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D R A F T January 4, 2012 <br /> wastewater mixture applied to the fields and discharged to the ponds includes, at various times, <br /> secondary effluent, untreated industrial wastewater, a biosolids slurry, stormwater and runoff, <br /> and biosolids supernatant. <br /> CALSPA correctly asserts that the sewage exemption in Title 27 does not include <br /> residual sludges. However, residual sludges may be discharged in compliance with Title 27 if <br /> the sludges are discharged in accordance with any other applicable exemption under section <br /> 20090, such as the wastewater exemption. The City contends that the discharge of both the <br /> biosolids slurry and supernatant is exempt from Title 27 as a soil amendment under section <br /> 20090(f). The Board concludes, however, that the wastewater exemption is more appropriate <br /> than the soil amendment exemption. The biosolids slurry and supernatant are applied to land <br /> as part of a wastewater mixture, as noted previously. In addition, the soil amendment <br /> exemption applies to decomposable wastes26 and the wastewater mixture applied to land <br /> includes waste components that are likely not decomposable, such as metal finishing wastes <br /> and a considerable amount of non-nutritive salts. <br /> Based on the foregoing discussion, the Board concludes that it is the wastewater, rather <br /> than the sewage, exemption that could apply to the discharge. The Board will, therefore, <br /> consider whether the findings in Order No. R5-2007-0113 and the evidence in the record <br /> support the conclusion that the City's land disposal activities meet the preconditions for the <br /> wastewater exemption. The Central Valley Water Board has issued waste discharge <br /> requirements for the City's land disposal activities and the discharges do not appear to be <br /> hazardous. Consequently, the Board will focus its analysis on whether the findings and the <br /> evidence indicate that the City's land disposal activities comply with the remaining precondition <br /> under section 20090(b) that "the discharge is in compliance with the [Basin Plan]." The City <br /> bears the burden of proof on this issue. The City must demonstrate, with appropriate data, that <br /> its land disposal activities comply with the Basin Plan. <br /> 2. Findings <br /> The Central Valley Water Board concluded that the City's land disposal activities were <br /> exempt under the sewage exemption in Title 27, but did not explicitly find that the City's <br /> discharge currently complies with the Basin Plan. Instead, the record reflects that the Central <br /> Valley Water Board stated that additional information on groundwater quality and discharge <br /> portion of the publicly owned treatment works that is designed to provide treatment of municipal and industrial waste. <br /> (Id. §403.3(r).) <br /> 25 "Decomposable wastes"are wastes"which, under suitable natural conditions, can be transformed through <br /> biological and chemical processes into compounds that do not impair the quality of waters of the state." (Cal. Code <br /> Regs.,tit.27, §20164.) <br /> 10. <br />