The Regional Board Staff – Charles Reed, John Short, and sheryl Shaffner did a very good job of presenting and defending their proposed permit.
Doug Eberhardt (EPA) and Mike Lozeau did a excellent job representing issues and limitations related to the permit.
The NPDES was adopted by the Board, in total, and then ameded with the following exceptions related to the three basic outstanding issues:
1) Monitoring at point of discharge – The City of Santa Rosa may submit an alternative monitoring plan within 180 of adoption of the permit. The RB EO has 90 days to accept, reject, or work out modifications of any proposed alternative minitoring plan. Then, the City must implement in 90 days.
2) Sanitary Sewer Overflows prohibition – remains in the permit in original form
3) Biostimulant Limitations – Revision of language with Alternative (g) – reopening language
(g) The Discharge can complete a study justifying alternative final numerical limitation that demonstrates, if alternative limitations are allowed, will not violate recieiving water standards – violate water quality objectives for the Laguna. The RB can reopen the order and make modifications.
(g) Existing water quality effluent limitations for biostimulants will stand. Such limitations may be adjusted by TMDL findings. “No net loading” effluent limitations can be met by; 1) reducing effluent concentrations, 2) reducing loads through recycling, 3) reducing loads by offset trading with other sources. This reopener is attached to the completion of the above mentioned study.
4) The Board gave staff direction to start moving on the TMDL for the Laguna. This may settle or adjust some issue.
Thus, the future of the NPDES is attached to the TMDL for the Laguna and the Russian River
In the interim, mass loading limits are in force. I am not sure about the final limitation. Historic inputs of 270,000 pounds of N and 48,000 pounds of P seem like a lot – while the City of Santa Rosa continues to deny that nutrients are impacting the Laguna. Under the NPDES permit, compliance with Water Quality Objectives are mandated to occur in 5 years. The EPA may agree with the above noted changes – or – they may indicate and require some changes.