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WASTE DISCHARGE REQUIIAMENTS ORDER NO. R5-2003-XX-XX • 1 I <br /> SPX CORPORATION <br /> MARLEY COOLING TOWER COMPANY <br /> SAN JOAQUIN COUNTY <br /> monthly average effluent limitation for TDS applied at the point of discharge which is necessary <br /> to comply with the secondary California MCLS contained in Title 22. California Code of <br /> Regulations (CCR) and incorporated as chemical constituent water quality objectives in the <br /> Basin Plan. There are no USEPA TDS water quality criteria for protection of aquatic organisms. <br /> However, its presence can be growth limiting to certain agricultural crops and TDS affects the <br /> taste of water for human consumption. <br /> The Regional Board has considered the factors specified in California«Vater Code (CWC) <br /> Section 13263, including considering the provisions of CWC Section 13241 where appropriate. <br /> The Regional Board is not required to consider the factors in CWC Section 13241 in applying <br /> existing water quality objectives of the Basin Plan, including adopting the new monthly average <br /> TDS effluent limitation in this Order. <br /> The Regional Board must implement the CWC consistent with the Clean Water Act (CWA). <br /> The CWA precludes the consideration of costs when developing effluent limitations for NPDES <br /> permits necessary to implement water quality standards (See Ackels . EPA (91h Cir. 1993) 7 <br /> F.3d 862, 865-66). The Regional Board may consider costs in developing compliance schedules. <br /> The Regional Board finds, on balance, that these requirements are necessary to protect the <br /> beneficial uses of the Stockton Diverting Canal and the Calaveras River. This Order provides for <br /> time schedules for meeting this new average monthly effluent limitation. Time schedules are <br /> authorized to be included in this Order based upon 40 CFR Section 1".47. <br /> Currently, monthly average concentrations of TDS in the final effluent exceed the new effluent <br /> limitation established in this Order. The Regional Board. however. C'oes not have sufficient <br /> information to determine if there is reasonable potential to violate the narrative water quality <br /> objective. Preliminary data provided by the Discharger indicate the SDC may provide some <br /> dilution and have some limited assimilative capacity for TDS, however, the receiving water <br /> characteristics have not been dully evaluated with respect to TDS. The Discharger may elect to <br /> further study the characteristics and potential assimilative capacity of the SDC, consider the <br /> appropriateness of the MUN and/or AGR beneficial use designation of the SDC, and/or consider <br /> disposal and treatment alternatives. As this is a new effluent limitation, the Discharger has not <br /> had an opportunity to conduct additional studies, undertake a Basin Plan amendment study, or <br /> provide a cost estimate for additional treatment or alternative disposal methods which may be <br /> necessary to comply with this limitation. A time schedule for compliance with this new TDS <br /> effluent limitation is provided in a Provision of this Order. In the interim, this Order retains the <br /> average monthly limitation for TDS in the previous Order of 1000 m=L (ppm), as results of <br /> monitoring indicate the Discharger is capable of meeting this existing limitation. <br /> The new final effluent limitation for TDS effective 1 February 2005 may not be fully protective <br /> of the SDC for unlimited AGR use under all conditions. The TDS water quality criteria <br /> concentration for unrestricted AGR use, considering application of water to the most sensitive <br /> crops, is lower than the MUN water quality protective criteria(450 mg L, ppm). This TDS <br /> concentration also corresponds to the SWRCB's Salinity Plan's promulgated standards of 700 <br />