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D R A F T January 4, 2012 the "discharge of biosolids from . . . applications areas to . . . surface waters, or to surface water drainage courses.i51 The general order does not apply to the City's activities. Nevertheless, the Board concludes that, at a minimum, Order No. R5-2007-0113 should be revised to require that the management plan address only practices that "prevent," rather than ,'minimize," biosolids discharges to surface waters. C. Chronic Toxicity Issue: CALSPA objects to Order No. R5-2007-0113 on the ground that it fails to include a numeric effluent limitation for chronic toxicity regulating the discharge of tertiary- treated wastewater to Dredge Cut. Discussion: The Board previously addressed this issue in a precedential decision in Water Quality Order 2008-0008 (City of Davis), adopted on September 2, 2008. In that order, the Board concluded that a numeric effluent limitation for chronic toxicity was not appropriate in the permit under review, but that the permit had to include a narrative effluent limitation for chronic toxicity. In that case, the Central Valley Water Board had determined that the discharge had the reasonable potential to cause or contribute to an excursion above the Basin Plan's narrative toxicity objective. The Central Valley Water Board reached the same determination on the City's discharge. Therefore, on remand, the Central Valley Water Board must amend Order No. R5-2007-0113 to add an appropriate narrative chronic toxicity limitation. III. CONCLUSIONS Based on the above discussion, the Board concludes that: 1. The appropriate exemption for the Central Valley Water Board to apply to the wastewater mixture applied by the City to land is subsection (b) of section 20090 of the Title 27 regulations; 2. Order No. R5-2007-0113 does not contain findings supporting the conclusion that the City's land disposal activities qualify for an exemption under Title 27; 3. The monitoring that has been conducted, to date, is inadequate to demonstrate that the City complies with the precondition for an exemption under Title 27 that the discharge comply with the Basin Plan; 4. Evidence in the record appears to indicate that releases of wastewater from the City's unlined storage ponds have caused the underlying groundwater to contain nitrate and 51 State Water Board Order No. 2004-0012-DWQ, Prohibition A.6. 22.