APPENDIX C: NATIONAL POLLUTANT DISCHARGE ELIMINATIONS SYSTEMS (NPDES)
I.   FINDINGS - ORDER NO. R3-2014-0012 NPDES NO. CA0047996
The California Regional Water Quality Control Board, Central Coast Region (hereinafter the Central Coast Water Board) finds:
   A.   Legal Authorities. This Order serves as Waste Discharge Requirements (WDRs) pursuant to article 4, chapter 4, division 7 of the California Water Code (commencing with § 13260). This Order is also issued pursuant to § 402 of the federal Clean Water Act (CWA) and implementing regulations adopted by the U.S. Environmental Protection Agency (USEPA) and chapter 5.5, division 7 of the Water Code (commencing with § 13370). It shall serve as a National Pollutant Discharge Elimination System (NPDES) permit for point source discharges from this facility to surface waters.
   B.   Background and Rationale for Requirements. The Central Coast Water Board developed this Order’s requirements based on information submitted in the application, through monitoring and reporting programs, and other available information. The Fact Sheet (Attachment F), which contains background information and rationale for the Order’s waste discharge requirements, is hereby incorporated into this Order and constitutes part of the Findings for this Order. Attachments A through E are also incorporated into this Order.
   C.   Provisions and Requirements Implementing State Law. The provisions/requirements in subsections II.B, II.C, and III.B, of this Order are included to implement state law only. These provisions/requirements are not required or authorized under the federal CWA; consequently, violations of these provisions/requirements are not subject to the enforcement remedies that are available for NPDES violations.
   D.   Notification of Interested Parties. The Central Coast Water Board has notified the Discharger and interested agencies and persons of its intent to prescribe WDRs for the discharge and has provided them with an opportunity to submit their written comments and recommendations. Details of the notification are provided in the Fact Sheet accompanying this Order.
   E.   Consideration of Public Comment. The Central Coast Water Board, in a public meeting, heard and considered all comments pertaining to the discharge. Details of the Public Hearing are provided in the Fact Sheet of this Order.
THEREFORE, IT IS HEREBY ORDERED that this Order supersedes Order R3-20080007 except for enforcement purposes, and, in order to meet the provisions contained in division 7 of the Water Code (commencing with § 13000) and regulations adopted thereunder and the provisions of the CWA and regulations and guidelines adopted thereunder, the Discharger shall comply with the requirements in this Order. This action in no way prevents the Central Coast Water Board from taking enforcement action for past violations of the previous Order. If any part of this Order is subject to a temporary stay of enforcement, unless otherwise specified, the Discharger shall comply with the analogous portions of the previous Order, which shall remain in effect for all purposes during the pendency of the stay.
II.   DISCHARGE PROHIBITIONS - ORDER NO. R3-2014-0012 NPDES NO. CA0047996
   A.   Discharge of treated wastewater to the Pacific Ocean at a location other than those listed below is prohibited:
      1.   Carmel area wastewater treatment plant ocean outfall (36°32’00”N latitude, 121° 55’43”W longitude); and
      2.   Approved recycled water reuse sites authorized by order numbers 93-72 and 94-04 or other sites subsequently permitted.
   B.   The overflow or bypass of wastewater from the Discharger’s collection, treatment or disposal facilities and the subsequent discharge of untreated or partially treated wastewater is prohibited.
   C.   Discharge of any waste in any manner other than as described by this order, excluding storm water regulated by general permit number CAS000001 (Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities) and excluding the reuse of treated wastewater in accordance with Cal. Water Code, §§ 13500 through 13577 (Water Reclamation) and Cal. Code of Regulations, Title 22, §§ 60301 through 60357 (Water Recycling Criteria) is prohibited.
   D.   The discharge of any radiological, chemical or biological warfare agent or high-level radioactive waste into the ocean is prohibited.
   E.   Discrete point source discharges of sewage in a manner that alters conditions from those occurring naturally in the area of the discharge to Carmel Bay, an area of special biological significance (ASBS), are prohibited.
   F.   Federal law prohibits the discharge of sludge by pipeline to the Ocean. The discharge of municipal or industrial waste sludge directly to the Ocean or into a waste stream that discharges to the Ocean is prohibited. The discharge of sludge digester supernatant, without further treatment, directly to the Ocean or to a waste stream that discharges to the Ocean, is prohibited.
III.   EFFLUENT LIMITATIONS AND DISCHARGE SPECIFICATIONS
A.   Effluent limitations - discharge point 001
1.   Final effluent limitations - discharge point 001
a.   Effluent limitations. The discharger shall maintain compliance with the following effluent limitations at discharge point 001, with compliance measured at monitoring location EFF-001, as described in the attached MRP.
Table 4. Effluent Limitations
Parameter
Units
Effluent Limitations
Average Monthly
Average Weekly
Maximum Daily
Instantaneous Maximum
Parameter
Units
Effluent Limitations
Average Monthly
Average Weekly
Maximum Daily
Instantaneous Maximum
BOD5
mg/L
30
45
90
--
lbs/day [1]
750
1,130
2,250
--
Enterococcus bacteria [3 - 4]
MPN/100 ml
4,300
--
--
13,000
Fecal coliform bacteria [3 - 4]
MPN/100 ml
24,000
--
--
49,000
Oil and grease
mg/L
25
40
75
--
lbs/day [1]
630
1,000
1,880
--
pH[2]
pH units
6.0 - 9.0 at all times
Settleable solids
ml/L/hr
1.0
1.5
--
3.0
Total coliform bacteria [3]
MPN/100 ml
230
--
--
10,000
TSS
mg/L
30
45
90
--
lbs/day [1]
750
1,130
2,250
--
Turbidity
NTUs
75
100
--
225
1 Mass limitations are based on 3.0 MGD maximum effluent flow.
2 Excursions from the effluent limit range are permitted subject to the following limitations (40 C.F.R. § 401.17).
a.   The total time during which the pH values are outside the required range of pH values shall not exceed 7 hours and 26 minutes in any calendar month.
b.   No individual excursion from the range of pH values shall exceed 60 minutes.
Note: 40 C.F.R. § 401.17(c) notes that, for the purposes of 40 C.F.R. § 401.17, EXCURSION is defined as “an unintentional and temporary incident in which the pH value of discharge wastewater exceeds the range set forth in the applicable effluent limitations guidelines”. The State Board may adjust the requirements set forth in paragraph 40 C.F.R. § 401.17(a) with respect to the length of individual excursions from the range of pH values, if a different period of time is appropriate based upon the treatment system, plant configuration or other technical factors.
3 Bacterial effluent limits apply if the executive officer concludes from receiving water monitoring that the discharge consistently exceeds the bacteriological single sample maximum (SSM) standards contained within § IV.A.1 of the order. See Table E-3 for associated monitoring requirements.
4 Fecal coliform and enterococcus bacteria values are based on existing dilution ratio of 121:1 and apply after the last treatment process and at a measurable location before disposal to the ocean outfall.
 
b.   Toxic pollutants. The discharger shall maintain compliance with the following effluent limitations for toxic pollutants at discharge point 001, with compliance measured at monitoring location EFF-001, as described in the attached MRP.
Table 5. Effluent Limitations for the Protection of Marine Aquatic Life
Pollutant
Unit
6-Month Median
Daily Maximum
Instantaneous Maximum
Pollutant
Unit
6-Month Median
Daily Maximum
Instantaneous Maximum
Acute toxicity [4]
TUa
3.9
Ammonia (as N)
mg/L
73,000
290,000
730,000
lbs/day [1]
1,800
7,300
18,000
Cadmium
mg/L
120
490
1,200
lbs/day [1]
3.1
12
31
Chlorinated phenolics
mg/L
120
490
1,200
lbs/day [1]
3.1
12
31
Chromium (hexavalent) [2]
mg/L
240
980
2,400
lbs/day [1]
6.1
24
61
Chronic toxicity [4]
TUc
--
120
--
Endosulfan
mg/L
1.1
2.2
3.3
lbs/day [1]
0.027
0.055
0.082
Endrin
mg/L
0.24
0.49
0.73
lbs/day [1]
0.0061
0.012
0.018
HCH
mg/L
0.49
0.98
1.5
lbs/day [1]
0.012
0.024
0.037
Lead
mg/L
240
980
2,400
lbs/day [1]
6.1
24
61
Mercury
mg/L
4.8
19
49
lbs/day [1]
0.12
0.49
1.2
Phenolic compound (non-chlorinated)
mg/L
3,700
15,000
37,000
lbs/day [1]
92
370
920
Radioactivity
--
Not to exceed limits specified in Cal. Code of Regulations, Title 22, Division 4, Chapter 15, Article 5, § 64443
Silver
mg/L
66
320
830
lbs/day [1]
1.7
8.1
21
Total residual chlorine [3]
mg/L
240
980
7,300
lbs/day [1]
6.1
24
180
1 Mass limitations are based on 3.0 MGD maximum effluent flow.
2 The Discharger may at its option meet this objective as a total chromium objective.
3 Water quality objectives for total chlorine residual applying to intermittent discharges not exceeding two hours shall be determined using the following equation:
 
logy = -0.43(Iogx) + 1.8 where: y = the water quality objective (in mg/L) to apply when chlorine is being discharged; and
x = the duration of uninterrupted chlorine discharge in minutes.
 
The applicable effluent limitation must then be determined using equation number 1 from the ocean plan.
4 See Attachment A for applicable definitions.
 
Table 6. Effluent Limitations for the Protection of Human Health (Non-Carcinogens)
Pollutant
Unit
30-Day Average
Pollutant
Unit
30-Day Average
2,4-Dinitrophenol
mg/L
490
lbs/day [1]
12
2-Methyl-4,6-Dinitrophenol
mg/L
27,000
lbs/day [1]
670
1,1,1-Trichloroethane
mg/L
66,000,000
lbs/day [1]
1,600,000
Acrolein
mg/L
27,000
lbs/day [1]
670
Bis (2-Chloroethoxy) methane
mg/L
540
lbs/day [1]
13
Bis (2-Chloroisopropyl) ether
mg/L
150,000
lbs/day [1]
3,700
Chlorobenzene
mg/L
70,000
lbs/day [1]
1,700
Di-n-Butyl phthalate
mg/L
430,000
lbs/day [1]
11,000
Dichiarobenzenes
mg/L
620,000
lbs/day [1]
16,000
Diethyl phthalate
mg/L
4,000,000
lbs/day [1]
100,000
Dimethyl phthalate
mg/L
100,000,000
lbs/day [1]
2,500,000
Ethylbenzene
mg/L
500,000
lbs/day [1]
13,000
Fluoranthene
mg/L
1,800
lbs/day [1]
46
Hexachlorocyclopentadiene
mg/L
7,100
lbs/day [1]
180
Nitrobenzene
mg/L
500
lbs/day[ 1]
15
Thallium
mg/L
240
lbs/day [1]
6.1
Tributylin
mg/L
0.17
lbs/day [1]
0.0043
1 Mass limitations are based on 3.0 MGD maximum effluent flow.
 
Table 7. Effluent Limitations for the Protection of Human Health (Carcinogens)
Pollutant
Unit
30-Day Average
Pollutant
Unit
30-Day Average
Acrylonitrile
mg/L
12
lbs/day [1]
0.31
Aldrin
mg/L
0.0027
lbs/day [1]
0.000067
Benzene
mg/L
720
lbs/day [1]
18
Benzidine
mg/L
0.0084
lbs/day [1]
0.00021
Beryllium
mg/L
4.0
lbs/day [1]
0.10
Bis (2-Chloroethyl) ether
mg/L
5.5
lbs/day [1]
0.14
Bis (2-Ethylhexyl) phthalate
mg/L
430
lbs/day [1]
11
Carbon tetrachloride
mg/L
110
lbs/day [1]
2.7
Chlordane
mg/L
0.0028
lbs/day [1]
0.000070
DDT (total)
mg/L
0.021
lbs/day [1]
0.00052
1,4 Dichlorobenzene
mg/L
2,200
lbs/day [1]
55
3,3’ - Dichlorobenzidine
mg/L
0.99
lbs/day [1]
0.025
1,2 - Dichloroethane
mg/L
3,400
lbs/day [1]
85
1,1 - Dichloroethylene
mg/L
110
lbs/day [1]
2.7
Dichloromethane (methylene chloride)
mg/L
55,000
lbs/day [1]
1,400
1,3 - Dichloropropene
mg/L
1,100
lbs/day [1]
27
Dieldrin
mg/L
0.0049
lbs/day [1]
0.00012
2,4 - Dinitrotoluene
mg/L
320
lbs/day [1]
7.9
1,2 - Diphenylhydrazine
mg/L
20
lbs/day [1]
0.49
Halomethanes
mg/L
16,000
lbs/day [1]
400
Heptachlor
mg/L
0.0061
lbs/day [1]
0.00015
Heptachlor epoxide
mg/L
0.0024
lbs/day [1]
0.000061
Hexachlorobenzene
mg/L
0.026
lbs/day [1]
0.00064
Hexachlorobutadiene
mg/L
1,700
lbs/day [1]
43
Hexacloroethane
mg/L
310
lbs/day [1]
7.6
Isophorone
mg/L
89,000
lbs/day [1]
2,200
N - Nitrosodimethylamine
mg/L
890
lbs/day [1]
22
N - Nitrosodi-n-propylamine
mg/L
46
lbs/day [1]
1.2
N - Nitrosodiphenylamine
mg/L
310
lbs/day [1]
7.6
PAHs (total)
mg/L
1.1
lbs/day [1]
0.027
PCBs
 
mg/L
0.0023
lbs/day [1]
0.000058
TCDD equivalents
mg/L
4.8E-07
lbs/day [1]
1.2E-08
1,1,2,2 - Tetrachloroethane
mg/L
280
lbs/day [1]
7.00
Tetrachloroethylene
mg/L
240
lbs/day [1]
6.1
Toxaphene
mg/L
0.026
lbs/day [1]
0.00064
Trichloroethylene
mg/L
3,300
lbs/day [1]
82
1,1,2 - Trichloroethane
mg/L
1,100
lbs/day [1]
29
2,4,6 - Trichlorophenol
mg/L
35
lbs/day [1]
0.89
Vinyl chloride
mg/L
4,400
lbs/day [1]
110
1 Mass limitations are based on 3.0 MGD maximum effluent flow.
 
c.   Percent Removal: The average monthly percent removal of BODs and TSS shall not be less than 85%.
d.   Initial Dilution: The minimum initial dilution of treated effluent at the point of discharge to Carmel Bay shall not be less than 121 to 1 (seawater to effluent) at any time.
e.   Dry Weather Flow: Effluent daily dry weather flow shall not exceed a monthly average of 3.0 MGD.
VIII.   Public Participation
The Central Coast Water Board considered the issuance of waste discharge requirements (WDRs) that serve as a National Pollutant Discharge Elimination System (NPDES) permit for the Carmel Area Wastewater District Wastewater Treatment Facility. As a step in the WDR adoption process, Central Coast Water Board staff developed tentative WDRs. The Central Coast Water Board encouraged public participation in the WDR adoption process.
   A.   Notification of Interested Parties
The Central Coast Water Board notified the Discharger and interested agencies and persons of its intent to prescribe waste discharge requirements for the discharge and provided them with an opportunity to submit written comments and recommendations. Notification was provided through publication in the local newspaper, the Monterey Herald, posting at the Facility and Discharger offices, and/or publication on the Discharger’s and Water Board’s website.
   B.   Written Comments
Staff received two written comments solely from the Monterey Bay National Marine Sanctuary on March 3, 2014. Those comments are summarized, along with staff’s response to the comments, as follows:
1.   The MBNMS requested improvements to the map on page B-1.
Staff Response: Improvements were made to the map on page B-1.
2.   The MBNMS requested that CAWD immediately notify the MBNMS office in the event spills enter ocean waters.
Staff Response: A requirement for CAWD to notify the MBNMS office in the event spills enter ocean waters is included on page E-17.
C.   Public Hearing
The Central Coast Water Board held a public hearing on the tentative WDRs during its regular Board meeting on the following date and time and at the following location:
Date:      May 22, 2014
Time:      8:30 a.m. 
Location:   Central Coast Water Board
895 Aerovista Place, Suite 101
San Luis Obispo, CA 93401
Interested persons were invited to attend. At the public hearing, the Central Coast Water Board placed this permit on the consent calendar, as there was no objection by the Discharger or the public.
      D.   Reconsideration of Waste Discharge Requirements
Any person affected by the action of the Central Coast Water Board to adopt this Order may petition the State Water Resources Control Board (State Water Board) to review the action in accordance with Water Code § 13320 and California Code of Regulations, title 23, § 2050. Information for filing a petition will be provided upon request to the State Water Board. Any person affected by this Order may also request the Central Coast Water Board to reconsider the Order. To be timely, such request must be made within 30 days of the date of this Order. Note that even if reconsideration by the Central Coast Water Board is sought, filing a petition with the State Water Board within the time is necessary to preserve the petitioners legal rights. If the Discharger chooses to request reconsideration of this Order or file a petition with the State Water Board, the Discharger must comply with the Order while the request for reconsideration and/or petition is being considered. The petition must be submitted within 30 days of the Central Coast Water Board’s action to the following address:
State Water Resources Control Board
Office of Chief Counsel
P.O. Box 100, 1001 I Street
Sacramento, CA 95812-0100
      E.   Information and Copying
The Report of Waste Discharge, other supporting documents, and comments received are on file and may be inspected at the address above at any time between 8:00 a.m. and 5:00 p.m., Monday through Friday. Copying of documents may be arranged through the Central Coast Water Board by calling (805) 549-3147.
      F.   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 Central Coast Water Board, reference this facility, and provide a name, address, and phone number.
      G.   Additional Information
Requests for additional information or questions regarding this Order should be directed to Peter van Langen at (805) 549-3688 or pvonlangen@waterboards.ca.gov.
(Ord. 2022-02, passed 3-31-2022)