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WASTE DISCHARGE RE(dJREMENTS ORDER NO. 5-01-119 (1OISED) -3- STOCKTON COGEN COM1rANY SAN JOAQUIN COUNTY 10. The Regional Board shall notice a reconsideration of this permit within 60 days of the date of the final judgment by the San Francisco Superior Court in WaterKeepers Northern California et al., Case No. 312513, for the purpose of modifying the permit to make it consistent with the judgment of the Court in this matter where any term, limitation, or provision is inconsistent with the judgment. This permit shall be modified within the time period established by the Court in this matter. 11. The beneficial uses of North Littlejohn Creek are not identified in the Basin Plan, however the Plan states, "The beneficial uses of any specifically identified water body generally apply to its tributary streams." Following this guidance, the Board finds that the beneficial uses identified in the Basin Plan for the Sacramento - San Joaquin Delta are applicable to North Littlejohn Creek. The beneficial uses of Sacramento - San Joaquin Delta downstream of the discharge as identified in Table II-1 of the Basin Plan are municipal and domestic supply, agricultural irrigation, agricultural stock watering, industrial process water supply, industrial service supply, body contact water recreation, other non-body contact water recreation,warm freshwater aquatic habitat, cold freshwater aquatic habitat, warm fish migration habitat, cold fish migration habitat, warm spawning habitat, wildlife habitat, and navigation. 12. The beneficial uses of the underlying ground water are municipal and domestic, industrial service, industrial process and agricultural supply. 13. Federal regulations require effluent limitations for all pollutants that are or may be discharged at a level that will cause or have the reasonable potential to cause, or contribute to an in-stream excursion above a narrative or numerical water quality objective. This Order contains provisions that: a. require the Discharger to provide information as to whether the levels of priority pollutants, including CTR and NTR constituents, and constituents for which drinking water maximum contaminant levels (MCL) are prescribed in the California Code of Regulations, in the discharge cause or contribute to an in-stream excursion above a water quality objective; b. if the discharge has a reasonable potential to cause or contribute to an in-stream excursion above a water quality objective, require the Discharger to submit information necessary to calculate effluent limitations for those constituents; and c. allow the Board to reopen this Order and include effluent limitations for those constituents. 14. Federal Regulations for storm water discharges were promulgated by EPA on 16 November 1990 (40 CFR Parts 122, 123, and 124). The regulations require specific categories of facilities, which discharge storm water associated with industrial activity, to obtain NPDES permits and to implement Best Available Technology and Best Conventional Pollutant Control Technology to reduce or eliminate industrial storm water pollution. The State Water Resources Control Board adopted Order No. 97-03-DWQ (General Permit No. CAS000001) (General Permit) specifying waste discharge requirements for discharges of storm water associated with industrial activities, excluding construction activities, and requiring submittal of a Notice of Intent by industries to be covered under permit. This permit does not function as an individual permit for storm water discharges at the facility. The Discharger must seek separate coverage under the General Permit.