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WASTE DISCHARGE REQUI.MENTS ORDER NO. R5-2004-0028 -10- CITY OF MANTECA, CITY OF LATHROP AND DUTRA FARMS WASTEWATER QUALITY CONTROL FACILITY SAN JOAQUIN COUNTY 26. The Discharger is expected to take all necessary steps to adequately maintain and operate its sanitary sewer collection system. This Order requires the Discharger to prepare and implement a Sanitary Sewer System Operation, Maintenance, Overflow Prevention, and Response Plan. REASONABLE POTENTIAL 27. California Water Code Section 13263.6(a)requires that"the regional board shall prescribe effluent limitations as part of the waste discharge requirements of a POTW for all substances that the most recent toxic chemical release data reported to the state emergency response commission pursuant to Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Sec. 11023) (EPCRA) indicate as discharged into the POTW, for which the State Board or the regional board has established numeric water quality objectives, and has determined that the discharge is or may be discharged at a level which will cause,have the reasonable potential to cause, or contribute to, an excursion above any numeric water quality objective". The most recent toxic chemical data report does not indicate any reportable off-site releases or discharges to surface waters for this facility. Therefore, a reasonable potential analysis based on information from EPCRA cannot be conducted. Based on information from EPCRA,there is no reasonable potential to cause or contribute to an excursion above any numeric water quality objectives included within the Basin Plan or in any State Board plan, so no effluent limitations are included in this permit pursuant to CWC Section 13263.6(a). However, as detailed elsewhere in this permit, available effluent data indicate that there are constituents present in the effluent that have a reasonable potential to cause or contribute to exceedances of water quality standards and require inclusion of effluent limitations based on federal and state law and regulations. 28. USEPA adopted the National Toxics Rule (NTR) on22 December 1992,which USEPA revised on 4 May 1995 and 9 November 1999, and the California Toxics Rule(CTR) on 18 May 2000, which USEPA revised on 13 February 2001. These Rules contain water quality standards applicable to this discharge. The State Board adopted the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (known as the State Implementation Plan or SIP),which contains policies and procedures for implementation of the National Toxics Rule and the California Toxics Rule. 29. Federal regulations, at 40 CFR Section 122.44 require effluent limitations for all pollutants that are or may be discharged at a level that will cause or have the reasonable potential to cause, or contribute to an in-stream excursion above a narrative or numerical water quality standard. Water quality standards include the National Toxics Rule, the California Toxics Rule, and Basin Plan water quality objectives. 40 CFR Section 122.44(d) sets forth requirements that apply to the state to implement narrative water quality standards. 40 CFR Section 122.44(d)(vi)(A)-(C) requires the effluent limit to be based on one or more of three options, including using EPA's water quality criteria, a proposed state criterion(i.e., water quality objective), or an explicit state policy interpreting its narrative water quality criteria(i.e.,the Regional Board's "Policy for Application of Water Quality Objectives"). Based on information submitted as part of the