Laserfiche WebLink
(3) the Regional Board's denial of dilution credit in establishing effluent <br /> limitations for copper, methylene blue active substances (MBAS), arsenic and cyanide; <br /> (4) the provision of the permit restricting discharges to periods of outgoing tides <br /> rather than periods of positive downstream flow of 0.5 foot per second; and <br /> (5) allegedly inadequate consideration of the high cost of permit compliance in <br /> view of the anticipated water quality benefits that will result. <br /> Following notification by the State Board that the City's petition was complete, <br /> the Regional Board filed a written response to the petition, together with a lengthy administrative <br /> record concerning issuance of the permit and the cease and desist order. Several of the issues <br /> raised by the City are addressed below.' <br /> II. CONTENTIONS AND FINDINGS <br /> A. Use of Basin Plan Water Quality Objectives in Establishing Effluent Limitations <br /> Contention: The City contends that the Regional Board improperly relied upon <br /> or improperly applied the water quality objectives established in the Basin Plan to establish <br /> effluent limitations for each of the eight discharge constituents identified in the City's petition. <br /> Findings: The Cityraises a number of objections to the Regional Board's use of <br /> the water quality objectives that are established or referenced in the Basin Plan as the basis for <br /> establishing the effluent limitations on various constituents regulated by the City's permit. The <br /> water quality objectives applied by the Regional Board and the problems associated with the <br /> Regional Board's use of the water quality objectives for electrical conductivity(EC) are <br /> discussed below.10 <br /> 1. Summary of Water Quality Objectives Applied by the Regional Board <br /> The effluent limitations for arsenic, copper, cyanide, iron, and manganese are all <br /> based on the maximum concentrations for trace elements specified in Table III-1 of the Basin <br /> Plan. The effluent limitation for MBAS was based on the narrative chemical constituents <br /> ' In this review,the Board addresses only those issues that are deemed to be substantial. (Cf. Cal. Code Regs., <br /> tit.23, § 2052(a)(1).) <br /> ° Electrical conductivity is one measurement of water salinity. <br /> 4. <br />