Petition for Writ of Certiorari — City and County of San Francisco, California, Petitioner v. Environmental Protection Agency
Supreme Court briefJan 8, 2024
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In The
Supreme Court of the United States
---------------------------------♦--------------------------------CITY AND COUNTY OF SAN FRANCISCO,
Petitioner,
v.
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
---------------------------------♦--------------------------------On Petition For Writ Of Certiorari
To The United States Court Of Appeals
For The Ninth Circuit
---------------------------------♦--------------------------------APPENDIX VOLUME II
---------------------------------♦--------------------------------CITY AND COUNTY OF
SAN FRANCISCO
DAVID CHIU
San Francisco City Attorney
YVONNE R. MERÉ
Chief Deputy City Attorney
TARA M. STEELEY
Chief of Appellate Litigation
JOHN S. RODDY
ESTIE M. KUS
Deputy City Attorneys
1 Dr. Carlton B. Goodlett Pl.
San Francisco, CA 94102
January 8, 2024
BEVERIDGE & DIAMOND, P.C.
ANDREW C. SILTON
Counsel of Record
JOHN C. CRUDEN
RICHARD S. DAVIS
1900 N Street N.W., Suite 100
Washington, DC 20036
(202) 789-6000
asilton@bdlaw.com
MACKENZIE S. SCHOONMAKER
825 3rd Avenue, 16th Floor
New York, NY 10022
Counsel for Petitioner
City and County of
San Francisco
================================================================================================================
COCKLE LEGAL BRIEFS (800) 225-6964
WWW.COCKLELEGALBRIEFS.COM
i
APPENDIX TABLE OF CONTENTS
Page
VOLUME I
U.S. Court of Appeals for the Ninth Circuit,
Opinion, July 31, 2023 ..................................... App. 1
United States Environmental Protection Agency,
Region IX, Notice of Final Permit Decision,
December 12, 2022 ......................................... App. 77
United States Environmental Protection Agency,
Region IX, and California Regional Water
Quality Control Board, San Francisco Bay Region, Waste Discharge Requirements and National Pollutant Discharge Elimination System
Permit ............................................................. App. 80
Attachment A – Definitions ......................... App. 141
Attachment B – Facility and Receiving Water
Maps ............................................................. App. 156
Attachment C – Process Flow Schematics..... App. 163
Attachment D – Standard Provisions ......... App. 166
Attachment E – Monitoring and Reporting
Program ........................................................ App. 190
VOLUME II
Attachment F – Fact Sheet .......................... App. 246
Attachment G – Regional Standard Provisions, and Monitoring and Reporting Requirements ................................................... App. 332
Attachment H – Pretreatment Requirements ... App. 374
ii
APPENDIX TABLE OF CONTENTS – Continued
Page
Environmental Appeals Board, United States
Environmental Protection Agency, Order
Denying Review, December 1, 2020 ............. App. 402
U.S. Court of Appeals for the Ninth Circuit, Order Denying Petition for Rehearing En Banc,
October 10, 2023........................................... App. 487
Text of 40 C.F.R. § 122.44(d), (k) ..................... App. 488
United States Environmental Protection Agency,
Region IX, and California Regional Water
Quality Control Board, San Francisco Bay Region, Response to Written Comments ......... App. 493
App. 246
[F-1] ATTACHMENT F – FACT SHEET
Contents
I. Permit Information ..................................... F-3
II. Facility Description..................................... F-4
A. Wastewater and Biosolids Treatment.... F-4
B. Discharge Points and Receiving Waters ........................................................ F-6
C. Summary of Previous Requirements
and Self-Monitoring Data .................... F-7
III. Applicable Plans, Policies, and Regulations ............................................................. F-9
A. Legal Authorities .................................. F-9
B. California Environmental Quality
Act ......................................................... F-9
C. State and Federal Laws, Regulations,
Policies, and Plans ................................ F-9
D. Impaired Waters on CWA 303(d) List.... F-14
IV. Rationale for Effluent Limitations and
Discharge Specifications ............................. F-14
A. Discharge Prohibitions ....................... F-15
B. Technology-Based Effluent Limitations....................................................... F-16
C. Water Quality-Based Effluent Limitations (WQBELs) .................................... F-17
1. Scope and Authority ........................ F-17
2. Beneficial Uses and Water Quality
Objectives ..................................... F-18
3. Minimum Initial Dilution ............. F-18
App. 247
4. Need for Water Quality-Based Effluent Limitations (Reasonable
Potential Analysis) ....................... F-19
5. WQBELs ....................................... F-25
D. Discharge Requirement Considerations....................................................... F-25
V. Rationale for Receiving Water Limitations .... F-26
VI. Rationale for Provisions ............................. F-27
A. Standard Provisions ............................. F-27
B. Monitoring and Reporting Program
(MRP) Requirements ............................ F-27
C. Special Provisions .............................. F-27
1. Reopener Provisions ..................... F-27
2. Effluent Characterization Study
and Report .................................... F-27
3. Pollutant Minimization Program .... F-28
4. Special Provisions for PubliclyOwned Treatment Works (POTWs).... F-28
5. Combined Sewer System Controls ... F-29
6. Westside Recycled Water Project
Operations Notification ................ F-31
7. Flame Retardant Special Study .... F-32
8. Efficacy of Combined Sewer System Controls Special Study .......... F-32
VII.
Rationale for Monitoring and Reporting
Requirements .............................................. F-32
VIII. Public Participation .................................... F-34
App. 248
[F-2] Tables
Table F-1. Facility Information .........................
F-3
Table F-2. Previous Dry Weather Effluent Limitations and Monitoring Data ........................ F-7
Table F-3. Combined Sewer Discharge Frequency............................................................. F-7
Table F-4. Combined Sewer Discharge Duration
(July 1, 2012, through June 30, 2013) ............ F-8
Table F-5. Basin Plan Beneficial Uses ..............
F-9
Table F-6. Ocean Plan Beneficial Uses ................ F-11
Table F-7. Secondary Treatment Requirements .............................................................. F-16
Table F-8. Ocean Plan Table 2 Effluent Limitations ................................................................ F-17
Table F-9. Reasonable Potential Analysis No. 1
– Existing Conditions ..................................... F-20
Table F-10. Reasonable Potential Analysis No.
2 – Westside Recycled Water Project Conditions ................................................................ F-23
[F-3] ATTACHMENT F – FACT SHEET
This Fact Sheet includes the legal requirements and
technical rationale that serve as the basis for the requirements of this Order. As described in section 11.B
of this Order, the Regional Water Board and U.S. EPA
incorporate this Fact Sheet as findings supporting the
issuance of this Order.
App. 249
I.
PERMIT INFORMATION
The following table summarizes administrative
information related to the facility.
Table F-1. Facility Information
WDID
2 386009001
CIWQS Place ID
256498
Discharger
City and County of San
Francisco
Name of Facility
Oceanside Water Pollution
Control Plant, Wastewater
Collection System, and
Westside Recycled Water
Project
Facility Address
3500 Great Highway
San Francisco, CA 94132
San Francisco County
Facility Contact,
Title and Phone
Dale Miller, Operations
Superintendent, Wastewater
Enterprise, (415) 242-2225
Authorized
Person to Sign
and Submit
Reports
Greg Norby, Assistant General
Manager, Wastewater
Enterprise, (415) 554-2465
Mailing Address
San Francisco Public
Utilities Commission/
Wastewater Enterprise
525 Golden Gate Ave., 13th
Floor, San Francisco, CA 94102
Billing Address
Same
App. 250
Type of Facility
Publicly-Owned Treatment
Works (POTW) and Combined
Sewer System
Major or Minor
Facility
Major
Threat to Water
Quality
2
Complexity
A
Pretreatment
Program
Yes
Reclamation
Requirements
State Water Board Order WQ
2016-0068-DDW
43 million gallons per day
Facility Permitted
(MOD), maximum dry weather
Flow
flow
Facility Design
Flow
Oceanside Water Pollution
Control Plant
43 MGD maximum dry
weather design flow
(secondary treatment)
65 MOD maximum wet
weather design flow
(secondary treatment for 43
MGD and primary treatment
for an additional 22 MOD)
Westside Recycled Water
Protect
4 MGD maximum design flow
(1.6 MGD annual average)
Watershed
San Mateo Coastal Basin
Receiving Water
Pacific Ocean
App. 251
Receiving Water
Type
Ocean waters
A. The City and County of San Francisco (Discharger) owns and operates the Oceanside
Water Pollution Control Plant and its
wastewater collection system. The Discharger
plans to construct, own, and operate the
Westside Recycled Water Project during this
Order’s term. Collectively, the Oceanside Water Pollution Control Plant, wastewater collection system, and Westside [F-4] Recycled
Water Project are referred to as the Facility.
The Facility discharges to the Pacific Ocean, a
water of the United States.
For the purposes of this Order, references to
the “discharger” or “permittee” in applicable
federal and state laws, regulations, plans, or
policy are held to be equivalent to references
to the Discharger herein.
B. The Discharger is regulated pursuant to National Pollutant Discharge Elimination System (NPDES) Permit No. CA0037681. It was
previously subject to Order No. R2-2009-0062
(previous order). The Discharger filed a Report of Waste Discharge and submitted an application for reissuance of its waste discharge
requirements (WDRs) and NPDES permit on
April 3, 2014, and the previous order was administratively extended by operation of law.
Order No. R2-2010-0054 amended the previous order to update the Regional Standard
Provisions (Attachment G); Order No. R22011-0009 amended the previous order to
App. 252
update the pretreatment program requirements (Attachment H).
The Discharger is authorized to discharge
subject to the WDRs and NPDES permit requirements in this Order at the discharge locations described in Table 2 of this Order.
Regulations at 40 C.F.R. section 122.46 limit
the duration of NPDES permits to a fixed
term not to exceed five years. Accordingly, Table 3 of this Order limits the duration of the
discharge authorization. Pursuant to California Code of Regulations, title 23, section
2235.4, the terms and conditions of an expired
permit are automatically continued pending
reissuance of the permit if the Discharger
complies with all requirements for continuation of expired permits. (See 40 C.F.R
§ 122.6[d].)
II. FACILITY DESCRIPTION
A. Wastewater and Biosolids Treatment
1.
Location and Service Area. The
Oceanside Water Pollution Control Plant
is located at 3500 Great Highway, San
Francisco. The plant provides wastewater
treatment for western San Francisco and
a small portion of Daly City owned and
operated by the North San Mateo County
Sanitation District. The service area population is approximately 250,000. The
Discharger is constructing a recycled water project at the plant site during this
Order’s term. The wastewater collection
system is located throughout the western
App. 253
side of San Francisco. Attachment B
shows maps of the Facility area.
2.
Collection System. The Discharger’s
collection system is predominantly a combined sewer system with some limited
separate sanitary sewers. The combined
sewer system consists of approximately
250 miles of pipe, one major pump station
(Westside Pump Station), six minor pump
stations (four all-weather pump stations:
Westside, Sea Cliff No. 1, Sea Cliff No. 2,
and Pine Lake; and two wet weather
pump stations: Sea Cliff No. 3 and Zoo
Wet Weather Lift Station), and three
large transport/storage structures (Westside Transport/Storage Structure, a 49.3million-gallon box-like structure located
beneath the Great Highway; Richmond
Tunnel, a 12.0-million-gallon tunnel located to the north; and Lake Merced Tunnel, a 10.0-million-gallon tunnel located
to the south). The separate sanitary
sewer systems serve isolated areas and
are also regulated under State Water
Board [F-5] Order No. 2006-0003-DWQ
as amended by State Water Board Order
No. WQ 2013-0058-EXEC.
3.
Wastewater Treatment
a.
Oceanside Water Pollution Control Plant. During dry weather, the
plant provides secondary treatment.
The treatment processes include
coarse screening at the Westside
App. 254
Pump Station, fine screening and
grit removal at the plant headworks,
primary sedimentation, activated
sludge treatment by a high-purity
oxygen process, and secondary clarification. The effluent is not disinfected. The plant has a maximum
secondary treatment design capacity
of about 43 million gallons per day
(MGD). During wet weather, the
plant can provide primary treatment
for about 22 MGD more, which is
combined with the secondary-treated
effluent prior to discharge for a total
treatment capacity of 65 MGD. Plant
effluent flows to Discharge Point No.
001 by gravity.
b.
Combined Sewer System. The
combined storage capacity of the
three transport/storage structures is
about 71 million gallons. Collection
system piping provides about 2 million gallons of additional storage. The
transport/storage structures provide
flow equalization and convey combined sewer system flows up to 65
MGD to the plant by way of the
Westside Pump Station.
Flows above the plant’s 65-MGD
treatment capacity receive equivalent-to-primary treatment through
solids settling, skimming of floatable
solids, and in some cases screening
within the combined sewer system.
App. 255
In addition to pumping up to 65 MGD
to the plant, the Westside Pump Station can also pump flow from the
Westside Transport/Storage Structure to Discharge Point No. 001 during wet weather (identified in the
previous order as “decant”). The design capacity of the Westside Pump
Station wet weather pumps ranges
from 98 to 133 MGD depending on
the number and model of pumps operating when there are high water
levels in the West Box of the Westside
Transport/Storage Structure (typically observed during wet weather
operations). Flows that exceed the
capacities of the Oceanside Water
Pollution Control Plant and combined sewer system may discharge
from Discharge Point Nos. CSD-001,
CSD-002, CSD-003, CSD-004, CSD005, CSD-006, and CSD-007. Four of
these discharge points are directly
connected to transport/storage structures (Discharge Point Nos. CSD001, CSD-002, CSD-003, and CSD004), and three are associated with
pump station sumps (Discharge
Point Nos. CSD-005, CSD-006, and
CSD-007). After wet weather events,
stored combined sewer system flows
and accumulated solids remaining in
the transport/storage structures are
conveyed to the plant for treatment.
App. 256
4.
Sludge and Biosolids Management.
The Discharger uses temperature-phased
anaerobic digestion, which is capable of
producing Class A biosolids. Primary
sludge, waste activated sludge, and secondary scum are mixed and co-thickened
using gravity belt thickeners prior to being fed to the anaerobic digestion system.
The digestion system accepts hauled-in
batches of primary and secondary sludge
from the Treasure Island Wastewater
Treatment Plant. Digested biosolids are
dewatered using screw presses and
stored in hoppers prior to being loaded
into covered trucks for transport. During
the wet season, the majority of biosolids
are hauled to a landfill for storage and
eventual use as interim cover, final cover,
or landfill [F-6] building material; a small
percentage is reused for agricultural land
application. During the dry season, biosolids are hauled offsite for agricultural
land application.
5.
Water Recycling and Reclamation.
The Discharger is constructing a recycled
water project at the Oceanside Water Pollution Control Plant site during this Order’s term. Secondary-treated effluent
will be treated further with membrane
filtration, reverse osmosis, and ultraviolet (UV) light disinfection to produce recycled water. The concentrate from the
reverse osmosis process will be commingled with plant effluent prior to discharge at Discharge Point No. 001. Filter
App. 257
backwash water generated at the
Westside Recycled Water Project will be
directed to the plant headworks for treatment. The project is expected to produce
and deliver an annual average flow of 1.6
MGD of recycled water for distribution in
the western portion of San Francisco,
with peak deliveries of up to 4 MGD during summer. Water recycling operations
will not increase the mass of pollutants
discharged at Discharge Point No. 001,
but will increase the concentration of pollutants discharged. The requirements of
this Order account for the discharge from
this water recycling project. Reclamation
requires waste discharge requirements
beyond those specified here, such as those
in State Water Board Order No. WQ 20160068-DDW (Water Reclamation Requirements for Recycled Water Use).
B. Discharge Points and Receiving Waters
1.
Discharge Point No. 001. During dry
weather, secondary-treated effluent is
discharged at Discharge Point No. 001.
During wet weather, the discharge at Discharge Point No. 001 comprises primarytreated and secondary-treated effluent
from the Oceanside Water Pollution
Control Plant and equivalent-to-primarytreated effluent from the Westside Transport/
Storage Structure. When the Westside
Recycled Water Project becomes operational, reverse osmosis concentrate will
App. 258
also be discharged at Discharge Point No.
001.
Discharge Point No. 001 is a 4.5-mile-long
(3.9 nautical mile-long) deepwater outfall
that terminates with a diffuser that begins approximately 3.8 miles (3.3 nautical miles) from shore at a depth of 78 feet
below mean lower low water (MLLW).
The diffuser has 85 risers spread along a
3,000-foot outfall pipe. Each riser has
eight ports. Discharge Point No. 001 discharges to the Pacific Ocean beyond the
territorial waters of the State, which end
three nautical miles from MLLW at
shore.
2.
Discharge Point Nos. CSD-001, CSD002, CSD-003, CSD-004, CSD-005, CSD006, and CSD-007. During wet weather,
equivalent-to-primary-treated wastewater
is discharged to the Pacific Ocean at Discharge Point Nos. CSD-001, CSD-002,
CSD-003, and CSD-004 when the Westside Pump Station capacity is exceeded,
and at Discharge Point Nos. CSD-005,
CSD-006, and CSD-007 when the capacities of the corresponding pump stations
(i.e., Sea Cliff No. 1 and Sea Cliff No. 2
Pump Stations) are exceeded, including
the capacity of the wet well connected to
Discharge Point No. CSD-006. These discharge points are located within the territorial waters of the State.
App. 259
[F-7] C. Summary of Previous Requirements and
Self-Monitoring Data
1.
Dry Weather. Dry weather effluent limitations and representative monitoring
data from the previous order term are
presented below for discharges from the
Oceanside Water Pollution Control Plant
at Discharge Point No. 001:
App. 260
Table F-2. Previous Dry Weather Effluent Limitations and Monitoring Data
Effluent Limitations
Parameter
Biochemical Oxygen
Demand, 5-day @ 20°C
(BOD5)
Total Suspended Solids (TSS)
Units
6-Month Monthly Weekly
Median Average Average
---
15
---
29
51[1]
---
30
45
--85
------(min.)
85
------(min.)
Within a range of 6.0 – 9.0
------150
5.9
----24
10
---
18
26
---
95
---
87[2]
---
---
96
---
92[2]
---
---
mg/L
---
mg/L
---
BOD5 percent removal
%
TSS percent removal
%
pH
Chronic Toxicity
Mercury
s.u.
TUc
μg/L
Daily
Max.
Monitoring Data
(1/2011 – 12/2017)
Highest Highest Highest Highest
Median 6-Month Monthly Weekly
Daily
Median Average Average
Max.
30
45
50
0.0068
Within a range of 6 0 – 8.3
------0.0093
-----
149
0.071
Abbreviations:
Max.
min.
mg/L
μg/L
s.u.
TUc
= maximum
= minimum
= milligrams per liter
= micrograms per liter
= standard units
= chronic toxicity units
Footnotes:
[1]
The Discharger exceeded the weekly average effluent limitation three times during the previous order term, in October 2013, July 2014, and June 2017.
The Discharger attributes these exceedances to the presence of nitrifying bacteria since carbonaceous biochemical oxygen demand (CBODs) concentrations
were within the expected range. This Order allows CBODs effluent limitations to be substituted for BODs effluent limitations to address this concern, as
described in Fact Sheet section IV.B.2, below.
[2]
Lowest monthly average.
App. 261
2.
Wet Weather. Wet weather requirements
from the previous order term included
implementation of the nine minimum
controls and the long-term control plan.
The combined sewer system was designed
to achieve a long-term average of eight
combined sewer discharges per year. The
following two tables summarize combined sewer discharges over a 20-year
period and average combined sewer discharge durations for wet season 20122013.
App. 262
Table F-3. Combined Sewer Discharge Frequency
Year (July 1 –
Rain
June 30)
(inches) Lake Merced Vicente
CSD-001
CSD-002
1997-1998
41.1
10
13
[F-8] 1998-1999
18.9
6
7
1999-2000
23.2
5
6
2000-2001
13.8
2
0
2001-2002
24.4
6
6
2002-2003
22.3
5
6
2003-2004
18.8
4
4
2004-2005
26.2
7
7
2005-2006
31.8
11
9
2006-2007
14.8
2
1
2007-2008
18.4
4
4
2008-2009
18.3
4
4
2009-2010
25.8
4
3
2010-2011
30.1
5
4
2011-2012
17.0
3
3
2012-2013
19.7
6
6
2013-2014
12.0
3
2
2014-2015
17.7
6
6
2015-2016
18.6
9
8
2016-2017
32.4
13
13
2017-2018
18.0
3
3
Average
22.1
5.6
5.5
Number of Combined Sewer Discharges[1]
Lincoln Mile Rock Sea Cliff No. 1 Sea Cliff Sewer Sea Cliff No. 2
CSD-003 CSD-004
CSD-005
CSD-006
CSD-007
[2]
[3]
13
2
10
[2]
[3]
7
0
0
[2]
[3]
6
1
1
[2]
[3]
0
2
2
[2]
[3]
6
1
1
[2]
[3]
6
1
7
[2]
[3]
4
2
8
[2]
[3]
6
5
8
[2]
[3]
9
3
9
[2]
[3]
1
0
2
[2]
[3]
4
0
1
[2]
[3]
4
0
1
[2]
[3]
3
6
7
[2]
4
0
0
3
[2]
2
2
0
3
[2]
6
3
1
3
[2]
2
0
1
3
[2]
6
3
0
4
[2]
6
1
0
4
[2]
13
1
0
14
[2]
3
0
0
5
[2]
5.3
1.5
0.3
4.6
Footnotes:
[1]
This table reflects rain and discharge frequencies reported in monthly self-monitoring reports.
[2]
The previous order did not require monitoring at Discharge Point No. CSD-004.
[3]
The Discharger did not monitor combined sewer discharge frequency at Discharge Point No. CSD-006 until it installed telemetry in 2010.
App. 263
Table F-4. Combined Sewer Discharge Duration (July 1, 2012, through June 30, 2013)
Lake
Merced
CSD-001
Vicente
CSD-002
Lincoln
CSD-003
Mile
Rock
CSD-004
Sea Cliff
No. 1
CSD-005
Sea Cliff
Sewer
CSD-006
Sea Cliff
No. 2
CSD-007
Days with Rainfall
53
53
53
[1]
53
53
53
Discharge Events
6
6
6[2]
[1]
3
1
3
Average Duration (hours)
2.39
3.28
3[2]
[1]
0.08
0.58
0.28
Average Volume/Event
(million gallons)
2.75
3.16
[2]
[1]
0.002
0.08
0.01
Footnotes:
[1]
The previous order did not require monitoring at Discharge Point No. CSD-004.
[2]
Telemetry equipment for Discharge Point No. CSD-003 was not operational in December 2012. Due to similar weir heights and positions within the system,
discharges likely occur simultaneously at Discharge Point Nos. CSD-002 and CSD-003. As such, about six discharges likely occurred from Discharge Point
No. CSD-003 between July I, 2012, and June 30, 2013, lasting an average duration of about 3 hours.
App. 264
[F-9] III. APPLICABLE PLANS, POLICIES, AND
REGULATIONS
A. Legal Authorities
This Order serves as WDRs pursuant to California Water Code article 4, chapter 4, division
7 (commencing with § 13260) for discharges to
waters of the State. This Order is also issued
pursuant to federal Clean Water Act (CWA)
section 402 and implementing regulations
adopted by U.S. EPA, and Water Code chapter
5.5, division 7 (commencing with § 13370). It
serves as an NPDES permit for point source
discharges from the Facility to surface waters.
B. California Environmental Quality Act
Under Water Code section 13389, this action
to adopt an NPDES permit is exempt from the
provisions of the California Environmental
Quality Act, Public Resources Code division
13, chapter 3 (commencing with § 21100). On
September 3, 2015, the San Francisco Planning Commission certified the Final Environmental Impact Report for the Westside
Recycled Water Project, finding that the Discharger, acting through the San Francisco
Planning Department, fulfilled all California
Environmental Quality Act procedural requirements.
C. State and Federal Laws, Regulations,
Policies, and Plans
1.
Water Quality Control Plan. The Regional Water Board adopted the Water
Duality Control Plan for the San
App. 265
Francisco Bay Basin (Basin Plan), which
designates beneficial uses, establishes
water quality objectives, and contains implementation programs and policies to
achieve those objectives for all waters in
the San Francisco Bay Region. Requirements of this Order implement the Basin
Plan. The table below lists the beneficial
uses the Basin Plan attributes to the Pacific Ocean:
Table F-5. Basin Plan Beneficial Uses
Receiving
Water
Pacific
Ocean
Beneficial Uses
• Industrial Service Supply (IND)
• Commercial and Sport Fishing
(COMM)
• Shellfish Harvesting (SHELL)
• Marine Habitat (MAR)
• Fish Migration (MIGR)
• Preservation of Rare and
Endangered Species (RARE)
• Fish Spawning (SPWN)
• Wildlife Habitat (WILD)
• Water Contact Recreation (RECI)
• Noncontact Water Recreation
(REC2)
• Navigation (NAV)
Basin Plan Table 4-1, Discharge Prohibition 1, prohibits wastewater discharges
with particular characteristics of concern
to beneficial uses at any point at which
App. 266
the wastewater does not receive a minimum initial dilution of at least 10:1.
Basin Plan section 4.2 provides for exceptions under certain circumstances:
[F-10] • An inordinate burden would be
placed on the Discharger relative to
the beneficial uses protected, and an
equivalent level of environmental
protection can be achieved by alternate means;
•
A discharge is approved as part of a
reclamation project;
•
Net environmental benefits will be
derived as a result of the discharge;
or
•
A discharge is approved as part of a
groundwater cleanup project.
The Basin Plan further states:
Significant factors to be considered
by the Regional Water Board in reviewing requests for exceptions will
be the reliability of the discharger’s
system in preventing inadequately
treated wastewater from being discharged to the receiving water and
the environmental consequence of
such discharges.
During wet weather, this Order grants
an exception to Basin Plan Discharge
Prohibition 1 for discharges at Discharge
Point Nos. CSD-001, CSD-002, CSD-003,
App. 267
CSD-004, CSD-005, CSD-006, and CSD007 for the following reasons:
•
Eliminating all wet weather combined sewer discharges or ensuring
that these discharges receive a minimum initial dilution of 10:1 would be
an inordinate burden disproportionate to the beneficial uses protected.
The Discharger continues to invest in
infrastructure to improve the combined sewer system (San Francisco
Public Utilities Commission Wastewater Enterprise, Report of Waste
Discharge, Supplemental Information,
Capital Improvements and Operational Changes, April 3, 2014). This
Order continues to require capture
and treatment of all combined wastewater and stormwater. This Order
also requires the Discharger to evaluate control alternatives to eliminate,
relocate, or reduce the magnitude
or frequency of combined-sewer discharges.
•
An equivalent level of environmental
protection is provided because operating a combined sewer system, as
opposed to a separate sewer system,
removes many pollutants in urban
runoff that elsewhere in the Region
are discharged through stormwater
outfalls with little or no treatment.
This additional treatment comes at
the cost of occasionally discharging
App. 268
partially-treated combined sewage
and stormwater through Discharge
Point Nos. CSD-001, CSD-002, CSD003, CSD-004, CSD-005, CSD-006,
and CSD-007. The Monitoring and
Reporting Program (MRP) (Attachment E) requires the Discharger to
monitor combined sewer discharges
and receiving waters to verify that an
equivalent level of environmental
protection is provided.
2.
California Ocean Plan. The State Water Board adopted the Water Quality Control Plan for Ocean Waters of California,
California Ocean Plan (Ocean Plan) in
1972 and has amended it several times,
including in 1978 and most recently in
2018. The most recent changes became effective February 4, 2019. The Ocean Plan
establishes water quality objectives and a
program of implementation to protect
beneficial uses of the Pacific Ocean within
the territorial waters of the State.
The territorial waters of the State end 3
nautical miles from shore. Discharge
Point No. 001 is approximately 3.8 miles
(3.3 nautical miles) offshore in federal
waters. The Ocean Plan [F-11] (Appendix
1, Ocean Waters) states, “If a discharge
outside the territorial waters of the State
could affect the quality of the waters of
the State, the discharge may be regulated
to assure no violation of the Ocean Plan
will occur in ocean waters.” This Order
App. 269
contains discharge prohibitions, effluent
limitations, receiving water limitations,
and other provisions to ensure that discharges from Discharge Point No. 001 do
not affect State waters. This Order’s requirements related to Discharge Point
No. 001 are based on U.S. EPA’s federal
authorities pursuant to the Clean Water
Act.
a.
Beneficial Uses. The table below
lists the beneficial uses the Ocean
Plan assigns to the Pacific Ocean:
Table F-6. Ocean Plan Beneficial Uses
Receiving
Water
Beneficial Uses
Pacific
Ocean
• Industrial Water Supply
• Water Contact and Non-Contact
Recreation, including Aesthetic
Enjoyment
• Navigation
• Commercial and Sport Fishing
• Mariculture
• Preservation and Enhancement of
Designated Areas of Special
Biological Significance (ASBS)
• Rare and Endangered Species
• Marine Habitat
• Fish Migration
• Fish Spawning
• Shellfish Harvesting
App. 270
b.
State Water Board Order No. WQ
79-16. During wet weather, State
Water Board Order No. WQ 79-16
sets forth requirements for discharges from Discharge Point Nos.
CSD-001, CSD-002, CSD-003, CSD004, CSD-005, CSD-006, and CSD007. Ocean Plan chapter III.J allows
the State Water Board to grant exceptions to Ocean Plan requirements
on a case-by-case basis if the public
interest is served and the exception
does not compromise beneficial uses
(exceptions are listed in Ocean Plan
Table VII-1). In 1979, the State Water
Board granted the Discharger an exception from Ocean Plan requirements and imposed conditions,
including but not limited to the following:
•
Except for the bacteriological
standards, to the greatest extent
practical, the Discharger is to
design, construct, and operate
facilities to conform to the remaining standards set forth in
chapter II of the 1978 Ocean
Plan. These standards relate to
physical characteristics (i.e.,
floating particulates, discoloration, natural light, and inert
solids deposition), chemical
characteristics (i.e., dissolved
oxygen, pH, dissolved sulfide,
toxic and organic chemicals in
App. 271
marine sediments, and nutrients),
biological characteristics (i.e.,
marine communities and taste,
odor, and color of marine resources
used for human consumption),
and radioactivity. Provisions V
and VI.C.5 of this Order, and
Attachments D and G sections
1.C and 1.D, require the Discharger to design, construct, and
operate its facilities to conform
to these standards to the greatest extent practical.
[F-12] • To the greatest extent practical, the Discharger is to design,
construct, and operate facilities
to comply with the conditions
controlled by the requirements
set forth in chapter III, sections
A and B, of the 1978 Ocean Plan.
These requirements call for
waste management systems to
be designed and operated in a
manner that will maintain indigenous marine life and a
healthy and diverse marine community. They also call for waste
discharges to be essentially free
of floatable and settleable material, substances toxic to marine
life due to increases in concentrations in water or sediments,
substances that significantly decrease natural light, and materials that result in esthetically
App. 272
undesirable discoloration of the
ocean surface. Provisions V and
VI.C.5 of this Order and Attachments D and G sections I.C and
I.D require the Discharger to design, construct, and operate its
facilities to conform to these requirements to the greatest extent practical.
•
The Discharger is to design and
construct facilities to contain all
stormwater runoff beyond that
associated with an average of
eight combined sewer discharges
per year. Section III and Provision VI.C.5.c of this Order implement this condition.
•
Beaches affected by combined
sewer discharges are to be
posted with warning signs beginning when the discharge commences until analysis indicates
that water quality meets Ocean
Plan bacteriological standards for
recreation. Provision VI.C.5.a.viii
of this Order implements this
condition.
•
Shellfish areas harvested for human consumption that may be
affected by combined sewer discharges are to be posted with
warning signs beginning when
the discharge commences until
App. 273
the City and County Health
Department indicates that no
further posting is required. Provision VI.C.5.a.viii of this Order
implements this condition.
•
The Discharger is to comply with
federal and State source control
programs to minimize the entry
of toxic substances into the waste
collection system from industrial
sources. Provisions VI.C.4.b and
VI.C.5.a.iii of this Order and Attachment H implement this condition.
•
The Discharger is to implement
a self-monitoring program in accordance with Regional Water
Board specifications. Provision
VI.B of this Order and Attachment E implement this condition.
State Water Board Order No. WQ 7916 explains the rationale for this exception and its conditions. It also
states that the Regional Water Board
or U.S. EPA may require construction
of additional facilities or modification
of existing Facility operations if it
finds (1) changes in the location, intensity, or importance of affected
beneficial uses, or (2) demonstrated
unacceptable adverse impacts result
App. 274
from Facility operations as currently
constructed.
3.
Combined Sewer Overflow (CSO)
Control Policy. On April 11, 1994, U.S.
EPA adopted the Combined Sewer Overflow (CSO) Control Policy to establish a
national approach for controlling combined sewer discharges and overflows (59
Fed. Reg. 18688-18698, April 19, 1994).
The Wet Weather Water Quality Act of
2000 amended the CWA to require that
[F-13] permits issued after December 21,
2000, for discharges from combined sewer
systems conform to the Combined Sewer
Overflow (CSO) Control Policy (33 U.S.C.
§ 1342[q][1]). Requirements of this Order
implement the Combined Sewer Overflow
(CSO) Control Policy, including the implementation of the nine minimum controls, a Long-Term Control Plan, and a
post-construction monitoring program.
(See Fact Sheet § VI.C.5.)
4.
Antidegradation Policy. Federal regulations at 40 C.F.R. section 131.12 require
that state water quality standards include
an antidegradation policy consistent with
stated requirements. The State Water
Board established California’s antidegradation policy through State Water Board
Resolution No. 68-16, “Statement of Policy with Respect to Maintaining High
Quality of Waters in California,” which
meets the federal antidegradation policy requirements. Resolution No. 68-16
App. 275
requires that existing water quality be
maintained unless degradation is justified based on specific findings. The Basin
Plan implements, and incorporates by
reference, the antidegradation policy. Permitted discharges must be consistent
with the antidegradation provisions of 40
C.F.R. section 131.12 and Resolution No.
68-16. (See Fact Sheet § IV.D.2.)
5.
Anti-Backsliding Requirements. CWA
sections 402(o) and 303(d)(4) and 40
C.F.R. section 122.44(1) restrict backsliding in NPDES permits. These anti-backsliding provisions require that effluent
limitations in a reissued permit be as
stringent as those in the previous permit,
with some exceptions in which limitations may be relaxed. (See Fact Sheet
§ IV.D.1.)
6.
Endangered Species Act Requirements. This Order does not authorize
any act that results in the taking of a
threatened or endangered species or any
act that is now prohibited, or becomes
prohibited in the future, under either
the California Endangered Species Act
(Fish and Game Code §§ 2050 to 2097) or
the federal Endangered Species Act (16
U.S.C. §§ 1531 to 1544). This Order requires compliance with effluent limits, receiving water limits, and other provisions
to protect beneficial uses, including protecting rare and endangered species. The
App. 276
Discharger is responsible for meeting all
Endangered Species Act requirements.
U.S. EPA’s reissuance of this NPDES permit is subject to certain requirements of
the federal Endangered Species Act of
1973 and the Magnuson-Stevens Fishery
Conservation and Management Act. In
October 2017, U.S. EPA requested updated information from the National Marine Fisheries Service and the U.S. Fish
and Wildlife Service (collectively, the Services) related to (1) essential fish habitat
and managed and associated species, and
(2) threatened and endangered species
and their designated critical habitats
near Discharge Point No. 001. U.S. EPA
made a “may affect, not likely to adversely affect” determination for the
southern California steelhead, Central
California Coho salmon, Central Valley,
spring-run chinook salmon, Sacramento
River winter-run chinook salmon, humpback whale, leatherback turtle, green sea
turtle, loggerhead turtle, white abalone,
and olive ridley sea turtle; and a “no effect” determination for the remaining
listed species under the Services’ jurisdictions (U.S. EPA Biological Evaluation,
September 2018). U.S. EPA provided a revised biological evaluation to the Services
in April 2019. U.S. EPA may decide that
changes to this Order are warranted
based on the results of the completed consultation, and may modify or reopen it
App. 277
prior to the expiration date as described
in Provision VI.C.1 of this Order.
[F-14] 7. Sludge and Biosolids. U.S. EPA
administers 40 C.F.R. part 503, “Standards for the Use or Disposal of Sewage
Sludge,” which regulates the final use or
disposal of sewage sludge generated during the treatment of domestic sewage in a
municipal wastewater treatment facility.
This Order does not authorize any act
that violates those requirements. The
Discharger is responsible for meeting all
applicable requirements of 40 C.F.R. part
503.
8.
Ocean Discharge Criteria Evaluation. CWA section 403(c) and implementing regulations at 40 C.F.R. part 125,
subpart M, establish ocean discharge criteria for preventing unreasonable degradation of the marine environment of the
territorial seas, contiguous zones, and
oceans. The regulations at 40 C.F.R. section 125.122(b) allow a permitting authority to presume that a discharge will
not cause unreasonable degradation for
specific pollutants or conditions if the discharge complies with state water quality
standards. This Order implements State
water quality standards for discharges
from Discharge Point Nos. CSD-001,
CSD-002, CSD-003, CSD-004, CSD-005,
CSD-006, and CSD-007. This Order also
implements State water quality standards for discharges from Discharge Point
App. 278
No. 001, with the modifications described
below.
This Order’s requirements for Discharge
Point No. 001 are consistent with the
Ocean Plan, except with respect to
chronic toxicity and TCDD equivalents.
In all other respects, therefore, U.S. EPA
presumes that the discharge will not
cause unreasonable degradation. With respect to chronic toxicity and TCDD equivalents, U.S. EPA is required to consider
the site-specific factors listed in 40 C.F.R.
section 125.122(a). U.S. EPA prepared an
evaluation under CWA section 403(c) for
chronic toxicity and TCDD equivalents
and concluded that no unreasonable degradation of ocean waters will occur.
9.
Coastal Zone Management Act. The
California Coastal Commission has indicated that it is unnecessary to obtain a
consistency certification pursuant to the
Coastal Zone Management Act (16 U.S.C.
§ 1451 et seq.).
D. Impaired Waters on CWA 303(d) List
On April 6, 2018, U.S. EPA approved a revised
list of California’s impaired waters pursuant
to CWA section 303(d), which requires identification of specific waters where it is expected
that water quality standards will not be met
after implementation of technology-based effluent limitations on point sources. Where it
has not done so already, the Regional Water
Board plans to adopt total maximum daily
App. 279
loads (TMDLs) for waters on the 303(d) list.
TMDLs establish wasteload allocations for
point sources and load allocations for nonpoint sources, and are established to achieve
the water quality standards for the impaired
waters. This Order does not authorize any discharge to receiving waters on California’s list
of impaired waters.
IV. RATIONALE FOR EFFLUENT LIMITATIONS
AND DISCHARGE SPECIFICATIONS
The CWA requires point source dischargers to control the amount of conventional, non-conventional,
and toxic pollutants discharged into the waters of
the United States. The control of pollutants discharged is established through effluent limitations and other requirements in NPDES permits.
There are two principal bases for effluent limitations: 40 C.F.R. section 122.44(a) requires that
permits include applicable technology-based limitations and standards; and 40 C.F.R. [F-15] section
122.44(d) requires that permits include water
quality-based effluent limitations to attain and
maintain applicable numeric and narrative water
quality criteria to protect the beneficial uses of the
receiving water.
A. Discharge Prohibitions
1.
Prohibition III.A (Discharge different than described). This prohibition
is based on 40 C.F.R. section 122.21(a)
and Water Code section 13260, which require filing an application and Report of
Waste Discharge before a discharge can
occur. Discharges not described in the
App. 280
application and Report of Waste Discharge, and subsequently in this Order,
are prohibited.
2.
Prohibition III.B (Bypass of untreated
or partially-treated wastewater). This
prohibition is based on the Combined
Sewer Overflow (CSO) Control Policy and
40 C.F.R. section 122.41(m) (see Attachment D section I.G). Pursuant to 40 C.F.R.
section 122.41(m)(4)(ii), the Regional Water Board and U.S. EPA approve bypass
of the biological treatment units (i.e.,
blending primary-treated effluent with
biologically-treated effluent) during wet
weather, when treatment plant influent
flow exceeds 43 MGD (the hydraulic capacity of the biological treatment units),
because such bypass meets the criteria
for approval set forth in 40 C.F.R. sections
122.41(m)(4)(i)(A)-(C):
•
When influent flow exceeds 43 MGD,
bypass of biological treatment is
unavoidable to prevent loss of life,
personal injury, or severe property
damage. Such bypass prevents the
washout of solids and the microbial
population from the biological treatment system and thus ensures
treatment reliability. Moreover, such
bypass prevents backups and flooding in the community that could
cause personal injury or severe property damage.
App. 281
3.
•
There are no feasible alternatives
to bypass when influent flow exceeds 43 MGD. Provisions VI.C.5.c
and VI.C.5.d require the Discharger
to implement all feasible measures to
maximize treatment. As long as the
Discharger complies with these provisions, it is implementing all feasible alternatives to avoid bypass
during wet weather.
•
The Discharger provided notice at
least ten days before any wet weather
bypass in its Report of Waste Discharge,
Oceanside Water Pollution Control
Plant and Westside Wet Weather Facilities (April 3, 2014) and Wastewater
Enterprise Westside Operations Summary Baseline Report (March 2014).
Prohibition III.C (Discharge at Discharge Point No. 001 without minimum initial dilution of at least 148:1).
This prohibition is necessary to ensure
that the assumptions used to derive the
dilution credits established through this
Order for Discharge Point No. 001 remain
substantially the same so the effluent
limitations at Discharge Point No. 001
remain protective of water quality. This
Order considered a dilution credit of
148:1, as modeled assuming no currents,
based on the Discharger’s Southwest
Ocean Outfall Dilution Modeling Report,
Final Report (April 2014) to conduct the
reasonable potential analysis described
App. 282
in Fact Sheet section IV.C.4. Moreover,
the in-stream waste concentration (IWC)
to be used to evaluate compliance with
this Order’s chronic toxicity effluent limitation is based on this dilution credit.
When the Discharger produces 1.0 MGD
of recycled water and discharges [F-16]
reverse osmosis concentrate, the IWC for
chronic toxicity testing reflects a dilution
credit of 266:1, as modeled assuming currents. Both dilution credits correspond to
the same outfall configuration, which this
prohibition seeks to maintain.
4.
Prohibition III.D (Discharge from location other than Discharge Point
No. 001, except during wet weather).
This prohibition clarifies that any discharges other than those to Discharge
Point No. 001 are unauthorized, except
those to Discharge Point Nos. CSD-001,
CSD-002, CSD-003, CSD-004, CSD-005,
CSD-006, and CSD-007 as explicitly authorized during wet weather in accordance with the Combined Sewer Overflow
(CSO) Control Policy.
5.
Prohibition III.E (Discharge in excess of permitted flow). This Order
prohibits an average dry weather effluent
flow greater than 43 MGD based on the
plant’s secondary treatment design capacity. Exceeding the secondary treatment design capacity could result in
lowering the reliability of achieving this
Order’s treatment requirements.
App. 283
B. Technology-Based Effluent Limitations
1.
Scope and Authority. CWA section
301(6) and 40 C.F.R. section 122.44 require that permits include conditions
meeting applicable technology-based requirements, at a minimum, and any more
stringent effluent limitations necessary
to meet water quality standards.
2.
Oceanside Water Pollution Control
Plant. During dry weather, the technologybased requirements for the Oceanside Water Pollution Control Plant are based on
the Secondary Treatment Standards at
40 C.F.R. section 133.102, listed in the following table:
Table F-7. Secondary Treatment Requirements
Parameter Monthly Average Weekly Average
BOD5[1,2]
30 mg/L
45 mg/L
CBODs[1,2]
25 mg/L
40 mg/L
TSS[2]
30 mg/L
45 mg/L
pH
6.0 – 9.0 standard units
Abbreviation:
mg/L
= milligrams per liter
Footnotes:
[1]
CBOD5 effluent limitations may be substituted for BOD5
effluent limitations.
[2]
The monthly average percent removal, by concentration, is
not to be less than 85 percent.
App. 284
This Order does not include the additional technology-based effluent limitations established in Ocean Plan chapter
III.B.1 (i.e., oil and grease, turbidity, settleable solids) because the plant provides
secondary treatment.
During wet weather, the Combined Sewer
Overflow (CSO) Control Policy establishes the minimum technology-based requirements for combined sewer systems
as the implementation of the nine minimum controls based on 40 C.F.R. section
125.3. Provision VI.C.5.a of this Order
contains these requirements.
[F-17] 3. Westside Recycled Water Project. Ocean Plan chapter III.B.1 establishes technology-based effluent limitations
for publicly-owned treatment works and
industrial discharges for which effluent
limitation guidelines have not been established pursuant to CWA sections 301,
302, 304, or 306. This Order requires
Westside Recycled Water Project discharges
to meet the minimum technology-based
effluent limitations established in Ocean
Plan Table 2, listed in the following table:
App. 285
Table F-8.
Ocean Plan Table 2 Effluent Limitations
Monthly Weekly InstanAverage Average taneous
Parameter
Units
Oil and
Grease
mg/L
25
40
75
TSS
mg/L
60[1]
---
---
Settleable
Solids
mL/L
1.0
1.5
3.0
Turbidity
NTU
75
100
225
standard
units
pH
within 6.0 to 9.0 range
(all times)
Abbreviations:
mg/L
mL/L
NTU
= milligrams per liter
= milliliters per liter
= nephelometric turbidity units
Footnote:
[1]
Ocean Plan Table 2 notes state, “Suspended Solids: Dischargers shall, as a 30-day average, remove 75% of suspended solids from the influent stream before discharging
wastewaters to the ocean, except that the effluent limitation to be met shall not be lower than 60 mg/L.” Because
the monthly average effluent limitation for suspended solids has been established as 60 mg/L, the Discharger is not
required to remove 75% of influent suspended solids.
4.
Combined Sewer System. The Westside Transport/Storage Structure and
combined sewer discharge points discharge only during wet weather. As such,
the Combined Sewer Overflow (CSO)
Control Policy establishes the minimum
App. 286
technology-based requirements for combined sewer systems as the implementation of nine minimum controls based on
40 C.F.R. section 125.3. Provision VI.C.5.a
of this Order contains these requirements.
C. Water Quality-Based Effluent Limitations (WQBELs)
1.
Scope and Authority
CWA section 301(b) and 40 C.F.R. section
122.44(d) require that permits include
limitations more stringent than federal
technology-based requirements where
necessary to achieve applicable water
quality standards. According to 40 C.F.R.
section 122.44(d)(l)(i), permits must include effluent limitations for all pollutants that are or may be discharged at
levels that have a reasonable potential to
cause or contribute to an exceedance of a
water quality standard, including numeric and narrative objectives within a
standard. Where reasonable potential
has been established for a pollutant, but
there is no numeric criterion or objective,
WQBELs must be established using (1)
U.S. EPA criteria guidance under CWA
section 304(a), supplemented where necessary by other relevant information; (2)
an indicator parameter for the pollutant
of concern; or (3) a calculated numeric water quality criterion, which may be derived using a proposed state criterion or
App. 287
policy interpreting a state narrative water quality criterion, supplemented with
other relevant information (40 C.F.R.
§ 122.44[d][1][vi]). The process for determining reasonable potential and calculating WQBELs is intended to achieve
applicable water quality objectives and
criteria, protect the [F-18] designated
uses of receiving waters as specified in
the Basin Plan and Ocean Plan, and ensure no unreasonable degradation under
CWA section 403(c) and 40 C.F.R. part
125, subpart M.
During dry weather, this Order imposes
numeric effluent limitations at Discharge
Point No. 001 for pollutants with reasonable potential to cause or contribute to exceedances of water quality standards.
During wet weather, this Order imposes
narrative effluent limitations, not numeric limitations. In accordance with the
Combined Sewer Overflow (CSO) Control
Policy, this Order requires the Discharger
to implement and update its Long-Term
Control Plan. The Combined Sewer Overflow (CSO) Control Policy describes the
presumption and demonstration approaches regarding water quality-based
requirements and requires that a postconstruction water quality monitoring
program be in place to verify compliance
with applicable water quality standards. This Order requires the combined
sewer system to capture 100 percent of
App. 288
combined wastewater and stormwater
and provide equivalent-to-primary treatment consisting of floatables and settleable solids removal. Provision VI.C.5.d
(Task 3.b) of the Order requires the Discharger to assess the feasibility and necessity of disinfecting combined sewer
discharges.
2.
Beneficial Uses and Water Quality
Objectives
Fact Sheet sections III.C.1 and III.C.2,
above, identify the beneficial uses of the
Pacific Ocean. Ocean Plan chapter II (including Table 1) lists water quality objectives for the Pacific Ocean.
3.
Minimum Initial Dilution
In accordance with Ocean Plan chapter
III.C, the minimum initial dilution at Discharge Point No. 001 can be estimated by
experimental observation or computer
simulation. The Discharger submitted
an updated dilution study in April 2014,
Southwest Ocean Outfall (Discharge
Point No. 001) Dilution Modeling Report –
Final, which estimated dilution based on
NRFIELD and UM3 models and ambient
water data measured from April 2012
through October 2013. Based on the more
conservative estimate assuming no currents, the minimum initial dilution ratio
is 148:1 (148 parts seawater per 1 part
wastewater). This represents the minimum 30-day average dilution during the
App. 289
period of maximum stratification, observed from November 2012 through January 2013. The Discharger’s dilution
study also estimated dilution based on existing current velocity data measured at
mid-depth of the water column. Accounting for ocean currents, the more conservative estimate of the minimum 30-day
average dilution during the period of
maximum stratification is 266:1.
A minimum initial dilution of 148:1 is
used in the reasonable potential analysis
described in Fact Sheet section III.C.4,
below. The IWC to be used in chronic toxicity testing is also based on this minimum initial dilution, except when the
Westside Recycled Water Project operates
at full capacity to produce 1.0 MGD of recycled water, in which case the IWC is to
be based on a minimum initial dilution of
266:1 as described in MRP section V.A.2.
This increase in minimum initial dilution
accounts for ocean currents, which move
parallel to the coast, not [F-19] toward
State waters (Assessment of Effects on
California State Waters from the Oceanside Southeast Ocean Outfall, September
26, 2008).
App. 290
4.
Need for Water Quality-Based Effluent Limitations (Reasonable Potential Analysis)
a.
Methodology
i.
Dry Weather. Ocean Plan Appendix VI sets forth a procedure
for reasonable potential analyses applicable to dry weather
discharges from Discharge Point
No. 001. The procedure assumes
a lognormal distribution for the
effluent data and compares the
95th percentile concentration at
95 percent confidence for each
parameter listed in Ocean Plan
Table 1, accounting for dilution,
to the applicable water quality
objective listed in Ocean Plan
Table 1. The analysis results in
one of three endpoints for each
pollutant based on four triggers:
•
Endpoint 1 – There is reasonable potential. WQBELs
and monitoring are required.
•
Endpoint 2 – There is no reasonable potential. WQBELs
are not required, but monitoring may be required.
•
Endpoint 3 – The analysis is
inconclusive. Any existing
App. 291
WQBELs are retained and
monitoring is required.
The four triggers are as follows:
(a) Trigger 1. If any detected
value after adjustment for
dilution (X) is greater than
the applicable water quality
objective (Co), then Endpoint 1 applies.
For Table 1 pollutants:
X = (Ce + Dm Cs) / (Dm + 1)
For acute toxicity:
X = Ce / (0.1 Dm + 1)
Where:
Ce is the effluent concentration
Dm is the minimum initial
dilution expressed as parts
seawater per part
wastewater (148:1)
Cs is the background seawater concentration from
Ocean Plan Table 3.
(b) Trigger 2. If there are three
or more detected values and
the number of non-detected
(ND) or detected but not
quantified (DNQ) values (c)
is less than or equal to 80
percent of the number of
App. 292
data points (n) (i.e., if c/n ≤
80%), a parametric reasonable potential analysis is performed. If the calculated
upper confidence bound is
greater than Co, then Endpoint 1 is concluded; otherwise Endpoint 2 is concluded.
(c) Trigger 3. If there are less
than three detected values
or if there are more than
three detected values but
the percentage of non-detected (ND) or detected but
not quantified (DNQ) values
is more than 80 percent (i.e.,
if c/n > 80%), a non-[F-20]
parametric reasonable potential analysis is performed. Depending on the
results, either Endpoint 2 or
Endpoint 3 is concluded.
(d) Trigger 4. If any other information about the receiving water or the discharge
supports a finding of reasonable potential, then the reasonable potential analysis
may be based on best professional judgment. If data or
other information is unavailable or insufficient to
determine if a WQBEL is
required, Endpoint 3 is
App. 293
concluded. Otherwise, either
Endpoint 1 or Endpoint 2 is
concluded.
ii. Wet Weather. For wet weather
discharges from Discharge Point
No. 001 and the combined sewer
discharge points, the requirements described in Provision
VI.C.5.c of the Order serve as
narrative WQBELs.
b.
Effluent Data. Since the Westside
Recycled Water Project is expected to
become operational during this permit term, two reasonable potential
analyses were performed based on
the Ocean Plan methodology: one
based on current effluent quality and
one based on potential future Westside
Recycled Water Project effluent quality. In both cases, the analyses were
based on dry weather effluent monitoring data the Discharger collected
for Discharge Point No. 001 from
January 2011 through December
2017. However, with full operation of
the Westside Recycled Water Project,
the Discharger anticipates that the
discharge could potentially consist
entirely of reverse osmosis concentrate
approximately 1.4 percent of the time.
Under these rare circumstances, the
effluent could be as much as four
times more concentrated when compared to existing conditions. For
App. 294
purposes of the Westside Recycled
Water Project reasonable potential
analysis, however, existing effluent
data were multiplied by a concentration factor of 1.5, which reflects the
foreseeable increase based on a 30day averaging period. This concentration factor is sufficient to evaluate
reasonable potential when the most
stringent objectives (those with sixmonth averaging periods) apply.
c.
Reasonable Potential Analysis
Results. The following tables present the results of the two reasonable
potential analyses performed (i.e.,
existing conditions and potential future Westside Recycled Water Project
conditions). The analyses show reasonable potential for chronic toxicity
based on Trigger 4. Chronic toxicity
tests are intended to detect toxicity
from a wide range of pollutants, and
since the Facility has a municipal
combined sewer system, there is a
reasonable potential that unanticipated pollutants could be discharged
into the system. Moreover, effluent
monitoring data collected during the
previous order term showed chronic
toxicity at levels close to the previous
order’s effluent limit (see Table F-2)
and similar toxicity could occur in
the future.
App. 295
Table F-9. Reasonable Potential Analysis No. 1 – Existing Conditions
Table 1 Pollutant
Most
Stringent
WQO (μg/L)
No. of
Samples
No. of
Non-Detects
Max Effluent
Concentration
(μg/L)
Max Effluent
Concentration
After Mixing (μg/L)
Projected
95th Percentile
(μg/L)
Result
Objectives for Protection of Marine Aquatic Life
Ammonia (as nitrogen)
600
30
0
54,000
360
400
Endpoint 2
Arsenic
8
83
83
<2.0
<3.0
---
Endpoint 2
Cadmium
1
83
76
1.2
0.0082
---
Endpoint 2
[F-21] Chlorinated Phenolics
1
7
7
<6.0
<0.040
---
Endpoint 3
Chromium (VI)
2
81
76
8.1
0.055
---
Endpoint 2
Acute Toxicity[1]
Chronic Toxicity
Not applicable
1 TUc
28
0
149 TUc
1.0 TUc
1.1 TUC
Endpoint 1
Copper
3
83
0
26
2.2
2.1
Endpoint 2
Cyanide
1
28
25
8.2
0.055
---
Endpoint 2
Endosulfan (total)
0.009
7
7
<0.0062
<4.2E-5
---
Endpoint 3
Endrin
0.002
7
7
<0.0028
<1.9E-5
---
Endpoint 3
HCH
0.004
7
7
<0.0026
<1.7E-5
---
Endpoint 3
Lead
2
83
26
1.6
0.011
0.0090
Endpoint 2
Mercury
0.04
83
1
0.071
0.00097
0.000070
Endpoint 2
Nickel
5
83
0
27
0.18
0.033
Endpoint 2
30
7
6
1.2
0.0081
---
Endpoint 3
Non-chlorinated Phenolics
[2]
Radioactivity
Not applicable
Selenium
15
83
83
<2.0
<0.013
---
Endpoint 2
Silver
0.7
83
82
0.40
0.16
---
Endpoint 2
Total Chlorine Residual[3]
Zinc
Not applicable
20
83
0
97
8.6
8.3
Endpoint 2
7
<0.24
<0.0016
---
Endpoint 3
Objectives for Protection of Human Health – Noncarcinogens
1,1,1-Trichloroethane
540,000
7
App. 296
Most
Stringent
WQO (μg/L)
No. of
Samples
No. of
Non-Detects
Max Effluent
Concentration
(μg/L)
Max Effluent
Concentration
After Mixing (μg/L)
Projected
95th Percentile
(μg/L)
Result
2,4-Dinitrophenol
4.0
7
7
<0.90
<0.0060
---
Endpoint 3
2-Methy1-4,6-Dinitrophenol
220
7
7
<1.6
<0.010
---
Endpoint 3
Acrolein
220
7
7
<2.0
<0.013
---
Endpoint 3
Antimony
1,200
82
74
2.8
0.018
---
Endpoint 2
Bis(2-Chloroethoxy)Methane
4.4
7
7
<0.93
<0.0062
---
Endpoint 3
Bis(2-Chloroisopropyl)Ether
1,200
7
7
<0.81
<0.0054
---
Endpoint 3
Chlorobenzene
570
7
7
<0.25
<0.0017
---
Endpoint 3
Table 1 Pollutant
Chromium (III)[4]
Not applicable
Dichlorobenzenes
5,100
7
7
<3.0
<0.020
---
Endpoint 3
Diethyl Phthalate
33,000
7
7
<0.86
<0.0058
---
Endpoint 3
Dimethyl Phthalate
820,000
7
7
<0.97
<0.0065
---
Endpoint 3
Di-n-Butyl Phthalate
3,500
7
7
<0.91
<0.0061
---
Endpoint 3
Ethylbenzene
4,100
7
7
<1.0
<0.0067
---
Endpoint 3
Fluoranthene
15
8
8
<0.55
<0.0037
---
Endpoint 3
Hexachlorocyclopentadiene
58
7
7
<0.91
<0.0061
---
Endpoint 3
Nitrobenzene
4.9
7
7
<0.95
<0.0064
---
Endpoint 3
Thallium
2
82
82
<1.0
<0.0067
---
Endpoint 2
Toluene
85,000
7
7
<0.50
<0.0034
---
Endpoint 3
Tributyltin
0.0014
7
7
<0.0026
<1.7E-5
---
Endpoint 3
Objectives for Protection of Human Health – Carcinogens
1,1,2,2-Tetrachloroethane
2.3
7
7
<0.68
<0.0045
---
Endpoint 3
1.1,2-Trichloroethane
9.4
7
7
<0.14
<0.00094
---
Endpoint 3
1,1-Dichloroethylene
0.9
7
7
<0.089
<0.00060
---
Endpoint 3
1,2-Dichloroethane
28
7
7
<0.15
<0.0010
---
Endpoint 3
1,2-Diphenythydrazine
0.16
7
7
<0.90
<0.0060
---
Endpoint 3
App. 297
Most
Stringent
WQO (μg/L)
No. of
Samples
No. of
Non-Detects
Max Effluent
Concentration
(μg/L)
Max Effluent
Concentration
After Mixing (μg/L)
Projected
95th Percentile
(μg/L)
Result
1,3-Dichloropropylene
8.9
7
7
<0.24
<0.0016
---
Endpoint 3
1,4-Dichlorobenzene
18
7
7
<1.0
<0.0067
---
Endpoint 3
[F-22] TCDD Equivalents
3.9E-9
7
7
<2.6E-8
<1.7E-10
---
Endpoint 3
2,4,6-Trichlorophenol
0.29
7
7
<1.0
<0.0067
---
Endpoint 3
2,4-Dinitrotoluene
2.6
7
7
<0.96
<0.0064
---
Endpoint 3
3,3’-Dichlorobenzidine
0.0081
7
7
<5.0
<0.034
---
Endpoint 3
Acrylonitrile
0.10
7
7
<0.80
<0.0054
---
Endpoint 3
Aldrin
2.2E-5
7
7
<0.00075
<5.0E-6
---
Endpoint 3
Benzene
5.9
7
7
<0.20
<0.0013
---
Endpoint 3
Bcnzidine
6.9E-5
7
7
<5.0
<0.034
---
Endpoint 3
Beryllium
0.033
82
82
<0.50
<0.0034
---
Endpoint 2
Bis(2-Chloroethyl)Ether
0.045
7
7
<0.95
<0.0064
---
Endpoint 3
Bis(2-Ethylhexyl)Phthalate
3.5
7
2
3.3
0.022
---
Endpoint 3
Carbon Tetrachloride
0.90
7
7
<0.19
<0.0013
---
Endpoint 3
Chlordane
2.3E-5
7
7
<0.018
<0.00012
---
Endpoint 3
Chlorodibromomethane
8.6
7
7
<0.13
<0.00089
---
Endpoint 3
Chloroform
130
7
3
3.7
0.025
---
Endpoint 2
DDT (total)
0.00017
7
7
<2.1
<0.014
---
Endpoint 3
Dichlorobromomethane
6.2
7
7
<0.50
<0.0034
---
Endpoint 3
Dichloromethane
450
7
7
<0.50
<0.0034
---
Endpoint 3
Dieldrin
4.0E-5
7
7
<0.0013
<8.9E-6
---
Endpoint 3
Halomethanes
130
7
7
<0.69
<0.0046
---
Endpoint 3
Heptachlor
5E-5
7
7
<0.0013
<9.0E-6
---
Endpoint 3
Heptachlor Epoxide
2E-5
7
7
<0.00056
<3.8E-6
---
Endpoint 3
Hexachlorobenzene
0.00021
7
7
<0.91
<0.0061
---
Endpoint 3
Table 1 Pollutant
App. 298
Most
Stringent
WQO (μg/L)
No. of
Samples
No. of
Non-Detects
Max Effluent
Concentration
(μg/L)
Max Effluent
Concentration
After Mixing (μg/L)
Projected
95th Percentile
(μg/L)
Result
Hexachlorobutadiene
14
7
7
<0.92
<0.0062
---
Endpoint 3
Hexachloroethane
2.5
7
7
<0.94
<0.0063
---
Endpoint 3
Isophorone
730
7
7
<0.93
<0.0062
---
Endpoint 3
N-Nitrosodimethylamine
7.3
7
7
<0.88
<0.0059
---
Endpoint 3
N-Nitrosodi-n-Propylamine
0.38
7
7
<0.97
<0.0065
---
Endpoint 3
N-Nitrosodiphenylaminc
2.5
7
7
<0.83
<0.0056
---
Endpoint 3
PAHs (total)
0.0088
6
6
<1.2
<0.0081
---
Endpoint 3
PCBs
1.9E-5
7
7
<0.40
<0.0027
---
Endpoint 3
2.0
7
7
<0.14
<0.0010
---
Endpoint 3
0.00021
7
7
<0.058
<0.00039
---
Endpoint 3
Trichloroethylenc
27
7
7
<0.38
<0.0025
---
Endpoint 3
Vinyl Chloride
36
7
7
<0.66
<0.0044
---
Endpoint 3
Table 1 Pollutant
Tetrachloroethylene
Toxaphene
Abbreviations:
WQO
= water quality objective
μg/L
= micrograms per liter
TUc
= chronic toxicity units
Footnotes:
[1]
The previous order did not require acute toxicity monitoring.
[2]
The previous order did not require monitoring for radioactivity.
[3]
Chlorine is not added for disinfection, and the previous order did not require monitoring for residual chlorine.
[4]
The previous order did not require monitoring for chromium (III); however, the maximum detected concentration of
total chromium (8.1 μ/L) is less than the water quality objective for chromium (III) of 190.0001 μg/L.
App. 299
Table F-10. Reasonable Potential Analysis No. 2 – Westside Recycled Water Project Conditions
Table 1 Pollutant
Most
Stringent
WQO (μg/L)
No. of
Samples
No. of
Non-Detects
Max Effluent
Concentration
(μg/L)
Max Effluent
Concentration
After Mixing (μg/L)
Projected
95th Percentile
(μg/L)
Result
Objectives for Protection of Marine Aquatic Life
Ammonia (as nitrogen)
600
9
0
81,000
550
600
Endpoint 2
Arsenic
8
83
83
<3.0
<3.0
---
Endpoint 2
Cadmium
1
83
76
1.8
0.012
---
Endpoint 2
Chlorinated Phenolics
1
7
7
<9.0
<0.060
---
Endpoint 3
Chromium (VI)
2
81
76
12
0.082
---
Endpoint 2
Acute Toxicity[1]
Chronic Toxicity[2]
Not applicable
1 TUc
28
0
220 TUc
1.5 TUc
1.6 TUc
Endpoint 1
Copper
3
83
0
39
2.2
2.2
Endpoint 2
Cyanide
1
28
25
12
0.082
---
Endpoint 3
Endosulfan (total)
0.009
7
7
<0.0093
<6.2E-5
---
Endpoint 3
Endrin
0.002
7
7
<0.0042
<2.8E-5
---
Endpoint 3
HCH
0.004
7
7
<0.0039
<2.6E-5
---
Endpoint 3
Lead
2
83
26
2.4
0.016
0.012
Endpoint 2
Mercury
0.04
83
1
0.11
0.0012
0.000074
Endpoint 2
Nickel
5
83
0
41
0.27
0.050
Endpoint 2
30
7
6
1.8
0.012
---
Endpoint 3
Non-chlorinated Phenolics
[3]
Radioactivity
Not applicable
Selenium
15
83
83
<3.0
<0.020
---
Endpoint 2
Silver
0.7
83
82
0.60
0.16
---
Endpoint 2
Total Chlorine Residual[4]
Zinc
Not applicable
20
83
0
150
8.9
8.5
Endpoint 2
7
<0.35
<0.0024
---
Endpoint 3
Objectives for Protection of Human Health – Noncarcinogens
1,1,1-Trichloroethane
540,000
7
App. 300
Table 1 Pollutant
Most
Stringent
WQO (μg/L)
No. of
Samples
No. of
Non-Detects
Max Effluent
Concentration
(μg/L)
Max Effluent
Concentration
After Mixing (μg/L)
Projected
95th Percentile
(μg/L)
Result
2,4-Dinitrophenol
4.0
7
7
<1.4
<0.0091
---
Endpoint 3
2-Methyl-4,6-Dinitrophenol
220
7
7
<2.3
<0.016
---
Endpoint 3
Acrolein
220
7
7
<3.0
<0.020
---
Endpoint 3
Antimony
1,200
82
74
4.1
0.028
---
Endpoint 2
Bis(2-Chloroethoxy)Methane
4.4
7
7
<1.4
<0.0094
---
Endpoint 3
Bis(2-Chloroisopropyl)Ether
1,200
7
7
<1.2
<0.0082
---
Endpoint 3
Chlorobenzene
570
7
7
<0.37
<0.0025
---
Endpoint 3
Chromium (III)[5]
Not applicable
Dichlorobenzenes
5,100
7
7
<4.5
<0.030
---
Endpoint 3
Diethyl Phthalate
33,000
7
7
<1.3
<0.087
---
Endpoint 3
Dimethyl Phthalate
820,000
7
7
<1.5
<0.0098
---
Endpoint 3
Di-n-Butyl Phthalate
3,500
7
7
<1.4
<0.0092
---
Endpoint 3
Ethylbenzene
4,100
7
7
<1.5
<0.010
---
Endpoint 3
Fluoranthene
15
8
8
<0.82
<0.0055
---
Endpoint 3
Hexachlorocyclopentadiene
58
7
7
<1,4
<0.0092
---
Endpoint 3
Nitrobenzene
4.9
7
7
<1.4
<0.0096
---
Endpoint 3
Thallium
2
82
82
<1.5
<0.010
---
Endpoint 2
Toluene
85,000
7
7
<0.42
<0.0028
---
Endpoint 3
Tributyltin
0.0014
7
7
<0.0039
<2.6E-5
---
Endpoint 3
Objectives for Protection of Human Health –Carcinogens
1,1,2,2-Tetrachloroethane
2.3
7
7
<1.0
<0.0068
---
Endpoint 3
1,1,2-Trichlornethane
9.4
7
7
<0.21
<0.0014
---
Endpoint 3
1,1-Dichloroethylene
0.9
7
7
<0.13
<0.00090
---
Endpoint 3
1,2-Dichloroethane
28
7
7
<0.22
<0.0015
---
Endpoint 3
[F-24] 1,2-Diphenylhydrazine
0.16
7
7
<1.4
<0.0091
---
Endpoint 3
App. 301
Table 1 Pollutant
Most
Stringent
WQO (μg/L)
No. of
Samples
No. of
Non-Detects
Max Effluent
Concentration
(μg/L)
Max Effluent
Concentration
After Mixing (μg/L)
Projected
95th Percentile
(μg/L)
Result
1,3-Dichloropropylene
8.9
7
7
<0.36
<0.0024
---
Endpoint 3
1,4-Dichlorobenzene
18
7
7
<1.5
<0.010
---
Endpoint 3
TCDD Equivalents
3.9E-9
7
7
<0.95E-8
<6.4E-11
---
Endpoint 2
2,4,6-Trichlorophenol
0.29
7
7
<1.5
<0.010
---
Endpoint 3
2,4-Dinitrotoluene
2.6
7
7
<1.4
<0.0097
---
Endpoint 3
3,3'-Diehlorobenzidine
0.0081
7
7
<7.5
<0.050
---
Endpoint 3
Acrylonitrile
0.10
7
7
<1.2
<0.0081
---
Endpoint 3
Aldrin
2.2E-5
7
7
<0.0011
<7.6E-6
---
Endpoint 3
Benzene
5.9
7
7
<0.30
<0.0020
---
Endpoint 3
Benzidine
6.9E-5
7
7
<7.5
<0.050
---
Endpoint 3
Beryllium
0.033
82
82
<0.75
<0.0050
---
Endpoint 2
Bis(2-Chloroethyl)Ether
0.045
7
7
<1.4
<0.0096
---
Endpoint 3
Bis(2-Ethylhexyl)Phthalate
3.5
7
2
5.0
0.034
---
Endpoint 3
Carbon Tetrachloride
0.90
7
7
<0.29
<0.0020
---
Endpoint 3
Chlordane[1,3]
2.3E-5
7
7
<0.027
<0.00018
---
Endpoint 3
Chlorodibromomethane
8.6
7
7
<0.20
<0.0013
---
Endpoint 3
Chloroform
130
7
3
5.6
0.038
---
Endpoint 2
DDT (total)
0.00017
7
7
<3.12
<0.021
---
Endpoint 3
Dichlorobromomethane
6.2
7
7
<0.26
<0.0018
---
Endpoint 3
Dichloromethane
450
7
7
<0.75
<0.0050
---
Endpoint 3
0.00004
7
7
<0.0020
<1.3E-5
---
Endpoint 3
130
7
7
<1.0
<0.0070
---
Endpoint 3
Heptachlor
0.00005
7
7
<0.0013
<1.3E-5
---
Endpoint 3
Heptachlor Epoxide
0.00002
7
7
<0.00084
<5.6E-6
---
Endpoint 3
Hexachlorobenzene
0.00021
7
7
<1.4
<0.0092
---
Endpoint 3
Dieldrin
Halomethanes
App. 302
Table 1 Pollutant
Most
Stringent
WQO (μg/L)
No. of
Samples
No. of
Non-Detects
Max Effluent
Concentration
(μg/L)
Max Effluent
Concentration
After Mixing (μg/L)
Projected
95th Percentile
(μg/L)
Result
Hexachlorobutadiene
14
7
7
<1.4
<0.0093
---
Endpoint 3
Hexachloroethane
2.5
7
7
<1.4
<0.0095
---
Endpoint 3
Isophorone
730
7
7
<1.4
<0.0094
---
Endpoint 3
N-Nitrosodimethylamine
7.3
7
7
<1.3
<0.0089
---
Endpoint 3
N-Nitrosodi-n-Propylamine
0.38
7
7
<1.5
<0.0098
---
Endpoint 3
N-Nitrosodiphenylamine
2.5
7
7
<1.2
<0.0084
---
Endpoint 3
PAHs (total)
0.0088
6
6
<1.8
<0.012
---
Endpoint 3
PCBs
1.9E-5
7
7
<0.59
<0.0040
---
Endpoint 3
2.0
7
7
<0.21
<0.0014
---
Endpoint 3
0.00021
7
7
<0.087
<0.00058
---
Endpoint 3
Triehloroethylene
27
7
7
<0.57
<0.0038
---
Endpoint 3
Vinyl Chloride
36
7
7
<0.98
<0.0066
---
Endpoint 3
Tetrachloroethylene
Toxaphene
Abbreviations:
WQO
= water quality objective
μg/L
= micrograms per liter
Footnotes:
[1]
The previous order did not require monitoring for acute toxicity.
[2]
The projection is particularly uncertain because chronic toxicity may occur as a result of various pollutants within the
effluent and their toxic effects may not be linearly related to discharge concentrations.
[3]
The previous order did not require monitoring for radioactivity.
[4]
The previous order did not require monitoring for total residual chlorine.
[5]
The previous order did not require monitoring for chromium (III); however, the maximum projected concentration of
total chromium (12 μg/L) is less than the water quality objective for chromium (III) of 190,000 μg/L.
App. 303
[F-25] 5.
WQBELs
a.
Dry Weather. For dry weather discharges from Discharge Point No.
001, the Ocean Plan calls for chronic
toxicity WQBELs based on “toxic
units” derived from multi-concentration toxicity tests. This Order introduces an updated approach. In 2010,
U.S. EPA published the Test of Significant Toxicity (TST) statistical
approach in National Pollutant Discharge Elimination System Test of
Significant Toxicity Implementation
Document (EPA 833-R-10-003, 2010).
The TST statistical approach relies
on the same U.S. EPA toxicity test
methods. For example, section 9.4.1.2
of Short-term Methods for Estimating the Chronic Toxicity of Effluents
and Receiving Waters to West Coast
Marine and Estuarine Organisms
(EPA/600/R-95/0136, 1995) states, “the
statistical methods recommended in
this manual are not the only possible
methods of statistical analysis.”
To comply with the chronic toxicity
WQBEL, effluent must “Pass” a single chronic toxicity test conducted at
the IWC as defined in MRP section
V.A.2 using the Test of Significant
Toxicity (TST) statistical approach
(Welch’s t-test). The test result must
reject the following null hypothesis:
App. 304
H0: mean discharge IWC response
≤0.75 x mean control response.
In other words, the mean chronic toxicity response for a test sample must
be statistically determined to be less
than or equal to 75 percent of the response for a control sample. The 75
percent response level reflects a regulatory management decision intended to ensure that differences
observed between test sample responses and control sample responses are meaningful. A test result
that fails to reject the null hypothesis
would not comply with the chronic
toxicity WQBEL.
The chronic toxicity WQBEL is expressed as a single-sample maximum. For publicly-owned treatment
works, 40 C.F.R. section 122.45(d) requires monthly and weekly effluent
limitations unless impracticable. In
this case, the single-sample WQBEL
is necessary to protect against shortterm effects. Limits expressed with
monthly or weekly averaging periods
could allow chronic toxicity to occur
over shorter periods. This approach
is comparable to that of the Ocean
Plan, which calls for a daily maximum chronic toxicity limit. Singlesample and maximum daily chronic
toxicity limits are comparable because chronic toxicity tests can take
App. 305
several days to complete, depending
on the test species used. U.S. EPA
recommends this approach in EPA
Regions 8, 9 and 10 Toxicity Training
Tool (January 2010).
b.
Wet Weather. For wet weather discharges from Discharge Point No.
001 and the combined sewer discharge points, the Long-Term Control Plan required pursuant to the
Combined Sewer Overflow (CSO)
Control Policy and described in Provision VI.C.5.c of the Order serves as
narrative WQBELs.
D. Discharge Requirement Considerations
1.
Anti-Backsliding. This Order complies
with the anti-backsliding provisions of
CWA sections 402(o) and 303(d)(4) and 40
C.F.R. section 122.44(l), which generally
require [F-26] effluent limitations in a reissued permit to be as stringent as those
in the previous permit. The requirements
of this Order are at least as stringent as
those in the previous order, with the exception of mercury. This Order does not
contain dry weather mercury effluent
limitations because there is no longer
reasonable potential to exceed water
quality objectives based on mercury effluent data. Removing the mercury
WQBELs is consistent with State Water
Board Order No. WQ 2001-16. Consistent
with State Water Board Order No. WQ
App. 306
2001-06, reliance on the TST statistical
approach to evaluate chronic toxicity for dry
weather discharges from the Oceanside
Water Pollution Control Plant is not
backsliding because this Order’s effluent
limitation is not comparable to the effluent limitation in the previous order.
2.
Antidegradation. This Order complies
with the antidegradation provisions of 40
C.F.R. section 131.12 and State Water
Board Resolution No. 68-16. It continues
the status quo with respect to the level of
discharge authorized in the previous order, which was adopted in accordance
with antidegradation policies, and thus
serves as the baseline by which to measure whether degradation will occur. This
Order does not allow for a flow increase
or a reduced level of treatment. The only
potentially less stringent effluent limitation is the chronic toxicity WQBEL after
Westside Recycled Water Project operations commence. The Westside Recycled
Water Project is expected to concentrate,
but not increase, existing pollutant loads;
therefore, it will not degrade Pacific
Ocean water quality.
3.
Stringency of Requirements for Individual Pollutants. This Order contains
both technology-based and water qualitybased effluent limitations. This Order’s
technology-based requirements implement minimum, applicable federal technology-based requirements. This Order
App. 307
also contains more stringent effluent limitations as necessary to meet water quality standards. These limitations are no
more stringent than the CWA requires.
This Order’s WQBELs have been derived
to implement water quality objectives
that protect beneficial uses. The beneficial uses and water quality objectives set
forth in the Ocean Plan and Basin Plan
have been approved pursuant to federal
law and are federal water quality standards. U.S. EPA approved the Ocean Plan
on February 14, 2006, and also approved
subsequent amendments. Most Basin
Plan beneficial uses and water quality objectives were approved under State law
and submitted to and approved by U.S.
EPA prior to May 30, 2000. Beneficial
uses and water quality objectives submitted to U.S. EPA prior to May 30, 2000, but
not approved by U.S. EPA before that
date, are nonetheless “applicable water
quality standards for purposes of the
CWA” pursuant to 40 C.F.R. section
131.21(c)(1). U.S. EPA approved the remaining beneficial uses and water quality
objectives implemented by this Order so
they are applicable water quality standards pursuant to 40 C.F.R. section
131.21(c)(2).
App. 308
V.
RATIONALE FOR RECEIVING WATER LIMITATIONS
This Order’s receiving water limitations are based
on Ocean Plan chapters II.C, II.D, and II.E, and
State Water Board Order No. WQ 79-16. These
limits are necessary to ensure compliance with applicable water quality standards in accordance
with the CWA and regulations adopted thereunder.
[F-27] VI. RATIONALE FOR PROVISIONS
A. Standard Provisions
Attachment D contains standard provisions
that apply to all NPDES permits in accordance with 40 C.F.R. section 122.41 and additional conditions applicable to specific
categories of permits in accordance with 40
C.F.R. section 122.42. The Discharger must
comply with these provisions.
In accordance with 40 C.F.R. section
123.25(a)(12), permits may impose more
stringent requirements. Attachment G contains standard provisions that supplement
the federal standard provisions in Attachment D.
In addition to federal conditions that address
enforcement authority specified in 40 C.F.R.
sections 122.41(a)(2), 122.41(j)(5), and (k)(2),
this Order incorporates Water Code section
13387(e) by reference.
App. 309
B. Monitoring and Reporting
(MRP) Requirements
Program
CWA section 308 and 40 C.F.R. sections
122.41(h), 122.41(j)-(l), 122.44(i), and 122.48
require that NPDES permits specify monitoring and reporting requirements. Water Code
sections 13267 and 13383 also authorize the
Regional Water Board to establish monitoring, inspection, entry, reporting, and recordkeeping requirements. The Monitoring and
Reporting Program (Attachment E) of this Order establishes monitoring, reporting, and
recordkeeping requirements that implement
federal and State requirements. For more
background regarding these requirements,
see Fact Sheet section VII.
C. Special Provisions
1.
Reopener Provisions
These provisions are based on 40 C.F.R.
sections 122.62 and 122.63 and allow
modification of this Order and its effluent
limitations as necessary in response to
updated water quality objectives, regulations, or other new and relevant information that may become available in , the
future, and other circumstances as allowed by law. Provision VI.C.1.f is based
on Combined Sewer Overflow (CSO) Control Policy section IV.B.2.g.
App. 310
2.
Effluent Characterization Study and
Report
This Order does not include effluent limitations for Ocean Plan Table 1 pollutants
that do not demonstrate reasonable potential, but this provision requires the
Discharger to evaluate monitoring data
to verify that the reasonable potential
analysis conclusions of this Order remain
valid. This requirement is authorized
pursuant to 40 C.F.R. section 122.41(h)
and Water Code section 13267, and is necessary to inform the next permit reissuance and to [F-28] ensure that the
Discharger takes timely steps in response
to any unanticipated change in effluent
quality during the term of this Order.
3.
Pollutant Minimization Program
This provision is based on Combined
Sewer Overflow (CSO) Control Policy section II.B.7, Basin Plan section 4.13.2,
Ocean Plan chapter III.C.9, State Water
Board Order No. WQ 79-16, and Water
Code section 13263. The provision requires the Discharger to include copper
and zinc as pollutants of concern because
concentrations are often elevated in combined sewer discharges.
4.
Special Provisions for Publicly-Owned
Treatment Works (POTWs)
a.
Sludge and Biosolids Management.
This provision is based on Basin Plan
App. 311
section 4.17. “Sludge” refers to the
solid, semisolid, and liquid residue
removed during primary, secondary,
and advanced wastewater treatment
processes. “Biosolids” refers to sludge
that has been treated and may be
beneficially reused.
b.
Pretreatment Program. This provision is based on 40 C.F.R. part 403.
The Discharger implements a pretreatment program due to the nature
and volume of its industrial influent.
This provision lists the Discharger’s
responsibilities regarding its pretreatment program and requires
compliance with the provisions in Attachment H.
c.
Anaerobically-Digestible Material.
Standard Operating Procedures are
required for dischargers that accept
hauled waste food, fats, oil, and
grease for injection into anaerobic digesters. The development and implementation of Standard Operating
Procedures for management of these
materials is intended to allow the
California Department of Resources
Recycling and Recovery to exempt
operations from separate and redundant permitting programs. If the Discharger does not accept fats, oil, and
grease for resource recovery purposes, it is not required to develop
App. 312
and implement Standard Operating
Procedures.
Some publicly-owned treatment works
choose to accept organic material,
such as waste food, fats, oils, and
grease, into their anaerobic digesters
to increase production of methane
and other biogases for energy production and to prevent such materials from being discharged into the
collection system and potentially
causing sanitary sewer overflows.
The California Department of Resources Recycling and Recovery has
proposed to exclude publicly-owned
treatment works from Process Facility/
Transfer Station permit requirements when the same activities are
regulated under waste discharge requirements or NPDES permits. The
proposed exclusion is restricted to
anaerobically-digestible materials that
have been prescreened, slurried, processed, and conveyed in a closed
system for co-digestion with regular
sewage sludge. The exclusion assumes that the facility has developed
Standard Operating Procedures for
proper handling, processing, tracking, and management.
d.
Separate Sanitary Sewer System. This provision requires compliance with Attachments D and G and
states that these requirements may
App. 313
be satisfied by complying [F-29] with
State Water Board Order No. 20060003-DWQ, Statewide General Waste
Discharge Requirements for Sanitary Sewer Systems, as amended by
State Water Board Order No. WQ
2013-0058-EXEC and any subsequent
order updating these requirements.
These statewide WDRs require public agencies that own or operate sanitary sewer systems with greater
than one mile of sewer lines to enroll
for coverage and comply with requirements to develop sanitary sewer
management plans and report sanitary sewer overflows, among other
provisions and prohibitions. The
statewide WDRs contain requirements for operation and maintenance of collection systems, and for
reporting and mitigating sanitary
sewer overflows, that are more extensive and, therefore, more stringent
than the standard provisions in Attachments D and G.
5.
Combined Sewer System Controls
a.
Nine Minimum Controls. The
Combined Sewer Overflow (CSO)
Control Policy establishes nine minimum controls as the minimum technology-based requirements during
wet weather for combined sewer systems based on 40 C.F.R. section
125.3:
App. 314
•
Conduct Proper Operations and
Maintenance Program
•
Maximize Use of Collection System for Storage
•
Review and Modify Pretreatment Program
•
Maximize Flow to Treatment
Plant
•
Prohibit Dry Weather Combined
Sewer Overflows
•
Control Solid and Floatable Materials in Combined Sewer Discharges
•
Develop and Implement Pollution Prevention Program
•
Notify Public of Combined Sewer
Discharges
•
Monitor to Characterize Combined Sewer Discharge Impacts
and Efficacy of Controls
These nine minimum controls are the
best conventional pollutant control
technology (BCT) and the best available technology economically achievable (BAT). Provision VI.C.5.a of this
Order requires implementation of
these nine minimum controls and is
consistent with U.S. EPA’s guidance
document, Combined Sewer Overflows, Guidance for Nine Minimum
App. 315
Controls (EPA 832-B-95-003, May
1995).
Provision VI.C.5.a.viii(a) contains
specific signage and reporting requirements to inform the public of
the location, occurrence, and possible
health impacts of combined sewer
discharges. The required signage language includes a telephone number
so the public can report dry weather
discharges to help ensure that corrective actions are taken and warning language to reduce public
exposure to potential health risks.
This provision contains requirements to protect the shellfish harvesting beneficial use in the Pacific
Ocean (see Fact Sheet sections
III.C.1 and III.C.2). This provision is
consistent with State Water Board
Order No. 79-16, U.S. EPA’s NPDES
Compendium of Next Generation
Compliance Examples (September
2016), and 40 C.F.R. section 122.38
(Public Notification Requirements for
Combined Sewer Overflows to the
Great Lakes Basin, considered here
as guidance).
[F-30] For sewer overflows from the
combined sewer system, Provision
VI.C.5.a.ii(b) requires the Discharger
to notify and report sewer overflows
from the combined sewer system using the State’s CIWQS database.
App. 316
Water Code sections 13267 and
13383, 40 C.F.R. section 122.41(h),
and the Combined Sewer Overflow
(CSO) Control Policy authorize the
Regional Water Board and U.S. EPA
to require information about releases
of untreated or partially-treated
wastewater. This information is necessary to evaluate combined sewer
system performance, and operations
and maintenance practices; to determine whether any diversions of
untreated or partially-treated wastewater result in a discharge to surface
waters; to satisfy public notification
requirements; to identify whether
the public could be affected; and to
establish whether sewer overflows
from the combined sewer system result in a nuisance as defined by Water Code section 13050.
b.
Documentation of Nine Minimum
Controls. Provision VI.C.5.b is
based on section II.B of the Combined Sewer Overflow (CSO) Control
Policy, which states that Dischargers should submit appropriate
documentation demonstrating implementation of the nine minimum
controls. Consistent with U.S.
EPA’s guidance document, Combined
Sewer Overflows, Guidance for Nine
Minimum Controls (EPA 832-B-95003, May 1995), a community that
has made substantial progress in
App. 317
implementing the nine minimum
controls is still expected to provide
documentation to the permitting
authority to demonstrate how its
program addresses each minimum
control.
c.
Long-Term Control Plan (LTCP).
The Combined Sewer Overflow (CSO)
Control Policy requires implementation of a Long-Term Control Plan
(LTCP) to satisfy water qualitybased requirements during wet
weather. Combined Sewer Overflow
(CSO) Control Policy section IV.B.2.f
specifies that permits should contain
requirements for maximizing the
treatment of wet weather flows, as
appropriate. The operational requirements in Provision VI.C.5.c of this
Order are unchanged from the previous order, except that this Order requires the instantaneous influent
flow rate to the Oceanside Water Pollution Control Plant prior to initiating discharge from the Westside
Transport/Storage Structure to Discharge Point No. 001 to be 60 MGD to
reflect the treatment capacity of the
Oceanside Water Pollution Control
Plant and operational considerations. This provision allows the Discharger to request changes to these
operational parameters to ensure the
Discharger’s LTCP continues to minimize combined sewer discharges
App. 318
and maximize pollutant removal during wet weather. Provision VI.C.5.d
(Task 4) of this Order requires the
Discharger to re-evaluate each operational requirement and propose
additional performance measures
within 24 months of this Order’s effective date to ensure wet weather
operations are optimized based on
current information.
d.
LTCP Update. The Discharger’s report San Francisco Wastewater Long
Term Control Plan Synthesis (March
30, 2018) summarizes the various
documents that comprise the Discharger’s historical planning process
and LTCP. Provision VI.C.5.d requires the Discharger to update its
LTCP with respect to the elements
listed in Combined Sewer Overflow
(CSO) Control Policy section II.C.
Combined Sewer Overflow (CSO)
Control Policy section IV.B describes
the major elements that should be
included in NPDES permits to implement the policy and ensure protection of water quality. This provision
is consistent with U.S. EPA’s guidance document Combined Sewer
Overflows, Guidance [F-31] for LongTerm Control Plan (EPA 832-B-95002, September 1995). This provision
also implements State Water Board
Order No. WQ 79-16, which sets forth
specific conditions to be implemented
App. 319
during wet weather (see Fact Sheet
§ III.C.2.b).
This provision requires the Discharger to update its LTCP for the
following reasons:
•
Combined Sewer Overflow (CSO)
Control Policy section IV.B.2.b
specifies that the permit should
contain narrative requirements
to ensure that selected controls
are implemented, operated, and
maintained as described in the
Discharger’s LTCP.
•
Combined Sewer Overflow (CSO)
Control Policy section IV.B.2.d
specifies that the permit should
contain a requirement to monitor and collect sufficient information to demonstrate compliance
with water quality standards
and protect designated uses, as
well as to determine the effectiveness of combined sewer system controls.
•
Combined Sewer Overflow (CSO)
Control Policy section IV.B.2.e
specifies that the permit should
contain a requirement to reassess combined sewer discharges
to sensitive areas in those cases
where elimination or relocation
was previously found to be not
App. 320
physically possible and economically achievable.
•
Combined Sewer Overflow (CSO)
Control Policy section IV.B.2.f
specifies that the permit should
contain requirements for maximizing the treatment of wet
weather flows at the treatment
plant, as appropriate.
•
State Water Board Order No. WQ
79-16 requires the Discharger to
design, construct, and operate
facilities to the greatest extent
practical to conform to the
standards set forth in chapter II
of the 1978 Ocean Plan, except
for the bacteriological standards
(see Fact Sheet § III.C.2.b).
•
State Water Board Order No.
WQ 79-16 requires the Discharger to design, construct, and
operate facilities to the greatest
extent practical to comply with
the conditions controlled by the
requirements set forth in chapter III, sections A and B, of the
1978 Ocean Plan (see Fact Sheet
§ III.C.2.b).
•
An updated LTCP is necessary to
document that the Discharger’s
LTCP is based on the most current information to assess whether
water quality standards are being
App. 321
met and that wet weather discharges are not causing unreasonable degradation of the
marine environment (40 C.F.R. §
125.122).
6.
Westside Recycled Water Project Operations Notification
The effluent limitations and specifications in this Order are based on information available during the permit
reissuance process. Assumptions regarding how effluent quality could change after commencement of Westside Recycled
Water Project operations were based on
information the Discharger provided
prior to completion of project planning
and construction. This provision is necessary to evaluate whether the assumptions made during the permitting process
remain valid and to ensure that the permit continues to be protective of water
quality standards. Moreover, because
some requirements of this Order are contingent [F-32] upon Westside Recycled
Water Project operations, notification is
necessary for the Regional Water Board
and U.S. EPA to know when such requirements apply.
7.
Flame Retardant Special Study
This special study is necessary to evaluate the potential impacts of flame retardants (i.e., polybrominated diphenyl ethers
and chlorinated organophosphate flame
App. 322
retardants) in receiving waters. During
U.S. EPA consultation with the National
Marine Fisheries Service pursuant to the
Endangered Species Act and MagnusonStevens Act, the National Marine Fisheries Service expressed concern about the
presence of flame retardants in plant effluent and flame retardant mass loadings
to the Pacific Ocean because organophosphates have been widely detected in San
Francisco Bay water, sediment, and aquatic
life tissue, and because polybrominated
diphenyl ether (PBDE) and tris(1,3dichloro-2-propyl)phosphate (TDCP) concentrations in San Francisco Bay water
have regularly exceeded predicted no effect concentrations for marine settings
(U.S. EPA Biological Evaluation, April
2019). This special study is consistent
with other NPDES permits that authorize discharge to the Pacific Ocean.
8.
Efficacy of Combined Sewer System
Controls Special Study
This special study is necessary to characterize the quality of the combined sewer
discharges and the efficacy of the combined sewer system controls during wet
weather. It is based on the Combined
Sewer Overflow (CSO) Control Policy,
which requires “a post-construction water
quality monitoring program adequate to
verify compliance with water quality
standards and protection of designated
App. 323
uses as well as to ascertain the effectiveness of CSO controls.”
VII. RATIONALE FOR MONITORING AND REPORTING REQUIREMENTS
CWA section 308 and 40 C.F.R. sections 122.41(h),
122.41(j)-(l), 122.44(i), and 122.48 require that all
NPDES permits specify monitoring and reporting
requirements. Water Code sections 13267 and
13383 also authorize the Regional Water Board to
establish monitoring, inspection, entry, reporting,
and recordkeeping requirements. The Combined
Sewer Overflow (CSO) Control Policy requires
monitoring to ascertain the effectiveness of controls and to verify compliance with water quality
standards and protection of beneficial uses. The
Monitoring and Reporting Program (MRP) in Attachment E of this Order establishes monitoring,
reporting, and recordkeeping requirements that
implement federal and State requirements. Specified monitoring frequencies take into account the
quantity and variability of the discharge, past
compliance, significance of pollutants, and cost of
monitoring. The following provides the rationale
for the monitoring and reporting requirements
contained in the MRP.
A. Influent Monitoring. Influent flow monitoring is necessary to understand Facility operations and to evaluate compliance with
Discharge Prohibition III.D. Influent CBOD5
and TSS monitoring is necessary to evaluate
compliance with this Order’s 85 percent removal requirement. Influent monitoring is
App. 324
also necessary to identify wet weather days,
as defined in Attachment A.
[F-33] B. Effluent Monitoring. Dry weather monitoring is necessary to evaluate compliance with
this Order’s effluent limitations and to provide data for future reasonable potential analyses. Wet weather monitoring is necessary to
characterize the efficacy of combined sewer
system controls and assess receiving water
impacts. Effluent flow monitoring is necessary
to understand Facility operations and to assess impacts to receiving waters.
C. Toxicity Testing. Dry weather effluent
chronic toxicity monitoring is necessary to
evaluate compliance with this Order’s chronic
toxicity effluent limitation and to provide data
for future reasonable potential analyses. Routine and accelerated chronic toxicity monitoring frequencies and Toxicity Reduction
Evaluation requirements are based on the implementation provisions in Ocean Plan chapter III.C and the standard monitoring
procedures guidance in section 7.1 of Ocean
Plan Appendix III.
A tiered approach to determine the required
effluent concentration in test samples removes impediments for the Discharger to construct and operate the Westside Recycled
Water Project. When recycled water production exceeds 1.0 MGD, toxicity test samples
are to contain an effluent concentration based
on the dilution at Discharge Point No. 001 as
modeled using observed ocean currents. This
flexibility accounts for potential increases in
App. 325
pollutant concentrations as recycled water is
removed from the discharge.
D. Receiving Water Monitoring. Receiving
water monitoring is necessary to characterize
the effects of the discharges authorized in this
Order on the receiving water and species
listed under the California Endangered Species Act or federal Endangered Species Act.
The requirements are based on the monitoring guidance in Appendix III of the Ocean
Plan. The MRP requires the Discharger to
continue its Southwest Ocean Outfall Regional Monitoring Program to collect data on
chemical and physical sediment quality,
benthic infauna community structure, and
physical anomalies and bioaccumulation of
contaminants in organism tissues.
The MRP requires shoreline monitoring following combined sewer discharge events at
beach locations where water contact recreation takes place. This monitoring is necessary
to assess the possible effects of combined
sewer discharges on the water contact recreation beneficial use and to establish when public notification is required pursuant to
Provision VI.C.5.a.viii of this Order. The bacteria indicators, Enterococcus and fecal coliform, are consistent with the revised bacteria
provisions approved by U.S. EPA on March 22,
2019. An additional bacteria indicator, total
coliform, is required for shoreline monitoring
following combined sewer discharges because
monitoring for total coliform is consistent
with the indicators identified by the California Department of Public Health.
App. 326
The MRP no longer requires the Discharger to
collect data on demersal fish and epibenthic
invertebrate community structure because
trawl sampling does not provide data that are
useful in determining discharge effects
(Southwest Ocean Outfall Regional Monitoring Program 19972012 Summary Report,
April 2014). The MRP also no longer includes
12 offshore receiving water monitoring locations. Seven discontinued locations (Stations
73, 74, 75, 76, 77, 78, and 79) were part of a
special study conducted from 2002 through
2016; the Discharger demonstrated that these
locations are not significantly different from
other reference monitoring locations (A Review of Benthic Macrofaunal Assemblage and
Sediment Conditions in the Reef-Effect Region
of the SWOO-RMP, August 2018). Sediment
and infaunal sampling at the other [F-34] five
discontinued locations (Stations 41, 42, 44, 46,
49) has historically provided very little information because of their location in a unique,
high energy environment with little to no fine
sediment or animals (Pang, Jennie, email
communication, December 14, 2018).
E. Pretreatment and Biosolids Monitoring.
The pretreatment and biosolids monitoring
requirements for influent, effluent, and biosolids are necessary to evaluate compliance with
the Discharger’s U.S. EPA-approved pretreatment program. Biosolids monitoring is also required pursuant to 40 C.F.R. part 503.
F.
Other Monitoring Requirements. Pursuant to CWA section 308, U.S. EPA requires
dischargers to participate in a Discharge
App. 327
Monitoring Report-Quality Assurance (DMRQA) Study Program. The program annually
evaluates the analytical abilities of laboratories that perform or support NPDES permitrequired monitoring. The program applies to
discharger laboratories and contract laboratories. There are two options to comply: (1) dischargers can obtain and analyze DMR-QA
samples, or (2) pursuant to a waiver U.S. EPA
issued to the State Water Board, dischargers
can submit results from the most recent Water Pollution Performance Evaluation Study.
Dischargers must submit results annually to
the State Water Board, which then forwards
the results to U.S. EPA.
Recycled water monitoring and reporting requirements are required to be incorporated
into this Order by State Water Board Order
No. WQ 2019-0037-EXEC (Amending Monitoring and Reporting Programs for Waste Discharge Requirements, NPDES Permits, Water
Reclamation Requirements, Master Recycling
Permits, and General Waste Discharge Requirements) issued on July 24, 2019, pursuant
to Water Code sections 13267 and 13383.
VIII. PUBLIC PARTICIPATION
The Regional Water Board and U.S. EPA considered the issuance of WDRs and an NPDES permit
for the Facility. As a step this process, U.S. EPA
and Regional Water Board staff developed a tentative order and encouraged public participation in
the reissuance process.
A. Notification of Interested Parties. The Regional Water Board and U.S. EPA notified the
App. 328
Discharger and interested agencies and persons of their intent to adopt an order reissuing
the NPDES permit for the Discharger’s discharges and provided an opportunity to submit written comments and recommendations.
Notification was provided through the San
Francisco Chronicle and http://www.epa.gov/
region9/water/npdes/pubnotices.html. The
public had access to the Regional Water Board
agenda and any changes in dates and locations through the Regional Water Board’s
website at http://www.waterboards.ca.gov/
sanfranciscobay and U.S. EPA’s website at
http://www.epa.gov/region9/water/npdes/pub
notices.html.
B. Written Comments. Interested persons were
invited to submit written comments concerning
the tentative order as explained through the notification process. Comments to the Regional
Water Board and U.S. EPA were to be submitted either in person or by mail to the U.S. EPA
NPDES Permits Office (WTR 2-3) at 75 Hawthorne Street, San Francisco, California 94105,
to the attention of Becky Mitschele, and to the
Regional Water Board office at 1515 Clay
Street, Suite 1400, Oakland, California 94612,
to the attention of Jessica Watkins. [F-35] For
full staff response and Regional Water Board
and U.S. EPA consideration, the written comments were due by 5:00 p.m. on May 20, 2019.
C. Public Hearing. The Regional Water Board
held a public hearing on the tentative order
during its regular meeting at the following
date and time, and at the following location:
App. 329
Date:
Wednesday, September 11, 2019
Time:
9:00 a.m.
Location: Elihu Harris State Office Building
1515 Clay Street,
1st Floor Auditorium
Oakland, CA 94612
Contact:
Jessica Watkins, (510) 622-2349,
jessica.watkins@waterboards.ca.gov
Interested persons were invited to attend. At
the public hearing, the Regional Water Board
heard testimony pertinent to the discharge,
WDRs, and permit. For accuracy of the record,
important testimony was requested to be in
writing.
Dates and venues change. The Regional Water
Board web address is http://www.waterboards.
ca.gov/sanfranciscobay, where one could access the current agenda for changes in dates
and locations.
D. Reconsideration of Waste Discharge Requirements. Any aggrieved person may petition the State Water Board to review the
Regional Water Board decision regarding the
final WDRs. The State Water Board must receive the petition at the following address
within 30 calendar days of the Regional Water
Board’s action:
State Water Resources Control Board
Office of Chief Counsel
P.O. Box 100, 1001 I Street
Sacramento, CA 95812-0100
App. 330
For instructions on how to file a petition for
review, see http://www.waterboards.ca.gov/public_
notices/petitions/water_quality/wqpetition_instr.
shtml.
E. Federal NPDES Permit Appeals. When
U.S. EPA issues a final NPDES permit, it becomes effective on its effective date unless a
request for review is filed. If a request for review is filed, only those permit conditions that
are uncontested go into effect pending disposition of the request for review. Requests for
review must be filed within 33 days following
the date the final permit is mailed and must
meet the requirements of 40 C.F.R. section
124.19. Requests for review should be addressed to the Environmental Appeals Board
and sent through the U.S. Postal Service addressed to the Environmental Appeals
Board’s mailing address:
U.S. Environmental Protection Agency
Clerk of the Board
Environmental Appeals Board (MC 1103B)
Ariel Rios Building
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460-0001
[F-36] Alternatively, filings delivered by
hand or courier, including Federal Express,
UPS, and U.S. Postal Express Mail, should be
directed to the following address:
Environmental Appeals Board
U.S. Environmental Protection Agency
Colorado Building
1341 G Street, N.W., Suite 600
Washington, D.C. 20460
App. 331
Persons filing a request for review must have
filed written comments on the draft permit.
Otherwise, any such request for review may
be filed only to the extent that the request pertains to changes from the draft to the final
permit decision.
F.
Information and Copying. The Report of
Waste Discharge, related supporting documents, and comments received are on file and
may be inspected at the Regional Water Board
office at 1515 Clay Street, Suite 1400, Oakland, California at any time between 8:00 a.m.
and 5:00 p.m. (except noon to 1:00 p.m.), Monday through Friday, and at the U.S. EPA Region IX office at 75 Hawthorne Street, San
Francisco, California at any time between
9:00 a.m. and 5:00 p.m., Monday through Friday. Copying of documents may be arranged
by calling the Regional Water Board at (510)
622-2300 or U.S. EPA at (415) 972-3524.
G. Register of Interested Persons. Any person interested in being placed on the mailing
list for information regarding the WDRs and
NPDES permit should contact the Regional
Water Board and U.S. EPA, reference this Facility, and provide a name, address, and phone
number.
H. Additional Information. Requests for additional information or questions regarding this
Order should be directed to Jessica Watkins
at (510) 622-2349 or jessica.watkins@water
boards.ca.gov, or Becky Mitschele at (415)
972-3492 or mitschele.becky@epa.gov.
App. 332
ATTACHMENT G
REGIONAL STANDARD PROVISIONS, AND
MONITORING AND REPORTING REQUIREMENTS
(SUPPLEMENT TO ATTACHMENT D)
November 2017
[i] Contents
I.
STANDARD PROVISIONS – PERMIT
COMPLIANCE ...........................................
A. Duty to Comply.....................................
B. Need to Halt or Reduce Activity Not a
Defense...............................................
C. Duty to Mitigate .................................
1. Contingency Plan .........................
G-1
G-1
G-I
G-1
G-1
2. Spill Prevention Plan ................... G-2
D. Proper Operation and Maintenance .... G-2
1. Operation and Maintenance Manual ................................................. G-2
2. Wastewater Facilities Status Report ............................................... G-2
3. Proper Supervision and Operation
of Publicly-Owned Treatment
Works (POTWs) ............................ G-2
E. Property Rights ....................................
F. Inspection and Entry ............................
G. Bypass ...............................................
H. Upset .................................................
I. Other .....................................................
G-2
G-2
G-2
G-2
G-2
App. 333
II.
III.
STANDARD PROVISIONS – PERMIT
ACTION ......................................................
STANDARD PROVISIONS – MONITORING ..............................................................
A. Sampling and Analyses ........................
1. Certified Laboratories ..................
G-3
G-3
G-3
G-3
2. Minimum Levels ........................... G-3
3. Monitoring Frequency .................. G-3
B. Standard Observations ........................ G-5
1. Receiving Water Observations ..... G-5
2. Wastewater Effluent Observations .............................................. G-6
3. Beach and Shoreline Observations .............................................. G-6
4. Waste Treatment and/or Disposal
Facility Periphery Observations ... G-6
IV.
STANDARD PROVISIONS – RECORDS ..
A. Records to be Maintained ..................
B. Records of Monitoring .......................
1. Analytical Information .................
G-6
G-6
G-6
G-6
2. Disinfection Process ..................... G-7
3. Wastewater Treatment Process
Solids ............................................ G-7
4. Treatment Process Bypasses ........ G-7
5. Treatment Facility Overflows ...... G-7
V.
C. Claims of Confidentiality .................... G-7
STANDARD PROVISIONS – REPORTING .............................................................. G-8
App. 334
A. Duty to Provide Information .............
B. Signatory and Certification Requirements .................................................
C. Monitoring Reports ...........................
1. Self-Monitoring Reports ................
G-8
G-8
G-8
G-8
D. Compliance Schedules ........................ G-11
E. Twenty-Four Hour Reporting .............. G-11
1. Oil or Other Hazardous Material
Spills ............................................. G-11
2. Unauthorized Municipal Wastewater
Treatment Plant Discharges .......... G-12
F. Planned Changes ............................... G-13
G. Anticipated Noncompliance .............. G-13
H. Other Noncompliance ........................ G-13
I. Other Information ............................. G-13
VI. STANDARD PROVISION – ENFORCEMENT .......................................................... G-13
[ii] VII. ADDITIONAL PROVISIONS – NOTIFICATION LEVELS ................................ G-13
VIII. DEFINITIONS ........................................ G-13
[G-1] REGIONAL STANDARD PROVISIONS,
AND MONITORING AND REPORTING
REQUIREMENTS
APPLICABILITY
This document supplements the requirements of Federal Standard Provisions (Attachment D). For clarity,
App. 335
these provisions are arranged using to the same headings as those used in Attachment D.
I.
STANDARD PROVISIONS – PERMIT COMPLIANCE
A. Duty to Comply – Not Supplemented
B. Need to Halt or Reduce Activity Not a
Defense – Not Supplemented
C. Duty to Mitigate – Supplement to Attachment D, Provision 1.C.
1.
Contingency Plan. The Discharger
shall maintain a Contingency Plan as
prudent in accordance with current facility emergency planning. The Contingency
Plan shall describe procedures to ensure
that existing facilities remain in, or are
rapidly returned to, operation in the
event of a process failure or emergency
incident, such as employee strike, strike
by suppliers of chemicals or maintenance
services, power outage, vandalism, earthquake, or fire. The Discharger may combine the Contingency Plan and Spill
Prevention Plan (see Provision 1.C.2, below) into one document. In accordance
with Regional Water Board Resolution
No. 74-10, discharge in violation of the
permit where the Discharger has failed to
develop and implement a Contingency
Plan as described below may be the basis
for considering the discharge a willful
and negligent violation of the permit pursuant to California Water Code section
App. 336
13387. The Contingency Plan shall, at a
minimum, provide for the following:
a.
Sufficient personnel for continued facility operation and maintenance
during employee strikes or strikes
against contractors providing services;
b.
Maintenance of adequate chemicals
or other supplies, and spare parts
necessary for continued facility operations;
c.
Emergency standby power;
d.
Protection against vandalism;
e.
Expeditious action to repair failures
of, or damage to, equipment, including any sewer lines;
f.
Reporting of spills and discharges of
untreated or inadequately treated
wastes, including measures taken to
clean up the effects of such discharges; and
g.
Maintenance, replacement, and surveillance of physical condition of
equipment and facilities, including
any sewer lines.
[G-2] 2. Spill Prevention Plan. The Discharger shall maintain a Spill Prevention
Plan to prevent accidental discharges and
to minimize the effects of any such discharges. The Spill Prevention Plan shall
do the following:
App. 337
a.
Identify the possible sources of accidental discharge, untreated or partiallytreated waste bypass, and polluted
drainage;
b.
State when current facilities and
procedures became operational and
evaluate their effectiveness; and
c.
Predict the effectiveness of any proposed facilities and procedures and
provide an implementation schedule
with interim and final dates when
the proposed facilities and procedures will be constructed, implemented, or operational.
D. Proper Operation and Maintenance –
Supplement to Attachment D, Provision I.D
1.
Operation and Maintenance Manual.
The Discharger shall maintain an Operation and Maintenance Manual to provide
the plant and regulatory personnel with
a source of information describing all
equipment, recommended operational
strategies, process control monitoring,
and maintenance activities. To remain a
useful and relevant document, the Operation and Maintenance Manual shall
be kept updated to reflect significant
changes in treatment facility equipment
and operational practices. The Operation
and Maintenance Manual shall be maintained in usable condition and be available for reference and use by all relevant
App. 338
personnel and Regional Water Board
staff.
2.
Wastewater Facilities Status Report.
The Discharger shall maintain a Wastewater Facilities Status Report and regularly review, revise, or update it, as
necessary. This report shall document
how the Discharger operates and maintains its wastewater collection, treatment, and disposal facilities to ensure
that all facilities are adequately staffed,
supervised, financed, operated, maintained, repaired, and upgraded as necessary to provide adequate and reliable
transport, treatment, and disposal of
all wastewater from both existing and
planned future wastewater sources under
the Discharger’s service responsibilities.
3.
Proper Supervision and Operation
of Publicly-Owned Treatment Works
(POTWs). POTWs shall be supervised
and operated by persons possessing certificates of appropriate grade pursuant to
Title 23, section 3680, of the California
Code of Regulations.
E. Property Rights – Not Supplemented
F.
Inspection and Entry – Not Supplemented
G. Bypass – Not Supplemented
H. Upset – Not Supplemented
I.
Other – Addition to Attachment D
App. 339
1.
Neither the treatment nor the discharge
of pollutants shall create pollution, contamination, or nuisance as defined by
California Water Code section 13050.
[G-3] 2. Collection, treatment, storage, and
disposal systems shall be operated in a
manner that precludes public contact
with wastewater. If public contact with
wastewater could reasonably occur on
public property, warning signs shall be
posted.
3.
If the Discharger submits a timely and
complete Report of Waste Discharge for
permit reissuance, this permit shall continue in force and effect until the permit
is reissued or the Regional Water Board
rescinds the permit.
II. STANDARD PROVISIONS – PERMIT ACTION
– Not Supplemented
III. STANDARD PROVISIONS – MONITORING
A. Sampling and Analyses – Supplement to
Attachment D, Provisions III.A and III.B
1.
Certified Laboratories. Water and
waste analyses shall be performed by a
laboratory certified for these analyses in
accordance with California Water Code
section 13176.
2.
Minimum Levels. For the 126 priority
pollutants, the Discharger should use
the analytical methods listed in Table B
unless the Monitoring and Reporting
App. 340
Program (MRP, Attachment E) requires a
particular method or minimum level
(ML). All monitoring instruments and
equipment shall be properly calibrated
and maintained to ensure accuracy of
measurements.
3.
Monitoring Frequency. The MRP specifies the minimum sampling and analysis
schedule.
a.
Sample Collection Timing
i.
The Discharger shall collect influent samples on varying days
selected at random and shall not
include any plant recirculation
or other sidestream wastes, unless otherwise stipulated in the
MRP. The Executive Officer may
approve an alternative influent
sampling plan if it is representative of plant influent and complies with all other permit
requirements.
ii. The Discharger shall collect effluent samples on days coincident with influent sampling,
unless otherwise stipulated by
the MRP. If influent sampling is
not required, the Discharger
shall collect effluent samples on
varying days selected at random,
unless otherwise stipulated in
the MRP. The Executive Officer may approve an alternative
App. 341
effluent sampling plan if it is
representative of plant discharge and in compliance with
all other permit requirements.
iii. The Discharger shall collect effluent grab samples during periods of daytime maximum peak
flows (or peak flows through secondary treatment units for facilities that recycle effluent).
iv. Effluent sampling for conventional pollutants shall occur on
at least one day of any multipleday bioassay the MRP requires.
During the course of the bioassay, on at least one day, the Discharger shall collect and retain
samples of the discharge. In the
event that a bioassay result does
not comply with effluent limitations, the Discharger [G-4] shall
analyze the retained samples for
pollutants that could be toxic to
aquatic life and for which it has
effluent limitations.
(a) The Discharger shall perform bioassays on final effluent
samples; when chlorine is used
for disinfection, bioassays shall
be performed on effluent after
chlorination and dechlorination;
and
App. 342
(b) The Discharger shall analyze for total ammonia nitrogen
and calculate the amount of unionized ammonia whenever test
results fail to meet effluent limitations.
b.
Conditions Triggering Accelerated Monitoring
i.
Average Monthly Effluent Limitation Exceedance. If the results
from two consecutive samples of
a constituent monitored in a particular month exceed the average monthly effluent limitation
for any parameter (or if the required sampling frequency is
once per month or less and the
monthly sample exceeds the
average monthly effluent limitation), the Discharger shall, within 24 hours after the results are
received, increase its sampling
frequency to daily until the results from the additional sampling show that the parameter
complies with the average
monthly effluent limitation.
ii. Maximum Daily Effluent Limitation Exceedance. If a sample
result exceeds a maximum daily
effluent limitation, the Discharger shall, within 24 hours
after the result is received,
App. 343
increase its sampling frequency
to daily until the results from
two samples collected on consecutive days show compliance with
the maximum daily effluent limitation.
iii. Acute Toxicity. If final or intermediate results of an acute bioassay indicate a violation or
threatened violation (e.g., the
percentage of surviving test organisms of any single acute bioassay is less than 70 percent),
the Discharger shall initiate a
new test as soon as practical or
as described in applicable State
Water Board plan provisions
that become effective after adoption of these Regional Standard
Provisions. The Discharger shall
investigate the cause of the mortalities and report its findings in
the next self-monitoring report.
iv. Chlorine. The Discharger shall
calibrate chlorine residual analyzers against grab samples as
frequently as necessary to maintain accurate control and reliable operation. If an effluent
violation is detected, the Discharger shall collect grab samples at least every 30 minutes
until compliance with the limitation is achieved, unless the
App. 344
Discharger monitors chlorine
residual continuously. In such
cases, the Discharger shall continue to conduct continuous
monitoring.
v.
Bypass. Except as indicated below, if a Discharger bypasses any
portion of its treatment facility,
it shall monitor flows and collect
samples at affected discharge
points and analyze samples for
all constituents with effluent
limitations on a daily basis for
the duration of the bypass. The
Discharger need not accelerate
chronic toxicity monitoring. The
Discharger also need not collect
and analyze samples for mercury, dioxin-TEQ, and PCBs after the first day of the bypass.
The Discharger may [G-5] satisfy the accelerated acute toxicity monitoring requirement by
conducting a flow-through test
or static renewal test that captures the duration of the bypass
(regardless of the method specified in the MRP). If bypassing
disinfection units only, the Discharger shall only monitor bacteria indicators daily.
(a) Bypass for Essential
Maintenance. If a Discharger
bypasses a treatment unit for
App. 345
essential maintenance pursuant
to Attachment D section I.G.2,
the Executive Officer may reduce the accelerated monitoring
requirements above if the Discharger (i) monitors effluent at
affected discharge points on the
first day of the bypass for all constituents with effluent limitations, except chronic toxicity;
and (ii) identifies and implements measures to ensure that
the bypass will continue to comply with effluent limitations.
(b) Approved Wet Weather
Bypasses. If a Discharger bypasses a treatment unit or permitted outfall during wet
weather with Executive Officer
approval pursuant to Attachment D section I.G.4, the Discharger shall monitor flows and
collect and retain samples for
affected discharge points on a
daily basis for the duration of
the bypass. The Discharger shall
analyze daily for TSS using 24hour composites (or more frequent increments) and for bacteria indicators with effluent
limitations using grab samples.
If TSS exceeds 45 mg/L in any
composite sample, the Discharger shall also analyze daily
the retained samples for all
App. 346
other constituents with effluent limitations, except oil and
grease, mercury, PCBs, dioxinTEQ, and acute and chronic toxicity. Additionally, at least once
each year, the Discharger shall
analyze the retained samples for
one approved bypass for all other
constituents with effluent limitations, except oil and grease,
mercury, PCBs, dioxin-TEQ, and
acute and chronic toxicity. This
monitoring shall be in addition
to the minimum monitoring
specified in the MRP.
B. Standard Observations – Addition to Attachment D
1.
Receiving Water Observations. The
following requirements only apply when
the MRP requires standard observations
of receiving waters. Standard observations shall include the following:
a.
Floating and Suspended Materials (e.g., oil, grease, algae, and other
macroscopic particulate matter) –
presence or absence, source, and size
of affected area.
b.
Discoloration and Turbidity –
color, source, and size of affected
area.
App. 347
c.
Odor – presence or absence, characterization, source, and distance of
travel.
d.
Beneficial Water Use – estimated
number of water-associated waterfowl or wildlife, fisherpeople, and
other recreational activities.
e.
Hydrographic Condition – time
and height of high and low tides (corrected to nearest National Oceanic
and Atmospheric Administration location for the sampling date and
time).
[G-6] f. Weather Conditions – wind
direction, air temperature, and total
precipitation during five days prior to
observation.
2.
Wastewater Effluent Observations.
The following requirements only apply
when the MRP requires standard observations of wastewater effluent. Standard
observations shall include the following:
a.
Floating and Suspended Material of Wastewater Origin (e.g., oil,
grease, algae, and other macroscopic
particulate matter) – presence or absence.
b.
Odor – presence or absence, characterization, source, distance of travel,
and wind direction.
App. 348
3.
4.
Beach and Shoreline Observations.
The following requirements only apply
when the MRP requires standard observations of beaches or shorelines. Standard observations shall include the
following:
a.
Material of Wastewater Origin –
presence or absence, description of
material, estimated size of affected
area, and source.
b.
Beneficial Use – estimate of number of people participating in recreational water contact, non-water
contact, and fishing activities.
Waste Treatment and/or Disposal Facility Periphery Observations. The
following requirements only apply when
the MRP requires standard observations
of the periphery of waste treatment or
disposal facilities. Standard observations
shall include the following:
a.
Odor – presence or absence, characterization, source, and distance of
travel.
b.
Weather Conditions – wind direction and estimated velocity.
IV. STANDARD PROVISIONS – RECORDS
A. Records to be Maintained – Supplement to
Attachment D, Provision IV.A
The Discharger shall maintain records in a
manner and at a location (e.g., the wastewater
App. 349
treatment plant or the Discharger’s offices)
such that the records are accessible to Regional Water Board staff. The minimum retention period specified in Attachment D,
Provision IV, shall be extended during the
course of any unresolved litigation regarding
permit-related discharges, or when requested
by Regional Water Board or U.S. EPA, Region
IX, staff.
A copy of the permit shall be maintained at
the discharge facility and be available at all
times to operating personnel.
B. Records of Monitoring – Supplement to Attachment D, Provision IV.B Monitoring records shall include the following:
1.
Analytical Information. Records shall
include analytical method detection limits, minimum levels, reporting levels, and
related quantification parameters.
[G-7] 2. Disinfection Process. For the disinfection process, records shall include
the following:
a.
For bacteriological analyses:
i.
Wastewater flow rate at the time
of sample collection; and
ii. Required statistical parameters
for cumulative bacterial values
(e.g., moving median or geometric mean for the number
of samples or sampling period
identified in the MRP).
App. 350
b.
For the chlorination process (when
chlorine is used for disinfection), at
least daily average values for the following:
i.
Chlorine residual of treated
wastewater as it enters the chlorine contact basin (mg/L);
ii. Chlorine dosage (kg/day); and
iii. Dechlorination chemical dosage
(kg/day).
3.
4.
Wastewater Treatment Process Solids. For each treatment unit process
that involves solids removal from the
wastewater stream, records shall include
the following:
a.
Total volume or mass of solids removed from each collection unit (e.g.,
grit, skimmings, undigested biosolids, or combination) for each calendar
month or other time period as appropriate, but not to exceed annually;
and
b.
Final disposition of such solids (e.g.,
landfill, other subsequent treatment
unit).
Treatment Process Bypasses. For all
treatment process bypasses, including
wet weather blending, records shall include the following:
a.
Chronological log of treatment process bypasses;
App. 351
5.
b.
Identification of treatment processes
bypassed;
c.
Beginning and ending dates and
times of bypasses;
d.
Bypass durations;
e.
Estimated bypass volumes; and
f.
Description of, or reference to other
reports describing, the bypasses,
their cause, the corrective actions
taken (except for wet weather blending explicitly approved within the
permit and in compliance with any
related permit conditions), and any
additional monitoring conducted.
Treatment Plant Overflows. The Discharger shall retain a chronological log of
overflows at the treatment plant, including the headworks and all units and appurtenances downstream, and records
supporting the information provided in
accordance with Provision V.E.2, below.
C. Claims of Confidentiality – Not Supplemented
[G-8] V. STANDARD PROVISIONS – REPORTING
A. Duty to Provide Information – Not Supplemented
B. Signatory and Certification Requirements – Not Supplemented
App. 352
C. Monitoring Reports – Supplement to Attachment D, Provision V.C
1.
Self-Monitoring Reports. For each reporting period established in the MRP,
the Discharger shall submit a self-monitoring report to the Regional Water Board
in accordance with the requirements
listed in the MRP and below:
a.
Transmittal Letter. Each self-monitoring report shall be submitted
with a transmittal letter that includes the following:
i.
Identification of all violations of
effluent limitations or other
waste discharge requirements
found during the reporting period;
ii. Details regarding the violations,
such as parameters, magnitude,
test results, frequency, and dates;
iii. Causes of the violations;
iv. Corrective actions taken or
planned to resolve violations and
prevent recurrences, and dates
or time schedules for implementation (the Discharger may refer
to previously submitted reports
that address the corrective actions);
v.
Explanation for any data invalidation. Data should not be
App. 353
submitted in a self-monitoring
report if it does not meet quality
assurance/quality control standards. However, if the Discharger
wishes to invalidate a measurement after submitting it in a
self-monitoring report, the Discharger shall identify the measurement suspected to be invalid
and state the Discharger’s intent to submit, within 60 days,
a formal request to invalidate
the measurement. The formal
request shall include the original measurement in question,
the reason for invalidating the
measurement, all relevant documentation that supports invalidation (e.g., laboratory sheet, log
entry, test results), and a discussion of the corrective actions
taken or planned (with a time
schedule for completion) to prevent recurrence of the sampling
or measurement problem;
vi. Description of blending, if any. If
the Discharger blends, it shall
describe the duration of blending
events and certify whether the
blending complied with all conditions for blending;
vii. Description of other bypasses, if
any. If the Discharger bypasses
any treatment units (other than
App. 354
blending), it shall describe the
duration of the bypasses and
effluent quality during those
times; and
viii. Signature. The transmittal letter shall be signed in accordance
with Attachment D, Provision
V.B.
[G-9] b. Compliance Evaluation Summary. Each self-monitoring report
shall include a compliance evaluation summary that addresses each
parameter for which the permit specifies effluent limitations, the number
of samples taken during the monitoring period, and the number of
samples that exceed the effluent limitations.
c.
More Frequent Monitoring. If the
Discharger monitors any pollutant
more frequently than required by the
MRP, the Discharger shall include
the results of such monitoring in the
calculation and reporting of the data
submitted in the self-monitoring report.
d.
Analysis Results
i.
Tabulation. Each self-monitoring
report shall include tabulations
of all required analyses and observations, including parameters,
dates, times, sample stations,
App. 355
types of samples, test results,
method detection limits, method
minimum levels, and method reporting levels (if applicable),
signed by the laboratory director
or other responsible official.
ii. Multiple Samples. Unless the
MRP specifies otherwise, when
determining compliance with effluent limitations (other than instantaneous effluent limitations)
and more than one sample result
is available, the Discharger shall
compute the arithmetic mean. If
the data set contains one or more
results that are “Detected, but
Not Quantified (DNQ) or “Not
Detected” (ND), the Discharger
shall instead compute the median in accordance with the following procedure:
(a) The data set shall be
ranked from low to high, reported ND determinations lowest, DNQ determinations next,
followed by quantified values (if
any). The order of the individual
ND or DNQ determinations is
unimportant.
(b) The median of the data set
shall be determined. If the data
set has an odd number of data
points, the median is the middle
App. 356
value. If the data set has an even
number of data points, the median is the average of the two
values around the middle, unless
one or both of these values is ND
or DNQ, in which case the median shall be the lower of the two
results (where DNQ is lower
than a quantified value and ND
is lower than DNQ).
iii. Duplicate Samples. The Discharger shall report the average
of duplicate sample analyses
when reporting for a single sample result (or the median if one
or more of the duplicates is DNQ
or ND [see Provision V.C.1.d.ii,
above]). For bacteria indicators,
the Discharger shall report the
geometric mean of the duplicate
analyses.
iv. Dioxin-TEQ. The Discharger
shall report for each dioxin and
furan congener the analytical results of effluent monitoring, including the reporting level, the
method detection limit, and the
measured concentration. The Discharger shall report all measured
values of individual congeners,
including data qualifiers. When
calculating dioxin-TEQ, the Discharger shall set congener concentrations below the minimum
App. 357
levels (MLs) to zero. The Discharger shall calculate and report dioxin-TEQ using the [G10] following formula, where the
MLs, toxicity equivalency factors (TEFs), and bioaccumulation equivalency factors (BEFs)
are as provided in Table A:
Dioxin-TEQ = Σ (Cx x TEFx x
BEFx)
where: Cx = measured or estimated concentration of congener x
TEFx = toxicity equivalency factor for congener x
BEFx = bioaccumulation equivalency factor for congener x
Table A
Minimum Levels, Toxicity Equivalency Factors,
and Bioaccumulation Equivalency Factors
Dioxin or Furan
Congener
2005
BioaccuMiniToxicity mulation
mum
EquivaEquivaLevel
lency Fac- lency Fac(pg/L)
tor (TEF) tor (BEF)
2,3,7,8-TCDD
10
1.0
1.0
1,2,3,7,8-PeCDD
50
1.0
0.9
1,2,3,4,7,8-HxCDD
50
0.1
0.3
1,2,3,6,7,8-HxCDD
50
0.1
0.1
App. 358
1,2,3,7,8,9-HxCDD
50
0.1
0.1
1,2,3,4,6,7,8-HpCDD
50
0.01
0.05
OCDD
100
0.0003
0.01
2,3,7,8-TCDF
10
0.1
0.8
1,2,3,7,8-PeCDF
50
0.03
0.2
2,3,4,7,8-PeCDF
50
0.3
1.6
1,2,3,4,7,8-HxCDF
50
0.1
0.08
1,2,3,6,7,8-HxCDF
50
0.1
0.2
1,2,3,7,8,9-HxCDF
50
0.1
0.6
2,3,4,6,7,8-HxCDF
50
0.1
0.7
1,2,3,4,6,7,8-HpCDF
50
0.01
0.01
1,2,3,4,7,8,9-HpCDF
50
0.01
0.4
OCDF
100
0.0003
0.02
e.
Results Not Yet Available. The
Discharger shall make all reasonable
efforts to obtain analytical data for
required parameter sampling in a
timely manner. Certain analyses
may require additional time to complete analytical processes and report
results. In these cases, the Discharger shall describe the circumstances in the self-monitoring report
and include the data for these parameters and relevant discussions
of any violations in the next selfmonitoring report due after the results are available.
App. 359
f.
Annual Self-Monitoring Reports.
By the date specified in the MRP, the
Discharger shall submit an annual
self-monitoring report covering the
previous calendar year. The report
shall contain the following:
i.
Comprehensive discussion of
treatment plant performance,
including documentation of any
blending or other bypass events,
and compliance with the permit.
This discussion shall include any
corrective actions taken or
planned, such as changes to facility equipment or operation
practices that may be needed to
achieve compliance, [G-11] and
any other actions taken or
planned that are intended to improve the performance and reliability of wastewater collection,
treatment, or disposal practices;
ii. List of approved analyses, including the following:
(a) List of analyses for which
the Discharger is certified;
(b) List of analyses performed
for the Discharger by a separate certified laboratory
(copies of reports signed by
the laboratory director of
that laboratory need not be
App. 360
submitted but shall be retained onsite); and
(c) List of “waived” analyses, as
approved;
iii. Plan view drawing or map showing the Discharger’s facility, flow
routing, and sampling and observation station locations; and
iv. Results of facility report reviews.
The Discharger shall regularly
review, revise, and update, as
necessary, the Operation and
Maintenance Manual, Contingency Plan, Spill Prevention
Plan, and Wastewater Facilities
Status Report so these documents remain useful and relevant to current practices. At a
minimum, reviews shall be conducted annually. The Discharger
shall describe or summarize its
review and evaluation procedures, recommended or planned
actions, and estimated time
schedule for implementing these
actions. The Discharger shall
complete changes to these documents to ensure that they remain up-to-date.
D. Compliance Schedules – Not supplemented
E. Twenty-Four Hour Reporting – Supplement
to Attachment D, Provision V.E
App. 361
1.
Oil or Other Hazardous Material Spills
a.
Within 24 hours of becoming aware
of a spill of oil or other hazardous material not contained onsite and completely cleaned up, the Discharger
shall report as follows:
i.
If the spill exceeds reportable
quantities for hazardous materials listed in 40 C.F.R. part 302.
The Discharger shall call the
California Office of Emergency
Services (800-852-7550).
ii. If the spill does not exceed reportable quantities for hazardous materials listed in 40 C.F.R.,
part 302, the Discharger shall
call the Regional Water Board
(510-622-2369).
b.
The Discharger shall submit a written report to the Regional Water
Board within five working days following either of the above telephone
notifications unless directed otherwise by Regional Water Board staff.
A report submitted electronically is
acceptable. The written report shall
include the following:
i.
Date and time of spill, and duration if known;
ii. Location of spill (street address
or description of location);
App. 362
[G-12] iii. Nature of material spilled;
iv. Quantity of material spilled;
v.
Receiving water body affected, if
any;
vi. Cause of spill;
vii. Estimated size of affected area;
viii. Observed impacts to receiving
waters (e.g., oil sheen, fish kill,
water discoloration);
ix. Corrective actions taken to contain, minimize, or clean up the
spill;
x.
Future corrective actions planned
to prevent recurrence, and implementation schedule; and
xi. Persons or agencies notified.
2.
Unauthorized Municipal Wastewater
Treatment Plant Discharges1
a.
1
Two-Hour Notification. For any
unauthorized discharge that enters a
drainage channel or surface water,
the Discharger shall, as soon as possible, but not later than two hours
California Code of Regulations, Title 23, section 225(b). defines an unauthorized discharge to be a discharge, not regulated
by waste discharge requirements, of treated, partially-treated. or
untreated wastewater resulting from the intentional or unintentional diversion of wastewater from a collection, treatment, or disposal system.
App. 363
after becoming aware of the discharge, notify the California Office of
Emergency Services (800-852-7550)
and the local health officer or director
of environmental health with jurisdiction over the affected water body.
Notification shall include the following:
i.
Incident description and cause;
ii. Location of threatened or involved
waterways or storm drains;
iii. Date and time that the unauthorized discharge started;
iv. Estimated quantity and duration
of the unauthorized discharge
(to the extent known), and estimated amount recovered;
v.
Level of treatment prior to discharge (e.g., raw wastewater,
primary-treated wastewater, or
undisinfected secondary-treated
wastewater); and
vi. Identity of person reporting the
unauthorized discharge.
[G-13] b. Five-Day Written Report.
Within five business days following the two-hour notification, the
Discharger shall submit a written report that includes, in addition to the
information listed in Provision V.E.2.a,
above, the following:
App. 364
i.
Methods used to delineate the
geographical extent of the unauthorized discharge within receiving waters;
ii. Efforts implemented to minimize public exposure to the unauthorized discharge;
iii. Visual observations of the impacts
(if any) noted in the receiving
waters (e.g., fish kill, discoloration of receiving water) and extent of sampling if conducted;
iv. Corrective measures taken to
minimize the impact of the unauthorized discharge;
v.
Measures to be taken to minimize the potential for a similar
unauthorized discharge in the
future;
vi. Summary of Spill Prevention
Plan or Operation and Maintenance Manual modifications to
be made, if necessary, to minimize the potential for future unauthorized discharges; and
vii. Quantity and duration of the unauthorized discharge, and the
amount recovered.
F.
Planned Changes – Not supplemented
G. Anticipated Noncompliance – Not supplemented
App. 365
H. Other Noncompliance – Not supplemented
I.
VI.
Other Information – Not supplemented
STANDARD PROVISION
MENT – Not Supplemented
–
ENFORCE-
VII. ADDITIONAL PROVISIONS – NOTIFICATION LEVELS – Not Supplemented
VIII. DEFINITIONS – Addition to Attachment D
More definitions can be found in Attachment A of
this NPDES Permit.
A. Arithmetic Calculations
1.
Geometric Mean. The antilog of the log
mean or the back-transformed mean of
the logarithmically transformed variables, which is equivalent to the multiplication of the antilogarithms. The
geometric mean can be calculated with
either of the following equations:
Geometric Mean =
or
Geometric Mean =
[G-14] Where “N” is the number of data
points for the period analyzed and “C” is
the concentration for each of the “N”
data points.
2.
Mass Emission Rate. The rate of discharge expressed in mass. The mass
emission rate is obtained from the following calculation for any calendar day:
App. 366
Mass emission rate
(lb/day) =
Mass emission rate
(kg/day) =
In which “N” is the number of samples
analyzed in any calendar day and “Qi”
and “Ci” are the flow rate (MGD) and the
constituent concentration (mg/L) associated with each of the “N” grab samples
that may be taken in any calendar day.
If a composite sample is taken, “Ci” is the
concentration measured in the composite sample and “Qi” is the average flow
rate occurring during the period over
which the samples are composited. The
daily concentration of a constituent
measured over any calendar day shall be
determined from the flow-weighted average of the same constituent in the
combined waste streams as follows:
Cd = Average daily
concentration
In which “N” is the number of component waste streams and “Q” and “C” are
the flow rate (MGD) and the constituent
concentration (mg/L) associated with
each of the “N” waste streams. “Qt” is the
App. 367
total flow rate of the combined waste
streams.
3.
Removal Efficiency. The ratio of pollutants removed by the treatment facilities to pollutants entering the treatment
facilities (expressed as a percentage).
The Discharger shall determine removal
efficiencies using monthly averages (by
calendar month unless otherwise specified) of pollutant concentration of influent and effluent samples collected at
about the same time and using the following equation (or its equivalent):
Removal Efficiency (%) = 100 x [1-(Effluent
Concentration/Influent Concentration)]
B. Blending – the practice of bypassing biological treatment units and recombining the bypass wastewater with biologically-treated
wastewater.
C. Composite Sample – a sample composed of
individual grab samples collected manually or
by an automatic sampling device on the basis
of time or flow as specified in the MRP. For
flow-based composites, the proportion of each
grab sample included in the composite sample
shall be within plus or minus five percent (+15%) of the representative flow of the waste
stream being measured at the time of grab
sample collection. Alternatively, equal volume
grab samples may [G-15] be individually analyzed with the flow-weighted average calculated by averaging flow-weighted ratios of
each grab sample analytical result. Grab
App. 368
samples comprising time-based composite
samples shall be collected at intervals not
greater than those specified in the MRP. The
quantity of each grab sample comprising a
time-based composite sample shall be a set of
flow proportional volumes as specified in the
MRP. If a particular time-based or flow-based
composite sampling protocol is not specified in
the MRP, the Discharger shall determine and
implement the most representative protocol.
D. Duplicate Sample – a second sample taken
from the same source and at the same time as
an initial sample (such samples are typically
analyzed identically to measure analytical
variability).
E. Grab Sample – an individual sample collected during a short period not exceeding 15
minutes. Grab samples represent only the
condition that exists at the time the sample is
collected.
F.
Overflow – the intentional or unintentional
spilling or forcing out of untreated or partially-treated waste from a transport system
(e.g., through manholes, at pump stations, or
at collection points) upstream of the treatment plant headworks or from any part of a
treatment plant.
G. Priority Pollutants – those constituents referred to in 40 C.F.R. part 122 as promulgated
in the Federal Register, Vol. 65, No. 97, Thursday, May 18, 2000, also known as the California Toxics Rule.
H. Untreated waste – raw wastewater.
App. 369
[G-16] Table B
List of Monitoring Parameters and Analytical Methods
CTR
No.
1
2
3
4
5a
5b
Pollutant/Parameter
6
7
8
9
Antimony
Arsenic
Beryllium
Cadmium
Chromium (III)
Chromium (VI)
Chromium (total)4
Copper
Lead
Mercury
Nickel
10
Selenium
11
12
13
Silver
Thallium
Zinc
14
Cyanide
15
16
17
18
19
33
39
Asbestos (only required for
dischargers to MUN waters)6
2,3,7,8-TCDD and 17
congeners (Dioxin)
Acrolein
Acrylonitrile
Benzene
Ethylbenzene
Toluene
Analytical
Method2
Minimum Levels3 (μg/l)
CC
GCMS
204.2
206.3
Color
FAA
GFAA
ICP
10
5
2
0.5
0.5
50
10
2
10
20
20
10
200 or 213
SM 3500
SM 3500
SM 3500
200.9
200.9
1631 (note)5
249.2
200.8 or
SM 3114B or C
272.2
279.2
200 or 289
SM 4500
CN C or I
10
5
1613
2.0
2.0
0.5
0.5
0.5
5
2
2
2
2
ICP MS SPGFAA HYD RIDE CVAA DCP
0.5
2
0.5
0.25
5
2
1
0.5
0.5
1
1000
1000
1000
1000
5
50
25
20
2
5
5
10
10
5
0.5
0.5
0.5
1
2
2
1000
1000
1000
10,000
50
5
20
1
5
1000
5
10
2
5
1
2
10
10
20
0.25
1
1
2
5
10
10
10
20
0100.27
603
603
602
602
602
LC
1
1000
1000
1000
App. 370
20
Bromoform
21
Carbon Tetrachloride
22
Chlorobenzene
23
Chlorodibromomethane
24
Chloroethane
25
2-Chloroethylvinyl Ether
26
Chloroform
[G-17] 75 1,2-Dichlorobenzene
76
1,3-Dichlorobenzene
77
1,4-Dichlorobenzene
27
Dichlorobromomethane
28
1,1-Dichloroethane
29
1,2-Dichloroethane
1,1-Dichloroethylene or
30
1,1-Dichloroethene
31
1,2-Dichloropropane
1,3-Dichloropropylene or
32
1,3-Dichloropropene
Methyl Bromide or
34
Bromomethane
Methyl Chloride or
35
Chloromethane
Methylene Chloride or
36
Dichloromethane
37
1,1,2,2-Tetrachloroethane
38
Tetrachloroethylene
40
1,2-Trans-Dichloroethylene
41
1,1,1-Trichloroethane
42
1,1,2-Trichloroethane
43
Trichloroethene
44
Vinyl Chloride
45
2-Chlorophenol
601
601
601
601
601
601
60]
601
601
601
601
601
601
0.5
0.5
0.5
0.5
0.5
1
0.5
0.5
0.5
0.5
0.5
0.5
0.5
2
2
2
2
2
1
2
2
2
2
2
1
2
601
0.5
2
601
0.5
1
601
0.5
2
601
1.0
2
601
0.5
2
601
0.5
2
601
601
601
601
601
601
601
604
0.5
0.5
0.5
0.5
0.5
0.5
0.5
2
1
2
1
2
2
2
2
5
App. 371
46
47
2,4-Dichlorophenol
2,4-Dimethylphenol
2-Methyl-4,6-Dinitrophenol
48
or Dinitro-2-methylphenol
49
2,4-Dinitrophenol
50
2-Nitrophenol
51
4-Nitrophenol
52
3-Methyl-4-Chlorophenol
53
Pentachlorophenol
54
Phenol
55
2,4,6-Trichlorophenol
56
Acenaphthene
57
Acenaphthylene
58
Anthracene
Benzo(a)Anthracene or
60
1,2 Benzanthracene
61
Benzo(a)Pyrene
Benzo(b)Fluoranthene
62
or 3,4 Benzofluoranthene
63
Benzo(gbi)Perylene
64
Benzo(k)Fluoranthene
74
Dibenzo(a,h)Anthracene
86
Fluoranthene
87
Fluorene
92
Indeno(1,2,3-cd) Pyrene
100
Pyrene
68
Bis(2-Ethylhexyl)Phthalate
70
Butylbenzyl Phthalate
79
Diethyl Phthalate
[G-18] 80 Dimethyl Phthalate
81
Di-n-Butyl Phthalate
84
Di-n-Octyl Phthalate
604
604
1
1
2
604
10
5
604
604
604
604
604
604
604
610 HPLC
610 HPLC
610 HPLC
5
5
5
1
1
10
1
5
10
10
1
5
1
10
1
10
10
610 HPLC
10
5
50
0.5
0.2
2
610 HPLC
10
2
610 HPLC
10
10
610 HPLC
610 HPLC
610 HPLC
610 HPLC
610 HPLC
610 HPLC
610 HPLC
606 or 625
606 or 625
606 or 625
606 or 625
606 or 625
606 or 625
5
10
10
1
10
10
10
5
10
2
2
10
10
0.1
2
0.1
0.05
0.1
0.05
0.05
10
10
10
10
10
App. 372
59
65
66
67
69
71
72
73
78
82
83
85
88
89
90
91
93
94
95
96
97
98
99
101
102
103
104
105
106
107
108
Benzidine
Bis(2-Chloroethoxy)Methane
Bis(2-Chloroethyl)Ether
Bis(2-Chloroisopropyl)Ether
4-Bromophenyl Phenyl Ether
2-Chloronaphthalene
4-Chlorophenyl Phenyl Ether
Chrysene
3,3'-Dichlorobenzidine
2,4-Dinitrotoluene
2,6-Dinitrotoluene
1,2-Diphenylhydrazine (note)8
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclopentadiene
Hexachloroethane
Isophorone
Naphthalene
Nitrobenzene
N-Nitrosodimethylamine
N-Nitrosodi-n-Propylamine
N-Nitrosodiphenylamine
Phenanthrene
1,2,4-Trichlorobenzene
Aldrin
α-BHC
β-BHC
γ-BHC (Lindane)
δ-BHC
Chlordane
4,4'-DDT
625
625
625
625
625
625
625
625
625
625
625
625
625
625
625
625
625
625
625
625
625
625
625
625
608
608
608
608
608
608
608
10
10
10
10
5
5
5
5
10
10
10
10
10
10
1
0.005
0.01
0.005
0.02
0.005
0.1
0.01
5
5
1
2
5
10
5
10
5
5
5
1
1
1
5
1
1
1
1
5
5
1
5
5
5
0.2
0.05
App. 373
109
110
111
112
113
114
115
116
117
118
119125
126
4,4'-DDE
4,4'-DDD
Dieldrin
Endosulfan (alpha)
Endosulfan(beta)
Endosulfan Sulfate
Endrin
Endrin Aldehyde
Heptachlor
Heptachlor Epoxide
PCBs: Aroclors 1016, 1221,
1232, 1242, 1248, 1254, 1260
Toxaphene
608
608
608
608
608
608
608
608
608
608
0.05
0.05
0.01
0.02
0.01
0.05
0.01
0.01
0.01
0.01
608
0.5
608
0.5
----------------------------------------------------------------------2
The suggested method is the U.S. EPA Method unless otherwise specified (SM = Standard Methods). The Discharger may use another U.S. EPA-approved or recognized method if that method has
a level of quantification below the applicable water quality objective. Where no method is suggested, the Discharger has the discretion to use any standard method.
3
Minimum levels are from the State Implementation Policy. They are the concentration of the lowest calibration standard for that technique based on a survey of contract laboratories. Laboratory
techniques are defined as follows: GC = Gas Chromatography; GCMS = Gas Chromatography/Mass Spectrometry; LC = High Pressure Liquid Chromatography; Color = Colorimetric; FAA = Flame
Atomic Absorption; GFAA = Graphite Furnace Atomic Absorption; ICP = Inductively Coupled Plasma; ICPMS = Inductively Coupled Plasma/Mass Spectrometry; SPGFAA = Stabilized Platform
Graphite Furnace Atomic Absorption (i.e., U.S. EPA 200.9): Hydride = Gaseous Hydride Atomic Absorption; CVAA = Cold Vapor Atomic Absorption; DCP = Direct Current Plasma.
4
Analysis for total chromium may be substituted for analysis of chromium (III) and chromium (VI) if the concentration measured is below the lowest hexavalent chromium criterion (11 μg/l).
5
The Discharger shall use ultra-clean sampling (U.S. EPA Method 1669) and ultra-clean analytical methods (U.S. EPA Method 1631) for mercury monitoring. The minimum level for mercury is 2
ng/l (or 0.002 μg/l).
6
MUN = Municipal and Domestic Supply. This designation, if applicable, is in the Findings of the permit.
7
Determination of Asbestos Structures over 10 (micrometers] in Length in Drinking Water Using MCE Filters, U.S. EPA 600/R-94-134, June 1994.
8
Measurement for 1,2-Diphenylhydrazine may use azobenzene as a screen: if azobenzene is measured at >1 μg/l, then the Discharger shall analyze for 1,2-Diphenylhydrazine.
App. 374
[H-1] ATTACHMENT H –
PRETREATMENT REQUIREMENTS
CALIFORNIA REGIONAL WATER
QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION
ATTACHMENT H
PRETREATMENT PROGRAM PROVISIONS
For
NPDES POTW WASTEWATER
DISCHARGE PERMITS
March 2011
(Corrected May 2011)
[H-2] TABLE OF CONTENTS
I.
Page
Pretreatment Program Provisions .................H-3
II. APPENDIX H-1 ..............................................H-5
REQUIREMENTS FOR PRETREATMENT
ANNUAL REPORTS
A. Cover Sheet .............................................H-5
B. Introduction .............................................H-5
C. Definitions ...............................................H-6
D. Discussion of Upset, Interference and
Pass Through ...........................................H-6
E. Influent, Effluent and Biosolids
Monitoring Results ..................................H-6
F. Inspection, Sampling and Enforcement
Programs .................................................H-6
G. Updated List of Regulated SIUs .............H-7
H. SIU (categorical and non-categorical)
Compliance Activities..............................H-8
I. Baseline Monitoring Report Update.......H-9
App. 375
J.
K.
L.
M.
N.
O.
P.
Pretreatment Program Changes ............H-10
Pretreatment Program Budget ...............H-10
Public Participation Summary ...............H-10
Biosolids Storage and Disposal Practice ....H-11
Other Pollutant Reduction Activities .....H-11
Other Subjects .........................................H-11
Permit Compliance System (PCS) Data
Entry Form ..............................................H-11
III. APPENDIX H-2 ..............................................H-12
REQUIREMENTS FOR JANUARY-JUNE
PRETREATMENT SEMIANNUAL REPORT
A. Influent, Effluent and Biosolids
Monitoring ...............................................H-12
B. Industrial User Compliance Status ........H-12
C. Discharger’s Compliance with
Pretreatment Program Requirements .... H-13
IV. APPENDIX H-3 ..............................................H-14
SIGNATURE REQUIREMENTS FOR
PRETREATMENT ANNUAL AND
SEMIANNUAL REPORTS
V.
APPENDIX H-4 ..............................................H-15
REQUIREMENTS FOR INFLUENT,
EFFLUENT AND BIOSOLIDS MONITORING
A. Reduction of Monitoring Frequency .......H-15
B. Influent and Effluent Monitoring ...........H-15
C. Biosolids Monitoring ...............................H-16
App. 376
[H-3] Attachment H:
Pretreatment Program Provisions
A. The Discharger shall be responsible and liable for
the performance of all Control Authority pretreatment requirements contained in 40 C.F.R. 403,
including any regulatory revisions to Part 403.
Where a Part 403 revision is promulgated after
the effective date of the Discharger’s permit and
places mandatory actions upon the Discharger as
Control Authority but does not specify a timetable
for completion of the actions, the Discharger shall
complete the required actions within six months
from the issuance date of this permit or six months
from the effective date of the Part 403 revisions,
whichever comes later.
(If the Discharger cannot complete the required
actions within the above six-month period due to
the need to process local adoption of sewer use ordinance modifications or other substantial pretreatment program modifications, the Discharger
shall notify the Executive Officer in writing at
least 60 days prior to the six-month deadline. The
written notification shall include a summary of
completed required actions, an explanation for
why the six month deadline cannot be met, and a
proposed timeframe to complete the rest of the required actions as soon as practical but not later
than within twelve months of the issuance date of
this permit or twelve months of the effective date
of the Part 403 revisions, whichever comes later.
The Executive Officer will notify the Discharger in
writing within 30 days of receiving the request if
the extension is not approved.)
App. 377
The United States Environmental Protection
Agency (U.S. EPA), the State and/or other appropriate parties may initiate enforcement action
against a nondomestic user for noncompliance
with applicable standards and requirements as
provided in the Clean Water Act (Act).
B. The Discharger shall enforce the requirements
promulgated under Sections 307(b), 307(c), 307(d)
and 402(b) of the Act with timely, appropriate
and effective enforcement actions. The Discharger
shall cause nondomestic users subject to Federal
Categorical Standards to achieve compliance no
later than the date specified in those requirements
or, in the case of a new nondomestic user, upon
commencement of the discharge.
C. The Discharger shall perform the pretreatment
functions as required in 40 C.F.R. 403 and amendments or modifications thereto including, but not
limited to:
1.
Implement the necessary legal authorities to
fully implement the pretreatment regulations
as provided in 40 C.F.R. 403.8(f )(1);
2.
Implement the programmatic functions as
provided in 40 C.F.R. 403.8(f )(2);
3.
Publish an annual list of nondomestic users in
significant noncompliance as provided per 40
C.F.R. 403.8(f )(2)(viii);
4.
Provide for the requisite funding and personnel to implement the pretreatment program
as provided in 40 C.F.R. 403.8(f )(3); and
5.
Enforce the national pretreatment standards
for prohibited discharges and categorical
App. 378
standards as provided in 40 C.F.R. 403.5 and
403.6, respectively.
[H-4] D. The Discharger shall submit annually a report to U.S. EPA Region IX, the State Water Board
and the Regional Water Board describing its pretreatment program activities over the previous
calendar year. In the event that the Discharger
is not in compliance with any conditions or requirements of the Pretreatment Program, the
Discharger shall also include the reasons for noncompliance and a plan and schedule for achieving
compliance. The report shall contain, but is not
limited to, the information specified in Appendix
H-1 entitled, “Requirements for Pretreatment Annual Reports.” The annual report is due each year
on February 28.
E. The Discharger shall submit a pretreatment semiannual report to U.S. EPA Region IX, the State
Water Board and the Regional Water Board describing the status of its significant industrial users (SIUs). The report shall contain, but is not
limited to, information specified in Appendix H-2
enti
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