SITE INFORMATION AND CORRESPONDENCE_2005-CURRENT

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petition and revises certain provisions of the permit and the cease and desist order. The remaining issues raised by the City are dismissed.' L BACKGROUND The City's WQCF receives wastewater from within the Cityand from areas in the City of Lathrop. A portion of the treated wastewater effluent is discharged to land owned by the City and on property leased by the City from Dutra Farms. The remainder is discharged to the San Joaquin River at a point within the Sacramento-San Joaquin Delta. At the time the permit was renewed, the monthly average flow of discharge was 5.72 million gallons per day(mgd) of which 4.89 mgd was discharged to the San Joaquin River and the remainder was discharged seasonally to land. The daily peak discharge was 7.21 mgd, of which 6.29 mgd was discharged to the river. The City discharges effluent through a side-bank outfall on the eastern bank of the San Joaquin River approximately 16 miles downstream of the Vernalis gage and approximately 50 feet upstream of a discharge that Brown Sand, Inc. operates through an outfall on the same side of the river. Flows in the river near the City's discharge are influenced by tidal conditions. The City's WQCF is undergoing a$47 million expansion and upgrade, which is scheduled to be completed in 2007. The design flow of the completed project is 9.87 mgd. Following completion of the expansion and upgrading project, the plant will provide tertiary treatment for effluent discharged to the river. In addition, the City also plans to discharge an average of 2.0 mgd to land, including the discharge to land leased from Dutra Farms. Despite the planned improvements to its WQCF, the City contends that it will not be able to comply with several conditions of the permit issued by the Regional Board. Wastewater discharges to surface waters are regulated by the federal Clean Water Act and by the state Porter-Cologne Water Quality Control Acts An NPDES permit is required ' Dismissed issues are determined to be not sufficiently substantial to warrant review. (See People v.Barry(1987) 194 Cal.App.3d 158.; Cal. Code Regs.,tit. 23, § 2052(a)(1).) Many of the issues raised by the petitioner have been addressed in previous State Board orders. 4 The.United States Geological Survey operates a gage to measure the flow in the San Joaquin River near the town of Vernalis. 5 33 U.S.C. § 1251 et seq. and Wat. Code § 13000 et seq. 2.