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2. Effluent Data Demonstrates Lodi's Discharge Is Not Toxic <br /> In establishing stringent effluent limitations for lead, zinc, and cyanide, the <br /> Regional Board failed to properly demonstrate a reasonable potential to violate narrative <br /> standards, whose general applicability are objectionable. The Clean Water Act ("CWA") <br /> and its implementing regulations at 40 CFR 5 122.44(d) set forth specific procedures <br /> which the Regional Board has acknowledged apply. (See, Central Valley Regional Board <br /> Hearing Agenda Item 4, statement of Elizabeth Jennings (Sept. 19, 1997).) These <br /> applicable and relevant regulations however do not support the Regional Board's decision <br /> to impose zinc, lead, and cyanide limitations based on interpretation of a narrative water <br /> quality standard: no toxics in toxic amounts. Absent a site-specific basis to conclude <br /> narrative criteria were exceeded, the application of this provision to develop more <br /> restrictive metals limitations for zinc and lead was clearly in error and arbitrary and <br /> capricious. <br /> The Regional Board has not produced reliable data that, in conformity with 40 <br /> CFR 122.44(d), demonstrate a potential violation.of the narrative standard. As discussed <br /> in greater detailed below, extensive toxicity testing data demonstrate that the City's <br /> effluent is not toxic. For example, tests performed on daphnids (which are very sensitive <br /> to zinc) passed all except one test over a period of two years, and the one failure appears <br /> to have been related to laboratory error. Moreover, the best available information on <br /> translating dissolved metals criteria to total recoverable effluent limitations was-not used <br /> by staff. Use of EPA's published guidance to implement EPA criteria would have <br /> demonstrated that metals limits are not necessary. <br /> The City requests time to collect the sufficient data to properly evaluate the need <br /> for effluent limitations for zinc, lead, and cyanide. Until that analysis is complete, the <br /> City proposes to conduct monthly monitoring for each parameter. As such, the City <br /> requests a schedule of compliance in the Permit to provide time to obtain this <br /> information. <br /> NPDESPermitComments Exhibit 2 Page 2 12/17/99 <br />