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2. In the late 1970s, Stockton constructed tertiary treatment,in large part to meet <br /> 1 <br /> applicable effluent limitations related to dissolved oxygen. <br /> 2 <br /> 3. On October 28, 1994, the Regional Board adopted its Order No. 94-324, <br /> 3 <br /> renewing Stock-ton's NPDES permit. The renewal permit contains new effluent limitations for <br /> 4 <br /> Carbonaceous Biochemical Oxygen Demand (CBOD) and ammonia, and receiving water <br /> 5 <br /> limitations for dissolved oxygen. The order requires immediate compliance with the new <br /> 6 <br /> limitations. It is extremely unlikely that Stockton can meet these limitations and requirements <br /> 7 <br /> with existing facilities. <br /> 8 <br /> 4. During the negotiation and heating process leading to the adoption of Order <br /> 9 <br /> No. 94-324, Stockton and the Regional Board disagreed in good faith with respect to the <br /> 10 <br /> appropriateness of the new limitations described in paragraph 3 and with respect to whether the <br /> 11 <br /> Regional Board had authority to establish a schedule of compliance in the renewed permit <br /> 12 <br /> creating the new limitations. <br /> 13 <br /> 5. Stockton has appealed the Regional Board's Order on several grounds including the <br /> 14 <br /> dissolved oxygen-related limitations. In connection with its appeal of Order No. 94-324, <br /> 15 <br /> Stockton has requested a stay of the Order before April 1, 1995, as it anticipates violations of the <br /> 16 <br /> permit commencing on that date and for several years thereafter unless some form of relief is <br /> 17 <br /> granted, particularly with respect to ammonia. <br /> 18 <br /> 6. Stockton has let contracts for the construction of new treatment facilities and is <br /> 19 <br /> planning for the construction of others. Although not initially planned to address dissolved <br /> 20 <br /> oxygen issues, the new facilities will result in improved effluent quality. <br /> 21 <br /> 7. The State Board is reviewing the 6.0 mg/I water quality objective for the <br /> 22 <br /> San Joaquin River applicable in the months of September through November. Stockton has <br /> 23 <br /> proposed to the State Board that the 6.0 objective include authorization for a schedule of <br /> 24 <br /> compliance. If such a schedule is provided, the Regional Board's authority to provide a schedule <br /> 25 <br /> of compliance with respect to the 6.0 objective will be affected. <br /> 26 <br /> 8. The Regional Board anticipates consideration of general authority in the Basin Plan <br /> 27 <br /> for schedules of compliance, and may consider the adoption of general or specific authority for <br /> 28 <br /> 60M�9y/.q -2- <br /> WO�t NNMIp, <br />