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WASTE DISCHARGE REQUIREMENTS ORDER NO.R5-2002-XXXX 17 MARLEY COOLING TOWER COMPANY SAN JOAQUIN COUNTY Task Compliance Date Submit Work Plan 1 April 2003 Submit Annual Update Report 1 October 2003 Submit Annual Update Report 1 October 2004 Submit Annual Update Report 1 October 2005 Submit Annual Update Report 1 October 2006 Achieve Full Compliance 1 October 2007 The Discharger shall submit to the Regional Board on or before each compliance report due date,the specified document or, if appropriate, a written report detailing compliance or noncompliance with the specific schedule date and task. If noncompliance is being reported, the reasons for such noncompliance shall be stated,plus an estimate of the date when the Discharger will be in compliance. The Discharger shall notify the Regional Board by letter when it returns to compliance with the time schedule. 5. Dilution/Assimilative Capacity Study: Effluent limitations contained in this permit do not account for assimilative capacity in the receiving water. The Discharger may elect to conduct a study of the flow conditions in the Stockton Diverting Channel and submit additional receiving water characterization to demonstrate the flow regime and pollutant assimilative capacity, and may request the Regional Board to re-open the permit to consider this new information. 6. Chronic Toxicity Testing: 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. Upon completion of the TIE, the Discharger shall submit a workplan to conduct a Toxicity Reduction Evaluation(TRE) and, after Regional 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 SWRCB, this Order may be reopened and a limitation based on that objective included. 7. Re-openers: This Order maybe reopened and effluent and/or receiving water limitations modified based on information supplied as required above. S. 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." 9. The Discharger shall use the best practicable control to limit mineralization to no more than a reasonable increment.