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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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of threatened and endangered species. The Regional Board also noted numerous flaws and areas <br /> of uncertainty regarding the reliability of the dilution studies, including, but not limited to the <br /> lack of real-time flow data for the San Joaquin River near the discharge during dry-year <br /> conditions. The burden was squarely upon the Petitioner to prove that dilution existed, and the <br /> Regional Board's finding that the Petitioner did not meet that burden is supported by substantial <br /> evidence.' <br /> Contention: The Regional Board acted arbitrarily and unreasonably in <br /> calculating the effluent limitations for chloroform and dichloromethane, and did not comply with <br /> section 13241 of the Water Code. <br /> Finding: We have previously held that when a Regional Board includes permit <br /> limits more stringent than limits that would be based on an applicable numerical objective in the <br /> relevant basin plan or the California Toxics Rule(CTR), the Regional Board must address the <br /> section 13241 factors in the permit findings. (See e.g., State Board Order WQO 2002-15,p. 35.) <br /> Neither the CTR nor the Basin Plan contains numerical objectives for chloroform. Instead, the <br /> limitations were based on narrative water quality objectives in the Basin Plan. Accordingly, the <br /> Regional Board's adoption of effluent limitations for chloroform need not consider the <br /> section 13241 factors. A construction of Water Code section 13263 that requires a section 13241 <br /> analysis every time a numerical effluent limitation is derived from a narrative water quality <br /> objective, that itself was established pursuant to section 13241, would render such objectives <br /> illusory. Moreover, it would multiply the burden imposed on the regional boards because each <br /> discharger would be entitled to an individualized consideration of the section 13241 factors in <br /> order to establish effluent limitations that implement water quality standards appropriate for each <br /> discharger. We have declined to accept this construction in the past, and decline again to do so <br /> here. <br /> The CTR, however, does contain a numerical criterion for dichloromethane <br /> (identified as methylene-chloride). (40 C.F.R. § 131.38(b)(1)#36.) The Regional Board <br /> contends that this effluent limitation was calculated in accordance with SIP using applicable <br /> CTR criteria, and is therefore not subject to Water Code sections 13241 and 13263. According <br /> ' The Petitioner's related request for a hearing before the State Board is hereby denied. <br /> 4. <br />
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