SITE INFORMATION AND CORRESPONDENCE

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City of Stockton and County of San Joaquin Page 69 NPDES Permit CAS0083470 Response to Comments statewide general construction storm water permit, each Permittee shall enforce their local ordinance requirements, and if non-compliance continues the Regional Board shall be notified for further joint enforcement actions. If violations are identified during an inspection and rain is occurring or imminent,the Permittee's shall immediately issue a Stop-work Order for the site. Such Order shall remain in effect until the violations are remedied and appropriate BMPs are in place. If the Permit cannot require immediate compliance during periods of rain or imminent rain, it cannot claim to be reducing storm water discharges to the MEP. Response: The construction site inspection requirements in the Tentative Order are intended to balance the Regional Board's enforcement of the MEP standard with the Permittees' desire to optimize their site inspection resources. The Regional Board is reluctant to dictate more specific inspection requirements because (1) we prefer to allow the Permittees some measure of flexibility to implement their site inspection programs; (2)we believe Board staff inspection and the potential for enforcement against the Permittees will ensure that the Permittees meet their obligation to control pollutant discharges from construction sites; and (3) some enforcement mechanisms, such as stop- work orders, may have legal ramifications that are difficult to predict. For these reasons,no changes will be made to the Tentative Order's construction site inspection requirements at,this time. 37. Comment: (DK Comment 5(g)) SWMP Industrial/Commercial Program 11: We note that certain Industrial/Commercial Program elements are significantly less detailed that those in the previous tentative Permit. For example, the level of inspection requirements are more generic and less prescriptive. In view of the ambiguity of MEP and the historic failure of the Permittees to aggressively inspect facilities, DeltaKeeper urges staff to reinstate the more specific requirements of the previous draft Permit. Response: As best as we can determine, the program elements referred to in the comment were specific procedural requirements for inspecting restaurants, automotive facilities, and RGOs. These procedures were removed from the Tentative Order because some commercial/industrial facility categories were added to the inspection requirements, and the procedures did not apply to these new categories. We expect the Permittees to propose commercial/industrial inspection procedures as part of the revised SWMP (in the form of a commercial/industrial facility inspection form, for example). If we determine that the proposed procedures are inadequate,we will address this issue during the SWMP comment period and, if necessary,when the SWMP is considered by the Regional Board. 38. Comment: (DK Comment 5(h)) SWMP Industrial/Commercial Program I I(b)(i): Significant sources are previously enumerated at I I(a). However, 11(b)(i) seems to suggest that the Permittees shall inspect only those facilities identified by the Permittees as significant sources of storm water pollution. Please clarify if the facilities identified in the Permit as significant sources (i.e., auto body shops, auto dealers, dry cleaners, etc) are to be inspected or if only those sources identified by the Permittee as significant sources are to be inspected. Please define"significant." Facilities should be inspected if they are found to be a potential source of storm water pollution. Response: Provision D.11(b)(i) states that the Permittees shall inspect"[i]ndustrial and commercial facilities identified by the Permittees as significant sources of storm water pollution; these facilities