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REGIONAL BOARD RESPONSE (SII-RCB/OCC FILE A-1483) -25- PETITION FOR REVIEW OF WASTE DISCHARGE REQUIREMENTS ORDER NOS. R5-2002-0083 AND R5-2002-0084 CITY OF STOCKTON REGIONAL WASTEWATER CONTROL FACILITY sources and/or treatment of the wastewater to protect the beneficial uses of agricultural irrigation and municipal supply. The revised Monitoring and Reporting Program (MRP)No. R5-2002-0083 requires the Discharger to conduct monthly TDS monitoring of the receiving water to assess the impact of TDS loading by the effluent on the receiving water. "116. The Permit includes a Monitoring and Reporting Program that requires receiving water monitoring at unreasonable frequencies and during winter time when the constituents of concern are not an issue. These monitoring requirements are unnecessary and not reasonable related to the need for the information to be obtained." This is a new issue that was not brought forward during the public comment period and should not be considered by the State Board. In addition, the comment is not specific to allow a response because the Petitioner has not clearly outlined which constituents and which frequencies are not reasonable or the basis for the concerns. The Monitoring and Reporting Program is reasonable and necessary to evaluate Stockton's discharge. "117. The Permit requires Stockton: to conduct a study of the effect of the RWCF's thermal discharge on migrating fish. (Provision G.15.) There is no evidence to support that the RWCF has any impact on migrating fish resulting from temperature change. The previous permit required Stockton to complete a temperature study related to the discharge, and this study was submitted in 1996. The study demonstrated compliance with the Thermal Plan and was accepted by the RWQCB. The temperature study is unnecessary, unreasonable, and not related to the need for the information to be obtained" Stockton submitted a report in December 1995 which provided estimates,based on model results,that the City could comply with all Thermal Plan requirements. However, the study did not address slack tides, and evaluated temperature impacts at R-2 and R-8, receiving water monitoring locations located a great distance from the outfall. These facts, as well as the current state of knowledge regarding dilution and tidal flow at the outfall,would render those conclusions much less certain. In addition, the 1995 report only studied whether the RWCF discharge complied with the Thermal Plan. The Thermal Plan does not protect aquatic life from high temperature wastewater being discharged to an elevated temperature river. The discharge of effluent with an elevated temperature may adversely affect Chinook salmon or other migrating fish. The Basin Plan narrative toxicity water quality objective prohibits the discharge of toxic constituents in toxic amounts. The requirement to study the potential impacts to the fishery associated with the discharge of effluent with an elevated temperature is reasonable and appropriate given the evidence in the record. Water Code section 13383 authorizes the Regional Board to require dischargers subject to NPDES permits to, among other requirements, sample effluent, retain records, and provide other information as reasonably required. The requirement to conduct a thermal study is consistent with section 13383. It is also consistent with Water Code section 13267. "118. The Permit requires Stockton to conduct an Offset Feasibility Study and develop an Offset Program for mercury. (Provision G.B.) This requirement is unreasonable given the pending TMDL for mercury that is scheduled for completion in 2005. Additionally, the offset requirement is disproportionate to the impact of any net loading of mercury and therefore unreasonable."