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CEASE AND DESIST ORDEI& R5-2004-0029 • -5- CITY OF MANTECA , WASTEWATER QUALITY CONTROL FACILITY SAN JOAQUIN COUNTY adverse impacts to aquatic life and (2) develop the capability to implement a timed discharge. If, based on the information submitted,the Regional Board determines that an exception to the Thermal Plan is appropriate,this Order may be reopened and modified. 9. WDRs, Order No. R5-2004-0028, contains Receiving Water Limitations which reads as follows: "The discharge shall not cause the following in the receiving water:" "17.2. Oils, greases, waxes, or other materials to form a visible film or coating on the water surface or on the stream bottom." and "17.3. Oils, greases, waxes, floating material (liquids, solids, foams, and scums) or suspended material to create a nuisance or adversely affect beneficial uses." 10. Foam has been observed on the receiving water on the surface of the plume formed by the discharge into the San Joaquin River. This is a violation of Receiving Water Limitations F.2 and F.3, and indicates a reasonable potential to violate Effluent Limitations B.1, B.2, and B.3 for MBAS. The Discharger was unable to achieve compliance with previous Receiving Water Limitations in Order No. 5-01-007. As a result, the Regional Board issued a Notice of Violation (NOV), dated 1 April 2003, to the Discharger for violations of Order No. 5-01-007. As the Discharger has not returned to full compliance with Order No. 5-01-007, and since Order No. R5-2004-0028 contains similar requirements to that in Order No. 5-01-007, the Discharger will be in immediate noncompliance with Order No. R5-2004-0028. A time schedule for compliance is included in the Cease and Desist Order. 11. Section 13301 of the California Water Code (CWC) states in part: "When a regional board finds that a discharge of waste is taking place or threatening to take place in violation of requirements or discharge prohibitions prescribed by the regional board or the state board, the board may issue an order to cease and desist and direct that those persons not complying with the requirements or discharge prohibitions (a)comply forthwith, (b) comply in accordance with a time schedule set by the board, or(c) in the event of a threatened violation, take appropriate remedial or preventative action. In the event of an existing or threatened violation of waste discharge requirements in the operation of a community sewer system, cease and desist orders may restrict or prohibit the volume, type, or concentration of waste that might be added to such system by dischargers who did not discharge into the system prior to the issuance of the cease and desist order. Cease and desist orders may be issued directly by a board, after notice and hearing, or in accordance with the procedure set forth in Section 13302." 12. On 19.March 2004, in Sacramento, California, after due notice to the Discharger and all other affected persons,the Regional Board conducted a public hearing at which evidence was received to consider a Cease and Desist Order pursuant to California Water Code Section 13301 to establish a time schedule to achieve compliance with the waste discharge requirements in Order No. R5-2004-0028.