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CC FILE REGIONALON FOR REVIEW OF WASTE DISCOHARGt REQS 24 PETITIUIRE)MENTS 10 ORDER NO. R5-2002-0181 CITY OF STOCKTON AND SAN JOAQUIN COUNTY PHASE I MUNICIPAL SEPARATE STORM SEWER SYSTEM outreach and construction site inspection), the Permittees will propose performance standards that represent the designated level of effort required to comply with this Order and the federal MEP standard. The State Board, in its Water Quality Order 99-05, endorsed compliance with applicable water quality standards as a program-wide performance standard for SWMPs. This program-wide performance standard is preferable to one based on percent pollutant reduction in urban discharges because water quality standards are much easier to monitor. Determining a percent pollutant reduction in urban discharges is monitoring intensive and fraught with uncertainty. This uncertainty, which must be addressed through statistical analysis, creates a margin of error that makes strict enforcement difficult,if not impossible. Through the iterative process set forth in the WDRs, as stated above, each Permittee is required to timely implement control measures and other actions to reduce pollutants in the discharge to the MEP in accordance with the SWMP. If exceedances of water quality standards persist, the Permittees are required to assure compliance through a process whereby they submit a Report of Water Quality Exceedance (RWQE)that describes currently implemented BMPs and additional BMPs that will be implemented to prevent or reduce the exceedances. The RWQE must include a monitoring program, a rationale for the new BMPs, a discussion of the expected pollutant reductions and how implementation of the BMPs will prevent future water quality standard exceedances. In addition, the RWQE must include an implementaion schedule, with milestones and performance standards. (See WDRs, Provision D.1.) TENTH BASIS: THE WDRs FAIL TO CONTAIN COMPLIANCE SCHEDULES DeltaKeeper requests that the State Board remand the WDRs to the Regional Board to require appropriate compliance schedules pursuant to 33 USC § 1342(p)(4) & (5),33 USC § 124.2,40 CFR § 122.47,and 40 CFR 122.47(a)(3) (see Comment No. 2(f)(1), A.R.,Item 13). The WDRs do not contain compliance schedules for achieving compliance with water quality standards. Rather, as Finding No. 26 indicates, immediate compliance with Discharge Prohibitions and Receiving Water Limitations is required. Compliance with these requirements is achieved through the successive implementation of improved BMPs as outlined in Finding Nos. 42 through 54 and Provision D.1. The establishment of future dates for development and submittal of program plans and action by the Regional Board or the Regional Board's Executive Officer, as appropriate, is consistent with the iterative process where the plans will be implemented during the life of the permit. ELEVENTH BASIS THE WDRs FAIL TO COMPLY WITH CEOA PIECEMEAL THE PROJECT AND DEFER MITIGATION REQUIREMENTS DeltaKeeper requests that the State Board remand the WDRs to the Regional Board to require full compliance with CEQA (see Comment No.2(t)(2),A.R.,Item 13). The WDRs implement the federal Clean Water Act and the State Board has determined that the CEQA exemption contained in Section 13389 is applicable(see State Board Order No. WQ 2000-11).