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Are school districts and/or other public agencies such as water districts exempt from the prohibited discharge requirements or can municipalities enforce the prohibitions for these entities?

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Are school districts and/or other public agencies such as water districts exempt from the prohibited discharge requirements or can municipalities enforce the prohibitions for these entities?

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The permits set conditions for discharges from the municipalities’ MS4s, and do not regulate discharges from quasi-governmental agencies. Permit conditions include enforcement of local ordinances and efforts to address discharges from special districts, because MS4 operators cannot passively receive and discharge pollutants from third parties. Recognizing that municipalities may not possess the authority to control all existing land uses that are connected to the MS4 conveyance system, the permit gives municipalities flexibility to implement a strategy for addressing discharges from such areas. Also, special districts may be designated for coverage under Phase II of the NPDES storm water program. In which case, the districts will be responsible for reducing pollutants and meeting similar permit requirements as the municipalities.

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