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City of Stockton and County of San Joaquin Page 41 NPDES Permit CAS0083470 Response to Comments The storm water discharges at issue in this permit have been identified as contributing or causing these Toxic Hot Spots. Consequently, the WDRs must be evaluated and revised to ensure compliance with water quality control plans. It is unlikely that an iterative BMP based approach will be sufficient to ensure remediation or prevention of Toxic Hot Spots. The Permit must comply with the Regional Board's Water Quality Control Plan, Fourth Edition, September 1998. (Basin Plan). The Basin Plan's Policies include the: 1. Urban Runoff Policy which states that"[e]ffluent limitations for storm water runoff are to be included in NPDES permits where it results in water quality problems (Basin Plan at IV- 14.00)," 2. Controllable Factors Policy which states that"[c]ontrollable factors are not allowed to cause further degradation of water quality where other factors have already resulted in water quality objectives being exceeded(Basin Plan at IV-15.00)," and 3. Water Quality Limited Segment Policy which states that `[a]dditional treatment beyond minimum federal requirements will be imposed on dischargers to Water Quality Limited Segments (Basin Plan at N-15.00)." Stockton area waterways, receiving storm water and non-storm water runoff, are"Water Quality Limited Segments"having"water quality problems"that are caused by"controllable factors." Effluent limitations beyond minimum federal requirements are required in the Permit. Response: The Tentative Order's findings and Fact Sheet recognize that Stockton area waterways have significant water quality impairment (see, e.g.,Findings 63-67). To reflect the requirements of CWC Section 13395, the Tentative Order imposes requirements for Water Quality Based Programs; Provision 18 also requires development of a Pesticide Plan,Pathogens Plan and a Dissolved Oxygen Plan to address these specific impairments. 5. Comment: (DK Comment 2(d))Because The Permit Will Lead To Further Degradation Of Water Quality, It Must Include An Anti-Degradation Analysis Under 40 CFR 131.12. Finding 53 states that"[t]his Order provides for an increase in urban stone water discharge due to continuing development within each Permittee's jurisdiction. Therefore, it is possible that future degradation of receiving water quality may occur. The continued implementation of the permittees' S WMP that comply with the requirements of this Order will reduce the potential for discharges from MS4s to cause or contribute to the degradation of the receiving water quality. Therefore,this Order is consistent with the anti-degradation provisions of 40 CFR 131.12 and the State Board Resolution 68-16. All of the urban waterways are already degraded and identified as"impaired water bodies,"Toxic Hot Spots," and habitat for species protected pursuant to state and federal endangered species acts. Finding 53 admits that storm water discharges will increase due to continuing development. Based on information contained in annual reports and the Permit, degradation has continued over the last Permit term. The new Permit fails to institute changes significant enough to create any expectation