SITE INFORMATION AND CORRESPONDENCE_CASE 2

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ADMINISTRATIVE CIVIL LIABILITY ORDER NO.R5-2005-0143 �.I -4- CITY OF TRACY SAN JOAQUIN COUNTY failing to adequately assess the impacts to the receiving water and failing to properly notify state and local officials. Due to the remote location of the outfall and the time of the release being at night, it may have been difficult and possibly dangerous for the Discharger to immediately assess the effect of the chlorine release on the local biota. But, a more thorough inspection was warranted and required. The Discharger visually inspected the receiving water by boat at 0930 hours the following day and conducted routine monitoring, collecting water quality samples for temperature, dissolved oxygen,pH, turbidity, and conductivity. However, they failed to evaluate the samples for chlorine residual. The Discharger waited until 1319 hours to report the violation to the Regional Board. Regional Board staff ordered the Discharger to collect water quality samples for chlorine residual and also ordered it to notify the State Office of Emergency Services (OES). The Discharger notified OES at 1504 hours and collected samples for chlorine residual at 1545 hours. The Discharger's lack of urgency surrounding the highly toxic release of chlorine illustrates that its standard operating procedures and emergency/contingency plans were deficient. Gravity: The receiving water is significantly impaired. Old River and the Sacramento-San Joaquin Delta are listed as impaired under section 303(d) of the federal Clean Water Act and identified as "Toxic Hot Spots,"pursuant to the Bay Protection and Toxic Hot Spot Cleanup Program. The large release of chlorine, at levels that would be acutely toxic to aquatic life, is likely to have caused significant adverse impacts on the receiving water. Toxicity/Extent: Chlorine is acutely toxic to aquatic life. The USEPA National Ambient Water Quality Criteria to prevent acute (lethal)effects from chlorine is 0.019 mg/L, on a 1-hour average. The effluent had a concentration more than three hundred fifty (350)times the acute criterion, and was discharged for approximately 95 minutes. The discharge caused the receiving water to greatly exceed the acute criterion at the outfall, and potentially a considerable distance downstream, because given the concentration of the effluent, it could not have mixed with the receiving water quickly enough to be diluted below the acute criterion. Susceptibility of the discharge to cleanup/Voluntary cleanup efforts: The effect of highly chlorinated effluent on the receiving water is predominantly acute toxicity to aquatic organisms. This type of discharge is not susceptible to clean up by the Discharger, however it could have been prevented or minimized with proper operation of the facility. Degree of culpability: The release of chlorinated effluent was an accidental release. The on-duty operator immediately corrected the problem after discovery of the malfunctioning SO2 feed system. However,the Discharger is culpable for not having adequate controls or redundancy to minimize or avoid chlorine releases. Furthermore,the Discharger is culpable for not adequately training wastewater operators to properly respond to failures of this nature, and for not maintaining sufficient preventive plans and emergency response procedures.