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WASTE DISCHARGE REQUIREMENTS -3- <br /> LIBBEY-OWENS-FORD COMPANY <br /> LATHROP PLANT NO. 10 <br /> SAN JOAQUIN COUNTY <br /> 12. The critical time for spawning and migration of fish in the San Joaquin <br /> River is from 15 April to 15 June. Therefore, the Discharger has agreed <br /> not to discharge effluent from the fluoride process to the San Joaquin <br /> River during that period of time. <br /> 13. The beneficial uses of the San Joaquin River are municipal , industrial , <br /> and agricultural supply; recreation; aesthetic enjoyment; navigation; <br /> ground water recharge; fresh water replenishment; hydroelectric power <br /> generation; and preservation and enhancement of fish, wildlife, and other <br /> aquatic resources. <br /> 14. The beneficial uses of the ground water are municipal , industrial , and <br /> agricultural supply. <br /> 15. The State Water Resources Control Board (SWRCB) Water Quality Control Plan <br /> for Control of Temperatures in Coastal and Interstate Waters and Enclosed <br /> Bays and Estuaries of California (the Thermal Plan) is applicable to this <br /> discharge. The Board on 22 October 1976 adopted Resolution No. 76-217 <br /> granting an exception to objectives 5A(1)a and 5A(1)c of the Thermal Plan. <br /> Additionally, Resolution No. 76-217 requires that the temperature of the <br /> discharge shall not exceed the natural receiving water temperature by more <br /> than 40 degrees F. The SWRCB on 21 April 1977 adopted Resolution <br /> No. 77-34 approving Board Resolution No. 76-217. <br /> 16. Effluent limitation, and toxic and pretreatment effluent standards <br /> established pursuant to Sections 301, 302, 303(d) , 304, 306, and 307 of <br /> the Clean Water Act and amendments thereto are applicable to the <br /> discharge. <br /> 17. The action to renew an NPDES permit is exempt from the provisions of the <br /> California Environmental Quality Act (Public Resources Code Section 21000, <br /> et seq. ) , in accordance with Section 13389 of the California Water Code. <br /> 18. This discharge is exempt from the requirements of Section 2511(b) , <br /> Chapter 15, Division 3, Title 23, of the California Code of Regulations <br /> (CCR) . The exemption is based on the following: the Board has issued <br /> waste discharge requirements; the discharge is in compliance with the <br /> applicable Water Quality Control Plan; and the wastewater does not need to <br /> be managed according to Chapter 30 of Division 4, Title 22, CCR, as a <br /> hazardous waste. <br /> 19. The Board has notified the Discharger and interested agencies and persons <br /> of its intent to prescribe waste discharge requirements for this discharge <br /> and has provided them with an opportunity for a public hearing and an <br /> opportunity to submit their written views and recommendations. <br />