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Baker, Lydia [EHD] From: Padilla, Justin [PW] Sent: Tuesday, May 25, 2021 10.15 AM To: Baker, Lydia [EHD] Cc: Valadez, Roy [PW] Subject: RE: 2537 Waterloo Rd Lydia, I have included a link to the municipal permit. https://www.waterboards.ca.govicentralvalleyiboard decisions/adopted orders/general orders/r5-2016- 0040 ms4.pdf Firefighting flows are mentioned throughout the municipal stormwater discharge permit as authorized non- stormwater discharges. Below are some excerpts: JURISDICTION 3. Storm Water and Non-Storm Water Discharges. Storm water discharges consist of those discharges that originate from precipitation events. Federal regulations define "storm water" as "storm water runoff, snow melt runoff, and surface runoff and drainage" (Title 40 of the Code of Federal Regulations (CFR) section 122.26 (b)(13)). Non-storm water discharges that do not originate from precipitation events are not considered storm water discharges, and therefore are not subject to the Maximum Extent Practicable (MEP) standard of CWA section 402(p)(3)(B), which is explicitly for "Municipal.. .Storm water Discharges (emphasis added)" from the MS4s (See 33 U.S.C. § 1342(p)). Pursuant to CWA section 402(p)(3)(B)(ii), non-storm water discharges into the MS4s shall be effectively prohibited. This prohibition applies unless the discharges are authorized under a separate NPDES permit; the result of emergency firefighting activities; or conditionally exempted under this Order. 23 Emergency firefighting flows (e.g., discharges necessary for the protection of life or property such as building fire suppression system maintenance discharges or sprinkler line flushing) do not require immediate implementation of BMPs and are not classified as prohibited non-storm water. Authorized Non-Storm Water Discharge - Discharges that are not composed entirely of storm water and that are: (1) separately regulated by an individual or general NPDES permit and allowed to discharge to the MS4 in compliance with all NPDES permit conditions (2) listed as a category in 40 CFR 122.26(d)(2)(iv)(B)(1) and the discharge is not determined to contain pollutants by the Permittee or Executive Officer; or (3) necessary for emergency responses purposes, including flows from emergency firefighting activities. As such, our department has made it practice to not enforce or investigate any type of flows that may result from emergency firefighting. If there are any questions pertaining to our interpretation of the permit, please forward them onto Roy Valadez, who is the lead for our NPDES program, and who would best be equipped to handle such inquiries. Thank you, 1