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PR0524190
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SITE INFORMATION AND CORRESPONDENCE
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Last modified
4/3/2020 2:10:20 PM
Creation date
4/3/2020 1:50:02 PM
Metadata
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Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
SITE INFORMATION AND CORRESPONDENCE
RECORD_ID
PR0524190
PE
2965
FACILITY_ID
FA0016241
FACILITY_NAME
STOCKTON REGIONAL WATER CONTROL FAC
STREET_NUMBER
2500
STREET_NAME
NAVY
STREET_TYPE
DR
City
STOCKTON
Zip
95206
APN
16333003
CURRENT_STATUS
01
SITE_LOCATION
2500 NAVY DR
P_LOCATION
01
P_DISTRICT
001
QC Status
Approved
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EHD - Public
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work. To the contrary, the record shows the Petitioner made no such offer,but merely stated in <br /> the last sentence of its closing argument, that the Petitioner"is prepared to support" and provide <br /> the funding for such a study. The Regional Board had just listened to numerous experts <br /> testifying on behalf of the Petitioner. To suggest that a bona fide offer existed, much less that the <br /> Regional Board somehow acted inappropriately in not interrupting the board meeting to <br /> commission a new study based on that one comment, is not consistent with the events as born out <br /> in the record. The Petitioner has not demonstrated how the Regional Board abused its discretion <br /> in that regard, and we find no such abuse of discretion here. In appropriate circumstances, <br /> however,when a regional board determines that such outside assistance would be beneficial, it <br /> would not be an abuse of discretion for the regional board to avail itself of such an offer, and the <br /> regional board is encouraged to do so. <br /> Contention: The Petitioner claims that the Regional Board acted arbitrarily and <br /> improperly in denying dilution credits and a mixing zone for ammonia and other constituents. <br /> Finding: We find no abuse of discretion in denying the dilution credits and <br /> mixing zone. Some of the relevant constituents are non-priority pollutants for which the Water <br /> Quality Control Plan for the Central Valley Region (Basin Plan) contains applicable provisions. <br /> It provides that"the Regional Water Board may designate mixing zones within which water <br /> quality objectives will not apply provided the discharger has demonstrated to the satisfaction of <br /> the Regional Water Board that the mixing zone will not adversely impact beneficial uses." <br /> (Basin Plan, p. IV-17.00.) Other relevant constituents are priority pollutants, which are governed <br /> by the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, <br /> and Estuaries of California(SIP). It also authorizes the regional boards to allow mixing zones <br /> and dilution credits in appropriate circumstances. (SIP, § 1.4.2.) While the Regional Board has <br /> broad discretion to determine whether a mixing zone is appropriate, that discretion must be <br /> properly exercised. The Regional Board considered numerous factors in its decision to reject the <br /> Petitioner's flow studies and deny dilution credits. Included among these are real-time flow data <br /> from the Ultrasonic Velocity Meter(UVM), which shows that dilution has been minimal during <br /> above-average wet years for all conditions, the available UVM data are from above-average wet <br /> years, tidal influences permit the receiving water to be dosed with effluent multiple times, the <br /> inadequacy of the existing models, the fact that the receiving water is impaired, and the presence <br /> 3. <br />
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