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CENTRAL VALLEY WATER BOA" RESPONSE (SWRCB/OCC File A-1846, 11- <br /> PETITIONS FOR REVIEW OF WA3'r'E DISCHARGE REQUIREMENTS <br /> ORDER NO. R5-2007-0036 (NPDES NO. CA0079154)AND <br /> TIME SCHEDULE ORDER NO. R5-2007-0037 <br /> CITY OF TRACY, WASTEWATER TREATMENT PLANT <br /> this section and apply concurrently with any criteria adopted by the State, except when <br /> State regulations contain criteria which are more stringent for a particular parameter and <br /> use, or except as provided in footnotes p, q, and x to the table in paragraph (b)(1) of this <br /> section." The numerical copper objective in Table III-1 of the Basin Plan is specifically <br /> listed as applying to the Sacramento-San Joaquin Delta, the receiving water for the <br /> discharge. The Basin Plan was legally adopted by the Central Valley Water Board, <br /> approved by the State Water Board and USEPA, and is therefore in effect until modified or <br /> withdrawn by a subsequent formal rulemaking (e.g., a Basin Plan amendment). Objectives <br /> listed in Table III-1 of the Basin Plan are established as "not-to-exceed" objectives and are <br /> therefore applied as acute objectives. The Central Valley Water Board acted appropriately <br /> in using the Basin Plan copper acute objectives in place of the criterion maximum <br /> concentration contained in the CTR. <br /> CONTENTION H: Potentially problematic electrical conductivity requirements <br /> State Water Board's Water Quality Order WQ 2009-0003, adopted 19 May 2009, <br /> addressed the requirements in the Tracy Permit for electrical conductivity and remanded <br /> the permit to the Central Valley Water Board to revise the requirements. Therefore, this <br /> contention is moot. However, should the State Water Board decide to consider this issue <br /> further, our response to this contention is set forth in our 24 March 2008 response to <br /> Petitions Nos. A-1846(a) and A-1846(b) (see response to CSPA Contention A), and our <br /> 4 March 2009 comments on the 2 February 2009 draft Water Quality Order. Copies of the <br /> 24 March 2008 and 4 March 2009 memoranda are attached for reference. <br /> If you have any questions regarding this memorandum, please contact Mr. Jim Marshall at <br /> (916) 464-4772 or Idmarshall aC�waterboards.ca.gov. <br /> Attachments (4) <br /> cc: Mr. Doug Eberhardt, U.S. Environmental Protection Agency, Region IX, San Francisco <br /> US Army Corp of Engineers, Sacramento <br /> US Fish and Wildlife Service, Sacramento <br /> US National Marine Fisheries Service, Santa Rosa <br /> Ms. Lori Okun, State Water Resources Control Board, Sacramento <br /> Mr. David Boyers, State Water Resources Control Board, Sacramento <br /> Mr. Phil Isorena, State Water Resources Control Board, Sacramento <br /> Department of Water Resources, Central District, Sacramento <br /> State Office of Historical Preservation, Sacramento <br /> Mr. Joe Spano, Department of Health Services, Environmental Management Branch, <br /> Stockton <br /> Ms. Carol Oz, Department of Fish & Game, Region Il, Rancho Cordova <br />