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City of Stockton and County of San Joaquin Page 44 NPDES Permit CAS0083470 Response to Comments No sensible person would credibly assert the proposed BMPs or performance standards will reduce pollutants to MEP or achieve water quality standards, so it would be surprising if the Board intends the language in Finding 32 to be a Finding of fact. However, in the event this is the intention of the finding,DeltaKeeper would like to note that such a Finding is totally unsupported by any evidence. Neither the Board nor the discharger can show that any of the BMPs under the current permit have reduced pollution by one pound or remedied any existing receiving water violations. Nor has the Board or discharger performed any detailed analysis of how these specific BNIPs will reduce pollution,much less assure these requirements are met. The authors of the CWA were quite specific in writing that: "(1) it is the national goal that the discharge of pollutants into the navigable waters by eliminated by 1985; (2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983; (3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;.......and(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution." CWA Section 101(a). In implementing these goals and policies, with respect to municipal storm water discharges, Congress explicitly required controls to reduce the discharge of pollutants to the "maximum extent practicable" and"such other provisions as appropriate for the control of such pollutants." CWA § 402(p)(3)(B)(iii). The Webster's New Universal Unabridged Dictionary defines "maximum" as: 1. the greatest quantity or amount possible, assignable, allowable, etc. 2. the highest amount,value, or degree attained or recorded. 3. an upper limit allowed or allowable by law or regulation. The Webster's New Universal Unabridged Dictionary defines "practicable" as: "1. capable of being done, effected, or put into practice,with the available means; feasible: a practicable solution. 2. capable of being used: a practicable gift. "The synonym of practicable is: workable, achievable, attainable. The definition of practicable vividly contrasts with the word practical which is defined as: "1. of or pertaining to practice or action:practical mathematics. 2. consisting of, involving, or resulting from practice or action: a practical application of a rule. 3. of, pertaining to, or concerned with ordinary activities,business, or word:practical affairs. 4. adapted or designed for actual use;useful: practical instructions. 5. engaged or experienced in actual practice or work: a practical politician 6. inclined toward or fitted for actual work or useful activities: a practical person. 7.mindful of the results, usefulness, advantages or disadvantages, etc., of action or procedure. 8.matter-of-fact; prosaic. 9.being such in practice or effect; virtual: a practical certainty. The synonym of practical is pragmatic. The word maximum is unambiguous; it means the highest possible amount. Practicable is clearly a higher standard than what is merely practical. Practicable is unambiguous. It refers to what is technically feasible. The EPA and Water Boards have illegally twisted Congress' words and