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REGIONAL BOARD RESPONSE SE(SWRCB/OCC FILE A-1524(A)) `'� -2- PETITION FOR REVIEW OF WASTE DISCHARG$REQUIREMENTS ORDER NO. R5-2002-0181 CITY OF STOCKTON AND SAN JOAQUIN COUNTY PHASE I MUNICIPAL SEPARATE STORM SEWER SYSTEM the Stockton urbanized area. In addition to storm water runoff from the Stockton urbanized area, Calaveras River, Mosher Slough, and Walker Slough also at times receive storm water runoff from agricultural areas and agricultural return (tail water) upstream of the Stockton urbanized area. All of these water bodies discharge to the Sacramento-San Joaquin River Delta and are tidal freshwater within the Stock-ton urbanized area with a one- to three-foot tide. In most areas of the Stockton urbanized area, dry weather flow and storm water runoff are pumped to sloughs/rivers. These drain westerly into the San Joaquin River, which runs along the western side of the Stockton urbanized area. The quality and quantity of these discharges vary considerably and are affected by hydrology, geology, land use, season, and sequence and duration of hydrologic events. The City of Stockton is defined as a medium municipality (population greater than 100,000 but less than 250,000) in the Code of Federal Regulations (CFR)40 CFR 122.26 (b)(7). As such,the City must obtain an NPDES municipal separate storm sewer(MS4) permit. The County of San Joaquin contains urbanized areas and areas of potential growth, which are enclosed within the limits of the City or surround the City. The urbanized areas of the County that are enclosed within the City and the urbanized areas which surround the City are subject to the permit requirements. Due to the proximity of the County's urbanized areas to the City, their physical interconnections to the City's storm sewer system, and the locations of their discharges relative to the City's system, the County is designated as part of the medium MS4 in accordance with 40 CFR 122.26(b)(7)(iii). REGIONAL BOARD PERMITTING ACTIVITY The Regional Board adopted renewed Waste Discharge Requirements (WDRs) Order No. R5-2002-0181 (NPDES No. CAS083470) on 18 October 2002. By letter dated 23 October 2002, the Regional Board transmitted the adopted Orders to the City and all interested parties. Prior to issuance of the WDRs,the Petitioners were covered under the NPDES area-wide MS4 permit, Order No. 95-035, adopted on 24 February 1995. RESPONSE While challenging the WDRs on three main grounds,DeltaKeeper's petition identifies 16 issues of concern with the challenged WDRs and states that its arguments in support of these issues are set forth in its 26 August 2002 comments on the tentative WDRs. See A.R.,Item 13. The Regional Board believes that the Regional Board's responses to comments prepared in connection with the WDRs adequately address these issues.The relevant responses are included, without substantive change,in this response. In addition, the Regional Board's complete responses to DeltaKeepers comments,contained in the A.R.,Item 7, are incorporated herein. FIRST BASIS: THE WDRs CONTAIN NUMEROUS PERMIT FINDINGS THAT ARE ERRONEOUS AND UNSUPPORTED IN THE RECORD DeltaKeeper requests that the State Board direct the Regional Board to provide evidence in the record that supports Finding Nos.33 and 34; if the Regional Board cannot do so,DeltaKeeper requests that the State Board remand the WDRs to the Regional Board for re-issuance with the