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S.04 City of Stockton and County of San Joaquin Page 62 NPDES Permit CAS0083470 Response to Comments exclusive authority held by the Regional Board to issue or modify waste discharge requirements. Only the regional boards and State Board are authorized to issue waste discharge requirements, especially those also serving as NPDES permits. Water Code § 13377; § 13263; 40 C.F.R. § 122.43. The Executive Officer cannot be delegated authority by the Board to issue or modify waste discharge requirements. Water Code § 13223. Nevertheless, that is exactly what the permit does -- the Regional Board will approve essentially a process by which the dischargers will propose permit requirements subject only to the approval of the Executive Officer. Such delegation of authority is forbidden by the Porter-Cologne Act. Response: The Tentative Order does not intend to impermissibly delegate to the Executive Officer the ability to issue or modify waste discharge requirements. DeltaKeeper essentially raises concerns with three aspects of the Tentative Permit; the SWMP, the MRP and the water quality based programs. The Tentative Order specifies that the SWMP will be reviewed and approved by the Regional Board and is expressly made an enforceable component of the Tentative Order. By specifying that the Executive Officer may approve minor modifications to the SWMP, the Regional Board has authorized the Executive Officer to approve changes that meet certain criteria. Moreover, in approving this Tentative Permit,the Regional Board has directed that a thirty day public comment period precede approval by the Executive Officer of any proposed modification. In any instance where the Executive Officer exercises the authority the Regional Board has delegated, an aggrieved party may challenge the Executive Officer's action. This process does not constitute an improper delegation of the Regional Board's authority. Second,DeltaKeeper objects to the Regional Board's delegation of authority to the Executive Officer to approve changes to the MRP. The MRP is approved by the Regional Board, but provides that the Executive Officer(or the Regional Board) may approve modifications thereto or may reissue the MRP. We agree that these modifications are limited . However federal regulations do allow some modifications as described by DeltaKeeper. California Water Code section 13223 permits regional boards to delegate any of its powers and duties to the executive officer with the exception of certain enumerated powers and duties. The issuance of a monitoring and reporting program is not among these enumerated powers and duties and may permissibly be delegated. Finally,the Tentative Order authorizes the Executive Officer to accept, reject or refer to the Regional Board for hearing, the proposed water quality based plans that Permittees are required to submit. As with the SWMP, the Tentative Order requires that a thirty day public comment period precede any action by the Executive Officer. Moreover, in outlining the required elements of the water quality based plans, the Tentative Order establishes specific criteria to which the plans must conform. Through this approach, the Regional Board has authorized the Executive Officer to determine whether the submittals meet the criteria that the Regional Board has established. Again, in any instance where the Executive Officer exercises the authority the Regional Board has delegated, an aggrieved party may challenge the Executive Officer's action. This process does not constitute an improper delegation of the Regional Board's authority. 17. Comment: (DK Comment 3(a))Finding 15 suggests that certain pollutants may be generated from sources that the permittees have limited jurisdiction over. The primary example cited is the use of motor vehicles and attendant pollution from brake pads,tire wear, atmospheric deposition, etc. The