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City of Stockton and County of San Joaquin Page 24 <br /> NPDES Permit CAS0083470 <br /> Response to Comments <br /> the State administered NPDES program. All of the provisions contained in the MS4 permit <br /> implement applicable federal statutes and regulations to protect the quality of waters in the United <br /> States. These provisions are consistent with the federal regulations and USEPA's guidance. The <br /> Regional Board's issuance of the MS4 permit does not violate the California constitutional <br /> prohibition on unfunded mandates because the MS4 permit implements federal law. <br /> Moreover, the Constitutional provision cited in the comment was not intended to cover permits or <br /> orders, or requirements contained therein, issued by a regulatory agency of state government <br /> imposing federal requirements upon parties prohibited from discharging pollutants into the waters of <br /> the State and the United States under both state and federal law. If County's analysis were correct, <br /> every NPDES permittee could file a"Claim" for reimbursement to comply with regulatory <br /> requirements. <br /> 14. Comment: "Item 1, B(4) Emergency Fire Fighting," County Attachment B <br /> A Comparison of permit provisions for fire fighting discharges to MS4s in recent NPDES permits <br /> shows that there are no restrictions for discharges from emergency fire fighting activities. Examples <br /> of current permit requirements are as follows: <br /> Santa Clara Valley Conditionally exempt discharges from emergency fire fighting activities <br /> Los Angeles Exempts discharges from emergency fire fighting activities (Order 01-182) <br /> San Diego "Emergency fire fighting flows ( i.e., flows necessary for the protection of <br /> life or property) do not require BMPs and need not be prohibited." <br /> (Order 2001-01) <br /> Riverside Same as San Diego (R8-2002-0011) <br /> Orange County Emergency and non-emergency fire fighting flows need not be prohibited. <br /> ... BMPs for non-emergency fire fighting flows are encouraged. <br /> ( Order R9-2002-0001 ) <br /> Bakersfield Exemptions: "Waters from fire fighting activities that are free of <br /> contaminates or are otherwise necessary to avoid threats to public health <br /> and safety." ( Order 5-01-130) <br /> No other MS4 permit has the strict requirements for fire fighting flows that are contained within the <br /> City of Stockton—San Joaquin County Tentative Permit. It does not seem reasonable that the <br /> County be held to a higher standard than any other City in the State. Additionally,the County has no <br /> direct control over any of the Fire Departments that serve the permit area. Fire Protection is <br /> provided by either independent Fire Districts with independent Boards of Directors or by the City of <br /> Stockton. <br />