Laserfiche WebLink
REGIONAL BOARD RESPONSE (SWRCB/OCC FILE A-1634) - 3 - <br /> PETITION FOR REVIEW OF WASTE DISCHARGE REQUIREMENTS <br /> ORDER NOS. R5-2004-0028 AND R5-2004-0029 <br /> CITY OF MANTECA WATER QUALITY CONTROL FACILITY <br /> The permit includes water quality-based effluent limitations for a number of constituents for <br /> which the City is unable to comply. Compliance schedules to meet the new limitations were <br /> included in the permit or in CDO No.R5-2004-0029, as required by regulations. By letter dated <br /> 26 March 2004,the Regional Board transmitted the newly adopted Orders to the City of <br /> Manteca, City of Lathrop, Dutra Farms and all interested parties. On 19 April 2004,the City <br /> filed a petition for State Board review of the newly adopted Orders. The petition included eleven <br /> bases for relief, each of which is described below along with the Regional Board's response. <br /> FIRST BASIS: IMPROPER IMPOSITION OF EFFLUENT LIMITATIONS FOR IRON <br /> Manteca requests that the State Board modify, or order the Regional Board to modify, <br /> Order No. R5-2004-0028 to remove the inappropriate effluent limitations for iron, and <br /> Order No. R5-2004-0029 to account for the removal of the inappropriate effluent <br /> limitations. <br /> The discharge of iron, a non-CTR pollutant, was found to have a reasonable potential to cause or <br /> contribute to an in-stream excursion above the Basin Plan numerical water quality objective. As <br /> such, an effluent limitation for iron is required and was included in Order No. R5-2004-0028. <br /> The Water Quality Control Plan for the Sacramento and San Joaquin Rivers (Basin Plan) <br /> contains two water quality objectives for iron—a numeric objective contained in Table III-1 and <br /> a secondary maximum contaminant level (MCL) incorporated by reference into the Basin Plan. <br /> The City alleges that the water quality objectives for iron are invalid. Regarding the <br /> requirements of Water Code Section.13241 and 13242, the Regional Board adopts effluent <br /> limitations in NPDES permits in the manner expressly authorized by the Clean Water Act <br /> regulations and the Basin Plan. See 40 CFR 122.44(d), Basin Plan III-8.00 and IV-17.00. The <br /> Regional Board is not required to consider the factors in CWC Section 13241 in implementing <br /> existing water quality objectives. See e.g.,Hampson v. Superior Court (1977) 67 Cal.App.3d <br /> 472, State Board Order WQ 73-4, Order WQ 77-16, and Order WQ 94-8. As stated in the <br /> Response to Comments (pages 5-6), the Basin Plan was adopted in accordance with Sections <br /> 13241 and 13242 of the Water Code. The Regional Board is not required to further consider the <br /> costs or methods of compliance in the development of an NPDES permit for existing water <br /> quality objectives. <br /> The Clean Water Act mandates that NPDES permits include effluent limitations that are as <br /> stringent as necessary to meet water quality standards established pursuant to state or federal law. <br /> Pursuant to 40 CFR Section 122.44(d)(1)(i),NPDES permits must contain limits that control all <br /> pollutants that"... are or may be discharged at a level that will cause, have the reasonable <br /> potential to cause, or contribute to an excursion above any state water quality standard, <br />