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7 Page 1 The Water Code requires the Regional Water Board, when issuing NPDES pennits, to 2 implement "any relevant water quality control plans that have been adopted, and shall take into 3 consideration the beneficial uses to be protected, the water quality objectives reasonably required for 4 that purpose, other waste discharges, the need to prevent nuisance, and the provisions of Section 5 13241." Water Code ~ 13263(a). Section 13241 requires the consideration ofa number of factors, 6 including technical feasibility and economic considerations. Id. ~ 13241. 7 Courts have read these provisions together to mean that the Regional Water Board cannot rely 8 on the requirement for consideration of economic conditions under section 13241 as justification for 9 imposing conditions that are less stringent than those required under the federal Act. City of Burbank 10 v. State Water Resources Control Bd., 35 Cal. 4th 613,626-27 (2005). However, nothing in the 11 federal or state statutory scheme prohibits consideration of economic factors in fashioning permits 12 that meet federal standards. Id. at 629 (J. Brown, concurring). And as implied by the remand order 13 issued by the court in the City of Burbank, sections 13236 and 13241 together require that economic 14 factors must be considered when imposing conditions that exceed federal requirements. Id. at 627 15 n.8 & 629 (remanding to the trial court "to decide whether any numeric limitations, as described in 16 the permits, are 'more stringent' than required under federal law and thus should have been subject to 17 'economic considerations' by the Los Angeles Regional Board before inclusion in the permits"). 18 Pennit conditions that are imposed pursuant to state law reaching beyond the mandatory 19 requirements of the federal Clean Water Act would also trigger review of their environmental impact 20 under the California Environmental Quality Act, Pub. Res. Code ~ 21000 et seq. ("CEQA,,).6 21 22 23 24 25 26 27 28 6 Issuance of NPD ES permits as required to implement the Clean Water Act are exempt from CEQA's requirement of preparation of an environmental impact report for all projects that are expected to have a significant environmental impact. Water Code 9 13389. But municipal storm water permits that contain provisions exceeding the "maximum extent practicable" standard set by the federal Clean Water Act fall outside the exemption established by section 13389. sf~2748053 5 PETITION FOR REVIEW