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WASTE DISCHARGE REQUIREMENTS -4- MARLEY COOLING TOWER COMPANY SAN JOAQUIN COUNTY 18. The Discharger is also expediting the extraction of up to 0.59 mgd of contaminated groundwater from the downgradient edge of the contaminant plume. The Discharger intends to discharge this water into the City of Stockton's Publicly Owned Treatment Works (POTW) on an interim basis. 19. The Discharger submitted a Technical Report, dated 16 December 1988, required by Provision 6 of Order No. 88-124. The Technical Report, entitled "Effluent Toxicity Program Report," summarized effluent toxicity testing results. 20. The results in the Effluent Toxicity Program Report demonstrates that the Discharger's effluent does not have a reasonable potential to cause fathead minnow (Pimeahales oromelas) instream toxicity. More extensive monthly acute toxicity testing confirms this finding. However, the interim expansion will result in slightly different effluent characteristics. Quarterly testing of fathead minnows is warranted to demonstrate that the effluent from the plant expansion continues to show no instream toxicity. 21 . The results in the Effluent Toxicity Program Report also indicated that the effluent may periodically cause acute invertebrate (Ceriodaohnia dubia) instream toxicity. More extensive invertebrate follow-up toxicity testing is needed to confirm this potential acute toxicity. If the follow-up testing indicates that there is instream toxicity of the effluent, the Discharger needs to conduct a Toxicity Reduction Evaluation to determine the cause and develop a corrective action plan. 22. The action to adopt a modification to an existing NPDES permit is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) , in accordance with Section 13389 of the California Water Code. 23. The Board has notified the Discharger and interested agencies and persons of its intent to modify the existing NPDES permit for this Discharger and has provided them with an opportunity for a public hearing and an oppor- tunity to submit their written views and recommendations. 24. The Board, in a public meeting, heard and considered all comments pertaining to the discharge. 25. This Order shall take effect ten days from the date of hearing, provided EPA has no objections. IT IS HEREBY ORDERED that The Marley Cooling Tower Company, Stockton, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, shall comply with the following: