SITE INFORMATION AND CORRESPONDENCE

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Mr. Michael Bowles a - 2 - • 7 May 2001 implemented is included in the WDRs. The 19 February 2001 Report of Waste Discharge prepared by Condor Earth Technologies,Inc. for Pilkington states the future flow rate at the facility is anticipated to decrease substantially. This is further evidence that land discharge can be accomplished. The fact that Pilkington maintained the NPDES permit by paying all applicable fees is not relevant as the Discharger has a responsibility to operate the wastewater treatment system to provide optimum treatment of wastewater and pay applicable fees on an annual basis. Payment of fees does not create a right to continue the discharge. California Water Code Section 13263 (g) states, "No discharge of waste into the waters of the state, whether or not the discharge is made pursuant to waste discharge requirements, shall create a vested right to continue the discharge. All discharges of waste into waters of the state are privileges, not rights." The enclosed water quality data are provided to support our claim that even if deep percolation of industrial wastewater discharger to land were to occur, it would not degrade shallow groundwater or limit permissible beneficial uses of existing shallow groundwater. It is recognized that groundwater quality beneath a portion of the land application areas has been impacted by a groundwater plume originating off-site. That fact is not an adequate basis to allow further loading of contaminants to groundwater and is not consistent with the anti-degradation policy. Despite Pilkington's claim that the discharge would"remediate"impacted groundwater quality, contribution of additional contaminants to the groundwater results in more contaminant mass in the groundwater. Cropping is required to remove the wastewater contaminants of concern and lower the concentration of total dissolved solids in percolate that reaches groundwater. Cropping is considered treatment of land applied wastewater. This requirement is consistent with other WDRs for land discharge, including municipal wastewater treatment systems that include nitrification/denitrification processes prior to discharge. These tentative WDRs, including the enclosed late revisions, are scheduled for consideration by the Board at its 11 May 2001 Regional Board meeting. In the meantime, continue monitoring and operating your waste treatment plant in accordance with the existing NPDES Order. If you have any questions on this information,please telephone me at (916) 255-3116. TIMOTHY R. O'BRIEN Waste Discharge to Land Unit Lower San Joaquin River Watershed enclosure cc/enc: Mike Huggins, San Joaquin County Environmental Health Department, Stockton Robert J. Job, Condor Earth Technologies, Sonora C:Vrojm Fila�tileSRltlnpoo\BowIc050)Ol.tloc