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�. moo STAFF REPORT -2 STOCKTON REGIONAL WASTEWATER CONTROL FACILITY SAN JOAQUIN COUNTY recommended adoption of a Cease and Desist Order(CDO) with a time schedule to meet the effluent limitations for CBOD and ammonia. However, after the Discharger contested the proposal, the Board did not adopt the CDO and therefore no time schedule for compliance was provided. The permit recognized that even if the Discharger complied with the new effluent limits, there would still be violations of the receiving water dissolved oxygen objective. It also stated that the Discharger would not be required to further reduce its impact on the river dissolved oxygen concentration,beyond the requirements of the permit, until such time as a full study had been conducted of all of the sources of oxygen demanding substances impacting the reach of the San Joaquin River. Additionally, language in the permit indicated that if the Discharger could consistently achieve compliance with the CBOD and ammonia limitations that no action would be taken if receiving water conditions failed to meet DO objectives. In November 1994, the Discharger appealed the permit to the State Water Resources Control Board (SWRCB) and additionally requested a stay on ammonia effluent and DO receiving water limitations until the appeal could be reviewed. The Discharger appealed the permit for a variety of reasons which included: 1) a lack of the allowance of a time schedule within the permit to attain effluent limitations; 2) assertions that the CBOD and ammonia effluent limitations were improper, inconsistent and failed to consider Water Code 13263; 3) assertions that all issues concerning DO must take into account Bay-Delta operations and the Bay-Delta Salinity Plan; 4)DO objectives in the Basin Plan and Salinity Plan did not comply with provisions of Water Code 13241; 5) a request for a mixing zone for the chlorine effluent limitation; and 6) disagreement over daily maximum effluent limitations. The SWRCB granted a stay in February 1995, Order No. WQ 95-1, pending review of the appeal. On 29 May 1996, the SWRCB issued Order No. WQ 96-09 in response to its appeal review. The SWRCB determined that staff made appropriate decisions in the permit, given the information available at that time. However, the SWRCB agreed that flow conditions in the receiving water had changed due to the Bay/Delta decision. WQ 96-09 remanded Order No. 94-324 to the Regional Board for review and revision including: a. Reconsidering CBOD and ammonia effluent limitation within the permit, taking into consideration the river flows and conditions under current regulatory requirements and operational practices including temporary barrier operations at the head of the Old River. b. Incorporating flexibility into the NPDES permit to revise the effluent limitations to accommodate future improvement to receiving water DO levels and alternatives for reducing the discharge's impact on DO. C. Establishing a time extension or compliance schedule in the NPDES to implement effluent limitations and receiving water limitations necessary to comply with the 1995 Bay/Delta Plan DO water quality objective of 6 mg/1. d. Adopting a CDO with interim effluent limitations and a compliance schedule for achieving compliance with effluent limitations necessary to comply with the Basin