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<br />7 <br />Page <br /> <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br /> <br />even allow the public to submit additional written comments analyzing or providing evidence <br />concerning the new requirements in the Final Tentative Order. Instead, Petitioner and most other <br /> <br />participants were allotted only five minutes each at the Regional Water Board's October 14,2009 <br /> <br />hearing to verbally explain their positions and lodge objections. <br /> <br /> <br />In addition to these and other serious defects, the Regional Water Board's adoption of the <br /> <br /> <br />MRP is legally inappropriate and invalid in a number of respects, including the following: <br /> <br />. The Regional Water Board's assertion that various MRP Provisions are required by the <br />"maximum extent practicable" ("MEP") standard set forth in the federal Clean Water Act <br />and its implementing regulations is not sufficiently supported by findings; <br /> <br />. In fact, some of the MRP requirements exceed the federal MEP standard, thereby <br />triggering legal obligations for the Regional Water Board to have conducted additional <br />analysis of technical feasibility and economic and environmental impacts under section <br />13241 of the California Water Code and the California Environmental Quality Act, none <br />of which were adequately performed before adoption of the MRP; <br /> <br />. Some of the new requirements in the MRP-including the LID and structural trash <br />capture requirements-are so prescriptive that they effectively specify the means and <br />method of compliance in violation of Water Code section 13360; and <br /> <br />. The MRP illegally contains provisions extending beyond the maximum five-year term of <br />an NPDES permit, as limited by Water Code section 13378. <br /> <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br /> <br />These defects render the MRP inappropriate and invalid and require action by the State Water <br /> <br /> <br />Board-preferably by means of a remand to the Regional Water Board- pursuant to its authority <br /> <br />under Water Code section 13320(c). <br /> <br /> <br />As set forth in more detail below, these (and many other) objections to the MRP have been <br /> <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br /> <br />raised before the Regional Water Board before it acted, as will be reflected in the record to be <br />assembled.4 <br /> <br />I. <br /> <br />FACTUAL AND PROCEDURAL BACKGROUND. <br /> <br />23 A. Federal and State Statutory Scheme. <br />24 The discharge of pollutants in storm. water is governed by Clean Water Act Section 402(P), <br />25 which governs permits issued pursuant to the National Pollution Discharge Elimination System <br /> <br />26 <br />27 <br />28 <br /> <br />4 Petitioner reserves the right to supplement and expand upon this Petition if it is taken out of <br />abeyance and once the record had been assembled. <br /> <br />sf-2748053 <br /> <br />3 <br />PETITION FOR REvIEW <br />