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WASTE DISCHARGE REC*.EMENTS ORDER NO. 5-01-119 (R*SED) -11- STOCKTON COGEN COMPANY SAN JOAQUIN COUNTY 4. Any modification in chemical usage, pertaining to the discharge, must be reported to the Executive Officer in advance of such modification. The Discharger shall not institute said modification until it receives approval from the Executive Officer. 5. The Discharger shall conduct the chronic toxicity testing specified in the Monitoring and Reporting Program. If the testing indicates that the discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion above the water quality objective for toxicity, the Discharger shall initiate a Toxicity Identification Evaluation(TIE) to identify the causes of toxicity. Toxicity shall be defined as a statistically significant increase in mortality or a statistically significant decrease in growth or reproduction (p<0.05) compared to the laboratory control water. Upon completion of the TIE, the Discharger shall all sub ' workplan g mit a to conduct ct a Toxicity Reduction Evaluation (TRE) and, after Board evaluation, conduct the TRE. This Order will be reopened and a chronic toxicity limitation included and/or a limitation for the specific toxicant identified in the TRE included. Additionally, if a chronic toxicity water quality objective is adopted by the State Water Resources Control Board, this Order may be reopened and a limitation based on that objective included. 6. The Discharger shall comply with all the items of the "Standard Provisions and Reporting Requirements for Waste Discharge Requirements (NPDES)", dated 1 March 1991,which are part of this Order. This attachment and its individual paragraphs are referred to as "Standard Provisions." 7. This Order expires on 1 May 2006 and the Discharger must file a Report of Waste Discharge in accordance with Title 23, CCR, not later than 180 days in advance of such date in application for renewal of waste discharge requirements if it wishes to continue the discharge. 8. Prior to making any change in the discharge point,place of use, or purpose of use of the wastewater, the Discharger shall obtain approval of, or clearance from the State Water Resources Control Board (Division of Water Rights). 9. In the event of any change in control or ownership of land or waste discharge facilities presently owned or controlled by the Discharger, the Discharger shall notify the succeeding owner or operator of the existence of this Order by letter, a copy of which shall be immediately forwarded to this office. To assume operation under this Order, the succeeding owner or operator must apply in writing to the Executive Officer requesting transfer of the Order. The request must contain the requesting entity's full legal name, the State of incorporation if a corporation, address and telephone number of the persons responsible for contact with the Board and a statement. The statement shall comply with the signatory paragraph of Standard Provision D.6 and state that the new owner or operator assumes full responsibility for compliance with this Order. Failure to submit the request shall be considered a discharge without requirements, a violation of the California Water Code. Transfer shall be approved or disapproved in writing by the Executive Officer.