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WASTE DISCHARGE REQUI]OvIENTS ORDER NO. R5-2004-0028 -6•' = "` CITY OF MANTECA, CITY OF LATHROP AND DUTRA FARMS WASTEWATER QUALITY CONTROL FACILITY SAN JOAQUIN COUNTY 10. The State Water Resources Control Board(State Board or SWRCB) on 16 May 1974, adopted Resolution No. 74-43 titled"Water Quality Control Policy for the Enclosed Bays and Estuaries of California". The requirements within this Order are consistent with the Policy. 11. .The State Board adopted the Water Quality Control Plan for the San Francisco Bay/Sacramento- San Joaquin Delta Estuary on 22 May 1995 (Bay/Delta Plan). The Plan includes water quality objectives, which are implemented as part of this Order. 12. The Basin Plan contains the"Policy for Application of Water Quality Objectives" (Implementation Policy) that, among other policies, establishes policies for implementation of narrative water quality objectives. This Implementation Policy states, in part, "Where compliance with these narrative objectives is required (i.e.,where the objectives are applicable to protect specified beneficial uses), the Regional Board will, on a case-by- case basis, adopt numerical limitations in orders which will implement the narrative objectives. To evaluate compliance with the narrative water quality objectives, the Regional Board considers, on a case-by-case basis, direct evidence of beneficial use impacts, all material and relevant information submitted by the discharger and other interested parties, and relevant numerical criteria and guidelines developed and/or published by other agencies and organizations . . ." Narrative water quality objectives applied in this Order include(1) the "Chemical Constituents" objective, which states that"waters shall not contain chemical constituents that adversely affect beneficial uses. The Chemical Constituent objective also lists specific numeric objectives for certain constituents and incorporates state Maximum Contaminant Levels (MCLS) promulgated in Title 22 California Code of Regulations (CCR)Division 4, Chapter 15, and (2)the "Narrative Toxicity Objective",which states, in part, "All waters shall be maintained free of toxic substances in concentrations that produce detrimental physiological responses in human,plant, animal, or aquatic life." 13. The SWRCB Water Quality Control Plan for Control of Temperatures in Coastal and Interstate Waters and Enclosed Bays and Estuaries of California(Thermal Plan) is applicable to this discharge. For purposes of the Thermal Plan, the Discharger is considered to be an Existing Discharger of Elevated Temperature Waste. ANTIDEGRADATION 14. State Board Resolution No. 68-16 (hereafter Resolution 68-16) and 40 Code of Federal Regulations (CFR) section 131.12 require the Regional Board, in regulating discharge of waste, to maintain high quality waters of the State until it is demonstrated that any change in quality will be consistent with maximum benefit to the people of the State,will not unreasonably affect beneficial uses, and will not result in water quality less than that described in the Regional Board's policies. Resolution 68-16 requires the discharge be regulated to meet best practicable treatment or control to assure that pollution or nuisance will not occur and the highest water quality consistent with the maximum benefit to the people of the State be maintained.