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%W.. 1.04 City of Stockton and County of San Joaquin Page 9 NPDES Permit CAS0083470 Response to Comments The Tentative Order requires the Permittees to report applicable construction sites or industrial facilities that have failed to file notices of intent for coverage under appropriate general permit(non- filers). This requirement does not constitute improper delegation of enforcement of the general permits. Further, reporting non-filers is in the interest of the Permittees because facilities achieving compliance with a general permit will, in large part, achieve compliance with local ordinances. 5. Comment: Requiring City to determine compliance with Permit conditions There are a number of instances in the tentative permit where the City is required to determine if it is in compliance with the Permit conditions and to enforce the Permit conditions on other entities. For example, Provision D.6.g of the Tentative Permit requires the City to establish and enforce adequate legal authority to "Carry out all inspections, surveillance, and monitoring necessary to determine compliance and noncompliance with local ordinances and permits and with this Order, including the prohibition on illicit discharges to the MS4." The City has the authority to determine compliance with and enforce its own ordinances. The City, however, has no legal authority to determine compliance with the Order. The City is only an entity regulated by the Order. The provisions of the Order are not enforceable against others and, therefore, the City need not determine whether others are complying with the Order. Also, the Regional Board is the issuing agency and while the City must comply with the Order, the Regional Board is responsible for enforcing its own Order. (Water Code, § 13265.) Response: While the Regional Board is responsible for enforcing its own Order, the City must provide the data necessary for the Regional Board to determine if the City is in compliance with a Regional Board-approved Order. The Permittees are required the City to establish performance standards for each BMP implemented as part of their SWMP, and then report on whether performance standards have been met in the Annual Reports. Having Permittees evaluate compliance with Orders in this manner is consistent with Regional Board procedure for NPDES programs. 6. Comment: Implementation of permit within 3 years Finding#27 requires compliance with the permit within three years of issuance. 40 C.F.R. section 122.42(d) has been cited to support the requirement of a three-year permit compliance schedule. This section requires that"[t]he initial permits for discharges composed entirely of storm water issued pursuant to § 122.26(e)(7) of this part shall require compliance with the conditions of the permit as expeditiously as practicable, but in no event later than three years after the date of issuance of the permit" (emphasis added). Because Stockton's MS4 permit is not the initial permit, but is a renewal/update of the initial permit, this three-year time limit does not apply, and therefore Finding #27 should be deleted. Response: Comment noted. The three year compliance period specified in CWA Section 402(p)(4)(B) and 40 CFR 122.42(d) applies to initial MS4 permits. Subsequent or renewed MS4 permits require immediate compliance with permit conditions, consistent with and as required in 40 CFR 122.4(a). Finding 27 has been revised accordingly.