SITE INFORMATION AND CORRESPONDENCE_2005-CURRENT

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AMENDMENT OF CEASE ANDOSIST ORDER • -2- RESOLUTION NO.R5-2006-0006 CITY OF MANTECA WASTEWATER QUALITY CONTROL FACILITY SAN JOAQUIN COUNTY to meet the final effluent limitations for temperature contained in the CDO. Item 5 of the CDO, reads in part: "5. The Discharger shall comply with the following time schedule to assure compliance with Effluent Limitation B.11 and Receiving Water Limitations F.8 and F.9 contained in Waste Discharge Requirements Order No. R5-2004-0028, as described in the Findings of this Order: Task Compliance Date Report Due Submit Plans and Implementation I July 2004 Schedule Progress Reportst 1 July and I January of each year Submit Thermal Plan Exception I October 2005 Report Full Compliance I February 2009 1 March 2009 The progress reports shall detail what steps have been implemented towards achieving compliance with waste discharge requirements, including construction progress, evaluate the effectiveness of the implemented measures and assess whether additional measures are necessary to meet the time schedule." 6. The Discharger expects full compliance by 1 February 2009, as required in the CDO. However, due to the need to perform thermal monitoring for development of a Thermal Plan Exception Report, compliance with the interim requirement to submit a Thermal Plan Exception Report by 1 October 2005 could not be met. The Discharger's updated schedule indicated submittal of the report by the end of January 2006. In settling the Complaint,the Discharger requested Regional Water Board approval of the modified time schedule in order to maintain compliance and prevent possible additional enforcement action for violations of Effluent Limitations B.I I and Receiving Water Limitations F.8 and F.9. Extension of this interim compliance due date is not anticipated to delay full compliance in accordance with the CDO. This Resolution amends Cease and Desist Order No. R5-2004-0029 by changing the due date for submittal of a Thermal Plan Exception Report from 1 October 2005 to 1 February 2006. The final compliance date for the time schedule remains unchanged. 7. The action to adopt or amend a CDO is exempt from the provisions of the California Environmental Quality Act(Public Resources Code section 21000, et seq.), in accordance with Section 15321(a)(2), Title 14, of the California Code of Regulations. 8. The Regional Water Board has notified the Discharger and interested agencies and persons of its intent to amend waste discharge requirements for this discharge and has provided them with