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WASTE DISCHARGE REQUIREMENTS ORDER NO. R5-2003-XXXX • 6 SPX CORPORATION MARLEY COOLING TOWER COMPANY SAN JOAQUIN COUNTY Calaveras River. There is aquatic habitat in the Stockton Divertine Canal and hydraulic continuity between the Canal and Calaveras River from the point of discharger from Outfall 001 to where the Canal discharges into the Calaveras River. Pursuant to the Basin Plan(Table H-1, Footnote(2)), and the presence of cold water aquatic habitat in the Stockton Diverting Canal, the cold designation is applicable to the Stockton Diverting Canal. The cold-water habitat designation necessitates that the in-seam dissolved oxygen concentration be maintained at, or above, 7.0 mg/L (ppm). This approach recognizes that, if the naturally occurring in-stream dissolved oxygen concentration is below 7.0 mg/L (ppm), the Discharger is not required to improve the naturally occuring level. Upon review of the flow conditions, habitat values, existing and potential beneficial uses of the Calaveras River, and the facts described above, the Regional Board finds that the benficial uses identified in the Basin Plan for the Calaveras River are applicable to the Stockton Diverting Canal. The Regional Board also finds that based on the available information and on the Discharger's application, that the Stockton Diverting Canal, absent the discharge, is at times a seasonal and/or ephemeral waterbody. This seasonal and/or ephemeral nature of the Stockton Diverting Canal means that the designated beneficial uses must be protected,but that no year-round credit for receiving water dilution is available. Although the discharge, at times,maintains the aquatic habitat, constituents may not be discharged that may cause harm to aquaric life. At other times, flows within the Stockton Diverting Canal help support the cold-water aquatic life. Both conditions may exist within a short time span, where the Stockton Diverting Canal would be dry without the discharge and periods when sufficient background flows provide hydraulic continuity with the Calaveras River. The lack of dilution results in more stringent effluent limitations to protect contact recreational uses, drinking water standards. agricultural water quality goals and aquatic life. Significant dilution may occur during the irrigation season, and irmnediately following high rainfall events. The Discharger may conduct flow monitoring of the Stockton Diverting Canal to determine the actual flow regime. To the extent seasonal assimilative capacity is available in the receiving water to accommodate constituents in the effluent which exceed reasonable potential criteria, this permit contains a re-opener to consider final effluent limitations based upon demonstrated assimilative capacity. However, effluent limitations contained in this permit do not account for the receiving waters having assimilative capacity. The Discharger may submit additional receiving water characterization to demonstrate the flow regime and pollutant assimilative capacity and ask the Regional Board to re-open the permit to consider this new information. 17. USEPA adopted the National Toxics Rule (NTR)on 5 February 1993 and the California Torics Rule (CTR) on 18 May 2000. These Rules contain water quality standards applicable to this discharge. The State Water Resources Control Board(S WRCB) adopted the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of