SITE INFORMATION AND CORRESPONDENCE_CASE 2

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WASTE DISCHARGE REQUIREMEN.e ORDER NO. R5-2007-_ "' 5 CITY OF TRACY AND LEPRINO FOODS COMPANY LAND DISCHARGE UNITS OF THE TRACY WASTEWATER TREATMENT PLANT SAN JOAQUIN COUNTY establishes water quality objectives, contains implementation plans and policies for protecting waters of the basin, and incorporates by reference plans and policies adopted by the State Water Resources Control Board (State Water Board). Pursuant to section 13263(a) of the California Water Code (CWC), waste discharge requirements (WDRs) must implement the Basin Plan and must take into consideration the beneficial uses to be protected, the water quality objectives reasonably required for that purpose, other waste discharges, the need to prevent nuisance, and the provisions of Section 13241. 15. The Basin Plan designates the beneficial uses of underlying groundwaters as municipal and domestic supply, agricultural supply, industrial service supply, and industrial process supply. 16. The Basin Plan establishes numerical and narrative water quality objectives for surface water and groundwater within the basin. Numerical and narrative water quality objectives are maximum limits directly applicable to the protection of designated beneficial uses of the water unless higher levels are the result of factors that cannot be reasonably controlled or are not subject to the authority of the State and Regional Water Boards. The Basin Plan requires that the Regional Water Board, on a case-by-case basis, follow specified procedures to determine maximum numerical limitations that apply the narrative objectives when it adopts waste discharge requirements. 17. The Regional Water Board applies the bacteria objective to all groundwaters designated as municipal or domestic supply (MUN), not just those waters currently used for MUN. This interpretation is consistent with the CWC and the Basin Plan. The Regional Water Board has consistently interpreted the objective to apply to groundwater designated for MUN. The Regional Water Board has a long-standing pattern and practice of adopting WDRs that reflect this interpretation. The following excerpts from the Basin Plan clearly support the plain meaning of the Basin Plan as well as the Regional Water Board's established pattern and practice: a. The introductory paragraph on Water Quality Objectives for Ground Waters (page III- 9.00 of the Basin Plan) states: "The following objectives apply to all ground waters of the Sacramento and San Joaquin River Basins, as the objectives are relevant to the protection of designated beneficial uses." b. The Policy for Application of Water Quality Objectives (page IV-16.00) states: "Water quality objectives apply to all waters within a surface water or ground water resource for which beneficial uses have been designated, rather than at intake, wellhead, or other point of consumption." Consistent with the CWC and the Basin Plan, the Regional Water Board applies the bacteria objective to all groundwaters designated as MUN, not just those waters currently used for MUN. c. The Regional Water Board has implemented State Water Board Resolution No. 88-63 (Adoption of Policy Entitled "Sources of Drinking Water") by designating all groundwaters of the State to be suitable or potentially suitable for MUN uses, unless otherwise designated by the Regional Water Board or unless at least one the following three criteria for exceptions apply: