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Patricia Leary - 2 - 16 January 2009 The NOV also included a request for the Discharger to submit a report, pursuant to California Water Code (CWC) Section 13267, that outlined the actions taken to: 1. Protect public health through compliance with reclamation specifications for total coliform organisms. 2. Cease all irrigation with inadequately disinfected sewage effluent. 3. Prevent windblown drift of effluent into public areas from spray irrigation. 4. Develop and implement a contingency plan for any future non-compliance. 5. Post the public areas and mark the irrigation system components to assure adequate notification of the use of reclaimed water at the Park. On 19 September 2003, the Discharger submitted a report that indicated the ozonation system had been replaced to meet total coliform reclamation specifications and provided a list of actions the Discharger has taken to minimize public contact with the substandard effluent at the Park and address the other violations discussed in the NOV. In a Regional Water Board Inspection Report dated 7 February 2005, staff indicated that the Discharger has been "unable to meet the 2.2 MPN/100 mL coliform requirement 16 out of the past 24 months." After a review of SMRs conducted at that time, Regional Water Board staff also concluded that the Discharger "is unable to consistently meet NPDES Permit. requirements". Based on these findings, the Discharger does not appear to have adequately addressed the violations defined in the NOV that was issued on 9 September 2003. On 5 May 2006, the Regional Water Board adopted Order R5-2006-0039 (NPDES No. CA0083682). Due to on-going violations of permit reclamation specifications for Title 22 constituents, and the inability of the Discharger to comply with several new reclamation specifications, the Order was adopted with Cease and Desist Order (CDO) R5-2006-0040. The CDO included a time schedule for the Discharger to comply with reclamation specifications for several constituents by 1 May 2011. However, the time schedule deadline for compliance with total coliform and turbidity reclamation specifications was 1 May 2008. RECLAMATION SPECIFICATION VIOLATIONS A recent review of the monthly SMRs submitted by the discharger from January 2008 through September 2008, indicate that there were 121 violations of final reclamation specifications, pursuant to Order R5-2006-0039, for total suspended solids (TSS), biochemical oxygen demand (BOD), pH, turbidity, and total coliform organisms, fifty of which were not subject to the CDO time schedule. The Reclamation Specifications include: "C. Reclamation Specifications— Discharge Point 002 1. Beginning Permit Effective Date (5 May 2006), the discharge of treated domestic wastewater to land for reclamation purposes shag maintain compliance with the