SITE INFORMATION AND CORRESPONDENCE_1985-2004

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REGIONAL BOARD RESPONSE (SWRCB/OCCFILEA-1634) - 7- PETITION 7- PETITION FOR REVIEW OF WASTE DISCHARGE REQUIREMENTS ORDER NOS. R5-2004-0028 AND R5-2004-0029 CITY OF MANTECA WATER QUALITY CONTROL FACILITY The Regional Board properly adopted effluent limitations for MBAS based on the narrative water quality objective in the Basin Plan. All effluent limitations are supported by substantial evidence in the record. Please refer to permit finding 50, information sheet section 9.6, Table 6 and the 19 March 2004 response to comments document (pages 8-9 and 24-25, Item No. 4,Binder No. 1) for more information. FOURTH BASIS: IMPROPER IMPOSITION OF EFFLUENT LIMITATIONS FOR ELECTRICAL CONDUCTIVITY Manteca requests that the State Board modify, or order the Regional Board to modify, Order No. R5-2004-0028 to remove the effluent limitations for EC and Order No. R5-2004- 0029 to account for the removal of the inappropriate effluent limitations for EC. Electrical conductivity was found to have a reasonable potential to cause or contribute to an in- stream excursion above the Basin Plan numerical water quality objective. As such, an effluent limitation for electrical conductivity is required and was included in Order No. R5-2004-0028. Regarding lawful application of the Basin Plan objective, the 19 March 2004 Response to Comments (page 5-6), and the response to the first basis for review provides discussion regarding how the Basin Plan was adopted in accordance with Sections 13241 and 13242 of the Water Code. See also SWRCB Order WQO 2002-0015 (Vacaville's Easterly Wastewater Treatment Plant) at page 63 citing Ackels v. EPA (9v' Cir. 1993) 7 F.3d 862, 865-66 and Defenders of Wildlife v. Browner(9a' Cir. 1999) 191 F.3d 1159, 1163. As already addressed in the 19 March 2004 Response to Comments(page 20), the proposed TMDL for salt and boron applies to the San Joaquin River upstream of Vernalis. The City of Manteca, however, discharges downstream of Vernalis and the City's discharge, therefore, is outside the scope of the TMDL. However, if the City's discharge were in the area subject to the TMDL, the effluent limitations would not change. The current draft TMDL proposes to apply the same waste load allocation,which would result in the same effluent limitations, if the discharge was within the scope of the TMDL area(see page 17 of the Amendments to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins for the Control of Salt and Boron Discharges into The San Joaquin River,November 2003, Public Review Draft). The Regional Board properly adopted effluent limitations for electrical conductivity based on the numerical water quality objective in the Basin Plan. All effluent limitations are supported by substantial evidence in the record. Please refer to permit finding 45, information sheet section