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schedules related to the 5.0 objective,subject to legal and regulatory review. The establishment <br /> 1 <br /> of such authority would affect the Regional Board's authority to issue a schedule of compliance <br /> 2 <br /> with respect to the 5.0 objective. Other recent amendments to the Basin Plan, such as those <br /> 3 <br /> related to mixing zones, may also be relevant to certain issues raised in Stockton's appeal. <br /> 4 <br /> 9. The parties believe that there is a reasonable probability that the major concerns of <br /> 5 <br /> Stockton is this appeal can be resolved without adversarial proceedings. Stockton reasonably <br /> 6 <br /> does not, however, wish to be in violation of federal and state law during the period of such <br /> 7 <br /> efforts at resolution. <br /> 8 <br /> 10. Under all the circumstances currently existing, the parties believe it is fair and <br /> 9 <br /> appropriate and conducive to amicable resolution of this appeal to enter into this Stipulation. <br /> 10 <br /> Since Stockton cannot possibly construct new facilities for a period of several years, the only <br /> 11 <br /> practical result of a stay order conforming with the Stipulation is that Stockton shall not <br /> 12 <br /> unnecessarily be in violation of federal and state law during the pendency of this appeal <br /> 13 <br /> 11. The parties stipulate to, and jointly request, the entry of an Order by the State Board <br /> 14 <br /> providing as follows: <br /> 15 <br /> "Pending final disposition of this appeal,it is hereby ordered <br /> 16 that the effluent limitations for ammonia contained in Order <br /> No. 94-324 of the Regional Water Quality Control Board,Central <br /> 17 Valley Region, and receiving water limitation E.13. within Order <br /> No. 94-324 as it relates to dissolved oxygen, affecting NPDES <br /> 18 Permit No. CA0079138 are stayed. <br /> 19 "It is further ordered that: the issuance of this stay shall not <br /> be deemed relevant to the ultimate disposition of the merits of this <br /> 20 appeal; and the inclusion or omission of any term in this stay or the <br /> stipulation underlying the stay shall not be relevant to the <br /> 21 determination of the issues in this appeal, and the positions of the <br /> parties on all the issues in the appeal are preserved. <br /> 22 <br /> "Itis further ordered that this stay order shall not provide <br /> 23 cause for any failure to meet, or delay in meeting, any requirements <br /> ultimately determined applicable to the discharge. <br /> 24 <br /> 25 <br /> 26 <br /> 27 <br /> 28 <br /> ;�.� -3- <br />