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WASTE DISCHARGE RETIREMENTS ORDER NO. 5-01-119 (*ISED) -6- STOCKTON COGEN COMPANY SAN JOAQUIN COUNTY reasonable potential for the discharge to cause or contribute to an in-stream excursion above the water quality objective for molybdenum. An effluent limit for molybdenum of 10 gg/l annual average is included in this permit in order to protect the beneficial uses of the receiving stream. 22. Previous permits issued for this facility contained a receiving water limitation requiring the discharge to not cause receiving water dissolved oxygen to fall below 5.0 mg/l. However, because the beneficial use of cold freshwater habitat applies to this stream segment, the Basin Plan water quality objective for dissolved oxygen of 7.0 mg/l is applicable. This permit applies a water quality objective to North Littlejohns Creek that has never been applied to this specific area of the water body. It is unknown if the Discharger is currently capable of meeting this receiving water limitation. This Order provides for a time schedule for meeting the receiving water limitation. The time schedule is authorized to be included in this Order based on 40 CFR §122.47. The Board considers the application of a water quality objective that has never been applied to North Littlejohn Creek as a new interpretation of the Basin Plan. 23. Section 13267(b) of California Water Code provides-that: "In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of discharging, or who proposes to discharge within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of discharging, or who proposes to discharge waste outside of its region that could affect the quality of the waters of the state within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the board requires. The burden, including costs of these reports, shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports." 24. The action to adopt an NPDES permit is exempt from the provisions of Chapter 3 of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21100, et seq.),requiring preparation of an environmental impact report or negative declaration in accordance with Section 13389 of the California Water Code. 25. The Board has considered the information in the attached Information Sheet in developing the Findings of this Order. The attached Information Sheet is part of this Order. 26. The Board has notified the Discharger and interested agencies and persons of its intent to prescribe waste discharge requirements for this discharge and has provided them with an opportunity for a public hearing and an opportunity to submit their written views and recommendations. 27. The Board, in a public meeting, heard and considered all comments pertaining to the discharge. 28. This Order shall serve as an NPDES permit pursuant to Section 402 of the CWA, and amendments thereto, and shall take effect upon the date of hearing, provided EPA has no objections.