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D R A F T January 4, 2012 ultimate disposal or reuse, and (2) do not receive any other wastes other than authorized on- site stormwater flows. and (3) are under the control of the municipal treatment plant.22 The exemption does not apply to the Lodi storage ponds, however, because the ponds also store wastewater that fel,t•••^ reasons. The PFiFnary Feasen ,c that effluent free, tth� __,„n �n��f PGnd6. The P9Rd6 seFve only tG hold viastel-vatel: uAtil it ran he used An the agFiGUltuFal fields. Then n•dc aR d field ^ nl'not'n o therefore ort of post treatment .dFr.Gh .roe nr alis nl rr`...... _.._ ...,._ _rr............ ... .....�.... r_.. _ post ,ate .,, .. .,�,00� whirl} does not go through the treatment plant, and is, thus, "Rat arrog'ated with the a�te..•at^.treatment Plant." These wastestreams include untreated industrial wastes23 and stormwater runoff from industrial and agricultural areas. Likewise, the Board concludes that the reuse exemption in Title 27 is not applicable to the City's land application to the agricultural fields. The reuse exemption in section 2OO9O(h) covers "[r]ecycling or other use of materials salvaged from waste, or produced by waste treatment, such as scrap metal, compost, and recycled chemicals . . . ." "'Recycled water' means waters which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur . . . ."24 Lodi applies a wastestream to land that includes wastes that are neither treated nor "salvaged from waste." Lodi's activities, therefore, do not fall within the reuse exemption. The Board finds that the most appropriate exemption for the wastewater mixture that is seasonally applied to the agricultural fields and stored year-round in the onsite ponds is subsection (b). This exemption covers wastewater that is discharged to land, including to evaporation or percolation ponds. The sewage exemption covering discharges of domestic sewage or treated effluent is not applicable because the City discharges a wastewater mixture to the ponds and to the agricultural fields, which includes not only treated sewage but also wastes that do not go through the municipal treatment plant.25 As stated previously, the 22 Facilities that are subiect to the municipal wastewater treatment plant waste discharge requirements,water recycling requirements or other permitting mechanism issued to the municipal wastewater treatment plant owner or operator are considered to be"under the control"of the municipal treatment plant. 23 Both Lodi's Report of Waste Discharge and Order No. 5-2007-0113 describe the wastewater in the influent line as untreated. The cannery wastewater,which makes up the bulk of the flow in the influent line during the summer months, apparently does not receive any treatment. Evidence in the record indicates that wastewater from two metal finishers may undergo pH adjustment. The industrial line also receives other wastestreams that are untreated, such as industrial and agricultural stormwater. 24 Wat. Code§13050, subd. (n). 25 Cf.40 G.F.R. §403.3(q),which excludes from the federal definition of a publicly owned treatment works"sewers, pipe and other conveyances" if they do not convey wastewater to the treatment plant. The treatment plant is the (Continued) 9