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Mr. Brendan Kenny <br /> October 7, 2020 <br /> Page 5 <br /> proposing to discharge waste, within any region that could affect the <br /> quality of the waters of the state, other than into a community sewer <br /> system." <br /> This allegation is unfounded because the lamp break releases do not affect the <br /> quality of the waters of the state. As specified by McCord Environmental in a <br /> technical memorandum dated June 10, 2020, the grit pond itself is not a "water <br /> of the state:" <br /> "The grit pond's "wetland" delineation was verified by the U.S. Army <br /> Corps of Engineers in 2001 (LSA 2001) as a non-jurisdictional feature <br /> and subsequently confirmed by a follow-up delineation and evaluation <br /> by May &Assoc., Inc. (2008)."4 <br /> Additionally, as noted by McCord, the grit pond is sized such that it cannot <br /> overflow from one or multiple simultaneous lamp break events: <br /> "The grit pond has adequate volume to accommodate the discharge <br /> volume associated with a UV lamp break: an 11,000-gallon discharge <br /> would only fill that area about 4 inches deep, which would evaporate <br /> within a few days (under normal dry conditions)."' <br /> Even if the potential for overflow were an issue, there are no other surface <br /> water bodies in the vicinity of the Facility. <br /> Finally, the groundwater underlying the facility is estimated to be more than 300 <br /> feet below the ground surface, below soils with low permeability and high <br /> shrink-swell characteristics.6 <br /> Given these conditions, releases to the grit pond are not discharges to "waters <br /> of the state" and Water Code section 13260 does not apply. <br /> Releases Do Not Qualify as a Designated Waste <br /> The NOV and Order alleged that the release of the lamp break water into the <br /> grit pond "would qualify as a designated waste under section 13173(b) of the <br /> California Water Code." Water Code section 13173(b) provides, in relevant part <br /> (emphasis added): <br /> "`Designated waste' means either of the following: . . . (b) <br /> Nonhazardous waste that consists of, or contains, pollutants that, under <br /> 'Memo from McCord Environmental,dated June 2020,on page 9. <br /> 5 Id. <br /> 6 San Francisco Public Utilities Commission. 2008. San Joaquin Regional Water Quality <br /> Improvement Project Final Environmental Impact Report, San Francisco Planning Department <br /> Case No.2007.0427E, State Clearinghouse No. 2007052109,EIR Certification Date: December <br /> 18,2008 <br />