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• <br /> STAFF REPORT -5- <br /> WHITE SLOUGH WATER POLLUTION CONTROL PLANT <br /> SAN JOAQUIN COUNTY <br /> NECESSITY FOR CEASE AND DESIST ORDER <br /> Based on available effluent analyses, the Discharger cannot consistently comply with the new <br /> effluent limits for BOD, cyanide, lead, zinc, and organochlorine pesticides and a compliance time <br /> schedule must be adopted for these constituents. The Clean Water Act requires publicly owned <br /> treatment works to comply with the secondary treatment and applicable water quality standards <br /> existing prior to 1 July 1977. EPA's regulations state that any NPDES compliance schedule may <br /> not extend beyond an applicable Clean Water Act statutory deadline. Therefore, a compliance <br /> schedule may not be included in the permit that would extend the date for compliance with water <br /> quality standards that existed prior to 1 July 1977. The Basin Plan numerical standard for DO in <br /> Delta waters (which is degraded by BOD in the discharge), the Basin Plan's narrative toxicity <br /> standard for cyanide, lead and zinc, and the Basin Plan standard for no detectable organochlorine <br /> pesticides in the receiving water all existed prior to 1 July 1977. The only alternative is to place a <br /> time schedule in the Cease and Desist Order under California Water Code 13301. <br /> RECOMMENDATION: <br /> • Adopt the proposed NPDES permit <br /> • Adopt the proposed Cease and Desist Order <br />