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<br />7 <br />Page 2 <br /> <br />1 order of a regional board or the state board or decree of a court issued under this division shall <br />2 specify the design, location, type of construction, or particular manner in which compliance may be <br />3 had with that requirement, order, or decree, and the person so ordered shall be permitted to comply <br />4 with the order in any lawful manner.,,).15 <br />5 5. The MRP contains provisions extending beyond the permit term. <br />6 Finally, the Final MRP identifies several items extending its reach well beyond the MRP's <br />7 five-year term. For example: <br /> <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br /> <br />The Permittees shall demonstrate compliance with Discharge <br />Prohibition A.2 and trash-related Receiving Water Limitations through <br />the timely implementation of control measures and other actions to <br />reduce trash loads from municipal separate storm sewer systems <br />(MS4s) by 40% by 2014, 70% by 2017, and 100% by 2022 as further <br />specified below. <br /> <br />(Final MRP, at section C.10 (emphasis added).) The MRP is effective December 1,2009. By law, <br /> <br />an NPDES pennit term cannot exceed five years. Water Code ~ 13378. For this reason, only the <br /> <br />2014 date referenced above is legally valid and those extending beyond it should be stricken from the <br /> <br />final MRP. When the MRP or another successor NPDES permit is reissued, the Regional Water <br /> <br />Board can reassess the necessity, feasibility, and cost of additional reduction goals and impose any <br /> <br />incremental increase as supported by the evidence before it at that time. <br /> <br />DI. SERVICE OF COPIES PETITION ON REGIONAL BOARD. <br /> <br />Copies of this Petition have been served on the Regional Water Board and on all other <br />Permittees other than the Petitioner. <br /> <br />IV. CONCLUSION. <br /> <br />F or all of the reasons set forth above, and others which may be raised in other petitions or by <br /> <br />a further review of the record once it is assembled and if this Petition is taken out of abeyance, the <br /> <br />Final MRP is both procedurally and legally defective. <br /> <br />15 The LID requirements are again illustrative. First, they require all covered development <br />projects to treat 100% of storm water on site. (Final MRP, section C.3.c.i(2)(b).) This requirement <br />clearly specifies the "location" of treatment in contravention of section 13360. In addition, by <br />eliminating the use of underground vaults or bioremediation except where none of the prescribed <br />treatment methods are feasible, the MRP is specifying the design and type of construction, as well as <br />the manner of compliance. (Id.) <br /> <br />sf-2748053 <br /> <br />19 <br />PETmON FOR REVIEW <br />