WORK PLANS - Laserfiche WebLink

Home Browse Search

D R A F T January 4, 2012 E. California Sportfishing Protection Alliance Petition The California Sportfishing Protection Alliance (CALSPA) filed a timely petition for review of Order No. R5-2007-0113 in October 2007. In July 2008, the State Water Board determined, in Order WQ 2008-0005, to review the requirements on its own motion. The following discussion addresses some of the issues raised in the CALSPA petition.15 IL ISSUES AND FINDINGS A. Title 27 Issue: CALSPA asserts that the White Slough permit authorizes the land disposal of sludge, untreated industrial wastewater, and domestic effluent in violation of Title 27. Discussion: The Board agrees with this assertion. Order No. R5-2007-0113 does not contain the necessary findings that the City's land disposal activities meet all of the preconditions for an exemption under Title 27. In particular, the order does not contain findings, nor is there evidence in the record supporting the conclusion that, the City's land disposal operations are consistent with the applicable water quality objectives in the Basin Plan. The monitoring that has been performed to date is inadequate to demonstrate compliance. Further, the limited evidence that is in the record indicates that, at a minimum, discharges from the unlined storage ponds at the Facility have released waste constituents to groundwater at concentrations that exceed applicable water quality objectives. In the following discussion, the Board first addresses which Title 27 exemption could most appropriately apply to the City's land disposal activities.16 The Board then analyzes the Central Valley Water Board's findings regarding an exemption. Third, the Board addresses the sufficiency of the evidence to demonstrate compliance with the preconditions for an exemption. Finally, the Board addresses additional CALSPA contentions regarding Title 27. 1. Applicable Exemption In the Lodi permit, the Central Valley Water Board found that all of the City's discharges to land, including discharges to the storage ponds and agricultural fields, were conditionally 15 Issues raised by CALSPA that are not discussed in this order are hereby dismissed as not substantial or appropriate for State Water Board review. See People v. Barry(1987) 194 Cal.App.3d 158, 175-177; Johnson v. State Water Resources Control Board(2004) 123 Cal.App.4th 1107; Cal. Code Regs.,tit. 23,§2052, subd. (a)(1). 16 For purposes of this discussion,the State Water Board, at the request of the Central Valley Water Board,takes official notice of the Statement of Reasons for Title 27 and its predecessor,the"chapter 15"regulations,formerly contained in chapter 15, division 3,title 23 of the California Administrative Code. (See Cal. Code Regs.,tit. 23, §648.2.) 7.