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�% . `.4 <br /> City of Stockton and County of San Joaquin Page 14 <br /> NPDES Permit CAS0083470 <br /> Response to Comments <br /> requirements, especially those also serving as NPDES permits. (Water Code § 13377; § 13263; and <br /> 40 C.F.R. § 122.43) The Executive Officer cannot be delegated authority by the Board to issue or <br /> modify waste discharge requirements. Water Code § 13223. <br /> 13. Comment: Provision D.10 "Construction Program"requires the submittal of a SWPPP to the City <br /> prior to issuance of a grading permit. In addition,the permittees are required to inspect sites for <br /> compliance with a"Local SWPPP". In previous versions of the Tentative Permit, the local SWPPP <br /> was defined. However, that language has been deleted and the result is confusion over the submittal <br /> and inspection criteria. The intent of the local SWPPP requirement was to give the permittees <br /> flexibility to determine what information must be submitted for review prior to starting <br /> construction. This flexibility is essential if a proper project review and inspection program is to be <br /> implemented. Proposed permit language revisions have been included in the attached marked up <br /> WDR to correct this deficiency. <br /> Response: Provision D.10 has been revised to (1) remove references to the "local"SWPPP, and(2) <br /> specify that the Permittees are only required to inspect construction sites for compliance with local <br /> ordinances and the SWPPP components identified in the Tentative Order. <br /> 14. Comment: Provision D.11.b.i "Commercial Facilities"was copied directly from the Los Angeles <br /> permit and specifies the commercial land uses that must be regulated (restaurants, RGO, automotive <br /> dealerships and service facilities, etc.). The San Diego area permit allows prioritization of <br /> commercial land uses so that dischargers of pollutants of concern can be targeted. No data or <br /> Findings have been provided to justify that the noted land uses are discharging pollutants of concern <br /> in the Stockton permit area. This requirement will divert scarce resources from targeting <br /> commercial land uses that are actually contributing to impairments in Stockton. The permit <br /> language has been modified in the attached WDR to match the San Diego permit. <br /> Response: Provision D.I I(b)(i) allows the Permittees to prioritize sites for inspection as part of <br /> their Commercial/Industrial program. This provision also requires the Permittees to inspect <br /> businesses in nine categories that, based on Board Staff s professional judgment, are potentially <br /> significant sources of pollutants. Inclusion of these business categories in inspection requirements <br /> is consistent with the federal MEP standard and specifically with 40 CFR 122.26(d)(2)(iv)(A)(6) <br /> and 122.26(d)(2)(iv)(C). <br /> 15. Comment: The City requested deletion of Provision D.12.b.vi (Page 40 of City's permit markup), <br /> which requires the cleanout of 20 percent of the MS4 annually. The reason for this request was that, <br /> "the City erroneously noted in its ROWD that the storm sewers were cleaned on a five-year cycle..." <br /> Response: Provision D.12(b)(vi) has been deleted. <br /> 16. Comment: The City requested deletion of Section I.B.7 of the Monitoring and Reporting Program <br /> (MRP),which read: "Identification and analysis of any long-term trends in storm water or receiving <br /> water quality. For a long-term trend analysis to be valid, sufficient data must be available. The <br /> Permittees will conduct an analysis for constituents that have sufficient data. For those constituents <br />