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Mr. David Lieb - 3 - J February 10, 2003 <br />Marley Cooling Tower Company <br />disposal in violation of this Order. Reasonable steps shall include such accelerated or <br />additional monitoring as necessary to determine the nature and impact of the non -complying <br />discharge or sludge use or disposal." <br />"A. 22. Neither the treatment nor the discharge shall create a condition of nuisance or <br />pollution as defined by the CWC, Section 13050." <br />"B. 1. In the event the Discharger does not comply or will be unable to comply for any <br />reason, with any prohibition, daily maximum effluent limitation, or receiving water limitation <br />of this Order, the Discharger shall notify the Board by telephone (916) 255-3000 within <br />24 hours of having knowledge of such noncompliance, and shall confirm this notification in <br />writing within five days, unless the Regional Board waives confirmation. The written <br />notification shall state the nature, time, duration, and cause of noncompliance, and shall <br />describe the measures being taken to remedy the current noncompliance and, prevent <br />recurrence including, where applicable, a schedule of implementation. Other noncompliance <br />requires written notification as above at the time of the normal monitoring report." <br />Conclusion <br />The Standard Provisions state: <br />"B. 3. The Discharger, upon written request of the Board, shall file with the Board a <br />technical report on its preventive (failsafe) and contingency (cleanup) plans for <br />controlling accidental discharges, and for minimizing the effect of such events. This <br />report may be combined with that required under B.2. <br />The technical report shall: <br />a. Identify the possible sources of spills, leaks, untreated waste by-pass, and <br />contaminated drainage. Loading and storage areas, power outage, waste treatment <br />unit outage, and failure of process equipment, tanks and pipes should be considered. <br />b. Evaluate the effectiveness of present facilities and procedures and state when they <br />became operational. <br />c. Predict the effectiveness of the proposed facilities and procedures and provide an <br />implementation schedule containing interim and final dates when they will be <br />constructed, implemented, or operational. <br />The Board, after review of the technical report, may establish conditions which it deems <br />necessary to control accidental discharges and to minimize the effects of such events. <br />Such conditions shall be incorporated as part of this Order, upon notice to the <br />Discharger." <br />