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SPX CORPORATION ORDER R5-2019-0018 <br /> SPX MARLEY COOLING TECHNOLOGIES GROUNDWATER CLEANUP NPDES NO. CA0081787 <br /> maximum contaminant levels (MCLs)" in Title 22 of CCR. The Basin Plan further states that, to <br /> protect all beneficial uses, the Central Valley Water Board may apply limits more stringent than <br /> MCLs. The narrative tastes and odors objective states: "Water shall not contain taste- or odor- <br /> producing substances in concentrations that impart undesirable tastes or odors to domestic or <br /> municipal water supplies or to fish flesh or other edible products of aquatic origin, or that cause <br /> nuisance, or otherwise adversely affect beneficial uses." <br /> A. Discharge Prohibitions <br /> 1. Prohibition III.A (No discharge or application of waste other than that described in <br /> this Order). This prohibition is based on Water Code section 13260 that requires filing <br /> of a ROWD before discharges can occur. The Discharger submitted a ROWD for the <br /> discharges described in this Order; therefore, discharges not described in this Order are <br /> prohibited. <br /> 2. Prohibition 111.6 (No bypasses or overflow of untreated wastewater, except under <br /> the conditions at CFR section122.41(m)(4)). As stated in section I.G of Attachment D, <br /> Standard Provisions, this Order prohibits bypass from any portion of the treatment <br /> facility. Federal regulations, 40 C.F.R. section 122.41(m), define "bypass" as the <br /> intentional diversion of waste streams from any portion of a treatment facility. This <br /> section of the federal regulations, 40 C.F.R. section 122.41(m)(4), prohibits bypass <br /> unless it is unavoidable to prevent loss of life, personal injury, or severe property <br /> damage. In considering the Regional Water Board's prohibition of bypasses, the State <br /> Water Board adopted a precedential decision, Order No. WQO 2002-0015, which cites <br /> the federal regulations, 40 C.F.R. section 122.41(m), as allowing bypass only for <br /> essential maintenance to assure efficient operation. <br /> 3. Prohibition III.0 (No controllable condition shall create a nuisance). This prohibition <br /> is based on Water Code section 13050 that requires water quality objectives established <br /> for the prevention of nuisance within a specific area. The Basin Plan prohibits conditions <br /> that create a nuisance <br /> 4. Prohibition IIID (No discharge of hazardous waste). This prohibition is based on <br /> California Code of Regulations, title 22, section 66261.1 et seq, that prohibits discharge <br /> of hazardous waste. <br /> 5. Prohibition III.E (Average Daily Flow). This prohibition is based on the design average <br /> daily treatment capacity rating for the Facility and ensures the Facility is operated within <br /> its treatment capacity. Previous Order R5-2014-0013 included flow as an effluent limit <br /> based on the Facility design flow. Flow is not a pollutant and therefore has been <br /> changed from an effluent limit to a discharge prohibition in this Order, which is an <br /> equivalent level of regulation. This Order is not less stringent because compliance with <br /> flow as a discharge prohibition will be calculated the same way as the previous Order. <br /> B. Technology-Based Effluent Limitations <br /> 1. Scope and Authority <br /> Section 301(b) of the CWA and implementing U.S. EPA permit regulations at 40 C.F.R. <br /> section 122.44 require that permits include conditions meeting applicable technology- <br /> based requirements at a minimum, and any more stringent effluent limitations necessary <br /> to meet applicable water quality standards. The discharge authorized by this Order must <br /> meet minimum federal technology-based requirements based on Best Professional <br /> Judgment (BPJ) in accordance with 40 C.F.R. section 125.3. <br /> ATTACHMENT F- FACT SHEET F-11 <br />