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I compliance, will equal the period or periods provided in the applicable <br /> provision, unless ultimately enlarged by the State Board. <br /> 2 "D. The monitoring and reporting provisions of Order R5-2002-0083 <br /> 3 requiring receiving water monitoring and reporting for CBODIo,total Kjeldahl <br /> nitrogen, NO2—N,NO3-N, total suspended solids,volatile suspended solids, <br /> 4 chlorophyll and pheophytin. <br /> 5 "E. The requirement in Provision G.1 and Effluent Limitation B.1 of <br /> Order No. R5-2002-0083 to operate existing DAF and filtration requirements <br /> 6 year round in part; in particular, such provision is not stayed to the extent it <br /> provides as follows: The tertiary facilities shall be operated continuously to the <br /> 7 maximum extent feasible subject to existing design limitations, operational <br /> constraints, and in recognition that back-up equipment does not exist which <br /> 8 would allow operation during normal periods of equipment downtime or <br /> 9 preventive maintenance. During the period November 1 through March 31, the <br /> Tertiary Facilities(DAFs and/or filters)are not required.to be utilized when <br /> 10 such non-use is necessary to perform essential maintenance." <br /> 11 "F. The requirement in provision G.12 of Order No. R5-2002-0083 for <br /> preparing a toxicity identification evaluation(TIE) and toxicity reduction <br /> 12 evaluation (TRE)work plan; provided, that such plans shall be initiated if the <br /> indicated toxicity exceeds 2.7 chronic toxicity units (2.7 TU)." <br /> 13 "G. Nothing in this Order or the underlying stipulation leading to the <br /> 14 entry of this Order shall be deemed to constitute an admission of law or fact by <br /> any party or relevant in any way to the State Board's ultimate resolution of any <br /> 15 issue identified in the Petition for Review or a determination by the State Board <br /> of any such issue." <br /> 16 <br /> 17 2. Upon adoption of the above Order by the State Board, the City of Stockton shall <br /> 18 <br /> withdraw its Motion for Stay from consideration by the State Board. <br /> 19 <br /> 20 3. Notwithstanding the terms of this Stipulated Order provided in paragraph 1 above, <br /> 21 pending the entry of a final order by the State Board in this matter, or a dismissal of the <br /> i <br /> 22 Petition, the City of Stockton shall proceed with respect to activities described in Phase la and <br /> 23 Phase 1b of the "Ammonia Effluent Limitation WorkPlan"transmitted to the Regional Board . <br /> 24 on or about July 1, 2002. The parties acknowledge the Workplan provided a specific <br /> 25 anticipated schedule for such tasks. However, the parties further acknowledge and agree: <br /> 26 <br /> (i) that the City of Stockton cannot at this time determine what level of CEQA compliance <br /> 27 <br /> would be required for any selected alternative and that the described schedule for the <br /> 28 <br /> $OMA(7(SP910N9 k _ <br /> bUM1 <br /> �� -r STIPULATION FOR ORDER ISSUING STAY -3- - <br />