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City of Stockton and County of San Joaquin Page 8 NPDES Permit CAS0083470 Response to Comments and detergents contribute to BOD. As shown below, all but one of the cited businesses have potential pollutant discharges that may contribute to water quality impairment for low dissolved oxygen. • Auto dealers—detergents, petroleum hydrocarbons, (both BOD contributors) and heavy metals; • Auto repair shops—petroleum hydrocarbons (BOD contributor) and heavy metals • Restaurants—cooking grease and detergents (both BOD contributors) • RGOs—petroleum hydrocarbons (BOD contributor) and heavy metals Second, the BMPs contained in the Tentative Order are not limited to addressing only sources of pollutants that are currently causing impairment in Stockton area waterways. The CWA's MEP standard has no such limitation. The Permittees' Storm Water Management Plan must therefore address pollutants that are currently causing water quality impairment as well as pollutants that may cause water quality impairment in the future. Auto body shops are a potential source of pollutants (i.e., paints, organic solvents, and heavy metals) that are in the latter category. 4. Comment: Delegation of General Permit oversight The state may not delegate its regulatory responsibilities under the industrial and construction storm water permit programs. Findings #22, 24, 25 and Provisions D.10 and D.I I clearly transfer the responsibility for regulation, inspection, and enforcement from the State to the City of Stockton. By requiring the City to adopt local ordinances to implement measures of the State's General Industrial and Construction Permits, the Regional Board would be improperly delegating its responsibility to enforce the General Permits. "EPA [or the NPDES state] cannot abrogate its responsibilities under the CWA to implement the NPDES permit program by relying on pollution control programs that are outside the NPDES program." (National Pollutant Discharge Elimination System Permit Regulations for Storm Water Discharges, 55 Fed. Reg. 47990, 48052 (Nov. 16, 1990)). The Tentative Permit should more clearly define the roles of the City and the Regional Board with regard to storm water discharges from industrial and construction sources, and eliminate overlap between the enforcement responsibilities of the City and the Regional Board. The Tentative Permit should recognize that the City's local program is separate and distinct from the General NPDES Permit programs. Additionally, the Tentative Permit should recognize that any local ordinance adopted by the City to address industrial or constriction stone water discharges should not merely result in the City taking over the Regional Board's responsibilities to enforce the General Permits. While the City should and will address the regulatory requirements specified in 40 C.F.R. section 122.26(d)(2)(i) to demonstrate legal authority to control the contribution of pollutants to its MS4, the Regional Board cannot require the City to implement and enforce the General Construction and Industrial NPDES programs. Response: The Tentative Order is not intended to and does not delegate to the Permittees the responsibility to enforce the Industrial and Construction General Permits. Revisions have been made to Provisions D.10 and D.11 to clarify this intent.