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REGIONAL BOARD RESPONSE (S;f RCB/OCC FILE.4-1483) -17- PETITION FOR REVIEW OF WASTE DISCHARGE REQUIREMENTS ORDER NOS. R5-2002-0083 AND R5-2002-0084 CITY OF STOCKTON REGIONAL WASTEWATER CONTROL FACILITY exposure to carcinogens in drinking water in the process of establishing MCLS and Action Levels and by OEHHA to set negligible cancer risk in establishing Public Health Goals for drinking water. "74. The effluent limitations for lindane, endrin aldehyde and DDT are also based on the Basin Plan's pesticide objective, with provides `total identifiable persistent chlorinated hydrocarbon pesticides shall not be present in the water column at concentrations detectable within the accuracy of analytical methods approved by the Environmental Protection:Agency or the Executive Officer.' (Basin Plan: at p H-6.00) "75. The Permit imposes effluent limitations of non-detect for lindane, endrin aldehyde and DDT, based on the pesticide objective. "76. The Provisions in the Basin Plan incorporating by reference future detection levels as water quality objectives is unlawful. The RWQCB did not,prior to adoption of the objective, consider the factors in Water Code section: 13241 with respect to using applicable detection levels for lindane, endrin aldehyde and DDT. There are no findings and no evidence to support that the selected detection levels are necessary to protect beneficial uses." The permit is legal and contained adequate findings with regard to these constituents. The Basin Plan was legally adopted in accordance with Water Code section 13241 and the water quality objective for pesticides, contained in the existing Basin Plan, is not a new objective, therefore, the Regional Board is not required to conduct a new evaluation of the factors in Water Code section 13241 every time the objective is applied in an NPDES Permit. "77. The RWQCB also states that the effluent limitations for mercury, lindane, endrin aldehyde and DDT are based on bioaccumulation in fish tissue. "78. The RWQCB failed to provide evidence in the record to support that Stockton's discharge results in elevated fish tissue levels, and therefore failed to support the basis far these effluent limitations. Additionally, the RWQCB failed to explain the connection between: the imposed limitations and the water quality objective for these bioaccumulative parameters." Information regarding the concerns of high levels of mercury in fish tissue is discussed in Order R5-2002-0083 in the Fact Sheet, Section 11.1, "Health advisories by the Department of Health Services remain in effect for human consumption offish in the Delta, including the SJR at Stockton, due to excessive concentrations of mercury in fish flesh. " Since mercury is a bioaccumulative constituent, any discharge of mercury from the RWCF exacerbates the problem. The current health warnings indicate that the receiving water has no assimilative capacity for mercury. The health warnings are in the record. As for lindane, endrin aldehyde and DDT, the Basin Plan contains a water quality objective that prohibits concentrations of"persistent chlorinated hydrocarbon pesticides" in the receiving water "detectable within the accuracy of analytical methods approved by the[EPA] or the Executive Officer. The final effluent limitations are based on the Basin Plan objective, not bioaccumulation in fish tissue.