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CEASE AND DESIST ORDER NO. <br /> CITY OF MANTECA AND CITY OF LATHROP <br /> SAN JOAQUIN COUNTY <br /> 5. Order No 97-115 Effluent Limitation C.5. states: <br /> "Survival of aquatic organisms in 96 hour bioassays of undiluted waste shall be no less than: <br /> Minimum for any one bioassay--------------------------------70% <br /> Median for any three or more consecutive bioassays 90%" <br /> 6. Since the adoption of Order 97-115 in June 1997 and continuing through March 1998, the City of <br /> Manteca violated the Order's effluent bioassay requirement, consistently reporting 0 % survival. <br /> However,weekly sampling results for all of April and May 1998 have since been in compliance with <br /> Order No. 97-115. <br /> 7. The City of Manteca has taken corrective action measures and since April 1998 has been able to reduce <br /> the ammonia levels in the effluent by changing treatment plant operations to partially nitrify the <br /> ammonia. The change in plant operation seemingly corrected their acute toxicity problems. In addition, <br /> the City of Manteca has investigated the use of alternative bioassay test species as allowed by the <br /> EPA testing procedures. It is unclear whether these corrective actions will be long lasting and <br /> consistent over time. The toxicity problems associated to high ammonia concentrations in their <br /> discharge may reoccur once excess treatment plant capacity is loss, due to population growth, and <br /> operation flexibility is limited or may reoccur due to difficulties in nitrifying colder wastewater in <br /> winter months. Further investigation of these two concerns, treatment operations and/or a change in <br /> test species, is necessary to determine if these corrective actions will be long lasting and consistent <br /> over time. <br /> 8. Board's staff have met with City of Manteca representatives to stress the importance of <br /> consistently meeting the permit and to work with the City in finding a solution to the problem. <br /> 9. The City of Manteca continues to diligently work on this problem, and City staff are trying within <br /> their resources to find a solution to this problem. Recent improvements in the Bioassay survival rate <br /> is indicative that the City of Manteca is proceeding in the right direction but additional studies and/or <br /> corrective measures are necessary to demonstrate an ability to maintain year round compliance. <br /> 10. On 24 July 1998, in Sacramento, California, after due notice to the Discharger and all other affected <br /> persons,the Board conducted a public hearing at which evidence was received to consider a Cease and <br /> Desist Order to establish a time schedule to achieve compliance with waste discharge requirements. <br /> 11. Issuance of this order is exempt from the provisions of the California Environmental Quality Act <br /> (Public Resources Code, Section 21000, et seq.), in accordance with Section 15321 (a)(2), Title 14, <br /> California Code of Regulations. <br /> 12. Any person adversely affected by this action of the Board may petition the State Water Resources <br /> Control Board (Sate Board)to review the action. The petition must be received by the State Board <br /> Office of the Chief Counsel,P.O. Box 100, Sacramento, California 95812-0100,within 30 days of <br />