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DEPARTMENT OF CORRECTIONS -3- DEUEL VOCATIONAL INSTITUTION SAN JOAQUIN COUNTY CEASE AND DESIST ORDER NO. R5-2005-0152 Monthly Weekly Daily Daily "Constituents Units Average Ave raee Average Maximum Lb/day 0.022 0.043 Dibromochloromethane pg/L 0.41 0.67 Lb/day' 0.002 0.003" 8. WDRs Order No. R5-2003-0065 Effluent Limitation No. B.3 reads in part: "After I March 2008, and in accordance with Provision H..5, effluent shall not exceed the following limitations: Weekly Daily Daily Constituents Units Median Average Maximum Total Coliform MPN/100 nsL 2.2 23 Turbidity NTU 2 5" 9. Provision H.1 of WDRs Order No. R5-2003-0065 requires that the treatment facilities shall be designed, constructed, operated, and maintained to prevent inundation or washout due to floods with a 100-year return frequency. The existing treatment facilities do not comply with this Provision. 10. By letter dated 1 June 2005,the Discharger states that it has committed to the design and construction of a new water treatment plant and a new state-of-the-art wastewater treatment plant to comply with Effluent Limitations B.1 and B.3 and Provision H.1. The Discharger requests extending the full compliance date from 1 March 2008 to I March 2009 because it will not complete construction and achieve full compliance until that time.-Extending the final compliance date beyond the permit term requires that additional compliance schedules (as discussed in Findings 7, 8, and 9)be placed in this CDO. 11. Section 13301 of the California Water Code states, in part: "When a regional board finds that a discharge of waste is taking place or threatening to take place in violation of the requirements or discharge prohibitions prescribed by the regional board or state board, the board may issue an order to cease and desist and direct that those persons not complying with the requirements or discharge prohibitions (a) complyforthwith, (b) comply in accordance with a time schedule set by the board, or (c) in the event of a threatened violation, take appropriate remedial or preventive action... " 12. CWC section 13385(h) and (i)require the Regional Board to impose mandatory minimum penalties upon dischargers that violate certain effluent limitations. CWC section 133850) exempts Certain violations from the mandatory minimum penalties. CWC section 133850)(3) exempts the discharge from mandatory minimum penalties "where the waste discharge is in compliance with either a cease and desist order issued pursuant to Section 13301 or a time schedule order issued pursuant to Section 13300, if all the[specified]requirements are met. ... For the purposes of this subdivision, the time schedule may not exceed five years in length..." The time schedules for