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WASTE DISCHARGE REQUIREMEIv,..d ORDER NO. R5-2007-_ 9 <br /> CITY OF TRACY AND LEPRINO FOODS COMPANY <br /> LAND DISCHARGE UNITS OF THE TRACY WASTEWATER TREATMENT PLANT <br /> SAN JOAQUIN COUNTY <br /> Waste Characterization and <br /> Waste Management Unit Classification <br /> 32. Water Code Section 13173 defines "designated waste" to include "(nlon hazardous waste <br /> that consists of, or contains, pollutants that, under ambient environmental conditions at a <br /> waste management unit, could be released in concentrations that exceed applicable water <br /> quality objectives or that could reasonably be expected to affect beneficial uses of waters <br /> of the state as contained in the appropriate state water quality control plan." <br /> 33. Discharge Prohibition A.2. prohibits the discharge of designated wastes, "Discharge of <br /> waste classified as "hazardous"under Section 2521, Chapter 15 of Title 23 or <br /> "designated,"as defined in Section 13173 of CWC is prohibited." Based on the data <br /> characterization summarized in Finding 9 of this Order, if not properly controlled, the <br /> wastes contained in the unlined industrial ponds may be classified as designated waste <br /> due to the concentration of total dissolved solids that exceed the applicable water quality <br /> objectives. Section 20210 of Title 27, California Code of Regulations, requires that such <br /> waste can only be discharged to a Class I or Class II surface impoundment equipped with <br /> engineered lining and a leachate collection and recovery system. <br /> 34. Pursuant to section 20090(b) of Title 27, California Code of Regulations, the discharge of <br /> wastewater to land, including but not limited to evaporation ponds, percolation ponds or <br /> subsurface leachfields, may be exempted from the State Water Board-promulgated <br /> provisions of this-subdivision, as long as the activity meets, and continues to meet, all <br /> preconditions listed below: <br /> i. the applicable Regional Water Board has issued WDRs, reclamation requirements or <br /> waived such issuance; <br /> ii. the discharge is in compliance with the applicable water quality control plan; and <br /> iii. the wastewater does not need to be managed according to Chapter 11, Division 4.5, <br /> Title 22 of this code as a hazardous waste. <br /> 35. An additional Title 27 exemption, section 20090(a), is provided for discharges of domestic <br /> sewage or treated effluent associated with municipal wastewater treatment plants <br /> provided that the discharge is regulated under WDRs or a waiver of WDRs and that the <br /> discharge is consistent with applicable water quality objectives. <br /> 36. The discharge does not meet the requirements for an exemption pursuant to section <br /> 20090(a) or 20090(b) of Title 27, California Code of Regulations. The existing and <br /> proposed wastewater stored in the industrial ponds is not in compliance with the water <br /> quality control plan, because the analytical data show that the wastewater exceeds the <br /> Basin Plan's chemical constituents objective for groundwater. In addition, the wastewater <br /> treated in the industrial ponds is not domestic sewage. It is primarily industrial wastewater <br /> from Leprino. <br /> 37. Provision E.3. includes a compliance time schedule requiring the Discharger to comply <br /> with Discharge Prohibition A.2. <br />