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D R A F T January 4, 2012 <br /> exempt under section 20090(a), the sewage exemption.17 The Central Valley Water Board now <br /> contends that the storage ponds discharges are unconditionally exempt from Title 27 because <br /> they are covered under the "sewage treatment plant" exemption in Water Code section 13172. <br /> In addition, the Central Valley Water Board contends that the City's land application to the <br /> agricultural fields falls under the reuse exemption in section 20090(h). For the reasons <br /> explained below, we conclude that the wastewater exemption in section 20090(b), rather than <br /> the sewage or reuse exemptions, is the most appropriate exemption to consider applying to <br /> Lodi's land disposal activities. <br /> Water Code section 13172 required the State Water Board to adopt uniform <br /> requirements for the siting, operation, and closure of waste disposal sites, "except for sewage <br /> treatment plants." These requirements are contained in the Title 27 regulations, which <br /> specifically exempt sewage treatment plants from coverage. The sewage treatment plant <br /> exemption is included in the Title 27 sewage exemption, which covers both (1) discharges of <br /> domestic sewage and treated effluent and (2) treatment or storage facilities associated with <br /> municipal wastewater treatment plants.18 The second category implements the sewage <br /> treatment plant exemption and has no preconditions. The first was added at the request of <br /> dischargers, and is subject to preconditions. The principal precondition is that the discharge <br /> must be in compliance with the applicable basin plan. <br /> The State Water Board added the first category because the discharge of"effluent from <br /> treatment facilities is controlled under the [NPDES] permit system, or under waste discharge <br /> requirements which implement basin plan water quality objectives.i19 The category covers <br /> post-treatment activities, i.e. discharges from outfalls, percolation ponds, and spray fields, and <br /> it "explicitly requires discharges to be consistent with water quality control plan objectives for <br /> receiving waters.,20 <br /> The State Water Board intended to include within the sewage treatment plant exemption <br /> treatment and storage facilities "associated with municipal wastewater treatment."21 This <br /> exemption includes both treatment and storage facilities Post-treatment storage facilities are <br /> "associated with" municipal wastewater treatment plants for purposes of the second category of <br /> the sewage exemption if the facilities (1) are used to store treated municipal wastewater prior to <br /> 17 Order No. R5-2007-0113, attach. F at F-56. <br /> 1e See p. 6, ante. <br /> 19 Statement of Reasons for Subchapter 15 (SOR), p. 1.5. <br /> 20 Id. at 1.40. <br /> 21 Ibid. <br /> 8. <br />