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City of Stockton and County of San Joaquin Page 3 NPDES Permit CAS0083470 Response to Comments appropriate for the control of such pollutants." Identification of specific BMPs in the Tentative Order is therefore consistent with the CWA. Since the Tentative Order is written to implement CWA requirements, it does not violate CWC Section 13360 for the Regional Board to include a program of specified BMPs to be implemented by the permittees to carry.out the CWA requirements. In developing the Tentative Order, Board staff considered the Stockton area's specific geologic and hydrologic conditions and socio-economic issues in selecting BMPs. Those BMPs specified in the Tentative Order are intended to reduce pollutants that contribute to water quality impairment that may cause impairment of receiving waters in the future. 2. Comment: Failure to consider cost impacts of Permit requirements It has been estimated that the cost of compliance with the tentative permit conditions will result in a minimum cost of two to three times the current$2,000,000 per year program cost. The eventual cost may be higher depending on how permit language is interpreted, results of water quality investigations, and future impairment listings. The Regional Board has a legal duty to consider the adverse economic impacts of its actions, together with the beneficial impacts, prior to acting. Based on discussions with Regional Board staff, it is clear that the cost impacts of the program enhancements were not considered when the Tentative Permit was drafted. However,the Regional Board must consider economic impacts when issuing a permit. (Water Code, §§ 13241, 13263.) Water Code Section 13263 requires the Regional Boards to address the factors specified in Section 13241 prior to adopting waste discharge requirements. Water Code Section 13241 requires the Regional Board to consider the following factors prior to adopting water quality objectives that ensure the reasonable protection of beneficial uses: • Past, present, and probable future beneficial uses of water; • Environmental characteristics of the hydrographic unit under consideration, including the quality of water available thereto; • Water quality conditions that could reasonably be achieved through the coordinated control of all factors affecting water quality in the area; • Economic considerations; • The need for development of affordable housing within the region; and • The need to develop and use recycled water. Additionally, the Clean Water Act requires that pollutants from municipal storm water discharges be removed to the maximum extent practicable (MEP). (33 U.S.C. § 1342(p)(3)(B)(iii).) State Board Order WQ 2000-11 cites the President's Clean Water Initiative,which provides "that the maximum extent practicable standard should be applied in a site-specific, flexible manner, taking into account cost considerations as well as water quality effects." (Order WQ 2000-11 at pp. 19-20, citing 64 Fed. Reg. 68722, 68732 (Dec. 8, 1999).) Thus, the Regional Board must consider costs when developing Stockton's permit and when determining whether it meets the MEP standard.