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quality standard (objective) or are a significant contributor of pollutants. Section <br />402(p) provides that permits may be issued on a system -wide basis, shall include a <br />requirement effectively prohibiting non -storm water discharges to storm sewers, and <br />shall require controls to reduce the discharge of pollutants to the maximum extent <br />practicable. The United States Environmental Protection Agency (hereinafter US <br />EPA) promulgated regulations on November 16, 1990 on NPDES permit application <br />requirements including the development of storm water management programs for <br />municipal storm water discharges. The Dischargers' application and permit satisfy <br />the intent of the Section 402(p) requirements. <br />5. Federal Code of Regulations, Title 40 — Protection of Environment, Chapter 1, <br />Environmental Protection Agency, Subchapter D, Water Programs, Parts 122-125 <br />(hereinafter referred to as 40 CFR specific Part number) contain promulgated <br />regulation pertaining to the NPDES application permit conditions and program <br />requirements. <br />IV. Svecific Rationale <br />Discharge Prohibition A.1 and A.2: These prohibitions reflect the CWA Section <br />402(p) requirement of effectively prohibiting non -storm water discharges to storm <br />sewers. Effeciively prohibiting means that non -storm water discharges shall be <br />specifically regulated by an NPDES permit or that the discharge is not considered <br />waste or does not contain constituents of concern, in which case an NPDES permit <br />would not be required. <br />2. Receiving Water Limitations B.1 and B.2: The receiving water limitations are the <br />applicable water quality objectives and standards contained in the Basin Plan. <br />Freshwater objectives apply to rivers, creeks, and other freshwater bodies within the <br />basin. Marine water quality objectives apply to the Pacific Ocean, Lower and South <br />San Francisco Bay, and the portions of the Bay's tributaries where the salinity of the <br />water is suitable for marine aquatic life. <br />Provision C.1: This provision states the essential theme of the permit that the <br />Dischargers are expected to demonstrate compliance with Discharge Prohibition A.2 <br />and Receiving Water Limitations B.1 and B.2 through the timely implementation of <br />control measures, management practices, and other actions to reduce pollutants in <br />discharges in accordance with their Plan. This standard of treatment is prescribed in <br />40 CFR 122.26(d)(2)(iv). If the Regional Board or Discharger(s) determine that the <br />discharges are causing or contributing to an exceedence of an applicable water quality <br />standard, the Discharger(s) need to submit a report describing what BMPs are <br />currently being implemented and what additional BMPs will be implemented to <br />reduce the pollutants that are causing or contributing to the exceedance of water <br />quality standards. Preparation, implementation, and iterative improvement of an <br />effective Plan are thus, the essential means of achieving and evaluating compliance. <br />