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WASTE DISCHARGE REQUIREMENTS -10- LIBBEY-OWENS-FORD COMPANY LATHROP PLANT NO. 10 SAN JOAQUIN COUNTY 303 of the Clean Water Act, or amendments thereto, the Board will revise and modify this Order in accordance with such more stringent standards. 12. This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(D) and (d) , 304(b)(2) , and 307(a)(2) of the Clean Water Act, if the effluent standard or limitation so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or b. Controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable. E. Provisions: 1. Neither the discharge nor its treatment shall create a nuisance or pollution as defined in Section 13050 of the California Water Code. 2. The Discharger shall submit to the Board, by 31 January of each year, an annual summary of the quantities of all chemicals, listed by both trade and chemical names, which are used for cooling and/or boiler water treatment, and which are discharged. 3. The Discharger shall submit an updated Operations Plan for land Disposal of Effluent by 1 June 1991. 4. The Discharger shall implement an effluent toxicity program in accordance with procedures outlined in EPA 600/4-85/014 Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms) and EPA 440/4-85/032 ( Technical Support Document for Water Quality Based Toxics Control) to ensure that their discharge does not produce in-stream toxicity. The Discharger shall carry out the biotoxicity monitoring program in accordance with the following schedule: a) Within 60 days of the adoption date of this Order, a proposed program shall be submitted to the Board for approval . b) Within 60 days of Board approval , the Discharger shall implement the approved biotoxicity monitoring program.