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7 Page 1 ("NPDES"). 33 V.S.C. ~ 1342(P). With respect to a municipality's discharge of storm water from a 2 municipal separate storm sewer system ("MS4"), Section 402(P)(3)(B) provides: 3 Permits for discharges from municipal storm sewers- 4 5 6 7 8 9 10 33 V.S.C. ~ 1342(p)(3)(B). (i) may be issued on a system or jurisdiction-wide basis; (ii) shall include a requirement to effectively prohibit non-storm water discharges into the storm sewers; and (Hi) shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants. 11 California is among the states that are authorized to implement the NPDES permit program. 12 33 V.S.C. ~ 1342(b). California's implementing provisions are found in the Porter-Cologne Water 13 Quality Control Act. See Water Code ~~ 13160 and 13370 et seq. Respondent State Water Board is 14 designated as the state water pollution control agency for all purposes stated in the Clean Water Act. 15 Water Code ~ 13160.5 State and Regional Water Boards are authorized to issue NPDES permits. 16 Water Code ~ 13377. NPDES permits are issued for terms not to exceed five years. Id. ~ 13378 17 ("Such requirements or permits shall be adopted for a fixed term not to exceed five years. "). 18 Thus, when a Regional Water Board issues a NPDES permit, it is implementing both federal 19 and state law. Pennits issued by a Regional Water Board must impose conditions at are at least as 20 stringent as those required under the federal act. 33 V.S.C. ~ 1371; Water Code ~ 13377. But, 21 relying on its state law authority or discretion, a Regional Water Board may also impose permit limits 22 or conditions in excess of those required under the federal statute as "necessary to implement water 23 quality control plans, or for the protection of beneficial uses, or to prevent nuisance." Water Code ~ 24 13377. 25 26 5 Water Code Sections 13160 and 13370 et seq. reference the Federal Water Pollution Control Act. After the Federal Water Pollution Control Act was amended, it commonly became known as the 27 Clean Water Act. 28 sf-2748053 4 PETITION FOR REvIEW