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City of Stockton and County of San Joaquin Page 40 NPDES Permit CAS0083470 Response to Comments required or authorized by the Federal Water Pollution Control Act, as amended, issue waste discharge requirements and dredged, or fill material permits which apply and ensure compliance with all applicable provisions of the act and acts amendatory thereof or supplementary thereto, together with any more stringent effluent standards or limitations necessary to implement water quality control plans,or the protection of beneficial uses, or to prevent nuisance." (Emphasis added). Porter-Cologne requires the state to exercise its authority pursuant to CWA § 402(P)(3)((B)(iii)to pursue"such other methods"necessary to secure compliance with water quality control plans,protect beneficial uses and prevent nuisance. Section 13390 et. seq. of Porter-Cologne goes even further. Otherwise known as Bay Protection and Toxic Cleanup, the section requires state and regional boards to "(1) identify and characterize toxic hot spots...(2)plan for the cleanup or other appropriate remedial or mitigating actions at the sites, and(3) amend water quality control plans and policies to incorporate strategies to prevent the creation of new toxic hot spots and the further pollution of existing hot spots." Section 13392. The state and regional boards "shall...identify specific discharges or waste management practices which contribute to the creation of toxic hot spots, and shall develop appropriate prevention strategies, including,but not limited to, adoption of more stringent waste discharge requirements, onshore remedial actions, adoption of regulations to control source pollutants and development of new programs to reduce urban and agricultural runoff. Id. (emphasis added). The requirements become even more specific. Section 13395 requires that each regional board shall,within 120 days from the ranking of a toxic hot spot, initiate a reevaluation of waste discharge requirements for dischargers who...have discharged all or part of the pollutants which have caused the toxic hot spot. These reevaluations shall be for the purpose of ensuring compliance with water quality control plans..." All reevaluations must be completed within one year of ranking. Id. The regional board"shall...revise waste discharge requirements to ensure compliance with water quality control plans...including requirements to prevent the creation of new toxic hot spots and the maintenance or further pollution of existing toxic hot spots." Id. The regional board"...may determine it is not necessary to revise a waste discharge requirement only if it finds that the toxic hot spot resulted from practices no longer being conducted by the discharger: Id. (emphasis added). Appendix A of the Final Consolidated Toxic Hot Spots Cleanup Plan lists the Delta,Mosher Slough, 5-Mile Slough,Mormon Slough and the Calaveras River as high priority toxic hot spots because of diazinon and chlorpyrifos. French Camp and Duck Sloughs are listed for chlorpyrifos. The San Joaquin River is listed as a high priority toxic hot spot for low dissolved oxygen. The Delta is listed as a moderate priority toxic hot spot because of chlordane, dieldrin, lindane, endosulfan, toxaphene heptachlor, total PCBs,PAH and DDT. The Delta Estuary, Smith Canal, Mosher and 5-Mile Sloughs and the Calaveras River are listed for low dissolved oxygen. The only one of these local toxic hot spots that is currently being addressed is the San Joaquin River dissolved oxygen control plan through development of the San Joaquin River Dissolved Oxygen TMDL. Staff now proposes to issue a new MS-4 permit to Dischargers identified as causing or contributing to these toxic hot spots without reevaluating the WDRs and requiring sufficient controls to ensure compliance with water quality control plans.