharges to storm sewer systems and other waters. The permit also requires dischargers to consider the use of permanent post-construction BMPs to protect water quality throughout the life of the project. All NPDES permits also have inspection,monitoring, and reporting requirements to ensure that BMPs are effective at controlling discharges of stormwater-related pollutants. In response to a court decision,the Central Valley RWQCB implemented mandatory water-quality sampling requirements in 2001 (Resolution 2001-046) for visible and nonvisible contaminants in discharges from construction activities.Where nonvisible pollutants are known or should be known to be present and would likely cause a discharge, sampling and analysis is required. Other permits of the Central Valley RWQCB include a general NPDES permit for construction dewatering activity(Order 5-00-175)that authorizes direct discharges to surface waters for up to 250,000 gallons per day for no more than a 4-month period each year.All of the NPDES permits involve similar processes, including _ submittal to the Central Valley RWQCB of Notices of httent(NOI)to discharge and implementation of BMPs to minimize those discharges. EDAW College Park at Mountain House Specific Plan III Draft EIR Drainage 4.7-4 San Joaquin County