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SPX CORPORATION ORDER R5-2019-0018 <br /> SPX MARLEY COOLING TECHNOLOGIES GROUNDWATER CLEANUP NPDES NO. CA0081787 <br /> C. Special Provisions <br /> 1. Reopener Provisions <br /> a. Conditions that necessitate a major modification of a permit are described in <br /> 40 CFR section 122.62, including, but not limited to: <br /> i. If new or amended applicable water quality standards are promulgated or <br /> approved pursuant to section 303 of the CWA, or amendments thereto, this <br /> permit may be reopened and modified in accordance with the new or amended <br /> standards. <br /> ii. When new information, that was not available at the time of permit issuance, <br /> would have justified different permit conditions at the time of issuance. <br /> b. Mercury. If mercury is found to be causing toxicity based on acute or chronic <br /> toxicity test results, or if a TMDL program is adopted, this Order shall be reopened <br /> and the mass effluent limitation modified (higher or lower) or an effluent <br /> concentration limitation imposed. If the Central Valley Water Board determines that <br /> a mercury offset program is feasible for Dischargers subject to a NPDES permit, <br /> then this Order may be reopened to reevaluate the mercury mass loading <br /> limitation(s) and the need for a mercury offset program for the Discharger. <br /> c. Whole Effluent Toxicity. As a result of a Toxicity Reduction Evaluation (TRE) or <br /> Toxicity Evaluation Study (TES), this Order may be reopened to include a new <br /> chronic toxicity effluent limitation, a revised acute toxicity effluent limitation, and/or <br /> an effluent limitation for a specific toxicant identified in a TRE. Additionally, if the <br /> State Water Board revises the SIP's toxicity control provisions, this Order may be <br /> reopened to implement the new provisions. <br /> d. Water Effects Ratios (WER) and Metal Translators. A default WER of 1.0 has <br /> been used in this Order for calculating criteria for applicable inorganic constituents. <br /> In addition, default dissolved-to-total metal translators have been used to convert <br /> water quality objectives from dissolved to total recoverable when developing effluent <br /> limitations for copper. If the Discharger performs studies to determine site-specific <br /> WERs and/or site-specific dissolved-to-total metal translators, this Order may be <br /> reopened to modify the effluent limitations for the applicable inorganic constituents. <br /> e. Drinking Water Policy. On 26 July 2013 the Central Valley Water Board adopted <br /> Resolution No. R5-2013-0098 amending the Basin Plan and establishing a Drinking <br /> Water Policy. The State Water Board approved the Drinking Water Policy on <br /> 3 December 2013. This Order may be reopened to incorporate monitoring of <br /> drinking water constituents to implement the Drinking Water Policy. <br /> f. Central Valley Salinity Alternatives for Long-Term Sustainability (CV-SALTS). <br /> On 31 May 2018, as part of the CV-SALTS initiative, the Central Valley Water Board <br /> approved Basin Plan Amendments to incorporate new strategies for addressing <br /> ongoing salt and nitrate accumulation in the Central Valley. If approved by the State <br /> Water Board, the Office of Administrative Law, and U.S. EPA, the Amendments <br /> would impose certain new requirements on salt and nitrate discharges. More <br /> information regarding these Amendments can be found at the following link: <br /> https://www.waterboards.ca.qov/centraIvaIIey/water issues/salinity/ <br /> If the Amendments ultimately go into effect, this Order may be amended or modified <br /> to incorporate any newly-applicable requirements. <br /> WASTE DISCHARGE REQUIREMENTS 11 <br />