Lehigh Permanente Quarry Reclamation Plan Amendment Conditions of Approval Compliance 2018-2019 Annual Report Information Package

Lehigh Hanson Heidelberg Cement Group
2019-10-01
Lehigh Southwest Cement Company

Lehigh Southwest Cement Company

24001 Stevens Creek Blvd.

Cupertino, CA 95014

October 1, 2019

 

Mr. Rob Salisbury

Department of Planning and Development

Land Development and Engineering

70 W. Hedding Street

San Jose, CA 95110

 

RE: Lehigh Southwest Cement Company—Permanente Quarry

Reclamation Plan, Conditions of Approval

Annual Compliance Report, 2018 - 2019

 

Dear Mr. Salisbury:

Enclosed please find the above-referenced annual report for Lehigh Quarry operations.

Please do not hesitate to contact me at 408-996-4233 if you have questions or comments.

Sincerely,

Tressa Jackson

Area Environmental Manager

 

 

Lehigh Permanente Quarry

Reclamation Plan Amendment Conditions of

Approval Compliance

2018-2019 Annual Report Information

Package

SANTA CLARA COUNTY, CALIFORNIA

Prepared By:

Lehigh Hanson HEIDELBERGCEMENT Group

 

Lehigh Southwest Cement Co.

24001 Stevens Creek Blvd.

Cupertino CA, 95014-5659

 

Contact:

Tressa Jackson

Tressa.Jackson@LehighHanson.com

Date: October 1, 2019

 

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TABLE OF CONTENTS

ANNUAL REPORT COA STATUS REPORTING TABLE

APPENDIX A - 2018-2019 COMPLIANCE ACTIONS AND BMP STATUS REPORT

APPENDIX B - 2018-2019 EROSION CONTROL INSPECTION REPORTS

APPENDIX C - RECLAMATION PLAN AMENDMENT AND FINAL CONDITIONS OF APPROVAL ANNUAL

WORKER TRAINING

APPENDIX D - WATER QUALITY MONITORING MEMO

APPENDIX E - STORMWATER POLLUTION PREVENTION PLAN

APPENDIX F - ANNUAL GREENHOUSE GAS INVENTORY REPORT

APPENDIX G - MAPS OF PAST 24 MONTHS SURFACE MINING AND RECLAMATION ACTIVITY AND

FUTURE 24 MONTHS ESTIMATED ACTIVITY

APPENDIX H - IMPROVED RECLAMATION PLAN BOUNDARY DEMARCATION MEMO

APPENDIX I – FINANCIAL ASSURANCE COST ESTIMATE

APPENDIX J – AMENDED NPDES PERMIT

 

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Appendix A: 2018-2019 Compliance

Actions and BMP Status Report

EXECUTIVE SUMMARY

The purpose of this report is to document the stormwater and erosion control actions that have been completed to comply with the requirements of the Conditions of Approval (COAs) for the Permanente Quarry Reclamation Plan Amendment (RPA) during the period of July 1, 2018 to June 30, 2019.

Between July 1, 2018 and June 30, 2019, Lehigh Hanson completed several actions that

ensured compliance with various COAs at the Quarry. This report lists those actions

completed and previously reported to Santa Clara County (County) and describes those

actions that have been initiated, and/or completed since the last submittal (October 1, 2018).

Actions include installation of erosion control Best Management Practices (BMPs) in order to

prevent soil erosion in areas of topsoil stockpiling; maintenance and repair of previously

installed BMPs; and the diversion of stormwater runoff to containment basins. Figures

depicting erosion control BMP installations and compliance activities from the 2018-2019

reporting year are provided in Appendix A. Further actions are ongoing as required by the RPA and COAs.

2

TABLE OF CONTENTS

1.0 INTRODUCTION ..................................................................................................................... 3

2.0 PURPOSE ............................................................................................................................... 3

3.0 REPORTING REQUIREMENTS ............................................................................................. 3

4.0 COMPLIANCE ACTIONS........................................................................................................ 3

4.1 Compliance Actions Reported in Previous Submittals...................................................... 3

4.2 Compliance Actions Completed Since 2017-2018 Annual Report Submittal................... 3

4.3 Planned Future Compliance Actions................................................................................. 4

4.3.1 Planned Hydroseeding .................................................................................. 4

4.3.2 Potential BMP Removal................................................................................. 4

5.0 SUMMARY............................................................................................................................... 4

3

1.0 INTRODUCTION

The RPA for Lehigh Permanente Quarry (Quarry) located at 24001 Stevens Creek Boulevard, in

unincorporated Santa Clara County, amends and supersedes the previously approved 1985

Permanente Quarry Reclamation Plan for a 20-year period to satisfy the reclamation

requirements of the Surface Mining and Reclamation Act (SMARA) of 1975. The

RPA encompasses 1,238.7 acres within the Mine Operator’s 3,510-acre ownership.

Reclamation activities are being implemented in three phases over an estimated 20-year

period. The Quarry is currently in Phase I, which involves reclamation activities in the East

Material Storage Area (EMSA) and the Permanente Creek Restoration Area (PCRA) and

continuation of existing mining activities in the Western Material Storage Area (WMSA) and

Quarry Pit.

2.0 PURPOSE

The purpose of this compliance actions report is to document the stormwater and erosion

control actions that have been completed to comply with the requirements of the Santa Clara

County Conditions of Approval (COAs), approved by the Planning Commission, June 7, 2012

and modified by the Board of Supervisors on June 26, 2012. This compliance actions report

includes those actions that have been ongoing or completed since the last submittal and refer to

past actions submitted in previous reports.

3.0 REPORTING REQUIREMENTS

Generally, the COAs call for an annual report to be completed by the County by December 1 of

the year and for the mine operator, Lehigh Hanson (Lehigh), to present all data and compliance

actions to the County by October 1. To inform the annual report, Lehigh wishes to present a

report of the stormwater and erosion control actions carried out to date in order to comply with

the COAs. This report will serve to provide a record to the County and track the reclamation

actions that have been completed to date.

4.0 COMPLIANCE ACTIONS

4.1 Compliance Actions Reported in Previous Submittals

Stormwater and erosion control actions taken to address COA compliance began immediately

after RPA finalization in June 2012 and continue to present. Actions taken to address COA

compliance are required to be reported annually as per COA #8. Lehigh has submitted annual

reports of COA compliance actions as required per COA #8.

4.2 Compliance Actions Completed Since 2017-2018 Annual Report Submittal

All erosion control BMPs previously reported from previous annual reports have been

maintained and repaired as needed. Lehigh has worked with WRA, GEI, ECI (Ecological

Concerns Inc.) and Liberty Industrial to maintain effective and timely BMP management. To date,

only BMPs that have been deemed entirely non-essential have been removed or left in place.

As per COA #33, sedimentation basins are routinely inspected and cleaned of vegetation and

sediment, when necessary, to maintain good condition and proper function.􀀃Hydroseeding was

applied to areas in the Rock plant, EMSA and the Yeager Yard (see attached memo). From July

2018 - June 2019, approximately 75 cubic yards of silt was cleaned out from the silting basin in

WMSA & Rock plant areas. The silt was deposited in WMSA.

4

4.3 Planned Future Compliance Actions

Beyond the routine inspection and maintenance of existing BMPs, actions are already planned

to take place during the 2019-2020 reporting year for COA compliance. This is not meant to be a

complete list of next year’s actions and actions taken during the upcoming year will follow the

adaptive management process. Actions to complete or advance the fulfillments of the COAs

that are planned to take place during the 2019-2020 reporting year are described below.

4.3.1 Planned Hydroseeding

In order to comply with COAs #27 and #78b, Lehigh plans to hydroseed all new cleanfill

stockpiles to be used for reclamation and interim reclaimed areas that directly or indirectly drain

to Permanente Creek. Planned hydroseeding areas will receive either the “erosion control seed

mix”.

4.3.2 Potential BMP Removal

Select BMP’s, such as silt fences and straw wattles, are expected to be removed or left in

place, rather than replaced after the 2019-2020 rainy season. BMP inspections will be

performed by Lehigh's Contractor to determine the effectiveness of BMP's and recommend removal or leave in place.

5.0 SUMMARY

During the 2018-2019 reporting year, Lehigh provided dedicated in-house staff to regularly

oversee the erosion control BMPs and their efficacy. Lehigh preemptively addressed any

maintenance or additions needed ahead of storm events, enhancing the ability to comply with

the requirements of the COAs and the RPA in a timely manner. All BMPs and stormwater

controls were fully functional throughout the 2018-2019 rainy season. Monitoring will

continue to take place, and actions will continue to be implemented in all areas to keep within

compliance.

 

BMP Status Report

2019

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Lehigh Southwest Cement Company

24001 Stevens Creek Boulevard

Cupertino, California 95014

(408) 996-4000

Memo

To: Ms. Tressa Jackson From: Manjunath Shivalingappa

Copy: NA Date: 09-23-2019

Subject: 2018 Hydroseeding Activity

From October 16 - 24, 2018 Hydroseeding was applied to areas in the Rock plant, EMSA

and the Yeager Yard.

Rock Plant Haul Road – Check dams, wattles installation and hydroseeding using the

approved seed mix. Hydroseeded area: 2 acres.

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Memo to: Ms. Tressa Jackson

09-23-2019

Page 2

EMSA Topsoil Storage – Silt fence installation and hydroseeding using erosion control

seed mix. Hydroseeded area: 5 acres.

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Memo to: Ms. Tressa Jackson

09-23-2019

Page 2

Yeager Yard – Silt fence installation and hydroseeding using the approved seed mix.

Hydroseeded area: 12 acres.

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APPENDIX B:

2018-2019 EROSION CONTROL INSPECTION REPORT

Lehigh Southwest Cement Company

24001 Stevens Creek Boulevard

Cupertino, California 95014

(408) 996-4000

EROSION CONTROL INSPECTION REPORTS

PERMANENTE QUARRY, SANTA CLARA COUNTY, CALIFORNIA

Inspection Reports Included:

• September 2018

• October 2018

• November 2018

• December 2018

• January 2019

• February 2019

• March 2019

• April 2019

• May 2019

• June 2019

• July 2019

• August 2019

 

Memorandum

To: Manjunath Shivalingappa, Lehigh Hanson

CC: Erika Guerra, Lehigh Hanson

From:

Nick Brinton

brinton@wra-ca.com

ext. 1780

Date: October 4, 2018

Subject: Permanente Quarry – September 2018 Erosion Control Inspection

 

Per COA 78 of the Final Conditions of Approval (COA), the Mine Operator shall:

“…regularly inspect all stormwater and erosion controls, especially before and

following qualifying rain events. Inspections shall be documented and periodically

reported. Any violations shall be corrected immediately.” And

“Ensure that all stormwater, erosion, and sediment control BMPs are installed,

inspected, maintained, and repaired under the direction of either a California

certified engineer, geologist, or landscape architect, a registered professional

hydrologist, or a certified erosion control specialist.”

WRA has been actively inspecting stormwater, erosion, and sediment control BMPs in the RPA.

WRA reports monthly on the inspections of the various BMP’s which include:

  • Check dams on the haul roads.
  • Erosion control blankets (i.e. jute netting), straw wattles, and silt fence installations.
  • Berms around where stockpiles are placed.
  • Sedimentation and stormwater collection ponds.
  • Water conveyance berms and ditches.

During the month of September 2018, David Zwick, WRA’s QSD conducted one monthly COA

site inspection at Permanente Quarry. The monthly COA inspection occurred on September 29,

2018 near the end of the month to assure that no unforeseen rain events may occur and affect

results of the inspection. Areas within the Lehigh Permanente Quarry inspected during WRA’s

site visit included:

  • PCRA Subareas up to Pond 13,
  • the East Materials Storage Area (EMSA),
  • Quarry Pit, and
  • West Material Storage Area (WMSA).

The inspection noted that previous deficiencies around Pond 30, had been remedied and were

adequately addressed. The silt fence installed along the road adjacent Pond 30 was repaired. In

addition, the oil and fuel spills within this area were properly cleaned. Within the quarry, where

several slides were observed during the previous inspection, wire backed silt fence was installed

on the downhill slope of Rock Crusher Road to address the deficiencies.

BMP’s around the topsoil pile in the EMSA are inadequate. The erosion control contractor

attempted to repair previously noted deficiencies around the topsoil pile. However, repairs to the

noted deficiencies were not made to the California Stormwater Quality Association (CASQA) BMP

standard; and thus, inadequate. Specifically, the silt fence around the topsoil pile is only partially

keyed in. Erosional gullying was observed in the Yaeger Yard. The County's suggested remedy

to minimize additional gullying was to hydroseed the area but because the rainy season has not

yet occurred, hydroseeding is still on hold.

New observed deficiencies included silt fences within the EMSA around topsoil piles, within or

beyond capacity. Material within silt fences should not accumulate to beyond 50% of the height

of the silt fence. During the time of the inspection, silt fences were observed at 60% to 85% of

the height of the silt fence. Accumulated material should be removed, or new fencing installed.

The September inspection occurred during the dry season. No qualifying rain events (>0.25

inches of rain in 24 hours) and no rainfall of any amount was recorded.

WRA will continue to perform monthly site inspections to ensure that any deficiencies that develop

in existing erosion control materials are addressed and fixed in a timely manner.

 

Memorandum

To: Manjunath Shivalingappa, Lehigh Hanson

CC: Erika Guerra, Lehigh Hanson

From:

Nick Brinton

brinton@wra-ca.com

ext. 1780

Date: November 7, 2018

Subject: Permanente Quarry – October 2018 Erosion Control Inspection

Per COA 78 of the Final Conditions of Approval (COA), the Mine Operator shall:

“…regularly inspect all stormwater and erosion controls, especially before and

following qualifying rain events. Inspections shall be documented and periodically

reported. Any violations shall be corrected immediately.” And

“Ensure that all stormwater, erosion, and sediment control BMPs are installed,

inspected, maintained, and repaired under the direction of either a California

certified engineer, geologist, or landscape architect, a registered professional

hydrologist, or a certified erosion control specialist.”

WRA has been actively inspecting stormwater, erosion, and sediment control BMPs in the RPA.

WRA reports monthly on the inspections of the various BMP’s which include:

  • Check dams on the haul roads.
  • Erosion control blankets (i.e. jute netting), straw wattles, and silt fence installations.
  • Berms around where stockpiles are placed.
  • Sedimentation and stormwater collection ponds.
  • Water conveyance berms and ditches.

During the month of October 2018, David Zwick, WRA’s QSD conducted one monthly COA site

inspection at Permanente Quarry. The monthly COA inspection occurred on October 29, 2018

near the end of the month to assure that no unforeseen rain events occurred that may affect

results of the inspection. Areas within the Lehigh Permanente Quarry inspected during WRA’s

site visit included:

  • All PCRA Subareas up to Pond 13,
  • the East Materials Storage Area (EMSA),
  • Quarry Pit, and
  • West Material Storage Area (WMSA).

Hydroseeding and new BMP’s had been installed in two areas since the previous months

inspection. Hydroseeding and new BMPs were installed around top soil stockpiles and

unvegetated slopes located within the EMSA and WMSA. All new BMPs were properly applied

or installed prior to any rain events.

Previously noted deficiencies are still in need of repair including re-keying in of silt fence, or

replacement of filled silt fence around the topsoil pile in the EMSA required to meet the California

Stormwater Quality Association (CASQA) BMP standards. The QSD recommends re-keying the

silt fence, or replacing filled silt fences before the onset of the seasonal rains.

No qualifying rain events (>0.25 inches of rain in 24 hours) and no rainfall of any amount was

recorded in the month of October 2018, therefore no additional pre or post event inspections were

required.

As of October 31, 2018, WRA will no longer be performing monthly site inspections for compliance

with COA 78 at Permanente Quarry.

-1-

 

January 4, 2019

VIA EMAIL: Manjunath.Shivalingappa@LehighHanson.com

Mr. Manjunath Shivalingappa

 

Lehigh Southwest Cement Company

24001 Stevens Creek Boulevard

Cupertino, California 95014

Dear Mr. Shivalingappa:

 

Re: Sediment Control and Best Management Practices (BMPs) Inspections

Lehigh Southwest Cement Company

Cupertino, California

GEI Consultants, Inc. is pleased to submit the November 2018 Sediment Control and BMPs

Inspections Report regarding the erosion controls and Best Management Practices (BMPs) at the

Lehigh Southwest Cement Company plant in support of condition No. 78 items j and l under the

“Hydrology and Water Quality” section of the Final Conditions of Approval from June 7, 2012,

which state that the Mine Operator shall:

“…regularly inspect all storm water and erosion controls, especially before and following

qualifying rain events. Inspections shall be documented and periodically reported. Any

violations shall be corrected immediately.” And,

“Ensure that all storm water, erosion, and sediment control BMPs are installed, inspected,

maintained, and repaired under the direction of either a California certified engineer,

geologist, or landscape architect, a registered professional hydrologist, or a certified

erosion control specialist.”

GEI Consultants, Inc. inspected the existing erosion control and BMPs at the Lehigh Southwest

Cement Company plant before and after the qualifying rain event in November. A qualifying rain

event is defined as “any event that produces 0.5 inches of precipitation or more with a 48-hour or

greater period between rain events.” (Construction General Permit, 2009-0009-DWQ).

The Lehigh Cement Quarry weather station gauge logged a cumulative measurement of 1.9

inches of rain between November 21 and November 24, 2018 resulting in a qualifying event.

During the month of November, approximately 4 inches of rain were measured at the quarry’s

gauge. GEI Consultants performed two field inspections at Lehigh Cement Quarry in November:

November 16, 2018: Monthly Inspection Report

• November Monthly Inspection and Pre-Rain Event Inspection

November 27, 2018: Post-rain Event Inspection Report

• Post-Rain Event Inspection for the November 21 through November 24 rain event.

January 4, 2019

-2-

During these inspections, the BMPs onsite were observed and evaluated for performance. A

summary of the inspection observations and deficiencies observed during the inspections can be

found in the attached Daily Field Reports (DFRs). The attached Site Map depicts the location

where deficiencies were observed.

BMP Deficiencies and Recommendations

The BMP deficiencies observed during the November 2018 inspections are listed on Table 1

below and were assigned a “WORK NEEDED” status in the DFRs.

 

Table 1. BMP Inspection Overview of Deficient Areas

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Review attached DFRs and Site Maps for photos and specific locations

During the November 27 post-rain-event inspection, the BMPs throughout the site remained in

place with no immediate need for repairs. The location of BMPs’ deficiencies identified on

November 16 with a status of “WORK NEEDED” were given a status of “MONITOR FOR

CHANGES” in the November 27 DFR since the repairs were scheduled to take place in

December.

Deterioration of silt fences, especially following rain events, can lead to gaps in the fence

alignment and coverage. We recommend that Lehigh Southwest Cement Company staff regularly

monitor the silt fences and other BMPs identified in the DFRs with a status of “MONITOR FOR

CHANGES” since these BMPs are vulnerable to sedimentation and storm water flows during rain

events and their performance may become compromised.

Table 1 and the recommendations hereby included are intended to be used by Lehigh staff to

monitor the performance of and address the recommended corrective actions to the BMPs.

If you have any questions, please feel free to contact Hugo Velasquez at 510-350-2905 or Faith

Moore at 510-350-2921.

Sincerely,

Faith Moore

Staff Engineer

Hugo Velasquez, P.E., QSD/QSP

Quality Control Engineer

GEI CONSULTANTS, INC.

cc: Mrs. Cindy Davis, Ms. Faith Moore, Mr. Chris Kissick, and Mr. Matt Powers.

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Letters\November_Final_Cover_Letter.docx

GEI Consultants, Inc.

Site Map

 

SITE PLAN

November 2018 Inspections

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Daily Inspection Reports

MONTHLY INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Sediment Control and BMPs

Location: Cupertino, California DATE: November 16, 2018_

Signature: ______________________

Page 1 of 6

GEI PROJECT # 1804336

OWNER: Lehigh Southwest Cement Co. ENGINEER/GEOLOGIST: F. Moore/ H. Velasquez

CLIENT: Lehigh Southwest Cement Co. DAY OF WEEK: Friday

OBSERVATIONS REPORTED TO: TIME ARRVIED: 8:30

Manjunath Shivalingappa TIME DEPARTED: 3:00

DAILY FIELD REPORT NO.: 1 TRAVEL TIME (hours): 2.5

GEI PROJECT MANAGER: Cindy Davis TOTAL TIME (hours): 9

REVIEWED BY: Chong Vang TEMPERATURE: 60s AM 70s PM

DATE REVIEWED: 12/11/2018 WEATHER: ☐ Clear ☐ Rain ☐ Overcast ☐ Fog ☐ Wind ☐ Other: Smoky_

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MONTHLY INSPECTION REPORT

 

PROJECT: Lehigh Permanente Quarry: Inspection of Sediment Control and BMPs

Location: Cupertino, California DATE: November 16, 2018_

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PROJECT: Lehigh Permanente Quarry: Inspection of Sediment Control and BMPs

Location: Cupertino, California DATE: November 27, 2018_

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Signature: ______________________

 

Page 1 of 6

 

GEI PROJECT # 1804336

OWNER: Lehigh Southwest Cement Co. ENGINEER/GEOLOGIST: H. Velasquez

CLIENT: Lehigh Southwest Cement Co. DAY OF WEEK: Friday

OBSERVATIONS REPORTED TO: TIME ARRVIED: 9:00

Manjunath Shivalingappa TIME DEPARTED: 1:30

DAILY FIELD REPORT NO.: 1 TRAVEL TIME (hours): 2.5

GEI PROJECT MANAGER: Cindy Davis TOTAL TIME (hours): 7.0

REVIEWED BY: Chong Vang TEMPERATURE: 50s AM 70s PM

DATE REVIEWED: 12/13/2018 WEATHER: ☐ Clear ☐ Rain ☐ Overcast ☐ Fog ☐ Wind ☐ Other: Smoky_

 

POST-RAIN EVENT INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Sediment Control and BMPs

Location: Cupertino, California

Date: November 27, 2018

 

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Signature: ______________________

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Signature: ______________________

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Signature: ______________________

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Signature: ______________________

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Signature: ______________________

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January 29, 2019

VIA EMAIL: Manjunath.Shivalingappa@LehighHanson.com

Mr. Manjunath Shivalingappa

Lehigh Southwest Cement Company–Permanente Plant

24001 Stevens Creek Boulevard

Cupertino, California 95014

Dear Mr. Shivalingappa:

Re: Erosion and Sediment Control Best Management Practices (BMPs) Inspections

December 2018 Monthly Report

Lehigh Southwest Cement Company–Permanente Plant

Cupertino, California

GEI Consultants, Inc. is pleased to submit the December 2018 Erosion and Sediment Control

Best Management Practices (BMPs) Inspections Report regarding the implementation of BMPs at

the Lehigh Southwest Cement Company plant in support of condition No. 78 items j and l under

the “Hydrology and Water Quality” section of the Final Conditions of Approval from June 7,

2012, which state that the Mine Operator shall:

“…regularly inspect all storm water and erosion controls, especially before and following

qualifying rain events. Inspections shall be documented and periodically reported. Any

violations shall be corrected immediately.” And,

“Ensure that all storm water, erosion, and sediment control BMPs are installed, inspected,

maintained, and repaired under the direction of either a California certified engineer,

geologist, or landscape architect, a registered professional hydrologist, or a certified

erosion control specialist.”

GEI Consultants, Inc. inspected the existing erosion and sediment control BMPs at the Lehigh

Southwest Cement Company plant before and after the qualifying rain events in December. A

qualifying rain event is defined as “any event that produces 0.5 inches of precipitation or more

with a 48-hour or greater period between rain events.” (Construction General Permit, 2009-0009-

DWQ).

The Lehigh Cement Quarry weather station gauge logged a cumulative measurement of

2.14 inches of rain between December 1 and December 25, 2018 that constituted a total of three

(3) qualifying events. GEI Consultants performed two field inspections at Lehigh Cement Quarry

in December:

December 6, 2018: Post-rain Event Inspection Report

• Qualifying Rain Event from December 4 to December 6, 2018: 0.55 inches

• Month-to-date Cumulative Rain as of December 6, 2018: 0.79 inches

January 29, 2019

-2-

December 28, 2018: Post-rain Event Inspection Report

• Qualifying Rain Event from December 16 to December 17, 2018: 0.80 inches

• Qualifying Rain Event from December 24 to December 25, 2018: 0.53 inches

• Month-to-date Cumulative Rain as of December 28, 2018: 2.14 inches

As part of these inspections, the BMPs onsite were observed and evaluated for performance. A

summary of the inspection findings, BMPs’ deficiencies, and recommendations based on the

observations from the inspections can be found in the attached Daily Field Reports (DFRs). A

Site Map detailing the locations where deficiencies were observed is appended to this report.

BMPs Deficiencies and Recommendations

Based on the observations from the December 2018 inspections, BMPs at the Lehigh SW Co.

Permanente Plant are generally in good condition. BMPs identified as deficient in certain

locations were assigned a status of “Work Needed” in the respective Daily Field Report (DFR).

All recommended repairs to address the BMPs’ deficiencies identified during the December 2018

inspections have been addressed and repairs completed.

Deficiencies in BMPs that were assigned a status of “Work Needed” within either of the two

December 2018 Daily Field Reports (DFR) are tracked in Table 1 below. One BMPs deficiency

identified during the November 2018 inspections is also included in Table 1 as repairs were

completed in December 2018. Table 1 presents a brief summary of the locations, status, and

recommendations for areas where deficiencies in the implementation of erosion and sediment

control measures and implementation of BMPs were identified.

 

Table 1. BMPs Inspection Overview of Deficient Areas1

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1 Review attached DFRs and Site Maps for photos and specific locations

2 BMPs deficiency has been addressed and repairs completed. Deficiency will be removed from Table 1 on the January 2019 report.

3 GEI to corroborate repairs during January 2019 inspection.

 

The status column in Table 1 reflects the most recent status identified during the December 2018

inspections by GEI; that is, if repairs were completed during December, the “Work Needed”

status has been superseded by a “Monitor for Changes” or “Good” status. Once repairs are

completed and reported by GEI regarding a particular BMPs deficiency, the deficiency is

removed from the subsequent reports—in this case, no deficiencies from December 2018 will be

included in the January 2019 report as all deficiencies were addressed and repairs completed.

No deficiencies with a status of “Work Needed” remained at the end of December; although, GEI

is to corroborate the completion of repairs during the next inspection in January since the repairs

were documented via e-mail by Lehigh staff.

We recommend that Lehigh Southwest Cement Company staff monitor the silt fences and other

BMPs assigned a status of “MONITOR FOR CHANGES” regularly since these BMPs are

vulnerable to sedimentation and storm water flows during rain events and their performance may

become compromised.

Table 1 and the recommendations hereby included are intended to be used by Lehigh staff to

monitor the condition and performance of erosion and sediment control BMPs, and to address the

recommended corrective actions to the BMPs deficiencies.

If you have any questions, please feel free to contact Hugo Velasquez at 510-350-2905 or Faith

Moore at 510-350-2921.

Sincerely,

Faith Moore

Staff Engineer

Hugo Velasquez, P.E., QSD/QSP

Quality Control Engineer

GEI CONSULTANTS, INC.

cc: Mrs. Cindy Davis, Mr. Chris Kissick, and Ms. Faith Moore.

GEI Consultants, Inc.

 

Site Map

 

SITE PLAN

December 2018 Inspections

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Daily Inspection Reports

MONTHLY INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: December 6, 2018_

Signature:

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GEI PROJECT # 1804336

OWNER: Lehigh Southwest Cement Co. ENGINEER/GEOLOGIST: F. Moore

CLIENT: Lehigh Southwest Cement Co. DAY OF WEEK: Friday

OBSERVATIONS REPORTED TO: TIME ARRVIED: 7:00

Manjunath Shivalingappa TIME DEPARTED: 11:45

DAILY FIELD REPORT NO.: 3 TRAVEL TIME (hours): 2.5

GEI PROJECT MANAGER: Cindy Davis TOTAL TIME (hours): 7.25

REVIEWED BY: Hugo Velasquez TEMPERATURE: 60s AM - PM

DATE REVIEWED: 1/4/2018 WEATHER: ☐ Clear ☐ Rain ☐ Overcast ☐ Fog ☐ Wind ☐ Other: _

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MONTHLY INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: December 6, 2018_

 

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MONTHLY INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: December 28, 2018_

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GEI PROJECT # 1804336

OWNER: Lehigh Southwest Cement Co. ENGINEER/GEOLOGIST: F. Moore

CLIENT: Lehigh Southwest Cement Co. DAY OF WEEK: Friday

OBSERVATIONS REPORTED TO: TIME ARRVIED: 8:00

Manjunath Shivalingappa TIME DEPARTED: 12:30

DAILY FIELD REPORT NO.: 4 TRAVEL TIME (hours): 2.5

GEI PROJECT MANAGER: Cindy Davis TOTAL TIME (hours): 7.0

REVIEWED BY: Hugo Velasquez TEMPERATURE: 60s AM PM

DATE REVIEWED: 1/4/2018 WEATHER: ☐ Clear ☐ Rain ☐ Overcast ☐ Fog ☐ Wind ☐ Other: _

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February 7, 2019

VIA EMAIL: Manjunath.Shivalingappa@LehighHanson.com

Mr. Manjunath Shivalingappa

Lehigh Southwest Cement Company–Permanente Plant

24001 Stevens Creek Boulevard

Cupertino, California 95014

Dear Mr. Shivalingappa:

Re: Erosion and Sediment Control Best Management Practices (BMPs) Inspections

January 2019 Monthly Report

Lehigh Southwest Cement Company–Permanente Plant

Cupertino, California

GEI Consultants is pleased to submit the January 2019 Erosion and Sediment Control Best

Management Practices (BMPs) Inspection Report regarding the implementation of BMPs at the

Lehigh Southwest Cement Company plant in support of condition No. 78 items j and l under the

“Hydrology and Water Quality” section of the Final Conditions of Approval from June 7, 2012,

which state that the Mine Operator shall:

“…regularly inspect all storm water and erosion controls, especially before and following

qualifying rain events. Inspections shall be documented and periodically reported. Any

violations shall be corrected immediately.” And,

“Ensure that all storm water, erosion, and sediment control BMPs are installed, inspected,

maintained, and repaired under the direction of either a California certified engineer,

geologist, or landscape architect, a registered professional hydrologist, or a certified

erosion control specialist.”

GEI Consultants inspected the existing erosion and sediment control BMPs at the Lehigh

Southwest Cement Company plant before and after the qualifying rain events in January. A

qualifying rain event is defined as “any event that produces 0.5 inches of precipitation or more

with a 48-hour or greater period between rain events” (Construction General Permit, 2009-0009-

DWQ).

The Lehigh Cement Quarry weather station logged a cumulative measurement of 7.87 inches of

rain between January 1 and January 22 accounting for three qualifying rain events. The total

cumulative rainfall logged at the Lehigh Quarry weather station in January is 8.49 inches. GEI

Consultants performed one field inspection at the Lehigh Cement Quarry in January:

January 22, 2019: Monthly Inspection and Post-rain Event Inspection Report

• Qualifying Rain Event from January 5 to January 11, 2019: 3.41 inches

• Qualifying Rain Event from January 14 to January 17, 2019: 3.96 inches

• Qualifying Rain Event from January 20 to January 21, 2019: 0.5 inches

February 7, 2019

-2-

As part of this inspection, the BMPs onsite were observed and evaluated for performance. A

summary of the inspection findings, BMPs’ deficiencies, and recommendations based on the

observations from the inspection can be found in the attached Daily Field Report (DFR). A Site

Map detailing the location of the BMPs’ deficiencies observed is included with this report.

BMPs Deficiencies and Recommendations

Based on the observations from the January 2019 inspection, BMPs at the Lehigh SW Co.

Permanente Plant are generally in good condition. BMPs identified as deficient were assigned a

status of “Work Needed” in the DFR. All repairs associated with deficiencies from December

2018 had been completed. Recommendations of repairs to address the BMPs’ deficiencies and

other vulnerabilities identified during the January 2019 inspection are included in the DFR.

Deficiencies in BMPs that were assigned a status of “Work Needed” in the January 2019 monthly

inspection DFR are tracked in Table 1 below. Two BMPs’ deficiencies were identified during the

inspection on January 22. Table 1 presents a brief summary of the location, status, and

recommendations for the areas where the deficiencies in the implementation of erosion and

sediment control BMPs were identified.

 

Table 1. BMPs Inspection Overview of Deficient Areas1

Formula Placeholder

1 Review attached DFR and Site Map for photos and specific locations

 

 

We recommend that Lehigh Southwest Cement Company staff monitor the silt fences and other

BMPs assigned a status of “MONITOR FOR CHANGES” regularly since these BMPs are

vulnerable to sedimentation and storm water flows during rain events and their performance may

become compromised.

Table 1 and the recommendations hereby included are intended to be used by Lehigh staff to

monitor the condition and performance of erosion and sediment control BMPs, and to address the

recommended corrective actions to the BMPs’ deficiencies.

February 7, 2019

-3-

If you have any questions, please feel free to contact Hugo Velasquez at (510) 350-2905 or Chris

Kissick at (916) 631-4527.

Sincerely,

Hugo Velasquez, P.E., QSP

Project Engineer

Chris Kissick, P.E., QSD/QSP

Quality Control Engineer

GEI CONSULTANTS, INC.

cc: Mrs. Cindy Davis, Mr. Chris Kissick, and Ms. Faith Moore.

GEI Consultants, Inc.

 

Site Map

 

SITE MAP

January 2019 Inspection

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Daily Inspection Report

 

MONTHLY AND POST-RAIN-EVENT INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: January 22, 2019 _

Signature:

Page 1 of 11

GEI PROJECT # 1804336

OWNER: Lehigh Southwest Cement Co. ENGINEER/GEOLOGIST: Hugo Velasquez

CLIENT: Lehigh Southwest Cement Co. DAY OF WEEK: Tuesday

OBSERVATIONS REPORTED TO: TIME ARRVIED: 7:00

Manjunath Shivalingappa TIME DEPARTED: 11:30

DAILY FIELD REPORT NO.: 5 TRAVEL TIME (hours): 2.5

GEI PROJECT MANAGER: Cindy Davis TOTAL TIME (hours): 7.0

REVIEWED BY: Chris Kissick TEMPERATURE: 40s-50s AM - PM

DATE REVIEWED: 02/05/2019 WEATHER: ☐ Clear ☐ Rain ☐ Overcast ☐ Fog ☐ Wind ☐ Other:_____

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MONTHLY AND POST-RAIN-EVENT INSPECTION REPORT

PROJECT: Lehigh Permanent Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California

Date: January 22, 2019

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-1-

March 19, 2019

VIA EMAIL: Manjunath.Shivalingappa@LehighHanson.com

Mr. Manjunath Shivalingappa

Lehigh Southwest Cement Company–Permanente Plant

24001 Stevens Creek Boulevard

Cupertino, California 95014

Dear Mr. Shivalingappa:

Re: Erosion and Sediment Control Best Management Practices (BMPs) Inspections

February 2019 Monthly Report

Lehigh Southwest Cement Company–Permanente Plant

Cupertino, California

GEI Consultants is pleased to submit the February 2019 Erosion and Sediment Control Best

Management Practices (BMPs) Inspection Report regarding the implementation of BMPs at the

Lehigh Southwest Cement Company plant in support of condition No. 78 items j and l under the

“Hydrology and Water Quality” section of the Final Conditions of Approval from June 7, 2012,

which state that the Mine Operator shall:

“…regularly inspect all storm water and erosion controls, especially before and following

qualifying rain events. Inspections shall be documented and periodically reported. Any

violations shall be corrected immediately.” And,

“Ensure that all storm water, erosion, and sediment control BMPs are installed, inspected,

maintained, and repaired under the direction of either a California certified engineer,

geologist, or landscape architect, a registered professional hydrologist, or a certified

erosion control specialist.”

GEI Consultants inspected the existing erosion and sediment control BMPs at the Lehigh

Southwest Cement Company plant before and after the qualifying rain events in February. A

qualifying rain event is defined as “any event that produces 0.5 inches of precipitation or more

with a 48-hour or greater period between rain events” (Construction General Permit, 2009-0009-

DWQ).

The Lehigh Cement Quarry weather station logged a cumulative measurement of 12.6 inches of

rain between February 1 and February 28 accounting for four qualifying rain events. GEI

Consultants performed two field inspections at the Lehigh Cement Quarry in February:

February 8, 2019: Post-rain Event Inspection Report

• Qualifying Rain Event from February 1 to February 5, 2019: 4.4 inches

March 19, 2019

-2-

February 25, 2019: Monthly Inspection and Post-rain Event Inspection Report

• Qualifying Rain Event from February 8 to February 10, 2019: 1.4 inches

• Qualifying Rain Event from February 12 to February 17, 2019: 5.5 inches

• Qualifying Rain Event from February 26 to February 27, 2019: 1.25 inches

As part of these inspections, the BMPs onsite were observed and evaluated for performance. A

summary of the inspection findings, BMPs’ deficiencies, and recommendations based on the

observations from the inspections can be found in the attached Daily Field Reports (DFRs). A

Site Map detailing the location of the BMPs’ deficiencies observed is included with this report.

BMPs Deficiencies and Recommendations

Based on the observations from the February 2019 inspections, BMPs at the Lehigh SW Co.

Permanente Plant are generally functional. BMPs identified as deficient were assigned a status of

“Work Needed” in the DFRs. Some repairs associated with deficiencies identified in January

2019 had not been completed due to the continuing rainfall and the potential impact of earthwork

in these conditions. Recommendations of repairs to address the BMPs’ deficiencies and other

vulnerabilities identified during the February 2019 inspections are included in the DFRs.

Deficiencies in BMPs that were assigned a status of “Work Needed” in the February 2019

inspection DFRs are tracked in Table 1 below. Two BMPs’ deficiencies were identified during

the inspections in January 2019 which we continue to track since they had not been addressed in

whole. Table 1 presents a brief summary of the location, status, and recommendations for the

areas where the deficiencies in the implementation of erosion and sediment control BMPs were

identified.

 

Table 1. BMPs Inspection Overview of Deficient Areas1

Formula Placeholder

1 Review attached DFR and Site Map for photos and specific locations

 

We recommend that Lehigh Southwest Cement Company staff monitor the silt fences and other

BMPs assigned a status of “MONITOR FOR CHANGES” regularly since these BMPs are

vulnerable to sedimentation and storm water flows during rain events and their performance may

become compromised.

Table 1 and the recommendations hereby included are intended to be used by Lehigh staff to

monitor the condition and performance of erosion and sediment control BMPs, and to address the

recommended corrective actions to the BMPs’ deficiencies.

If you have any questions, please feel free to contact Hugo Velasquez at (510) 350-2905 or Chris

Kissick at (916) 631-4527.

Sincerely,

Hugo Velasquez, P.E., QSP

Project Engineer

Chris Kissick, P.E., QSD/QSP

Quality Control Engineer

GEI CONSULTANTS, INC.

cc: Mrs. Cindy Davis, Mr. Chris Kissick, and Ms. Faith Moore.

GEI Consultants, Inc.

 

Site Map

 

SITE MAP

 

February 2019 Inspections

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Daily Inspection Reports

 

POST-RAIN-EVENT INSPECTION REPORT

 

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: February 8, 2019 _

Signature:

Page 1 of 6

GEI PROJECT # 1804336

OWNER: Lehigh Southwest Cement Co. ENGINEER/GEOLOGIST: Hugo Velasquez

CLIENT: Lehigh Southwest Cement Co. DAY OF WEEK: Friday

OBSERVATIONS REPORTED TO: TIME ARRVIED: 8:00

Manjunath Shivalingappa TIME DEPARTED: 10:00

DAILY FIELD REPORT NO.: 6 TRAVEL TIME (hours): 3.0

GEI PROJECT MANAGER: Cindy Davis TOTAL TIME (hours): 5.0

REVIEWED BY: Chris Kissick TEMPERATURE: 40s-50s AM - PM

DATE REVIEWED: 03/18/2019 WEATHER: ☐ Clear ☐ Rain ☐ Overcast ☐ Fog ☐ Wind ☐ Other:_____

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POST-RAIN-EVENT INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: February 8, 2019 _

 

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MONTHLY AND POST-RAIN-EVENT INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: February 25, 2019 _

Signature:

Page 1 of 9

GEI PROJECT # 1804336

OWNER: Lehigh Southwest Cement Co. ENGINEER/GEOLOGIST: Hugo Velasquez

CLIENT: Lehigh Southwest Cement Co. DAY OF WEEK: Monday

OBSERVATIONS REPORTED TO: TIME ARRVIED: 8:00

Manjunath Shivalingappa TIME DEPARTED: 11:00

DAILY FIELD REPORT NO.: 7 TRAVEL TIME (hours): 2.5

GEI PROJECT MANAGER: Cindy Davis TOTAL TIME (hours): 5.5

REVIEWED BY: Chris Kissick TEMPERATURE: 40s-50s AM - PM

DATE REVIEWED: 03/18/2019 WEATHER: ☐ Clear ☐ Rain ☐ Overcast ☐ Fog ☐ Wind ☐ Other:_____

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MONTHLY AND POST-RAIN-EVENT INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: February 25, 2019 _

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-1-

April 22, 2019

VIA EMAIL: Manjunath.Shivalingappa@LehighHanson.com

Mr. Manjunath Shivalingappa

Lehigh Southwest Cement Company–Permanente Plant

24001 Stevens Creek Boulevard

Cupertino, California 95014

Dear Mr. Shivalingappa:

Re: Erosion and Sediment Control Best Management Practices (BMPs) Inspections

March 2019 Monthly Report

Lehigh Southwest Cement Company–Permanente Plant

Cupertino, California

GEI Consultants is pleased to submit the March 2019 Erosion and Sediment Control Best

Management Practices (BMPs) Inspection Report regarding the implementation of BMPs at the

Lehigh Southwest Cement Company plant in support of condition No. 78 items j and l under the

“Hydrology and Water Quality” section of the Final Conditions of Approval from June 7, 2012,

which state that the Mine Operator shall:

“…regularly inspect all storm water and erosion controls, especially before and following

qualifying rain events. Inspections shall be documented and periodically reported. Any

violations shall be corrected immediately.” And,

“Ensure that all storm water, erosion, and sediment control BMPs are installed, inspected,

maintained, and repaired under the direction of either a California certified engineer,

geologist, or landscape architect, a registered professional hydrologist, or a certified

erosion control specialist.”

GEI Consultants inspected the existing erosion and sediment control BMPs at the Lehigh

Southwest Cement Company plant before and after the qualifying rain events in March. A

qualifying rain event is defined as “any event that produces 0.5 inches of precipitation or more

with a 48-hour or greater period between rain events” (Construction General Permit, 2009-0009-

DWQ).

The Lehigh Cement Quarry weather station logged a cumulative measurement of 3.77 inches of

rain between March 1 and March 29 accounting for three qualifying rain events. GEI Consultants

performed two field inspections at the Lehigh Cement Quarry in March:

March 11, 2019: Post-rain Event Inspection Report

• Qualifying Rain Event from March 2 to March 3, 2019: 0.68 inches

o Storm event was a continuation of the storm event that began on February 26 and

which accounted for a total of 2.03 inches. 1.35 inches of rain were recorded

from February 26 and February 28.

April 22, 2019

-2-

March 28, 2019: Monthly Inspection and Post-rain Event Inspection Report

• Qualifying Rain Event from March 5 to March 10, 2019: 1.62 inches

• Qualifying Rain Event from March 25 to March 29, 2019: 1.07 inches

As part of these inspections, the BMPs onsite were observed and evaluated for performance. A

summary of the inspection findings, BMPs’ deficiencies, and recommendations based on the

observations from the inspections can be found in the attached Daily Field Reports (DFRs). A

Site Map detailing the location of the BMPs’ deficiencies observed is included with this report.

BMPs Deficiencies and Recommendations

Based on the observations from the March 2019 inspections, BMPs at the Lehigh SW Co.

Permanente Plant are generally functional and, collectively, in good condition. BMPs identified

as deficient were assigned a status of “Work Needed” in the DFRs. Some repairs associated with

deficiencies identified in February 2019 at the Rock Plant were under construction at the time of

the March inspections. These repairs resulted from sediment and debris clogging the sediment

basin discharge pipe line. Recommendations of repairs to address the BMPs’ deficiencies and

other vulnerabilities identified during the March 2019 inspections are included in the DFRs.

Deficiencies in BMPs that were assigned a status of “Work Needed” in the March 2019

inspection DFRs are tracked in Table 1 below. Two BMPs’ deficiencies were identified during

the inspections in February 2019 which we continue to track since they had not been addressed in

whole. Table 1 presents a brief summary of the location, status, and recommendations for the

areas where the deficiencies in the implementation of erosion and sediment control BMPs were

identified.

 

Table 1. BMPs Inspection Overview of Deficient Areas1

Formula Placeholder

1 Review attached DFR and Site Map for photos and specific locations

 

 

We recommend that Lehigh Southwest Cement Company re-establish BMPs that are to remain

functional throughout the plant at the end of the rainy season. We recommend that Lehigh

Cement Co. continue to monitor the silt fences and other BMPs assigned a status of “MONITOR

FOR CHANGES” year-round, beyond the rainy season.

Table 1 and the recommendations hereby included are intended to be used by Lehigh staff to

monitor the condition and performance of erosion and sediment control BMPs, and to address the

recommended corrective actions to the BMPs’ deficiencies.

If you have any questions, please feel free to contact Hugo Velasquez at (510) 350-2905 or Chris

Kissick at (916) 631-4527.

Sincerely,

Hugo Velasquez, P.E., QSP

Project Engineer

Chris Kissick, P.E., QSD/QSP

Quality Control Engineer

GEI CONSULTANTS, INC.

cc: Mrs. Cindy Davis, Mr. Chris Kissick, and Ms. Faith Moore.

GEI Consultants, Inc.

 

Site Map

 

SITE MAP

 

March 2019 Inspections

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Daily Inspection Reports

 

POST-RAIN-EVENT INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: March 11, 2019 _

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Signature:

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GEI PROJECT # 1804336

OWNER: Lehigh Southwest Cement Co. ENGINEER/GEOLOGIST: Hugo Velasquez

CLIENT: Lehigh Southwest Cement Co. DAY OF WEEK: Monday

OBSERVATIONS REPORTED TO: TIME ARRVIED: 7:30

Manjunath Shivalingappa TIME DEPARTED: 10:00

DAILY FIELD REPORT NO.: 8 TRAVEL TIME (hours): 3.0

GEI PROJECT MANAGER: Cindy Davis TOTAL TIME (hours): 5.5

REVIEWED BY: Chris Kissick TEMPERATURE: 40s-50s AM - PM

DATE REVIEWED: 04/22/2019 WEATHER: ☐ Clear ☐ Rain ☐ Overcast ☐ Fog ☐ Wind ☐ Other:_____

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POST-RAIN-EVENT INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: March 11, 2019 _

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MONTHLY AND POST-RAIN-EVENT INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: March 28, 2019 _

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GEI PROJECT # 1804336

OWNER: Lehigh Southwest Cement Co. ENGINEER/GEOLOGIST: Hugo Velasquez

CLIENT: Lehigh Southwest Cement Co. DAY OF WEEK: Thursday

OBSERVATIONS REPORTED TO: TIME ARRVIED: 13:00

Manjunath Shivalingappa TIME DEPARTED: 16:30

DAILY FIELD REPORT NO.: 9 TRAVEL TIME (hours): 2.5

GEI PROJECT MANAGER: Cindy Davis TOTAL TIME (hours): 6.0

REVIEWED BY: Chris Kissick TEMPERATURE: - AM 60s-70s PM

DATE REVIEWED: 04/22/2019 WEATHER: ☐ Clear ☐ Rain ☐ Overcast ☐ Fog ☐ Wind ☐ Other:_____

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MONTHLY AND POST-RAIN-EVENT INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: March 28, 2019 _

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May 1, 2019

VIA EMAIL: Manjunath.Shivalingappa@LehighHanson.com

Mr. Manjunath Shivalingappa

Lehigh Southwest Cement Company–Permanente Plant

24001 Stevens Creek Boulevard

Cupertino, California 95014

Dear Mr. Shivalingappa:

Re: Erosion and Sediment Control Best Management Practices (BMPs) Inspections

April 2019 Monthly Report

Lehigh Southwest Cement Company–Permanente Plant

Cupertino, California

GEI Consultants is pleased to submit the April 2019 Erosion and Sediment Control Best

Management Practices (BMPs) Inspection Report regarding the implementation of BMPs at the

Lehigh Southwest Cement Company plant in support of condition No. 78 items j and l under the

“Hydrology and Water Quality” section of the Final Conditions of Approval from June 7, 2012,

which state that the Mine Operator shall:

“…regularly inspect all storm water and erosion controls, especially before and following

qualifying rain events. Inspections shall be documented and periodically reported. Any

violations shall be corrected immediately.” And,

“Ensure that all storm water, erosion, and sediment control BMPs are installed, inspected,

maintained, and repaired under the direction of either a California certified engineer,

geologist, or landscape architect, a registered professional hydrologist, or a certified

erosion control specialist.”

GEI Consultants inspected the existing erosion and sediment control BMPs at the Lehigh

Southwest Cement Company plant before and after the qualifying rain events in April. A

qualifying rain event is defined as “any event that produces 0.5 inches of precipitation or more

with a 48-hour or greater period between rain events” (Construction General Permit, 2009-0009-

DWQ).

The Lehigh Cement Quarry weather station logged a cumulative measurement of 0.1 inches of

rain between April 1 and April 30 accounting for no qualifying rain events. Without any

qualifying rain events during April, GEI Consultants performed a monthly inspection in April:

April 19, 2019: Monthly Inspection

As part of the inspection, the BMPs onsite were observed and evaluated for performance. A

summary of the inspection findings, BMPs’ deficiencies, and recommendations based on the

May 1, 2019

-2-

observations from the inspection can be found in the attached Daily Field Report (DFR). A Site

Map detailing the location of the BMPs’ deficiencies observed is included with this report.

BMPs Deficiencies and Recommendations

Based on the observations from the April 2019 inspection, BMPs at the Lehigh SW Co.

Permanente Plant are generally functional and, collectively, in good condition. BMPs identified

as deficient were assigned a status of “Work Needed” in the DFRs. Some repairs associated with

deficiencies identified in February 2019 at the Rock Plant remained under construction at the time

of the April inspection. These repairs resulted from sediment and debris clogging the sediment

basin discharge pipe line and the required replacement of a pipe segment. Recommendations of

repairs to address the BMPs’ deficiencies and other vulnerabilities identified during the April

2019 inspections are included in the DFR.

One deficiency in BMPs was assigned a status of “Work Needed” in the April 2019 inspection

DFR and continues to be tracked in Table 1 below. This deficiency was identified during the

inspections in February 2019 and continue to be track since it had not been addressed in whole at

the time of the April inspection. Table 1 presents a brief summary of the location, status, and

recommendations for the areas where the deficiencies in the implementation of erosion and

sediment control BMPs were identified.

 

Table 1. BMPs Inspection Overview of Deficient Areas1

Formula Placeholder

1 Review attached DFR and Site Map for photos and specific location

 

 

We recommend that Lehigh Southwest Cement Company re-establish BMPs that are to remain

functional throughout the plant at the end of the rainy season. We recommend that Lehigh

Cement Co. continue to monitor the silt fences and other BMPs assigned a status of “MONITOR

FOR CHANGES” year-round, beyond the rainy season.

Table 1 and the recommendations hereby included are intended to be used by Lehigh staff to

monitor the condition and performance of erosion and sediment control BMPs, and to address the

recommended corrective actions to the BMPs’ deficiencies.

May 1, 2019

-3-

If you have any questions, please feel free to contact Hugo Velasquez at (510) 350-2905 or Chris

Kissick at (916) 631-4527.

Sincerely,

Hugo Velasquez, P.E., QSP

Project Engineer

Chris Kissick, P.E., QSD/QSP

Quality Control Engineer

GEI CONSULTANTS, INC.

cc: Mrs. Cindy Davis, Mr. Chris Kissick, and Ms. Faith Moore.

GEI Consultants, Inc.

 

Site Map

 

SITE MAP

 

April 2019 Inspection

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Daily Inspection Reports

MONTHLY AND POST-RAIN-EVENT INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: April 19, 2019 _

Signature:

Page 1 of 10

GEI PROJECT # 1804336

OWNER: Lehigh Southwest Cement Co. ENGINEER/GEOLOGIST: Hugo Velasquez

CLIENT: Lehigh Southwest Cement Co. DAY OF WEEK: Friday

OBSERVATIONS REPORTED TO: TIME ARRVIED: 08:30

Manjunath Shivalingappa TIME DEPARTED: 12:00

DAILY FIELD REPORT NO.: 10 TRAVEL TIME (hours): 2.5

GEI PROJECT MANAGER: Cindy Davis TOTAL TIME (hours): 6.0

REVIEWED BY: Chris Kissick TEMPERATURE: - AM 60s-70s PM

DATE REVIEWED: 05/01/2019 WEATHER: ☐ Clear ☐ Rain ☐ Overcast ☐ Fog ☐ Wind ☐ Other:_____

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MONTHLY AND POST-RAIN-EVENT INSPECTION REPORT

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Location: Cupertino, California DATE: April 19, 2019 _

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-1-

June 17, 2019

VIA EMAIL: Manjunath.Shivalingappa@LehighHanson.com

Mr. Manjunath Shivalingappa

Lehigh Southwest Cement Company–Permanente Plant

24001 Stevens Creek Boulevard

Cupertino, California 95014

Dear Mr. Shivalingappa:

Re: Erosion and Sediment Control Best Management Practices (BMPs) Inspections

May 2019 Monthly Report

Lehigh Southwest Cement Company–Permanente Plant

Cupertino, California

GEI Consultants is pleased to submit the May 2019 Erosion and Sediment Control Best

Management Practices (BMPs) Inspection Report regarding the implementation of BMPs at the

Lehigh Southwest Cement Company plant in support of condition No. 78 items j and l under the

“Hydrology and Water Quality” section of the Final Conditions of Approval from June 7, 2012,

which state that the Mine Operator shall:

“…regularly inspect all storm water and erosion controls, especially before and following

qualifying rain events. Inspections shall be documented and periodically reported. Any

violations shall be corrected immediately.” And,

“Ensure that all storm water, erosion, and sediment control BMPs are installed, inspected,

maintained, and repaired under the direction of either a California certified engineer,

geologist, or landscape architect, a registered professional hydrologist, or a certified

erosion control specialist.”

GEI Consultants inspected the existing erosion and sediment control BMPs at the Lehigh

Southwest Cement Company plant once since there were no qualifying rain events during the

month of May 2019. A qualifying rain event is defined as “any event that produces 0.5 inches of

precipitation or more with a 48-hour or greater period between rain events” (Construction

General Permit, 2009-0009-DWQ).

Without any qualifying rain events during May 2019, GEI Consultants performed a single

inspection May 30, 2019 as the monthly inspection.

As part of the inspection, the BMPs onsite were observed and evaluated for performance. A

summary of the inspection findings, BMPs’ deficiencies, and recommendations based on the

observations from the inspection can be found in the attached Daily Field Report (DFR). A Site

Map detailing the location of the BMPs’ deficiencies previously observed and resolved during

May 2019 is included with this report.

June 17, 2019

-2-

BMPs Deficiencies and Recommendations

Based on the observations from the May 2019 inspection, BMPs at the Lehigh SW Co.

Permanente Plant are generally functional and, collectively, in good condition. No deficiencies

were encountered during the May 2019 inspection.

Repairs associated with deficiencies identified in early 2019 at the Rock Plant were completed

following the April 2019 inspection. One deficiency in BMPs was assigned a status of “Work

Needed” in the April 2019 inspection report and remained tracked in Table 1 below to note that

the repairs were completed. These repairs included the removal of sediment and debris clogging

the sediment basin discharge pipe line and the replacement of a pipe segment with a riprap apron

and swale at the point of discharge.

Table 1 presents a brief summary of the location, status, and recommendations for the Rock Plant

area, where the implementation of erosion and sediment control BMPs was identified as deficient.

 

Table 1. BMPs Inspection Overview of Deficient Areas1

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1 Review attached DFR and Site Map for photos and specific location

 

We recommend that Lehigh Cement Co. continue to monitor the silt fences and other BMPs

assigned a status of “MONITOR FOR CHANGES” year-round. We recommend that Lehigh

Southwest Cement Company re-establish BMPs that are to remain functional throughout the plant

ahead of November, when the rainy season typically begins.

The recommendations included in the DFR are intended to be used by Lehigh staff to monitor the

condition and performance of erosion and sediment control BMPs, and to address the

recommended maintenance actions to minimize deficiencies in BMPs.

If you have any questions, please feel free to contact Hugo Velasquez at (510) 350-2905 or Chris

Kissick at (916) 631-4527.

Sincerely,

Hugo Velasquez, P.E., QSP

Project Engineer

Chris Kissick, P.E., QSD/QSP

Quality Control Engineer

GEI CONSULTANTS, INC.

cc: Mrs. Cindy Davis, Mr. Chris Kissick.

GEI Consultants, Inc.

 

Site Map

 

SITE MAP

 

May 2019 Inspection

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Daily Inspection Reports

 

MONTHLY INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: May 30, 2019 _

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-1-

July 8, 2019

VIA EMAIL: Manjunath.Shivalingappa@LehighHanson.com

Mr. Manjunath Shivalingappa

Lehigh Southwest Cement Company–Permanente Plant

24001 Stevens Creek Boulevard

Cupertino, California 95014

Dear Mr. Shivalingappa:

Re: Erosion and Sediment Control Best Management Practices (BMPs) Inspections

June 2019 Monthly Report

Lehigh Southwest Cement Company–Permanente Plant

Cupertino, California

GEI Consultants is pleased to submit the June 2019 Erosion and Sediment Control Best

Management Practices (BMPs) Inspection Report regarding the implementation of BMPs at the

Lehigh Southwest Cement Company plant in support of condition No. 78 items j and l under the

“Hydrology and Water Quality” section of the Final Conditions of Approval from June 7, 2012,

which state that the Mine Operator shall:

“…regularly inspect all storm water and erosion controls, especially before and following

qualifying rain events. Inspections shall be documented and periodically reported. Any

violations shall be corrected immediately.” And,

“Ensure that all storm water, erosion, and sediment control BMPs are installed, inspected,

maintained, and repaired under the direction of either a California certified engineer,

geologist, or landscape architect, a registered professional hydrologist, or a certified

erosion control specialist.”

GEI Consultants inspected the erosion and sediment control BMPs at the Lehigh Southwest

Cement Company plant once since there were no qualifying rain events during June 2019. A

qualifying rain event is defined as “any event that produces 0.5 inches of precipitation or more

with a 48-hour or greater period between rain events” (Construction General Permit, 2009-0009-

DWQ). Without any qualifying rain events during June 2019, GEI Consultants performed a single

inspection June 25, 2019 as the monthly inspection of BMPs.

As part of the inspection, the BMPs onsite were observed and evaluated for performance. A

summary of the inspection findings, BMPs’ deficiencies, and recommendations based on the

observations from the inspection can be found in the attached Daily Field Report (DFR). A Site

Map identifying the various locations of the BMPs inspected on June 25th is included with this

report.

July 8, 2019

-2-

BMPs Deficiencies and Recommendations

Based on the observations from the June 2019 inspection, BMPs at the Lehigh SW Co.

Permanente Plant are generally functional and, collectively, in good condition. No deficiencies

were encountered during the June 2019 inspection.

We recommend that Lehigh Cement Co. continue to monitor the silt fences and other BMPs

assigned a status of “MONITOR FOR CHANGES” year-round. We recommend that Lehigh

Southwest Cement Company re-establish and perform maintenance on all BMPs that are to

remain functional ahead of the rainy season, which typically begins in November.

The recommendations included in the DFR are intended to be used by Lehigh staff to monitor the

condition and performance of erosion and sediment control BMPs, and to address the

recommended maintenance actions to minimize deficiencies in BMPs.

If you have any questions, please feel free to contact Hugo Velasquez at (510) 350-2905 or Chris

Kissick at (916) 631-4527.

Sincerely,

Hugo Velasquez, P.E., QSP

Project Engineer

Chris Kissick, P.E., QSD/QSP

Quality Control Engineer

GEI CONSULTANTS, INC.

cc: Mrs. Cindy Davis, Mr. Chris Kissick.

GEI Consultants, Inc.

 

Site Map

 

SITE MAP

 

June 2019 Inspection

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Daily Inspection Reports

MONTHLY INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: June 25, 2019 _

 

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-1-

August 1, 2019

VIA EMAIL: Manjunath.Shivalingappa@LehighHanson.com

Mr. Manjunath Shivalingappa

Lehigh Southwest Cement Company–Permanente Plant

24001 Stevens Creek Boulevard

Cupertino, California 95014

Dear Mr. Shivalingappa:

Re: Erosion and Sediment Control Best Management Practices (BMPs) Inspections

July 2019 Monthly Report

Lehigh Southwest Cement Company–Permanente Plant

Cupertino, California

GEI Consultants is pleased to submit the July 2019 Erosion and Sediment Control Best

Management Practices (BMPs) Inspection Report regarding the implementation of BMPs at the

Lehigh Southwest Cement Company plant in support of condition No. 78 items j and l under the

“Hydrology and Water Quality” section of the Final Conditions of Approval from June 7, 2012,

which state that the Mine Operator shall:

“…regularly inspect all storm water and erosion controls, especially before and following

qualifying rain events. Inspections shall be documented and periodically reported. Any

violations shall be corrected immediately.” And,

“Ensure that all storm water, erosion, and sediment control BMPs are installed, inspected,

maintained, and repaired under the direction of either a California certified engineer,

geologist, or landscape architect, a registered professional hydrologist, or a certified

erosion control specialist.”

GEI Consultants inspected the erosion and sediment control BMPs at the Lehigh Southwest

Cement Company plant once since there were no qualifying rain events during July 2019. A

qualifying rain event is defined as “any event that produces 0.5 inches of precipitation or more

with a 48-hour or greater period between rain events” (Construction General Permit, 2009-0009-

DWQ). Without any qualifying rain events during July 2019, GEI Consultants performed a single

inspection July 12, 2019 as the monthly inspection of BMPs.

As part of the inspection, the BMPs onsite were observed and evaluated for performance. A

summary of the inspection findings, BMPs’ deficiencies, and recommendations based on the

observations from the inspection can be found in the attached Daily Field Report (DFR). A Site

Map identifying the various locations where the BMPs were inspected on July 12th is included in

this report.

August 1, 2019

-2-

BMPs Deficiencies and Recommendations

Based on the observations from the July 2019 inspection, BMPs at the Lehigh SW Co.

Permanente Plant are generally functional and, collectively, in good condition. No deficiencies

were encountered during the July 2019 inspection.

We recommend that Lehigh Southwest Cement Company re-establish and perform maintenance

on all BMPs that are to remain functional ahead of the rainy season, which typically begins in

November. We recommend that Lehigh staff continue to monitor the silt fences and other BMPs

assigned a status of “MONITOR FOR CHANGES” year-round.

The recommendations included in the DFR are intended to be used by Lehigh staff to monitor the

condition and performance of erosion and sediment control BMPs, and to address the

recommended maintenance actions to minimize deficiencies in BMPs.

If you have any questions, please feel free to contact Hugo Velasquez at (510) 350-2905 or Chris

Kissick at (916) 631-4527.

Sincerely,

Hugo Velasquez, P.E., QSP

Project Engineer

Chris Kissick, P.E., QSD/QSP

Quality Control Engineer

GEI CONSULTANTS, INC.

cc: Mrs. Cindy Davis, Mr. Chris Kissick.

GEI Consultants, Inc.

 

Site Map

 

SITE MAP

 

July 2019 Inspection

Picture Placeholder

 

Daily Inspection Reports

MONTHLY INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: July 12, 2019 _

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Signature:

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-1-

September 4, 2019

VIA EMAIL: Manjunath.Shivalingappa@LehighHanson.com

Mr. Manjunath Shivalingappa

Lehigh Southwest Cement Company–Permanente Plant

24001 Stevens Creek Boulevard

Cupertino, California 95014

Dear Mr. Shivalingappa:

Re: Erosion and Sediment Control Best Management Practices (BMPs) Inspections

August 2019 Monthly Report

Lehigh Southwest Cement Company–Permanente Plant

Cupertino, California

GEI Consultants is pleased to submit the August 2019 Erosion and Sediment Control Best

Management Practices (BMPs) Inspection Report regarding the implementation of BMPs at the

Lehigh Southwest Cement Company plant in support of condition No. 78 items j and l under the

“Hydrology and Water Quality” section of the Final Conditions of Approval from June 7, 2012,

which state that the Mine Operator shall:

“…regularly inspect all storm water and erosion controls, especially before and following

qualifying rain events. Inspections shall be documented and periodically reported. Any

violations shall be corrected immediately.” And,

“Ensure that all storm water, erosion, and sediment control BMPs are installed, inspected,

maintained, and repaired under the direction of either a California certified engineer,

geologist, or landscape architect, a registered professional hydrologist, or a certified

erosion control specialist.”

GEI Consultants inspected the erosion and sediment control BMPs at the Lehigh Southwest

Cement Company plant once since there were no qualifying rain events during August 2019. A

qualifying rain event is defined as “any event that produces 0.5 inches of precipitation or more

with a 48-hour or greater period between rain events” (Construction General Permit, 2009-0009-

DWQ). Without any qualifying rain events during August 2019, GEI Consultants performed a

single inspection on August 13, 2019 as the monthly inspection of BMPs.

As part of the inspection, the BMPs onsite were observed and evaluated for performance. A

summary of the inspection findings, BMPs deficiencies, and recommendations based on the

observations from the inspection can be found in the attached Daily Field Report (DFR). A Site

Map identifying the various locations where the BMPs were inspected on August 13th is included

in this report.

September 4, 2019

-2-

BMPs Deficiencies and Recommendations

Based on the observations from the August 2019 inspection, BMPs at the Lehigh Southwest

Cement Company – Permanente Plant are generally functional and, collectively, in good

condition. No deficiencies were encountered during the August 2019 inspection.

We recommend that Lehigh Southwest Cement Company re-establish and perform maintenance

on all BMPs that are to remain functional ahead of the rainy season, which typically begins in

November. We recommend that Lehigh staff continue to monitor the silt fences and other BMPs

assigned a status of “MONITOR FOR CHANGES” year-round.

The recommendations included in the DFR are intended to be used by Lehigh staff to monitor the

condition and performance of erosion and sediment control BMPs, and to address the

recommended maintenance actions to minimize deficiencies in BMPs.

If you have any questions, please feel free to contact Hugo Velasquez at (510) 350-2905 or Chris

Kissick at (916) 631-4527.

Sincerely,

Hugo Velasquez, P.E., QSP

Project Engineer

Chris Kissick, P.E., QSD/QSP

Quality Control Engineer

GEI CONSULTANTS, INC.

cc: Mrs. Cindy Davis, Mr. Chris Kissick.

GEI Consultants, Inc.

 

Site Map

 

SITE MAP

 

August 2019 Inspection

Picture Placeholder

 

 

Daily Inspection Reports

 

MONTHLY INSPECTION REPORT

PROJECT: Lehigh Permanente Quarry: Inspection of Erosion and Sediment Control BMPs

Location: Cupertino, California DATE: August 13, 2019 _

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APPENDIX C:

RECLAMATION PLAN AMMENDMENT AND FINAL CONDITIONS OF APPROVAL ANNUAL

WORKER TRAINING

Lehigh Southwest Cement Company

24001 Stevens Creek Boulevard

Cupertino, California 95014

(408) 996-4000

Memo

To: Ms. Tressa Jackson From: Manjunath Shivalingappa

Copy: NA Date: 09-23-2019

Subject: RPA Training Topics

RECLAMATION PLAN AMENDMENT AND FINAL CONDITIONS OF APPROVAL

TRAINING TOPICS

Per the Final Conditions of Approval number 11 (COA 11), Lehigh shall annually train all mining

staff, including outside vendors, contractors, or consultants who are responsible for

implementation of any part of the mine operations or reclamation at Permanente Quarry, on the

requirements and provisions of the RPA, the conditions of approval, and the MMRP.

Reclamation Plan Amendment (RPA) and Provisions

Approval of the project would amend the existing reclamation plan for the Quarry and would

result in the reclamation of an approximately 1,238-acre project area within the Applicant’s

overall 3,510-acre ownership. The Project is designed to make the reclaimed lands suitable for

future open space uses. It includes site-specific activities to satisfy the reclamation requirements

of the Surface Mining and Reclamation Act of 1975 and the County’s surface mining ordinance

and surface mining and land reclamation standards. The Project would be implemented in three

phases over an approximately 20-year period, expected to begin in 2012 and conclude with final

reclamation by approximately 2030.

As part of the RPA approval process, mitigation measures and provisions were agreed upon for

the project. The Project Draft Environmental Impact Report (EIR) and Final EIR describe the

various conditions and activities that the quarry must adhere to through the project. Quarry staff

shall be aware of the conditions of approval that correspond to their job descriptions and

responsibilities. These are listed and described throughout the Reclamation Plan Amendment,

which is available for all quarry staff to view as needed.

Final Conditions of Approval

The County issued a Final Conditions of Approval which contains 89 different Conditions of

Approval which shall be met by the Quarry. Quarry staff shall be aware of the COA’s and be

knowledgeable in those COA’s which correspond to their job descriptions and responsibilities. A

copy of the Final COAs is available for all quarry staff to view as needed.

Memo to: Ms. Tressa Jackson

09-23-2019

Page 2

PREVENTION OF TRIGGERING DEBRIS SLIDES

As a condition of approval for the Reclamation Plan Amendment, the County has mandated that

mine operators shall be trained in the prevention of triggering debris slides. This is targeted at

keeping sediment, especially limestone-based materials, from entering Permanente Creek and

PCRA areas.

Please discuss the following topics with all employees:

1. General awareness of the causes and impacts of debris slides.

Debris slides can occur on steep hillsides where consolidation of the substrate

cannot support the loads above. Slides usually happen where fill slopes are steep and

composed of loose materials. Any loosening or disturbance of supporting materials can

cause a debris slide.

2. Maintaining thorough and adequate erosion control measures.

Controls to prevent materials from sloughing off include debris/silt fencing placed on

outer edge of grading and excavation operations, back-sloping excavations to prevent

grade slope towards the creek, operations buffer areas, and berms along the outer

extent of operations closest to the creek.

At the Permanente Quarry, the main control is the haul road berms to prevent

materials from entering the PCRA. Secondary controls are installed on the slopes below the

haul road berm in various subareas on the creek slopes including erosion control matting,

straw wattles, and wire-backed silt fencing.

3. Prevention of actions that may cause or exacerbate debris slide conditions

Avoid unnecessarily removing vegetation, boulders and other substrates. Restrict

vehicle operations to maintained roads. Stockpile fill and other debris in appropriate

areas as designated with the haul road berms.

4. Regularly inspect areas with a high potential for slides and report any suspected

conditions that might cause a debris slide into Permanente Creek and PCRA areas.

Memo to: Ms. Tressa Jackson

09-23-2019

Page 2

EROSION CONTROL TRAINING TOPICS

Erosion control is the practice of preventing or controlling wind or water erosion in agriculture,

land development and construction. Effective erosion controls are important techniques in

preventing water pollution and soil loss. Erosion controls are used in natural areas, agricultural

settings or urban environments. Erosion controls often involve the creation of a physical barrier,

such as vegetation or rock, to absorb some of the energy of the wind or water that is causing

the erosion. On construction sites they are often implemented in conjunction with sediment

controls such as sediment basins and silt fences.

On the Permanente Quarry Site, the main erosion controls include:

• Haul road berms to keep water out of the creek and directed toward siltation basins or

ponds

• Siltation basins or ponds to settle out sediment and control waters leaving the site

• Silt fences, straw wattles, and erosion control blankets on the creek side of the haul road

berms in select locations

• Silt fences, straw wattles, and erosion control blankets on the topsoil stockpiles

6 Goals Of Erosion Control

1. No Sediment Leaves the Site

2. Lines of Defense Everywhere & Always

3. Cover Quickly

4. Protect the Swale, Ditch ,and Channel

5. Keep Clean Water Clean

6. Inspect, Clean & Fix

Inlet Barriers (i.e.: sand bags, gutter buddies, straw wattles)

• Is the structure deteriorating

• Is sediment >1/2 the height of structure?

• Evidence of water/sediment getting around or under barrier?

• Are there other structures that require inlet barriers?

Sediment Barriers (i.e.: haul road check dams, ditch checks)

• Are they trenched in or falling down?

• Evidence of sediment/water getting around or under barrier?

• Is sediment more than 1/2 height of structure?

• Are there areas where more sediment barriers are required or need extended?

Perimeter Control (i.e.: Haul road berms, silt fence, straw wattles)

• Is all the off-site water being diverted where applicable?

• Evidence of water/sediment getting around or under barrier?

• Are there areas that need extended or additions to other locations?

• Are the barriers in good condition or in need of repair?

• Straw Blankets-are they deteriorating and need replaced?

• Are the haul road berms preventing water from entering the creek?

Memo to: Ms. Tressa Jackson

09-23-2019

Page 2

Stabilized Construction Entrance

• Evidence of sediment being tracked off site onto public streets?

Soil and Fines Stockpiles

• An earth berm must be constructed upstream around the area to prevent runoff from

contacting stockpile and a downstream ditch to prevent waters from leaving the stockpile

site

Sediment Basins

• Note the basin depth. Is the basin more than half full of sediment from original design?

• Condition of basin side slopes

• Evidence of water overtopping embankments

• Condition of outfall

General Site Conditions

• Trash barrels-any evidence of trash lying around site

• Location of portable restrooms

• Leaking vehicles

• Concrete Washouts Designated

Memo to: Ms. Tressa Jackson

09-23-2019

Page 2

STORM WATER POLLUTION PREVENTION PLAN: BMP’S

Best Management Practices (BMPs) are practices used to reduce the amount of pollution

entering surface waters. Based on the potential pollutant areas identified at the facility, existing

and recommended BMPs for the facility are discussed below.

Please discuss the following areas with all employees:

1) Truck Loading Areas

a. Continue to immediately cleanup any spilled cement or aggregate.

2) Raw Material Storage

a. Any total suspended solids (TSS) generated by stormwater contact with the

aggregate storage areas is directed to detention ponds or basins which are

designed to remove TSS prior to discharge. BMP in these areas would be to

insure that stormwater runoff from aggregate storage or cement loading areas

does not leave the property, but indeed goes to ponds or basins.

b. Maintain bag houses to prevent dust from cement. Immediately cleanup any spill

material to limit exposure to stormwater.

3) Secondary Containment Storage

a. Secondary containment walls should be maintained, inspected and repaired

when necessary to prevent leaks. Secondary containment is defined as spill

containment for the contents of the single largest tank plus sufficient freeboard

to allow for a 25 year, 24 hour storm event.

b. Maintain the equipment and hoses within the containment area used to transfer

the materials. Clean inside walls when necessary.

4) Diesel Tanks

a. Fuel overflows during storage tank filling can be a major source of spills.

Watch the transfer constantly to prevent overfilling and spilling.

b. Clean up any spills or drips immediately.

c. Verify that drain plug is installed.

d. Discourage topping off of fuel tanks.

e. Properly protect portable fuel tanks, pumps and hoses from contact with trucks

and other mobile equipment.

f. Install secondary containment around tank pump and piping if not already done,

this would prevent a leak or spill from entering ponds, basins or from leaving the

property.

5) Oil Storage Areas

a. Place all drums and lubricants on drip containment pallets.

b. Clean up any spills or drips with sorbent materials immediately.

c. Maintain valves to prevent leaks.

d. Clean out within containment when necessary. Inspect for residue prior to

rainwater release. Remove old & unused barrels

Memo to: Ms. Tressa Jackson

09-23-2019

Page 2

6) Ponds and Basins

a. Inspect basins regularly for damage, erosion, waste, and sediment buildup.

b. Clean out basins when necessary to prevent a stormwater overflow.

c. Reduce amount of sediment and processed water to keep basins level low.

d. Inspect outfall regularly for dry weather discharge.

7) Sediment Drying Areas

a. Inspect area regularly for damage, erosion, waste, and sediment buildup.

b. Clean out area when necessary to prevent a stormwater overflow.

c. Reduce amount of sediment to keep sediment levels low.

8) Equipment Wash Areas

a. Continue to wash mobile equipment to the basins and direct all wash water to

prevent it from leaving the containment area

b. Keep area swept and free of aggregates, fines and trash that could enter the

ponds, basins or leave property.

c. Inspect area regularly for damage and erosion.

REMEMBER:

Keep tanks inside secondary containment.

• Prevent a leak or spill from entering the ponds, basins or leaving the property.

Memo to: Ms. Tressa Jackson

09-23-2019

Page 2

CULTURAL RESOURCES IDENTIFICATION AND PRESERVATION

Because cultural artifacts have been encountered on the Quarry site, mine operators shall be

trained in the identification of archaeological artifacts and preservation of those resources.

Please discuss the following topics with all employees:

1. General awareness of COA 65.

If cultural resources are encountered the Mine Operator shall notify the Planning

Manager and all activity within 100 feet of the find shall stop until the cultural resource is

evaluated by a qualified archaeologist and a Native American representative. Ground

disturbance shall not resume within 100 feet of the find until an agreement has been

reached as to the appropriate treatment of the find

2. Identification of Cultural Resources:

a. Prehistoric Archaeological Materials might include:

i. Obsidian and chert flaked-stone tools (e.g., projectile points, knives,

scrapers) or toolmaking debris;

ii. Culturally darkened soil (“midden”) containing heat-affected Rocks,

artifacts, or shellfish remains;

iii. Stone milling equipment (e.g., mortars, pestles, handstones, or milling

slabs); and battered stone tools, such as hammerstones and pitted

stones.

b. Historic-period materials might include:

i. stone, concrete, or adobe footings and walls;

ii. filled wells or privies;

iii. deposits of metal, glass, and/or ceramic refuse.

 

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Figure 1. A grinding stone or ‘metate’ found on Permanente Quarry property.

 

 

APPENDIX D:

WATER QUALITY MONITORING MEMO

Golder Associates Inc.

425 Lakeside Drive,

Sunnyvale, California, USA 94085

T: +1 408 220-9223 F: +1 408 220-9224

Golder and the G logo are trademarks of Golder Associates Corporation golder.com

Golder Associates Inc. (Golder) has prepared this technical memorandum to document the activities

completed at the Lehigh Permanente Quarry from July 1, 2018 through June 30, 2019 related to the

Reclamation Plan Condition of Approval (COA) 76. COA 76 pertains to water quality monitoring and states the

following:

Within ninety (90) days of RPA approval, the Mine Operator shall begin and continue throughout the

backfilling and reclamation phases and for 5 years following completion of reclamation and for 5 years

following the start of groundwater discharge from the Quarry Pit into Permanente Creek as described on

page 4.10-39 of the Final Environmental Impact Report, a Verification and Water Quality Monitoring

Program. The Mine Operator shall implement the following:

a. Collect quarterly Quarry pit water samples and analyze for general water chemistry and dissolved and

total metals, including selenium.

b. Perform quarterly electrical conductivity and pH measurements of the Quarry water.

c. Measure and record daily volume of any water that is pumped from the pit area.

d. Conduct annual seep surveys in March or April of each year within the Quarry pit. Any seeps shall be

sampled for general water chemistry and minerals and dissolved metals, and the seep flow rate shall

be estimated.

e. Perform routine testing of each of the various rock types that comprise the overburden to further

characterize bulk and leachable concentrations of key metal constituents (selenium in particular).

Such testing shall be performed until the average concentrations and the variability within a rock type

is no longer changing significantly as new data are gathered.

f. Sample and test runoff from the EMSA and WMSA throughout and following reclamation to confirm

the concepts and closure plans (i.e., that cover with non-limestone material and re-vegetation results

in runoff water quality that meets Basin Plan Benchmarks and all other applicable water quality

standards, including, but not limited to, a site specific NPDES permit for the Quarry and a TMDL for

selenium in Permanente Creek). Stormwater runoff monitoring and sampling shall be conducted

following the placement and final grading of the 1 foot run-of-mine non-limestone cover material to

ensure that surface water discharging from this cover does not contain selenium at concentrations

exceeding Basin Plan Benchmark values. Three rounds of representative surface water samples shall

be collected and analyzed to verify rock cover performance prior to the placement of the vegetative

growth layer.

TECHNICAL MEMORANDUM

DATE 9/25/19 Project No. 1655230-03

TO Manjunath Shivalingappa

Lehigh Southwest Cement Company

CC

FROM George Wegmann, PG, CHG

. Bill Fowler, PG, CEG

EMAIL: gwegmann@golder.com

COA 76 ANNUAL SUMMARY, LEHIGH PERMANENTE QUARRY

Manjunath Shivalingappa Project No. 1655230-03

Lehigh Southwest Cement Company 9/24/2018

2

g. Sample and test groundwater discharge from the Quarry Pit into Permanente Creek following

reclamation as described on page 4.10-39 of the Final Environmental Impact Report to confirm that

water quality in discharge meets Basin Plan Benchmarks and all other applicable water quality

standards.

h. The data obtained through this mitigation measure shall be used to reevaluate the water balance

components such as runoff and groundwater inflow and the water quality associated with these within

the last five years of active mining. Based on the results of any refined water balance and water

quality projections, the Mine Operator shall also review and refine the water management procedures.

(Implements Mitigation Measures 4.4-5 and 4.10-1b.). All testing data shall be submitted to the

Planning Office with the Annual Report by October 1 of each year.

The following provides a summary of tasks completed:

a. Collect quarterly Quarry pit water samples and analyze for general water chemistry and dissolved

and total metals, including selenium.

From July 1, 2018 through June 30, 2019, samples were collected from the effluent of the EFF-001U and

EFF-001L discharges from the final treatment systems (Table 1). The influent includes water from the Quarry, Cement Plant Reclaim Water, and the Pond 30 drainage. The samples were analyzed for total metals and/or general water chemistry parameters.

Table 1 also includes the discharge data from Ponds 9, 13b, 17, and 30 from July 1, 2018 through June 30, 2019. Ponds 13b and Pond 30 did not discharge during this time period.

b. Perform quarterly electrical conductivity and pH measurements of the Quarry water.

Electrical conductivity (EC) measurements were not taken as samples were analyzed for TDS directly (i.e., EC is a surrogate for TDS laboratory data). Total dissolved solids (TDS) and pH measurements are included on

Table 1.

c. Measure and record daily volume of any water that is pumped from the pit area.

Daily records of volume of water, including water pumped from the pit, and treated and discharged through permitted discharge points EFF-001U (by Pond 4) and EFF-001L (by Pond 1) are included on Table 1 under EFF-001U and EFF-001L.

d. Conduct annual seep surveys in March or April of each year within the Quarry pit. Any seeps shall

be sampled for general water chemistry and minerals and dissolved metals, and the seep flow rate

shall be estimated.

On April 30, 2019, Golder performed a seep survey within the Quarry pit. Three seeps were identified during the survey similar to last year:

  • Seep-750: this seep is located by the western/northwestern portion of the pit where it emerges from above the quarry floor along the northwestern wall.
  • Seep-850: this seep is located in the southwest portion of the pit where it emerges from the 850 and 900 feet (ft) elevation benches.
  • Seep-1200: this seep is located along the 1200 ft elevation bench at the southeast pit wall in an area of mining activity. This seep is within the same general area as sampled in 2018.

Manjunath Shivalingappa Project No. 1655230-03

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3

Golder did not identify any additional seeps within the Quarry pit. During the seep survey, the identified seeps were sampled and analyzed for general water chemistry and dissolved metals. The results of the sampling and the estimated flow rates are shown on Table 2. Selenium results from the three samples ranged from 2.6 micrograms per Liter (μg/L) from Seep-750 to 41 μg/L from Seep-1200. Nickel results ranged from 6.1 μg/L to 61 μg/L. The estimated flow rate of the seeps ranged from 3 gallons per minute (gpm) for Seep-750 to 200 gpm for Seep-850.

e. Perform routine testing of each of the various rock types that comprise the overburden to further

characterize bulk and leachable concentrations of key metal constituents (selenium in particular).

Such testing shall be performed until the average concentrations and the variability within a rock type

is no longer changing significantly as new data are gathered.

Samples of the primary overburden materials located within the quarry were collected and analyzed in 2014.

The samples were collected of the Santa Clara Formation, greenstone, and graywacke and were submitted for laboratory analysis for total selenium and for leaching potential via the waste extraction test (WET). Total selenium was not detected above the laboratory method detection limit of 0.022 milligrams per kilogram (mg/kg). WET results ranged from non-detect to 1.5 μg/L.

Lehigh completed additional characterization work in 2018.1 Included with this characterization work were the collection and analysis of samples of the overburden material consisting of greenstone and graywacke. The work was completed in part to provide information on acid rock drainage (ARD) potential, chemical and mineralogical composition, and leaching potential via the California modified WET analysis with DI water. The rock samples were collected from drill core and surface locations and included the following:

  • Greenstone (6 samples): Three drill core samples and one grab sample from each of the following locations: North Quarry, EMSA, and WMSA. The samples were collected from varying depths and degrees of weathering.
  • Graywacke (1 sample): One drill core sample

The results were consistent with previous work and are included as Tables 3 and 4. Total selenium was not detected above the laboratory method detection limit of 0.022 milligrams per kilogram (mg/kg); WET results ranged from non-detect to 1.8 μg/L.

f. Sample and test runoff from the EMSA and WMSA throughout and following reclamation to confirm

the concepts and closure plans (i.e., that cover with non-limestone material and re-vegetation results

in runoff water quality that meets Basin Plan Benchmarks and all other applicable water quality

standards, including, but not limited to, a site specific NPDES permit for the Quarry and a TMDL for

selenium in Permanente Creek). Stormwater runoff monitoring and sampling shall be conducted

following the placement and final grading of the 1 foot run-of-mine non-limestone cover material to

ensure that surface water discharging from this cover does not contain selenium at concentrations

exceeding Basin Plan Benchmark values. Three rounds of representative surface water samples shall

be collected and analyzed to verify rock cover performance prior to the placement of the vegetative

growth layer.

During the 2018/2019 wet season, Lehigh managed stormwater runoff in the EMSA by pumping accumulated water in the collection vault to Pond 11 and the Cement Plant reclaim water system for treatment by the final treatment system prior to discharging to Permanente Creek under Lehigh’s NPDES permit.2 A total of 6,543,261 gallons, of which 3,116,100 gallons originated from the French drain, was pumped to Pond 11 from 1 Golder Associates, Preliminary Closure Plan, Lehigh Southwest Cement Company Permanente, June 2019 2 Golder Associates, Memorandum, EMSA Stormwater Management Update, Lehigh Permanente Facility, Santa Clara County, CA, February 1, 2019

Manjunath Shivalingappa Project No. 1655230-03

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the collection vault. Lehigh collected samples for selenium analysis from the vault and the French drain

throughout the wet season prior to transferring the water to Pond 11 for treatment prior to being discharged.

The results are summarized below:

 

Table 5: Operations Summary Table

Formula Placeholder

 

Golder completed the wet season monitoring program, which included the collection of water samples from similar locations as previous years (Figure 1). Under the direction of a California Professional Geologist, Golder personnel collected samples from 14 locations in January and February 2019 during three rain events.

Golder attempted to collect samples during a late season rain event in April 2019; however, the sample

locations were dry. Additionally, several of the previous locations were dry during all or some of the sampling events.

Golder inspected the EMSA for runoff and/or sheet flow to target these areas for sampling. Similar to previous years, rainfall appeared to readily infiltrate the EMSA material in locations where no significant runoff or sheet flow was observed by field staff during the storm events. Most of the samples were collected of water that accumulated on the non-limestone interim cover material cover material, where water appeared to be emanating as seeps from the toe of the EMSA slopes, and from the drainage conveyance system. The type of sample and results are noted on Table 2. Selenium detected in samples of water that accumulated on the non-limestone interim cover material ranged from non-detect to 2.8 μg/L. Results from samples collected along the toe of the EMSA slopes (e.g., EC-16) ranged from 18 μg/L to 75 μg/L. These samples are considered more representative of seeps emanating from the toe of the slopes than direct runoff of the cover material. Samples were collected from the drainage swale and the upstream conveyance system, including Ponds 31A and 31B. Results ranged from 8.1 μg/L to 56 μg/L. The higher results were noted from sample locations along the drainage swale just west of Pond 30.

As part of the wet season monitoring program, sediment samples were collected from three of the locations that were sampled previously: eastern edge of Pond 30 (PD30-SD3), along the eastern portion of the drainage swale (Swale-SD1) and form the western portion of the drainage swale (Swale-SD2). Sample locations are Manjunath Shivalingappa Project No. 1655230-03

Lehigh Southwest Cement Company 9/24/2018

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shown on Figure 1. Samples were not collected from all of the previous Pond 30 locations because of safety concerns accessing the pond. At each location, Golder collected a surficial sample and then a deeper sample from one foot below ground surface (bgs). The deeper sample was collected to evaluate potential differences with depth. The samples were collected with a hand auger or shovel and plastic scoops and placed in laboratory provided glass jars. Samples were transported to a certified analytical laboratory where the laboratory analyzed the samples for total selenium. Based on the total results, two samples were analyzed for leaching potential via the California modified WET analysis with DI water

The total selenium concentrations were non-detect for all samples except from the shallow sample collected at from Pond 30 where selenium was detected at an estimated value of 1.4 milligram per kilogram (mg/kg) (Table 5). Both samples from PD30-SD3 were selected for WET analysis. WET selenium results were 0.0074 mg/L (7.4 μg/L) from the shallow interval and non-detect from the deeper interval. The WET data along with the total results suggest that the sediment is not a primary source of selenium in water, consistent with previous years.

g. Sample and test groundwater discharge from the Quarry Pit into Permanente Creek following

reclamation as described on page 4.10-39 of the Final Environmental Impact Report to confirm that

water quality in discharge meets Basin Plan Benchmarks and all other applicable water quality

standards.

This task is to be completed after reclamation activities are complete.

h. The data obtained through this mitigation measure shall be used to reevaluate the water balance

components such as runoff and groundwater inflow and the water quality associated with these within

the last five years of active mining. Based on the results of any refined water balance and water

quality projections, the Mine Operator shall also review and refine the water management procedures.

(Implements Mitigation Measures 4.4-5 and 4.10-1b.). All testing data shall be submitted to the

Planning Office with the Annual Report by October 1 of each year.

This task is ongoing.

Attachments

Table 1: Monitoring Data Summary

Table 2: Quarry Seep Data

Table 3: TTLC, STLC, and ABA Results

Table 4: Mineralogical Composition

Table 5: Operations Summary Table (in text)

Table 6: Sediment Results

Figure 1: Sampling Results

Table 1: Monitoring Data Summary

Lehigh Permanente Facility

September 2019

 

Formula Placeholder

 

Monitoring Data Summary

Lehigh Permanente Facility

September 2019

Formula Placeholder

 

 

Table 2: Quarry Pit Seep Data

Lehigh Permanente Facility

Formula Placeholder

 

Table 3

TTLC, STLC, and ABA Results

Formula Placeholder

 

Table 4

Mineralogical Composition

Formula Placeholder

 

Table 6

Selenium Sediment Results

September 2019

Formula Placeholder

J = estimated value below laboratory reporting limit

 

Picture Placeholder

 

 

APPENDIX E:

STORMWATER POLLUTION PREVENTION PLAN

REPORT

STORMWATER POLLUTION PREVENTION PLAN

Lehigh Southwest Cement Company, Permanente Plant and Quarry, 24001

Stevens Creek Boulevard, Cupertino, California

Submitted to:

Lehigh Southwest Cement Company and Hanson

Permanente Cement, Inc.

24001 Stevens Creek Blvd.

Cupertino, CA 95014

Submitted by:

Golder Associates Inc.

425 Lakeside Drive, Sunnyvale, California, USA 94085

1665523002

October 15, 2018

October 5, 2018 1665523002

ii

Record of Issue

Revision

Number Prepared by Description of Revision Date of Revision

Original Issue Golder All May 2014

002 Sam Barket All February 2016

003 Sam Barket Added contact information June 2016

004 Sam Barket Updated contact information December 2016

005 Courtney Perry General updates. April 2017

006 Manju Shivalingappa Updated Contact Information September 2017

007 Golder Associates, Inc. Update facility drainage

information and Rock Plant

Activities

October 2018

October 5, 2018 1665523002

iii

Table of Contents

1.0 INTRODUCTION ............................................................................................................................................. 1

2.0 STORMWATER PLANNING AND ORGANIZATION ..................................................................................... 2

2.1 Position Responsibilities ...................................................................................................................... 2

2.2 Pollution Prevention Team ................................................................................................................... 2

2.2.1 Team Responsibilities ..................................................................................................................... 2

2.2.2 Responsible Persons ...................................................................................................................... 3

2.3 Other Requirements and Existing Facility Plans .................................................................................. 3

3.0 FACILITY DESCRIPTION ............................................................................................................................... 3

3.1 Facility Location and Layout ................................................................................................................. 4

3.2 Surrounding Activities and Structures .................................................................................................. 4

3.3 Site Drainage ....................................................................................................................................... 4

3.3.1 Pond 13B (Discharge Point No. 002) .............................................................................................. 4

3.3.2 Pond 9 (Discharge Point No. 003) .................................................................................................. 5

3.3.3 Pond 17 (Discharge Point No. 004) ................................................................................................ 5

3.3.4 Pond 20 (Discharge Point No. 005) ................................................................................................ 5

3.3.5 Pond 30 (Discharge Point No. 006) ................................................................................................ 6

3.3.6 Reclaim Water System ................................................................................................................... 6

3.4 Locations of Exposed Industrial Activities and Industrial Materials ..................................................... 6

3.5 Erosion Potential .................................................................................................................................. 6

4.0 DESCRIPTION AND ASSESSMENT OF INDUSTRIAL ACTIVITIES AND MATERIALS, POTENTIAL

POLLUTANT SOURCES, AND POLLUTANTS ............................................................................................. 7

4.1 Quarry, Primary Crusher, and Cement Plant ....................................................................................... 7

4.2 Surge Pile ............................................................................................................................................. 8

4.3 Rock Plant Equipment and Material Storage ....................................................................................... 8

4.4 Rock Plant Haul Road .......................................................................................................................... 8

4.5 EMSA ................................................................................................................................................... 8

4.6 Truck and Equipment Maintenance ..................................................................................................... 8

October 5, 2018 1665523002

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4.7 Truck Washing Area ............................................................................................................................. 9

4.8 Former Aluminum Plant Equipment Storage ....................................................................................... 9

4.9 Additional Areas ................................................................................................................................... 9

4.9.1 QC Laboratory ................................................................................................................................. 9

4.9.2 Wastewater Treatment Plant .......................................................................................................... 9

4.10 Non-Stormwater Discharges ................................................................................................................ 9

5.0 BEST MANAGEMENT PRACTICES ............................................................................................................ 10

5.1 Good Housekeeping .......................................................................................................................... 10

5.2 Preventative Maintenance .................................................................................................................. 11

5.3 Spill and Leak, Prevention and Response ......................................................................................... 11

5.4 Material Handling and Waste Management ....................................................................................... 12

5.5 Fuel, Oil, Used Oil, and Antifreeze Delivery and Pickup .................................................................... 12

5.6 Leakage of Oil from Stored Equipment and Vehicles ........................................................................ 13

5.7 Equipment/Vehicle Fueling ................................................................................................................ 13

5.8 Erosion and Sediment Control ........................................................................................................... 13

5.9 Employee Training Program .............................................................................................................. 13

5.10 Quality Assurance and Record Keeping ............................................................................................ 14

6.0 ADVANCED STRUCTURAL, SOURCE CONTROL, AND TREATMENT BMPS ....................................... 14

6.1 Overhead Coverage ........................................................................................................................... 15

6.2 Stormwater Detention Basins............................................................................................................. 15

6.3 Particle Filtration ................................................................................................................................ 15

6.4 Secondary Containment ..................................................................................................................... 15

6.5 Advanced Erosion and Sediment Control .......................................................................................... 15

6.5.1 Erosion Control ............................................................................................................................. 16

6.5.2 Sediment Control .......................................................................................................................... 17

7.0 MONITORING AND REPORTING PROGRAM ............................................................................................ 18

8.0 REFERENCES .............................................................................................................................................. 20

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TABLES

Table 1: Pollution Prevention Team

Table 2: Materials Inventory

Table 3: Activity, Sources, Potential Pollutants, and Recommended BMPs

FIGURES

Figure 1: Regional Setting

Figure 2: Site Vicinity

Figure 3: SWPPP Site Map Overview

Figure 4: Catchment Discharge Point 002

Figure 5: Catchment Discharge Point 003

Figure 6: Catchment Discharge Point 004

Figure 7: Catchment Discharge Point 005

Figure 8: Catchment Discharge Point 006

Figure 9: Rock Plant Haul Road

No table of figures entries found.

APPENDICES

APPENDIX A

BMP Inspection Form

APPENDIX B

Employee Training Log

APPENDIX C

CASQA BMP Handbooks

October 15, 2018 1665523002

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Stormwater Pollution Prevention Plan (SWPPP)

Project Information and Certification

May 2014

Regional Water Quality Control Board Order No. R2-2014-0010

NPDES Permit No. CA0030210

Project Information

Prepared for: Lehigh Southwest Cement Company and Hanson Permanente Cement, Inc.

24001 Stevens Creek Blvd.

Cupertino, CA 95014

Contact: Keith Krugh, Plant Manager

(408) 996-4231

CIWQS Place No.: 273205

Reviewing Agency

Jurisdiction: Regional Water Quality Control Board, Central Coast Region

Permit Number: CA0030210

Contact: John Madigan, P.E. at (510) 622-2405

Project Engineer

Prepared by: Golder Associates Inc.

425 Lakeside Drive

Sunnyvale, CA 94085

(408) 220-9223

(408) 220-0224 (fax)

Contact: Mark Naugle, PE, TOR-QISP

Project Number: 165523002

October 15, 2018 1665523002

Plan Certification

I certify under penalty of law that this document and all attachments were prepared under my direction or

supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate

the information submitted. Based on my inquiry of the person or persons who manage the system, or those

persons directly responsible for gathering the information, the information submitted is to the best of my

knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting

false information, including the possibility of fine and imprisonment for knowing violations.

Date

GOLDER 2

October 15, 2018 1665523002

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1.0 INTRODUCTION

Golder Associates Inc. (Golder) has prepared this Stormwater Pollution Prevention Plan (SWPPP) for the Lehigh

Southwest Cement Company’s Permanente Plant (Facility) located at 24001 Stevens Creek Blvd., Cupertino,

Santa Clara County, California. The Facility is a limestone quarry and cement production facility that also

produces construction aggregate. Lehigh Southwest Cement Company operates the Facility, which is owned and

Hanson Permanente Cement, Inc., (Lehigh) owns.

The Facility’s surface water discharges, including stormwater, are regulated by waste discharge requirements

(WDRs) in Order Number R2-2014-0010 and amended per Order No. R2-2017-0030, National Pollutant

Discharge Elimination System (NPDES) Permit Number CA0030210 (NPDES Permit).

The NPDES permit prohibits any process water-related discharges except through a single, treated, discharge

point (Discharge Point 001, Pond 4A), such that all remaining discharge points are comprised of stormwater

and/or authorized non-stormwater.,

Golder has prepared this SWPPP on behalf of Lehigh consistent with Provision C.6.a of the NPDES Permit. The

NPDES Permit requires Lehigh to prepare a SWPPP that contains information and describes measures

consistent with the requirements in Waste Discharge Requirements for Discharges of Storm Water Associated

with Industrial Activities Excluding Construction Activities, NPDES General Permit No. CAS000001 (State Water

Board Order No. 97-03-DWQ), Section A, Storm Water Pollution Prevention Plan Requirements (General Permit).

The NPDES Permit Provision VI.C.6 also provides SWPPP requirements.

The NPDES prohibitions limit discharges from Discharge Point Nos. 002 – 006 (Ponds 13B, 9, 17, 20, and 30)

except as a result of precipitation, or to discharge stored water and the effluent limitations include numerical limits

applied to total suspended solids (TSS), oil and grease (O&G), pH, settleable matter, and turbidity. The NPDES

Permit also includes stormwater action levels for certain metals, conductivity, visible oil, and visible color that will

be considered in this SWPPP.

Stormwater in several drainage areas, or catchment areas, of the Facility are comingled with process waters, and,

therefore, the NPDES Permit requires that these catchment areas be discharged through a single, treated

discharge point (Discharge Point No. 001). Discharge Point No. 001 is covered under different facility plans.

The purpose of the SWPPP is to protect surface water quality by reducing the amount of pollutants in stormwater

runoff for Discharge Point Nos. 002 through 006. The industrial activities at the Facility generally include mining,

processing of minerals, production of Portland cement, storage of construction aggregates.

The SWPPP has two major objectives:

  • To identify and evaluate sources of pollutants associated with industrial activities that may affect the quality of stormwater discharges from the Facility; and
  • To identify and implement site-specific Best Management Practices (BMPs) to reduce or prevent pollutants associated with industrial activities in stormwater discharges.

Preparation of this SWPPP does not guarantee compliance with the NPDES Permit. It is the responsibility of Lehigh to implement the necessary BMPs and recommendations set forth in this document.

October 15, 2018 1665523002

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This SWPPP has been prepared by Golder for the exclusive use of Lehigh. Golder prepared this SWPPP based

upon information provided by Lehigh and a site visit conducted by George Wegmann and Mark Naugle, PE of

Golder on April 21, 2014 and Mark Naugle on October 2, 2018. This SWPPP is revised as needed.

2.0 STORMWATER PLANNING AND ORGANIZATION

This section of the SWPPP identifies specific individuals that comprise the Lehigh Pollution Prevention Team

(PPT) that are responsible for developing, implementing, and revising the SWPPP. The PPT will review the

SWPPP annually and update the SWPPP as necessary. This SWPPP is a public domain document.

2.1 Position Responsibilities

The Plant Manager provides overall management of the implementation of this SWPPP. The Stormwater Team

Leader/ Environmental Manager provides coordination of the implementation of this SWPPP.

2.2 Pollution Prevention Team

The PPT will help the Plant Manager implement the SWPPP, identify necessary SWPPP revisions, and conduct

required monitoring activities. The Lehigh PPT is further described in the following sections.

 

Table 1: Pollution Prevention Team

Formula Placeholder

 

2.2.1 Team Responsibilities

The PPT is comprised of several key individuals as shown in Table 1. Each member is listed in the table along

with his/her job title and responsibilities. The PPT is responsible for:

  • Implementing the SWPPP.
  • Assisting in SWPPP maintenance and modification.
  • Holding regular meetings to review the overall operation of BMPs.
  • Establishing responsibilities for sampling, inspections, operations and maintenance, and availability for emergency situations.
  • Arranging for training of all team members in the operation, maintenance and inspections of BMPs.
  • Conducting good housekeeping inspections of the Facility. Any spills, leaks or other potential sources of pollutants will be identified and removed.

 

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2.2.2 Responsible Persons

Keith Krugh, plant manager, is the Responsible Person (RP) for stormwater pollution prevention at this facility,

and is responsible for oversight of:

  • SWPPP development
  • Implementation and revision of the SWPPP
  • Implementation of monitoring program activities required in the NPDES Permit

The designated Alternate RP, environmental engineer Manju Shivalingappa, will perform these duties in the

absence of the RP.

2.3 Other Requirements and Existing Facility Plans

The Facility’s air emissions are regulated by a Title V - Major Facility Review Permit issued by the Bay Area Air Quality Management District (BAAQMD). According to BAAQMD Condition 24621, Lehigh maintains and implements a Fugitive Dust Control Plan (Lehigh 2010) consistent with the Title V permit. Control measures identified in this plan will reduce the generation of particulates that could be exposed to stormwater at the Facility.

The NPDES Permit requires that Lehigh develop a Facility Reliability Assurance Plan (FRAP) no later than May 16, 2014 that describes measures in place to ensure the reliability of the Facility’s system in preventing inadequately treated wastewater from being discharged and in preventing catastrophic failures of ponds.

Wastewater will be referred to herein as process water and includes process water from the Reclaim Water System, Quarry, and Primary Crusher and stormwater which comingles with process water.

The NPDES Permit requires that Lehigh maintain a BMP Plan in usable condition and available for reference and use by all appropriate personnel. The BMP Plan shall be developed and implemented to minimize the potential impact of periodic discharges to Permanente Creek, to prevent the accidental release of toxic or hazardous substances into the environment, and to minimize and mitigate the effects of any such releases using equipment and techniques available and practical for such use. The BMP Plan will be consistent with U.S. EPA’s Guidance Manual for Developing Best Management Practices (October 1993, EPA 833-B-93-004) and will, at minimum, include BMPs described in NPDES General Permit No. CAS000001 (State Water Board Order No. 97-03-DWQ), Section A, Storm Water Pollution Prevention Plan Requirements.

Other plans that describe the management of materials and practices at this facility, which may affect the management of stormwater include the following (these plans are NOT a part of the SWPPP).

  • Spill Prevention Control and Countermeasure Plan (SPCC)
  • Hazardous Materials Business Plan (HMBP)
  • Emergency Contingency Plan
  • Reclamation Plan Amendments

3.0 FACILITY DESCRIPTION

The following sections describe the Facility layout, industrial activities, and significant materials. Significant

materials are those materials that should be considered when assessing potential stormwater pollutants.

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3.1 Facility Location and Layout

The Facility is located at 24001 Stevens Creek Road in the southern San Francisco Bay Area, in the foothills of

unincorporated western Santa Clara County, just west of the City of Cupertino, California, as shown on Figures 1

and 2. The climate of the southern San Francisco Bay Area is Mediterranean, characterized by mild, wet winters,

and warm, dry summers.

Lehigh mines and processes minerals at the Facility and produces Portland cement from limestone and stone

quarried onsite. As shown on Figure 2, the Facility consists mainly of an active mining area (quarry), primary

crusher, a cement plant, rock plant, material storage areas, roads, and a conveyor system for transporting the

processed materials.

3.2 Surrounding Activities and Structures

Land to the west of the Facility is open space. Stevens Creek Quarry is located to the south of the Facility

(Figure 2) along with rural residential areas and small agricultural operations including some vineyards. Land uses

to the east of the Facility include open space and recreational areas along with residential subdivisions. North of

the Facility is open space and recreational areas. The areas surrounding the Facility that might produce run-on

include vegetated slopes.

3.3 Site Drainage

The Facility lies within the Permanente Creek watershed. Permanente Creek discharges into southern San

Francisco Bay. Precipitation that falls within the Facility is managed within six catchment areas. These catchment

areas are shown on Figure 3. The catchment areas are identified by the retention basins or ponds where

stormwater runoff within the catchment areas is captured. The ponds discharge via standpipe and culverts to

Permanente Creek.

The stormwater discharges are identified in the NPDES permit as Discharge Point Nos. 002 through 006. The

stormwater related catchment areas and associated discharge locations are listed below:

  • Pond 13B (Discharge Point No. 002)
  • Pond 9 (Discharge Point No. 003)
  • Pond 17 (Discharge Point No. 004)
  • Pond 20 (Discharge Point No. 005)
  • Pond 30 (Discharge Point No. 006)

Each of the stormwater drainage areas is described in the following sections. As noted previously, stormwater in

several catchment areas (Reclaim Water System including the Cement Plant and Truck Wash) of the Facility are

comingled with process waters and is treated and discharged under Discharge Point No. 001. Since 2014, Lehigh

has made numerous Facility improvements to divert more stormwater to the Reclaim Water System from the

stormwater discharge catchments (Discharge Point Nos. 002 through 006).

3.3.1 Pond 13B (Discharge Point No. 002)

Pond 13B is located upgradient of the north bank of Permanente Creek. Stormwater runoff runs down the slope to

Pond 13B. The location of Pond 13B and the associated catchment are provided in Figure 4.

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Water in Pond 13B is typically retained, evaporates, and/or infiltrates. Pond 13B also has an overflow pipe to

allow direct discharge to Permanente Creek if the water level in the pond reaches the elevation of the overflow

pipe. The inlet to the overflow pipe is at the top of the pond side slope at the downgradient end of the pond. The

overflow pipe is a 24 inch corrugated metal pipe (CMP) that conveys the overflow waters down the slope,

approximately fifty feet, in a controlled fashion, into Permanente Creek. Since at least May 2007, no direct

discharge from Pond 13B through this overflow pipe has been observed.

3.3.2 Pond 9 (Discharge Point No. 003)

Pond 9 is located adjacent to a road, near the north bank of Permanente Creek, south of the cement plant. The

location of Pond 9 is provided in Figure 5. Formerly, Pond 9 received stormwater runoff from upgradient roads

and hillsides, the Surge Pile, the cement plant stockpile storage, upper equipment storage area, and pumped

water from the Dinky Shed Catchment. Pond 9 also formerly received excess process and/or stormwater from the

Reclaim Water System that was pumped from Pond 11, (which was permitted under the CDO until October 1,

2014).

Because of the presence of the California red-legged frog (a threatened species) discovered in Pond 9, Lehigh

has worked to redirect any stormwaters flowing through process areas from reaching the pond. The pond only

receives stormwater from adjacent slopes, and upwelling ground or creek water from beneath the pond. A

groundwater seep originating near the western portion of the rock plant may reach Pond 9 via a half CMP and

drainage swale. The permit was amended to reflect this change, modify the sampling requirements, and remove

the effluent limitations and stormwater action levels for this discharge.

The Dinky Shed Catchment may receive stormwater runoff that has been diverted from Pond 9, as well as water

from a lower section of the Facility’s Rock Plant access road. (Runoff from the upper section of the road flows to

Pond 17.) Water from the Dinky Shed Catchment is pumped to Pond 1.

3.3.3 Pond 17 (Discharge Point No. 004)

Pond 17 was designed to discharge stormwater flows from the Rock Plant area into Permanente Creek. The Rock

Plant stormwater is diverted toward the Dinky Shed, through Pond 20 (Discharge Point No. 005), and/or

Discharge Point No 004 (Figure 6).

In the southern part of the Rock Plant is a haul road that heads south upslope towards Stevens Creek Quarry to

the south as shown on Figure 8. The road is graded to drain along a ditch on the west side of the road. About

halfway down the road there is a catch basin that collects water in the ditch and discharges to a drain pipe that

conveys runoff down the slope and discharges at the bottom of the slope. Runoff from the road then flows

overland to Pond 20 or could be diverted to Pond 17.

The stormwater in this area includes rain falling directly on the Rock Plant and the haul road; stormwater from

portions of the adjacent hillsides is diverted by pipeline B as to prevent run-on from entering the Rock Plant area.

3.3.4 Pond 20 (Discharge Point No. 005)

Pond 20 is located at the base of a slope south of the historical, non-operational, former Aluminum Plant and

general plant entry road. The location of Pond 20 and the associated catchment is provided in Figure 7. Pond 20

is a shallow depression that receives stormwater runoff from the slope, a small section of the road opposite to

former Aluminum Plant, and the entry road directly or from Pond 19, which drains the same catchment area. Pond

20 also receives some water from the Rock Plant road. The discharge from Pond 20 continues to flow easterly

through vegetation, including Pond 21, and enters Permanente Creek near the entry road overpass. The Pond 20

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area contains many BMPs including a lined inlet with multiple gabion basket check dams, flocculent logs, and

sodium bisulfite for pH correction. Water diversion speed bumps and sand bags separate process water from

industrial stormwater and minimize contact with impurities.

3.3.5 Pond 30 (Discharge Point No. 006)

Pond 30 receives stormwater from the East Materials Storage Area (EMSA) and access roads. The location of

Pond 30 and the associated catchment is provided in Figure 8. Stormwater runoff from the access road starting

near the cement plant is conveyed downslope alongside the access road and is collected in detention basins

(Ponds 31A and 31B) near the top of the slope and is conveyed via pipeline and drainage swales down to Pond

30. The operational areas around the eastern portion of the EMSA have been redirected to route flow into Pond

30. There is an outlet standpipe in Pond 30 that overflows through an underground pipe to a vault equipped with

pumps to transport the stormwater to Pond 11 (Reclaim Water System). The stormwater is then treated and

discharged via Discharge Point No. 001.

A French drain has been constructed adjacent to Pond 30 and the inlet ditch to intercept underground water flows.

This water is also collected in the vault and pumped to Pond 11 for treatment before discharge.

3.3.6 Reclaim Water System

The Reclaim Water System is a combination of industrial stormwater and process water from the Quarry, Primary

Crusher, Cement Plant, and Truck Wash. Further detail about the Reclaim Water System sources is included in

the Pollution Prevention Plan.

3.4 Locations of Exposed Industrial Activities and Industrial Materials

Significant industrial activities and materials that could be exposed to stormwater in catchment areas for

Discharge Point Nos. 002, 004, 005, and 006 include:

  • Settled dust and particulate matter from mining of limestone and overburden in the Quarry
  • Settled dust and particulate matter from rock crushing at the Primary Crusher
  • Onsite material transport by trucks along facility roads
  • Fueling and servicing of equipment and vehicles
  • Settled dust and particulate matter from cement processing

The locations of these activities and materials are shown on Figure 3.

3.5 Erosion Potential

The Facility is primarily unpaved, except for in the cement plant area. Erosion of non-vegetated areas can cause

sediment mobilization and increased sediment loading in stormwater discharges. Additional sources of disturbed

sediments include erosion from haul roads. Most of the drainage pathways at the Facility flow toward retention

ponds or are pumped from low lying areas into the respective retention ponds.

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4.0 DESCRIPTION AND ASSESSMENT OF INDUSTRIAL ACTIVITIES AND

MATERIALS, POTENTIAL POLLUTANT SOURCES, AND

POLLUTANTS

The NPDES Permit establishes the monitoring program for stormwater and includes discharge limitations or action levels for the following potential stormwater pollutants:

  • Discharge Limitations:
  • total suspended solids (TSS)
  • oil and grease (O&G)
  • pH
  • settleable matter
  • turbidity
  • Action Levels:
  • conductivity
  • metals: chromium VI, mercury, nickel, selenium, thallium
  • visible oil
  • visible color

Industrial activities and materials at the facility that are potential sources of these pollutants include: materials the facility mines, crushes, transports, and processes; materials storage; equipment fueling and maintenance; truck and equipment transport, repairs, maintenance, and washing; settled dust and particulate matter resulting from facility operations; and wastewater treatment.

Lehigh mines and processes limestone at the facility and produces Portland cement. Overburden and limestone that are not suitable for cement manufacturing is deposited in materials storage areas. Finished Portland cement is shipped by bulk truck or trucked in bags to offsite commercial markets. Additionally, regulated hazardous materials are stored at the facility for use in all aspects of facility operations. An HMBP for the facility has been prepared and a copy is kept onsite and provided to local enforcement agencies.

Table 2 lists materials used outside of the Reclaim Water System and Discharge Point 001 that could be potential stormwater pollutants. The table provides a summary of industrial activities where stormwater run-off could originate along with potential sources of pollutants, potential pollutants, and the BMPs to prevent pollutants from entering the stormwater discharges. (Note, the Reclaim Water System and Discharge Point 001 are included in the PPP and BMP Plan). The most likely sources of stormwater pollutants are industrial processes that result in the release of dust and particles, oil and grease, metals, and high pH liquids. Potential pollutant sources are discussed further by area and process in the following sections.

4.1 Quarry, Primary Crusher, and Cement Plant

As discussed in Section 1.0 and 3.3, the catchment areas that include stormwater from the Quarry, and Cement

Plant are not included in this SWPPP; however, dust generated from activities in these areas can migrate to other

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catchment areas, settle on exposed surfaces and potentially pollute stormwater. Fugitive dust emissions are controlled by implementing the Fugitive Dust Control Plan (Lehigh 2010). Also, as identified in Table 3, the Facility

frequently sweeps paved areas to remove settled dust.

4.2 Surge Pile Rock sourced from the quarry operation is stockpiled in the Surge Pile. Stormwater contacting the Surge Pile can be exposed to pollutants including TSS, high pH, settleable matter, turbidity, conductivity, and metals. Stormwater runoff is conveyed through a drainage ditch along an access road to Dinky Shed and/or Pond 20. Several rock

check dams within the ditch slow the runoff flows to reduce the particulate loading in this runoff water.

4.3 Rock Plant Equipment and Material Storage

The Facility stores inactive vehicles, tires, and equipment including process equipment in this area, which is located along the western portion of the Rock Plant. The Facility also stores aggregate material mainly at the western and southern portions of it. The equipment and material are stored outdoors and exposed to stormwater.

Stormwater in this area may be exposed to TSS, O&G, settleable matter, turbidity, conductivity, metals, visible oil, and visible color. Stormwater from this area flows to either Pond 17, Dinky Shed or Pond 20. The Facility maintains BMPs to reduce the flow velocity to reduce the amount of particles in the stormwater. As part of good housekeeping procedures outlined in Section 5.0, these materials will be removed or covered.

4.4 Rock Plant Haul Road

The haul road is located south of the Rock Plant and heads south, upslope, towards Stevens Creek Quarry.

(Figure 9). The road is graded to drain along a ditch containing check dams, on the west side of the road. About halfway down the road there is a catch basin that collects water in the ditch and discharges to a drain pipe that conveys runoff down the slope and discharges at the bottom of the slope. Conveying runoff in a pipe reduces erosion of the ditch. Exposed slopes created during construction of the road have been hydroseeded and straw wattles have been placed perpendicular to the slopes to reduce erosion and sediment migration.

4.5 EMSA

Soils and rock types not used in the cement process that are also mined are collectively described as overburden.

Overburden and any unsuitable limestone have been deposited in the EMSA according to a design described in the Quarry Reclamation Plan. Stormwater contacting the EMSA may be exposed to pollutants including TSS, high pH, settleable matter, turbidity, conductivity, and metals. Stormwater runoff from the EMSA flows through two retention ponds (Ponds 31A and 31B), drainage ditches, and culverts to Pond 30 to settle particles and reduce potential pollutants before discharge. The entire EMSA was covered with non-limestone materials and hydroseeded in 2016 to reduce the risk of stormwater exposure to limestone. EMSA has multiple rock check boxes and water bars along the roads.

As noted previously, the Pond 30 discharge is diverted to the Reclaim Water System.

4.6 Truck and Equipment Maintenance Heavy equipment and trucks are used, repaired, and maintained at the Facility. Routine fueling and maintenance are performed in specific maintenance and fueling areas that are in catchment areas not included in this SWPPP; however, repairs and maintenance can occur at any location of the facility due to equipment malfunction or due to operational constraints. Materials stored in the covered fuel and maintenance area or on the quarry service trucks that may pollute stormwater include diesel fuel, new and used motor oil, miscellaneous lubricants, hydraulic fluids,

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and anti-freeze. These materials are delivered to the site on an as-needed basis. The site maintains an SPCC plan in regard to spill prevention of petroleum materials, including providing SPCC procedures to third party suppliers.

Leaks and spills of oil from containers and filters during transfer operations can expose stormwater to pollutants.

Leaks and spills of oil from the tanks or drums could expose these materials to stormwater. Oil and fluid leaks

from equipment during Facility operations could expose these materials to stormwater. The potential sources of

stormwater pollutants from truck and equipment maintenance include:

  • Leaks and spills of petroleum products during transfer operations
  • Leaks and spills of used oil from the tank and drums
  • Leaking of oil and fluids from trucks

4.7 Truck Washing Area

The Facility maintains wheel and vehicle washers near the Facility entrance. The washwater is collected and

pumped to the Reclaim Water System. Customer vehicles and/ or equipment pass through the washers to prevent

track-out onto public roads. Facility vehicles also pass through the washer before exiting the Facility. This area is

routinely inspected to ensure washwater is contained and properly conveyed to the Reclaim Water System.

4.8 Former Aluminum Plant Equipment Storage

In an area directly northwest of the former Aluminum Plant, the Facility stores process equipment. The equipment

is stored outdoors and is exposed to stormwater. Stormwater in this area appears to pond adjacent to the Former

Aluminum Plant and may be exposed to TSS, O&G, settleable matter, turbidity, conductivity, metals, visible oil,

and visible color.

4.9 Additional Areas

4.9.1 QC Laboratory

The Facility includes a materials testing or Quality Control (QC) Laboratory located along the northeast portion of

the site (Figure 3). Chemical storage is indoors; however, raw materials including gravel are currently stored

outdoors at the QC Laboratory Parking Lot.

4.9.2 Wastewater Treatment Plant

The Facility operates a small wastewater treatment plant to treat domestic wastewater (sewage). This plant is

permitted, and discharges effluent to a thickener tank to be used as part of the Reclaim Water System. Sodium

Hypochlorite and Chlorine tablets are stored within this plant under cover and in secondary containment. While

not anticipated to be significant in amount, any stormwater runoff from the Wastewater Treatment Plant will be

directed to the western access road and discharged through Pond 20.

4.10 Non-Stormwater Discharges

The Facility will implement measures to ensure non-stormwater process water discharges in contact with

industrial areas do not occur.

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5.0 BEST MANAGEMENT PRACTICES

Non-structural, or operational, BMPs generally consist of processes, prohibitions, procedures, schedule of

activities, etc., that reduce potential for exposure of stormwater discharges. The following BMPs are applicable to

Facility activities within catchments for Discharge Points Nos. 002 through 006. The Facility activities and

associated BMPs are summarized on Table 3. Additionally, as noted in Section 2.3, a separate BMP Plan will be

prepared and maintained at the Facility.

5.1 Good Housekeeping

The Facility will implement the good housekeeping BMPs described below.

  • Observe all outdoor areas associated with industrial activities including stormwater discharge locations, drainage areas, conveyance systems, waste handling/disposal areas, and perimeter areas impacted by off- Facility materials or stormwater run-on to determine housekeeping needs. Any identified debris, waste, spills, tracked materials, or leaked materials shall be cleaned and disposed of properly.
  • Before the wet season, inspect storm drain inlets and other conveyances, sedimentation traps and basins, retention ponds, and other BMPs in place at the Facility to assess efficacy. Remove accessible deposited sediment or debris as needed.
  • Sweep paved areas of the Facility daily during the storm season (October 1 through May 30) and weekly during the remainder of the year. Use a regenerative truck sweeper and sweep inaccessible areas by hand. Conduct comprehensive and focused sweeping of paved areas before forecasted rain events.
  • Place drip pans under equipment stored or parked for a week or longer.
  • Minimize or prevent materials tracking.
  • Minimize or reduce dust generated from industrial activities.
  • Ensure that Facility areas impacted by rinse/wash waters are cleaned as soon as possible.
  • Cover stored industrial materials that can be readily mobilized by contact with stormwater.
  • Contain stored easily transported industrial materials (liquid, powder, etc.) that can be transported or dispersed via wind or contact with stormwater.
  • Prevent disposal of any rinse waters, wash waters, or industrial materials into the stormwater system.
  • Minimize or reduce stormwater discharges from non-industrial areas (e.g., stormwater flows from upland, non-industrial areas or from employee parking area) that contact industrial areas of the Facility.

Good housekeeping measures are implemented in the maintenance areas to avoid spills or leaks being tracked outside. Per the Facility’s SPCC Plan (LFR Inc. 2006), the following activities occur:

  • A member of the PPT observes parking lots, driveways, and storage areas and removes trash and debris on a regular basis.
  • Oils, other liquids, chemicals and used oils/liquids are stored in labeled containers with tight-fitting lids and secondary containment in the maintenance area or appropriate storage area.

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  • Suitable spill kits are maintained near the maintenance area and oil storage area.
  • Facility personnel promptly implement established spill cleanup procedures for leaks and spills. These procedures are detailed in the SPCC Plan.
  • In the event that vehicle or movable equipment maintenance or repairs are performed in uncovered areas, a member of the PPT inspects the area where the maintenance or repair occurred and ensures that waste products, including pollutant-containing fluids deposited or spilled on the ground as a result of the maintenance or repair are cleaned up.

Additionally, per the Reclamation Plan, the BMPs within the reclamation plan boundary are inspected during the rainy season at least once a month and after any significant rain event1.

5.2 Preventative Maintenance

The Facility implements the preventative maintenance procedures described below.

  • Identify equipment and systems used outdoors that may spill or leak potential stormwater pollutants
  • Observe the identified equipment and systems to detect leaks, or identify conditions that may result in the development of leaks
  • Establish an appropriate schedule for maintenance of identified equipment and systems
  • Establish procedure for prompt maintenance and repair of equipment, and maintenance of systems when conditions exist that may result in the development of spills of leaks A member of the PPT performs monthly visual inspections using checklists that include checking for signs of deterioration of equipment, containers, and metal accessories that are stored outside. The inspection identifies corrosion, structural failure, spills, leaks, etc. and equipment is repaired/ replaced as needed. The Facility performs inspections consistent with the SPCC, the HMBP, and this SWPPP. An example SWPPP BMP inspection form is included in Appendix A. Completed forms can be maintained in Appendix A and must be maintained for five years.

5.3 Spill and Leak, Prevention and Response

The Facility implements the spill prevention procedures described below consistent with the Facility SPCC and

HMBP.

  • Establish procedure and/or controls to minimize spills and leaks.
  • Develop and implement spill and leak response procedures to prevent industrial materials from discharging through the stormwater conveyance system. Spilled or leaked material shall be cleaned and disposed of properly.
  • Identify and describe all necessary and appropriate spill and leak response equipment, location(s) of spill and leak response equipment, and spill or leak response equipment maintenance procedures.
  • Identify and train appropriate spill and leak response personnel

1 Completed by facility environmental personnel, contractor personnel, or both

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Facility personnel properly label and use lids to seal cans and drums storing liquids and use spigots, pumps, and

funnels to dispense and transfer liquids to reduce the possibility of spills. Drip pans or other protective devices are

used for liquid transfer operations to catch incidental spillage and drips from dispensing products from drums,

barrels, or dispenser pumps. Used liquids, including petroleum hydrocarbons and coolant, are stored under cover

and within secondary containment pending removal by a hazardous waste disposal contractor. Containers of

products like paint, solvents, or cleaners are completely emptied before disposal in the solid waste garbage,

returned to the supplier, or handled as hazardous waste if not empty. Spill cleanup kits are maintained near the

material storage areas consistent with the SPCC.

If required, spills must be immediately reported to proper authorities. Reporting is required for spills of oil or

hazardous substances greater than the reportable quantities described in CFR Title 40, Parts 302.4 and 117 and

the Facility’s SPCC and HMBP. Forms for describing significant spills and leaks and recording response

procedures are included in the Facility’s SPCC and HMBP.

5.4 Material Handling and Waste Management

The following material handling and waste management procedures are implemented as described below.

  • Control dust generation by implementing the control measures in the Fugitive Dust Control Plan (Lehigh 2010).
  • Prevent or minimize handling of industrial materials or wastes that can be readily mobilized by contact with stormwater during a storm event.
  • Cover waste disposal containers and materials storage containers when not in use.
  • If practicable, cover outdoor materials 48 hours ahead of likely storm events forecast at 50 percent or greater probability.
  • Divert run-on and stormwater generated from within the Facility away from all stockpiled materials.
  • Clean all spills of industrial materials/wastes that occur during handling in accordance with the spill response procedures in the Facility’s SPCC and HMBP.
  • Observe and clean as appropriate, any other material/waste handling equipment or containers  that can be contaminated by contact with industrial materials or wastes.

Equipment leak prevention and spill cleanup procedures are discussed in Sections 5.2 and 5.3.

5.5 Fuel, Oil, Used Oil, and Antifreeze Delivery and Pickup

Fuel, oil delivery and used oil and used antifreeze pickup are attended by a Facility representative. The lowermost

drain and outlets of delivery vehicles are inspected for evidence of leakage prior to filling and prior to

departure. The ground surface is inspected for spills and drips and corrective action is taken as needed. The

drains and outlets are tightened, adjusted, or replaced to prevent liquid discharge while in transit. If a spill due to a

hose connection/equipment failure were to occur, the spilled material would be contained using spill kit material,

and the resulting contaminated clean-up materials would be transferred to a storage container for off-site disposal.

These procedures as well as a notification to vendors providing these services are included in the Facility’s SPCC

plan.

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5.6 Leakage of Oil from Stored Equipment and Vehicles

Occasionally fuel, hydraulic oil, or engine oil may drip from stored vehicles and equipment. Any such leakage

should be identified during daily inspection of the Facility and reported to the Stormwater Team Leader so that

corrective actions can be taken to:

  • Repair the equipment to eliminate the leak
  • Contain the leak, using absorbent “diapers” or pads, or a pan or bucket, until equipment can be repaired
  • Containerize and properly dispose of used absorbent materials, and replace that material used in the spill kit

5.7 Equipment/Vehicle Fueling

Equipment and vehicle fueling activities have the potential to contribute spillage of gasoline or diesel fuel. To

ensure this activity does not contribute to hydrocarbon contamination of stormwater, the following BMPs are

implemented and these activities are performed consistent with the Facility’s SPCC:

  • Fueling during heavy rainfall events should be avoided (when possible).
  • Fueling of equipment or vehicles will be attended by an operator.
  • Spill response kits with appropriate absorbent materials (oil dry, absorbent booms and pillows/pads) will be maintained and absorbents deployed at the time of a spill to insure complete and immediate clean up.
  • Used absorbent materials will be containerized and properly disposed of and materials used will be replaced in the spill kit.

5.8 Erosion and Sediment Control

The majority of the Facility ground surface is unpaved. To prevent soil erosion and sediment transport in

stormwater, the Facility implements the erosion and sediment control procedures described below to the extent

practicable.

  • Maintain effective perimeter controls; site entrances and exits are paved and swept to control discharges or tracking of erodible materials
  • Control dust generation by implementing the control measures in the Fugitive Dust Control Plan (Lehigh 2010)
  • Divert runoff from within the Facility away from erodible materials
  • Maintain drainage and erosion control systems and all-weather working surfaces at the site
  • Maintain vegetation on intermediate slopes, including track walking, hydroseeding and placement of mulch or straw on sparsely vegetated inactive earth surfaces prior to October 1 of each year. Advanced erosion and sediment control, structural controls, and specific implementation details are also discussed in Section 6.

5.9 Employee Training Program

The Facility implements the employee training program procedures described below and consistent with the

SPCC and HMBP.

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  • Ensure that all team members implementing the various compliance activities in the SWPPP are adequately trained to implement the requirements of the NPDES Permit, including but not limited to: BMP implementation, BMP effectiveness evaluations, visual observations, and monitoring activities.
  • Prepare or acquire appropriate training manuals or training materials
  • Identify which personnel need to be trained, their responsibilities, and the type of training they shall receive
  • Provide a training schedule
  • Maintain documentation of all completed training classes and the personnel that received training in the SWPPP

The Facility has an established training program. The PPT will provide annual training for current and future

employees. The PPT will provide training for new employees within 30 days. This training will include good

housekeeping procedures, preventive maintenance, spill prevention and response, BMP maintenance, and record

keeping.

Facility employees that have direct responsibilities in areas of the Facility that have the potential to impact

stormwater will receive SWPPP training annually. More frequent training will be conducted as necessary to

address employee turnover. All PPT and employee training is to be documented and the records will be stored

with the SWPPP. Records of employee training are to be kept for at least 5 years. Employee training records may

be kept on the form provided in Appendix B.

5.10 Quality Assurance and Record Keeping

The Facility implements the quality assurance and record keeping procedures described below.

  • Develop and implement management procedures to ensure that appropriate staff implements all elements of the SWPPP, including the monitoring and reporting program in the NPDES Permit
  • Develop a method of tracking and recording the implementation of BMPs identified in the SWPPP (BMP Inspection and Preventative Maintenance Log, Appendix A)
  • Maintain the BMP implementation records, training records, and records related to any spills and clean-up related response activities for a minimum of five (5) years

The PPT or plant manager is responsible for ensuring that all elements of the SWPPP are implemented, that BMP

implementation is tracked and recorded, and that all records required by the NPDES Permit and SWPPP are

maintained for a minimum of 5 years. Quality assurance activities undertaken will be documented and entered

into the SWPPP records.

6.0 ADVANCED STRUCTURAL, SOURCE CONTROL, AND TREATMENT

BMPS

Structural BMPs are to be considered when non-structural BMPs have been ineffective. Structural BMPs consist

of structural devices that reduce or prevent pollutants in stormwater discharges. Examples include:

  • Overhead coverage
  • Retention ponds, basins or surface impoundments October 15, 2018 1665523002 15
  • Berms or other run-on/run-off channeling devices
  • Secondary containment structures
  • Treatment through inlet controls, filtration, or vegetative swales that reduce the pollutants in surface waters

discharged from the site

The following structural controls are implemented at the Facility.

6.1 Overhead Coverage

The Facility stores petroleum products and other fluids and materials associated with equipment maintenance

under cover to the extent practicable. This overhead coverage reduces or prevents the potential for stormwater

pollutants associated with these activities from contacting or entering stormwater. These potential pollutants

include TSS, O&G, metals, and visible oil.

6.2 Stormwater Detention Basins

Several stormwater detention basins are located at the Facility: Pond 9, Pond 13B, Pond 17, Pond 30, Pond 31A,

Pond 31B, and SB-7. The locations of the stormwater detention basins are shown on Figure 3 and more detailed

views are shown on Figures 4 through 9. Pond 20, given its configuration as a drainage throughput, and not a

traditional “pond,” and does not contain freeboard necessary to accomplish retention of stormwater flows.

Detention basins allow particulates to settle before stormwater is discharged. Potential pollutants mitigated by the

retention basins include TSS, settleable matter, turbidity, conductivity, and metals. Annual sediment removal from

these basins should be performed to maintain retention capacity and reduce potential pollutant exceedances

associated with particulates.

6.3 Particle Filtration

The Facility implemented BMPs to aid in the filtration of stormwater runoff. For example, several gravel check

dams were installed along Discharge Point No. 005 drainage to promote filtering of the stormwater prior to

discharge.

6.4 Secondary Containment

The Facility uses secondary containment for the storage of petroleum products and other fluids and materials

associated with equipment maintenance and hazardous materials. The secondary containment reduces or

prevents the potential exposure of these materials to stormwater.

6.5 Advanced Erosion and Sediment Control

Activities that generate the potential for erosion and sediment migration include transport and storage of

limestone, unsuitable limestone, and overburden rock and soil. Operations at the site expose slopes and access

roads to erosion. Erosion or sediment controls are generally commenced as soon as practicable following

completion of soil/ rock disturbing activities. The storm water drainage systems in place have been designed to

divert storm water away from operational areas and to stormwater retention basins.

Specific narrative descriptions of BMPs that are implemented at the Facility, to the extent practicable, are listed by

category in each of the following sections. Additionally, a copy of the California Stormwater Quality Association

(CASQA) BMP Handbook fact sheets for erosion and sediment control BMPs for implementation guidance and

reference is attached as Appendix C.

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6.5.1 Erosion Control

Erosion control, also referred to as soil stabilization, consists of source control measures that are designed to

prevent soil particles from detaching and becoming transported in stormwater runoff. Erosion control BMPs

protect the soil surface by covering and/or binding soil particles. The Facility will incorporate erosion control

measures that are effective and result in the reduction of sediment related pollutants in stormwater discharges.

The Facility will implement the following practices for effective temporary and longer-term erosion control during

soil disturbing activities:

  • Preserve existing vegetation where practicable and when feasible.
  • Implement temporary erosion control measures with focused implementation prior to the wet season.
  • Stabilize non-active areas prior to the wet season.
  • Control erosion in concentrated flow paths by applying erosion control products and maintaining swales as required.
  • Apply hydroseed for vegetation development or other longer-term erosion control such as non-limestone rock to areas deemed available for longer-term controls (e.g. areas no longer planned for soil disturbance).

Sufficient erosion control materials will be maintained on-site to allow implementation in conformance with the

SWPPP. This includes implementation of BMPs in active areas and non-active areas before the onset of rain.

The BMPs that should be considered for implementation to prevent erosion include:

  • Scheduling: Operating activities will be scheduled with the incorporation of both soil stabilization and sediment control measure BMPs to reduce the discharge of pollutants. The schedule will limit exposure of disturbed soil to wind, rain, and stormwater run-on and run-off where practicable.
  • Preservation of Existing Vegetation: Existing vegetation will be maintained to the extent practicable.
  • Hydroseeding: Hydroseeding or other longer-term erosion control such as placement of non-limestone rock will be applied in areas deemed available for longer-term controls to protect disturbed soil areas from soil erosion. The hydroseeding materials will be applied after final grading operations. The application of hydroseeding materials will be performed in accordance with manufacturer’s specifications.
  • Geotextile and Mats: Geotextile, erosion control matting (ECM), or non-limestone rock should be installed in all v-ditches where the erosive potential exceeds the resistance of the native compacted soil; the application of ECM will be performed in accordance with manufacturer’s specifications. ECMs, should not include any synthetic component because of this material's potential adverse impact to Wildlife
  • Slope Protection:
  • Slope drains consist of a pipe used to intercept and direct surface runoff into a stabilized watercourse, trapping device, or retention basin. Slope drains are used with earth dikes and drainage ditches to intercept and direct surface flow away from slope areas to protect cut or fill slopes.
  • Compost Blankets can be applied to protect disturbed soil areas from soil erosion, and can be used as an alternative to hydroseeding, particularly on steeper slopes.
  • Soil Binders

October 15, 2018 1665523002

17

  • Soil binding consists of application and maintenance of a soil stabilizer to exposed soil surfaces including unpaved roads. Soil binders are materials applied to the soil surface to temporarily prevent water and wind induced erosion of exposed soils. Examples of soil binders that are recommended include:
    • Earthguard®: a useful soil stabilizing emulsion specifically formulated to reduce erosion and sediment runoff. Earthguard can be applied by water truck or by spray application.
    • Gorilla-Snot®: a useful biodegradable liquid copolymer used to stabilize and solidify any soil or aggregate as well as provide erosion control and dust suppression.
    • Posi-Shell®: a spray-applied, mineral mortar coating, similar to stucco that is the ideal erosion control solution when immediate performance is imperative. Posi-Shell effectively stabilizes steep slopes, controls dust and controls erosion.

6.5.2 Sediment Control

Sediment controls are structural measures that are intended to complement and enhance the selected erosion

control measures and reduce sediment discharges from disturbed soil areas. Sediment controls are designed to

intercept and settle out or filter soil particles that have been detached and transported by the force of water.

Sufficient quantities of temporary sediment control materials will be maintained on-site to allow implementation of

temporary sediment controls in the event of predicted rain and for rapid response. This includes implementation

requirements of BMPs in active areas and non-active areas that require deployment before the onset of rain. The

BMPs that should be considered for implementation to prevent sediment migration from disturbed soil areas

include:

  • Fiber Rolls (or straw wattles): Fiber rolls or straw wattles can be installed surrounding the entire outside perimeter of the disturbed soil area as well as surrounding stockpiles. Fiber rolls should be placed along the toe, top, face, and at grade breaks of exposed and erodible slopes to shorten slope lengths and spread runoff as sheet flow Fiber rolls, should not include any synthetic component because of this material's potential adverse impact to Wildlife.
  • Check Dams: Check dams are small dams, which can be either temporary or permanent, built across a minor channel, v-ditch, swale, bioswale, or larger drainage ditch. Check dams reduce erosion and gullying in the channel or ditch and allow sediments and pollutants to settle by slowing down the surface waters.
  • Gravel Bag Berm: Gravel bag berms can be installed along the down gradient perimeter of disturbed soil areas to prevent run-off if there is a sufficient structural base for support and stabilization of the gravel bags. Gravel bags can also be used alongside access roads to reduce flow velocities and settle out particles.
  • Sweeping: Paved areas will be swept daily during the storm season (October 1 through May 30) and weekly during the remainder of the year. The Facility uses a truck sweeper and sweeps inaccessible areas by hand. Comprehensive and focused sweeping of the paved areas is conducted before anticipated rain events.
  • Storm Drain Inlet Protection: Drain inlets (DIs) within the facility should receive drain inlet protection. The Dis will consist of filter fabric (inverse witches’ hats) to filter out any sediment and pollutants before run-off enters the storm drainage systems. DI protection will be installed in a manner that will not cause ponding or pose a threat to traffic safety. If ponding does cause an issue, the source of the ponding will be identified and corrective actions taken if necessary. During critical operations where potential exists of non-stormwater entering the storm drain inlet, the inlet should be sealed off with urethane sheets, plastic covers, or an equivalent product. Once the critical operation is completed the DIs should be opened up again.
  • Flocculent: Flocculent use may need to be approved by the RWQCB. Floc logs introduce a flocculent into the stormwater to promote and accelerate sedimentation in the stormwater basins. The placement of floc logs should be upstream of the stormwater basins to introduce the flocculent upstream, so it is well mixed with the surface water run-off.

7.0 MONITORING AND REPORTING PROGRAM

The monitoring and reporting program (MRP) is provided in Attachment E to the NPDES Permit. The NPDES

Permit Section VI.C.6.a includes requirements for this SWPPP and an annual report. According to VI.C.6.b, the

Annual Stormwater Report must be submitted by July 1 providing data for the previous wet weather season. The

Annual Stormwater Report will include, at a minimum, the following:

  • tabulated summary of all sampling results and a summary of visual observations taken during inspections;
  • comprehensive discussion of the compliance record and any corrective actions taken or planned to ensure compliance with this Order; and
  • comprehensive discussion of source identification and control programs for constituents that do not have effluent limitations (see action levels Section 4.0).

 

October 15, 2018 1665523002

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8.0 REFERENCES

Golder Associates Inc. (Golder). 2014. Facility Reliability Assurance Plan Lehigh Southwest Cement Company

Permanente Plant and Quarry, 24001 Stevens Creek Boulevard, Cupertino, California. May 16, 2014.

Lehigh Southwest Cement Company Permanente Cement Plant (Lehigh). 2010. Fugitive Dust Control Plan.

September 10, 2010. Revised January 20, 2011.

LFR Inc. 2006. Spill Prevention, Control and Countermeasures (SPCC) Plan. June 21, 2006. Revised by Lehigh

November 10, 2011.

 

Tables

Table 2: Material Inventory

Formula Placeholder

Notes:

1. Likelihood determined based on storage method; unlikely - stored indoors or under permanent cover, possible - temporary cover, likely - uncovered.

 

Table 3: Activity, Sources, Potential Pollutants, and Recommended BMPs

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Figures

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APPENDIX A

BMP Inspection Form

BMP Inspection and Preventative Maintenance Log Page 1 of 4

Lehigh Permanente Plant

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APPENDIX B

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APPENDIX C

California Stormwater Quality

Association (CASQA) BMP

Handbook Fact Sheets

 

Formula Placeholder

 

golder.com

 

APPENDIX F:

ANNUAL GREENHOUSE GAS INVENTORY REPORT

Lehigh Southwest Cement Company

24001 Stevens Creek Boulevard

Cupertino, California 95014

(408) 996-4000

Memo

To: Ms. Tressa Jackson From: Manjunath Shivalingappa

Copy: NA Date: 09-23-2019

Subject: Annual Reclamation Plan Amendment Activities Greenhouse Gas Inventory

Annual analysis of the Greenhouse Gas Emissions (GHG) associated with Reclamation Plan

Amendment activities at the Lehigh Southwest Cement Company’s Permanente Quarry

(Quarry) in Santa Clara County, California. This inventory is pursuant to Conditions of Approval

(COA) 71, 72, and 73 of the 2012 Reclamation Plan Amendment, for the reporting period of July

1, 2018 through June 30, 2019.

Methods and Thresholds

The methodology used in this memo to analyze the project’s contribution to global climate

change includes a calculation of GHG emissions associated with Reclamation Plan Amendment

Activities, beyond baseline levels as described in the EIR1, and a comparison of GHG emissions

with the thresholds set forth in the COA. GHG emission would be considered significant and

require mitigation if they exceed 1,100 metric tons of Carbon Dioxide equivalent (CO2e) within a

year. Reclamation Plan Amendment activities included, but not limited to, the following:

• Reclamation of slope, grading, and hauling of materials

• Maintenance of erosion control features

• Hydroseeding activities

• Sediment basin maintenance

The Bay Area Air Quality Management District (BAAQMD) recommends use of the California

Emissions Estimator Model™ (CalEEMod) to estimate GHG emissions associated with

construction of individual development projects and operational GHG emissions.2 CalEEMod is

a statewide land use emissions computer model designed to provide a uniform platform for

government agencies, land use planners, and environmental professionals to quantify potential

criteria pollutant and GHG emissions associated with both construction and operations from a

variety of land use projects.3 The mobile source emission factors used in the model

(EMFAC2011) includes the Pavley standards and Low Carbon Fuel standards into the mobile

Memo to: Ms. Tressa Jackson

09-23-2019

Page 2

1 Activities that are within the baseline, mining activities, ongoing before the 2012 Reclamation Plan

Amendment are not included in these GHG calculations.

2 BAAQMD CEQA Guidelines: Available at http://www.baaqmd.gov/Divisions/Planning-and-

Research/CEQA-GUIDELINES.aspx

3 http://www.caleemod.com/

source emission factors. The model was developed in collaboration with the air districts of

California. Default data (e.g., emission factors, trip lengths, meteorology, source inventory, etc.)

have been provided by the various California air districts to account for local requirements and

conditions.

GHG emissions associated with the projects were modeled using CalEEMod version 2013.2.2

using general project information provided to WRA. Project inputs and assumptions are

summarized in the Table 1 below.

 

Table 1. Off-Road Reclamation Activities Diesel Equipment

Formula Placeholder

 

Greenhouse Gas Inventory Results

An inventory of reclamation activity emissions was taken for the period of July 1, 2018 through

June 30, 2019. Total emissions for the study period were 688.34 metric tons of CO2e. Emissions

were below the threshold of 1,100 metric tons of CO2e as set in COA 71. Therefore, no offset or

additional actions are required to mitigate for GHG emissions.

 

Permanente Quarry 2018-2019

Santa Clara County, Annual

Formula Placeholder

 

CalEEMod Version: CalEEMod.2016.3.2 Page 1 of 19 Date: 10/1/2019 4:04 PM

Permanente Quarry 2018-2019 - Santa Clara County, Annual

Project Characteristics -

Land Use -

Construction Phase - Calculated approximate number of days

Off-road Equipment - Bhoe 116.5 11.65 at10hrs per day

Off-road Equipment - Total Hrs

Freightliner 50 5 at10hrs per day

Off-road Equipment - Art T 928.96 92.896 at10hrs per day

Doz 928.96 92.896 at10hrs per day

Load 928.96 92.896 at10hrs per day

Wat T 928.96 92.896 at10hrs per day

Trips and VMT - 0

 

Formula Placeholder

 

2.0 Emissions Summary

2.1 Overall Construction

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2.2 Overall Operational

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3.0 Construction Detail

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TABLE

3.1 Mitigation Construction On-Site

 

3.2 Hydroseeding - 2018

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3.3 BMP Maintenance - 2018

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3.4 Quarry Pit Backfilling - 2018

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4.0 Operational Detail - Mobile

4.1 Mitigation Measures Mobile

 

4.2 Trip Summary Information

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4.3 Trip Type Information

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4.4 Fleet Mix

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5.0 Energy Detail

5.1 Mitigation Measures Energy

 

6.0 Area Detail

6.1 Mitigation Measures Area

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6.2 Area by SubCategory

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7.0 Water Detail

7.1 Mitigation Measures Water

8.0 Waste Detail

 

8.1 Mitigation Measures Waste

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8.2 Waste by Land Use

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9.0 Operational Offroad

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10.0 Stationary Equipment

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11.0 Vegetation

 

APPENDIX G:

MAPS OF PAST 24 MONTHS SURFACE MINING AND RECLAMATION ACTIVITY,

FUTURE 24 MONTHS ESTIMATED ACTIVITY AND AERIAL PHOTOGRAPH

June 2019 Topo

c:J Active Mining and

Stockpile Area

MAP OF PAST 24 MONTHS SURFACE MINING AND RECLAMATION ACTIVITY

IMAGE

 

APPENDIX H:

IMPROVED RECLAMATION PLAN BOUNDARY DEMARCATION MEMO

Lehigh Southwest Cement Company

24001 Stevens Creek Boulevard

Cupertino, California 95014

(408) 996-4000

Memo

To: Tressa Jackson From: Manjunath Shivalingappa

Copy: NA Date: 09-23-2019

Subject: Improved Reclamation Plan Boundary Demarcation

In order to maintain compliance with Santa Clara County Final Conditions of Approval number

22, the T-posts that served to demarcate the EMSA, WMSA, and Rock Plant Reclamation Plan

Amendment (RPA) Boundaries were repainted with high visibility orange spray paint. This was

done to improve the visibility of the demarcation boundary (see Demarcation Maps, Figures 1-

3).

Conditions of Approval Requirements

Conditions of Approval (COA) number 22 of the Santa Clara County Final Conditions of

Approval specify the measures to be taken to maintain the demarcation of the EMSA, WMSA,

and Rock Plant Reclamation Plan Amendment Boundary.

The relevant COA is summarized below:

COA 22. Maintain Demarcation of EMSA, Rock Plant, and WMSA RPA Boundaries.

Within 60 days of RPA approval, the RPA limit of disturbed area surrounding the

northern and eastern edges of the EMSA, the northern and western edges of the

WMSA, and the perimeter of the Rock Plant area shall be clearly demarcated in the field

and shall remain in place until final reclamation has been completed. On an annual

basis, demarcation shall be modified to encompass the RPA boundaries nearest the

areas subject to surface mining and reclamation, as shown on aerials submitted per

Condition number 23. Demarcated areas shall be located and marked in the field by a

licensed land surveyor or registered civil engineer authorized to practice land surveying.

Demarcation shall use orange construction fencing or other brightly colored material

acceptable to the Planning Manager.

EMSA, Rock Plant, and WMSA RPA Boundary Demarcation Improvements

On July 24, 2019 Lehigh repainted the existing T-post markers, which demarcated the EMSA,

Rock Plant, and WMSA RPA boundaries. The T-posts were painted with high visibility orange

paint. The demarcation boundary did not move as quarry activities are not planned in or near

those areas and there are no plans in place to go beyond the demarcation line. Additional

Memo to: Tressa Jackson

09-23-2019

Page 2

markers were not needed in other areas because future quarry activities are not scheduled to

be located near other portions of the RPA boundary.

Summary

In order to maintain compliance with COA 22, improvements to the durability and visibility of the

RPA Boundary were made by repainting the existing T-posts. All T-posts were observed to be

standing in the exact locations as when they were placed.

Per the Final Conditions of Approval, all requirements for maintaining the demarcation of the

EMSA, Rock Plant, and WMSA RPA Boundaries have been met.

Picture Placeholder

Picture Placeholder

Pictures of RPA Boundary Demarcation in the Rock Plant.

 

Memo to: Tressa Jackson

09-23-2019

Page 2

Pictures of RPA Boundary Demarcation in the EMSA

Pictures of RPA Boundary Demarcation in the WMSA

 

Memo to: Tressa Jackson

09-23-2019

Page 2

Figure 1. Location of RPA Boundary Demarcation in the EMSA.

 

Memo to: Tressa Jackson

09-23-2019

Page 2

Figure 2. Location of RPA Boundary Demarcation in the WMSA.

 

Memo to: Tressa Jackson

09-23-2019

Page 2

 

Figure 3. Location of RPA Boundary Demarcation in the Rock Plant.

 

APPENDIX I:

FINANCIAL ASSURANCE COST ESTIMATE

Lehigh Cement Company

24001 Stevens Creek Blvd.

Cupertino, CA 95014

Phone (408) 996-4000

www.lehighcement.com

September 4, 2019

Mr. Rob Salisbury

Department of Planning and Development

Land Development and Engineering

County of Santa Clara

70 West Hedding St.

San Jose, CA 95110

RE: Lehigh-Permanente Quarry, State Mine ID# 91-43-0004

Financial Assurance Cost Estimate

Dear Mr. Salisbury:

Please find enclosed a Financial Assurance Cost Estimate (FACE) for the above-referenced

facility. The FACE was prepared by Mr. Travis Jokerst of EnviroMine, Inc., in accordance with

Condition of Approval #14 of the facility’s 2012 Reclamation Plan Amendments.

The FACE is submitted to the Planning Manager for review and approval, and serves as the basis

for the amount of financial assurances required of the Mine Operator, account for disturbed and

those lands to be disturbed in the following year by the surface mining operations, inflation, and

reclamation of lands accomplished in accordance with the approved RPA. Cost estimates use the

most up-to-date cost figures for the San Francisco Bay Area and include appropriate costs for all

materials to be used, labor rates, and equipment rates used in calculating the FACE. Upon

approval of the FACE by the County and review by the State Office of Mine Reclamation (OM),

Lehigh will post an acceptable Financial Assurance mechanism with the Department of Planning

and Development.

If you have questions or comments, please do not hesitate to contact me at 408-996-4233.

Sincerely,

Tressa Jackson

Area Environmental Manager

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

Page 1 of 18

X (Date):

Date:

Most Recent Approved Financial Assurance Cost Estimate

Date:

Amount of existing Financial Assurance Mechansim(s)

Date:

(Mine Name)

43-0004

FACE-1 (06-18)

FINANCIAL ASSURANCE COST ESTIMATE

FOR

Permanente Quarry

CA Mine ID # 91-

Other: Please Specify:

8/6/2019

3511 Camio del Rio South, Suite 403 approved on (Date):

Prepared by: (Name & Affiliation) This financial assurance cost estimate prepared and

submitted pursuant to (choose one) :

EnviroMINE, Inc (consultant for Lehigh Hanson)

San Diego, CA 92108

Reclmation Plan #/Name

A new or amended reclamation plan

An annual mine inspection performed on

Reclamation Plan Amendment for

Permanente Quarry/2250-13-66-10P-10EIR

(M1)

September 4, 2019

March 11, 2019

Various

52,916,214

54,657,484

Amount: $

Amount: $

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

FACE-1 (06-18) Page 2 of 18

I. SUPPORTING DOCUMENTS

Other Agency Financial Assurances Securing Reclamation of Disturbed Lands

Attachments:

This estimate represents the cost of conducting and completing reclamation in accordance with the Surface Mining and

Reclamation Act (SMARA) and the following supporting documents:

Permits and/or Environmental Documents Approved as, or Conditional upon, the Reclamation Plan

Wage Rates used in Cost Estimate* (cost estimates are required to use current 'General prevailing wage determinations made by the

director of industrial relations' where applicable (http://www.dir.ca.gov/OPRL/PWD/index.htm) with employer labor surcharge added, or greater)

Reclamation Plan Approval Date and Number

Equipment Rates used in Cost Estimates* (use current 'Labor Surchage and Equipment Rental Rates (Cost of Equipment

Ownership)' equipment rates published by Caltrans (http://www.dot.ca.gov/hq/construc/equipmnt.html) or other publicly available and verifiable

local rates)

Equipment Production Rates used in Cost Estimate (Use of current Caterpillar Performance Handbook or equivalent published

production rates is required)

*Many mine sites are remote projects that require hours of travel (to and from) and sometimes require additional time to prepare for even the

simplest of tasks. In accordance with labor Code Sections 1773.1 and 1773.9, contractors are required to make travel and/or subsistence (per

diem) payments to each worker to execute the work. These arrangements can be quite variable and site specific.

(add additional pages as needed)

Site is vested.

N/A

June 26, 2012, 2250-13-66-10P-10EIR (M1) (County of Santa Clara)

Department of Industrial Relations, Prevailing Wage Determinations (2019)

Caltrans, Labor Surcharge & Equipment Rental Rates (4/1/19-3/31/20)

Caterpillar Performance Handbook, 37th Edition

RSMeans Site Work & Landscaping Cost Data, Kingston, MA, 2018

1. Bid from Aggregate Machinery Specialist for Primary Station and conveyor system

2. Backfill Volume Estimate Memo from Stantec Consulting Services, Inc.

3. Bulldozer production rates

4. Scraper production rates for capping site with non-limestone material

5. Seed quote from Pacific Coast Seed for PCRA

6. Seed quote from Pacific Coast Seed for approximately 500 acres

7. Bid from Freedlun Hydroseeding, Inc. for applying hydroseed

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

FACE-1 (06-18) Page 3 of 18

IV. Description/Justification of Cost Increase/Decrease

II. Description of Current Site Conditions

(i.e., disturbed acres, slope conditions, excavation depths, topsoil and overburden stockpiles, equipment and facilities, reclamation in progress, erosion control

status, required corrective actions, etc.)

III. Description of Anticipated Site Conditions (12 months from date of estimate)

(add additional pages as needed)

(i.e., increase of disturbed acres, increase of depth, increases in amount of equipment and/or facilities, required corrective actions, etc.)

Current operations at the site include a quarry (Main Pit/North Quarry) that consists of a cut-face with

a series of benches and multiple material storage areas – East Material Storage Area (EMSA) and

West Material Storage Area (WMSA). Reclamation at the quarry is conducted on an annual basis for

areas at final grade and not subject to further disturbance. In 2012, reclamation work commenced in

the Permanente Creek Reclamation Area (PCRA), the installation of BMP's and hydroseeding was

completed in Subareas 4, 5 and 6. Current grading activities are taking place in Phase 1A of the

approved mine plan. The majority of the 639.6-acre RPA footprint is found in a fully disturbed

condition with little evidence of vegetative cover. An exception to this includes areas where

reclamation has begun or areas that have naturally revegetated. In total, approximately 546 acres are

currently disturbed at the site. There is also a rock plant, cement plant, and various pieces of mobile

equipment on the site.

It is expected that mining will continue to progress in Phase 1 of the Main Pit during the next 12

months.

The total cost has increased as a result of pipeline removal costs that were added to this year’s

estimate and increased labor, equipment, and revegetation costs.

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

FACE-1 (06-18) Page 4 of 18

V. PLANT STRUCTURES AND EQUIPMENT REMOVAL ( use multiple sheets as needed)

Current Site Condition:

Reclamation Plan Performance Standard (End Use):

Equipment on site wholly owned by operator?: X YES NO

Provide documentation showing that rates, prices, and wages are available locally to all persons, including the lead agency and/or the Department.

(if no, please provide the name/s and contact information for any lien holder)

Describe tasks:

(add additional pages as needed)

At this time, plant removal would involve demolishing and transporting the Rock Plant, including

conveyors, crushers, screens, wash plants, scales, storage tanks, and miscellaneous structures to an

offsite location. This also includes the removal of the overland conveyor that extends from the Main

Pit to the Cement Plant (approx. 8,900 feet). In addition to demolition and removal of these structures,

all foundations must be demolished and removed, and compacted surfaces must be ripped to prepare

the site for revegetation.

At the conclusion of mining operations, all equipment, structures, and other infrastructure

improvements will need to be removed from the site.

This estimate assumes the use of a crane, excavators with steel shear and grapple attachments, frontend

loaders, trucks with low bed trailers, and dump trucks for dismantling and removing the plant

equipment and structures. The steel structures will be cut into manageable pieces with an excavator

mounted with a steel shear, with pieces placed on an over-the-road truck for removal to a scrap yard

for recycling. It is estimated that there is approximately 1,000 tons of recyclable steel onsite. Current

market value of scrap steel is $160 per ton (Alco Metals, San Jose). Other non-recyclable materials

will be put into roll-off dumpsters (CDR Dumpster Rental) and hauled off site. Some structures will be

dismantled by shearing, cutting using a cutting torch, or simply unbolting the equipment from the

support structures prior to demolition. Also, there are currently 30 pieces of mobile equipment

(loaders, dozers, trucks, etc.) that would need to be loaded and hauled off site to a resale dealer. This

estimate assumes two (2) hours per piece of equipment. Once the equipment is removed, it will be

necessary to demolish all concrete footings and foundations. Concrete will be broken up using an

excavator and a hydraulic hammer and hauled to a recycling yard. This estimate assumes that there

is approximately 2,950 cubic yards of concrete to be demolished and removed from the site. Also,

approximately 28,110 linear feet of water pipeline will need to be dismantled and removed from the

site.

State of California 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

FACE-1 (06-18) Page 5 of 18

Unit of

Measure $/Unit Cost ($)

Hours $86.47 $9,339

Hours $276.81 $25,743

Hours $177.83 $19,206

Hours $87.29 $7,332

Hours $96.53 $11,391

Hours $129.80 $14,018

Hours $46.23 $5,548

Hours $26.15 $2,929

Total Equipment Cost for this Task = $95,505

B. Labor - List all labor categories to complete identified task

$/Hour

(prevailing wage) 0.0% Cost ($)

$75.18 $0.00 $8,119

$74.79 $0.00 $15,033

$60.77 $0.00 $5,105

$61.12 $0.00 $7,212

$74.79 $0.00 $8,077

$76.27 $0.00 $10,678

$54.49 $0.00 $6,103

$55.44 $0.00 $12,474

Total Labor Cost for this Task = $72,801

Type of

Material

Volume/

Quantity

Unit Cost

Basis Cost ($)

Mixed 15.00 $592.00 $8,880

0.00 $0.00 $0

Total Materials Cost for this Task = $8,880

Equipment Cost + Labor Cost + Demolition Cost = $177,187

Net Salvage Value = $ 160,000.00

Total Cost of Structure and Equipment Removal = $17,187

Version:

112.0

Labor

Surcharge/Hr

(where applicable)

(enter % of wage)

Crane Operator (Operating Engineer, Grp. 3-A, Area 1)

Roll-off Trash Containers & Landfill Fees (20 CY)

E. Net Salvage Value* (Supported by properly prepared third party estimate, bid, or cost calculation)

F. Total Cost of Structure and Equipment Removal (Subtract Line D from Line E)

*Note: Salvage value may only be used to offset the direct cost of removing the single item for which salvage value is being claimed. Salvage value

shall not be used to offset any other demolition, general cleanup, or reclamation costs.

$0.00

Labor Category # of Hours

Welder (4) (Laborer, Const. Specialist, Area 1)

Foreman (Operating Engineer, Grp. 2, Area 1)

Laborer (2) (Laborer, Grp. 3, Area 1)

140.0

112.0

Excavator Operator (2) (Operating Engineer, Grp. 3, Area 1) 201.0

Dump Truck Driver (Teamster, Grp. 3) 84.0

Loader Operator (Operating Engineer, Grp. 3, Area 1) 108.0

Lowboy Truck Driver (Teamster, Grp. 4) 118.0

Processing Plant, Conveyor, & Support Structure

Removal

Grove RT 635 40t Crane

Pickup Truck (2)

Semi-truck w/ 2 axle lowboy trailer ($76.67+$19.86)

CAT 966E Wheel Loader

Welding Truck

Equipment

108.0

V. PLANT STRUCTURES & EQUIPMENT REMOVAL

(  Describe Reclamation Activity Being Estimated )

# of Units

118.0

108.0

120.0

108.0

Methods to be used:

A. Equipment - List equipment to complete identified task. For large reclamation jobs, separate mine areas.

NOTE: Above Total Cost will display $0.00 if net of entered removal costs and salvage value is negative.

Structure/Equipment to be removed

225.0

Disposal

Cost

C. Demolition - List all structures and equipment to be dismantled or demolished and removed from site

D. Total Direct Cost of Structure and Equipment Removal (Total A+B+C)

$0.00

CAT 330 w/ Steel Shear ($161.78+$115.03) 93.0

CAT 330 w/ Grapple ($161.78+$16.05) 108.0

Semi-truck w/ end dump 84.0

State of California 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

FACE-1 (06-18) Page 6 of 18

Unit of

Measure $/Unit Cost ($)

Hours $200.62 $18,457

Hours $161.78 $9,383

Hours $129.80 $2,077

Hours $87.29 $23,394

Hours $26.15 $4,393

Hours $129.80 $14,797

Hours $96.53 $4,633

Total Equipment Cost for this Task = $77,135

B. Labor - List all labor categories to complete identified task

$/Hour

(prevailing wage) 0.0% Cost ($)

$74.79 $0.00 $11,219

$74.79 $0.00 $1,197

$60.77 $0.00 $16,286

$54.49 $0.00 $6,321

$74.79 $0.00 $8,526

$61.12 $0.00 $2,934

$54.49 $0.00 $6,212

Total Labor Cost for this Task = $52,694

Type of

Material

Volume/

Quantity

Unit Cost

Basis Cost ($)

Concrete 175.00 $82.00 $14,350

Pipeline 14.00 $500.00 $7,000

Total Materials Cost for this Task = $21,350

Equipment Cost + Labor Cost + Demolition Cost = $151,179

Net Salvage Value = $ 0.00

Total Cost of Structure and Equipment Removal = $151,179

268.0

A. Equipment - List equipment to complete identified task. For large reclamation jobs, separate mine areas.

Version:

Concrete Breaking and Pipeline Removal

V. PLANT STRUCTURES & EQUIPMENT REMOVAL

(  Describe Reclamation Activity Being Estimated )

Methods to be used:

Equipment # of Units

CAT 330 Excavator w/ Rock Breaker Attachment ($161.78+$38.84) 92.0

Haul Truck (10) 268.0

CAT 330 Excavator w/ Bucket 58.0

CAT 966E Wheel Loader 16.0

Laborer (2) (Laborer, Grp. 3, Area 1) 116.0

Pickup Truck 168.0

CAT 966E Wheel Loader (for pipeline removal) 114.0

Semi-truck w/ 2 axle lowboy trailer (pipeline removal) ($76.67+$19.86) 48.0

Labor

Surcharge/Hr

(where applicable)

(enter % of wage)

Labor Category # of Hours

Excavator Operators (2) (Operating Engineer, Grp. 3, Area 1) 150.0

Loader Operator (Operating Engineer, Grp. 3, Area 1) 16.0

Haul Truck Driver (10) (Teamster, Grp. 3)

D. Total Direct Cost of Structure and Equipment Removal (Total A+B+C)

E. Net Salvage Value* (Supported by properly prepared third party estimate, bid, or cost calculation)

F. Total Cost of Structure and Equipment Removal (Subtract Line D from Line E)

NOTE: Above Total Cost will display $0.00 if net of entered removal costs and salvage value is negative.

*Note: Salvage value may only be used to offset the direct cost of removing the single item for which salvage value is being claimed. Salvage value

shall not be used to offset any other demolition, general cleanup, or reclamation costs.

Dump Fee $0.00

Loader Operator (pipeline removal) (Operat. Engineer, Grp. 3, Area 1) 114.0

Lowboy Truck Driver (for pipeline removal) (Teamster, Grp. 4) 48.0

Recycling Fee $0.00

Laborer (4) (for pipeline removal) (Laborer, Grp. 3, Area 1) 114.0

C. Demolition - List all structures and equipment to be dismantled or demolished and removed from site

Structure/Equipment to be removed

Disposal

Cost

State of California 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

FACE-1 (06-18) Page 7 of 18

Unit of

Measure $/Unit Cost ($)

Hours $101.18 $1,821

$0.00 $0

$0.00 $0

$0.00 $0

$0.00 $0

Hours $2,787.00 $36,231

$0.00 $0

$0.00 $0

* Based on a lump sum estimate that includes driver. Total Equipment Cost for this Task = $38,052

B. Labor - List all labor categories to complete identified task

$/Hour

(prevailing wage) 0.0% Cost ($)

$61.12 $0.00 $1,100

$0.00 $0.00 $0

$0.00 $0.00 $0

Total Labor Cost for this Task = $1,100

Type of

Material

Volume/

Quantity

Unit Cost

Basis Cost ($)

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0

Total Materials Cost for this Task = $0

Equipment Cost + Labor Cost + Demolition Cost = $39,152

Net Salvage Value = $ 0.00

Total Cost of Structure and Equipment Removal = $39,152

A. Equipment - List equipment to complete identified task. For large reclamation jobs, separate mine areas.

Version:

Mobile Equipment Removal

V. PLANT STRUCTURES & EQUIPMENT REMOVAL

(  Describe Reclamation Activity Being Estimated )

Methods to be used:

Equipment # of Units

Semi-Truck w/ 3 axle lowboy to remove the following ($76.67+$24.51): 18.0

0.0

216 Skid Steer, 226 Skid Steer, 16G Grader, 0.0

872GP Grader, Miller 600D Welder, Allmand 695 Lite 0.0

Towers, Water Trucks 0.0

0.0

Semi-Truck w/ 5 axle lowboy & two pilot cars to remove*: 13.0

992 Loader, 944k Loader, D10 Dozer, 1050K Dozer, 850k 0.0

Dozer, 824 Dozer, 460 Truck 0.0

Labor

Surcharge/Hr

(where applicable)

(enter % of wage)

Labor Category # of Hours

Semi-truck Driver (Teamster, Grp. 4) 18.0

0.0

C. Demolition - List all structures and equipment to be dismantled or demolished and removed from site

Structure/Equipment to be removed

Disposal

Cost

$0.00

$0.00

$0.00

$0.00

D. Total Direct Cost of Structure and Equipment Removal (Total A+B+C)

E. Net Salvage Value* (Supported by properly prepared third party estimate, bid, or cost calculation)

F. Total Cost of Structure and Equipment Removal (Subtract Line D from Line E)

NOTE: Above Total Cost will display $0.00 if net of entered removal costs and salvage value is negative.

*Note: Salvage value may only be used to offset the direct cost of removing the single item for which salvage value is being claimed. Salvage

value shall not be used to offset any other demolition, general cleanup, or reclamation costs.

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

FACE-1 (06-18) Page 8 of 18

Backfilling Main Pit

Current Site Conditions:

VI. PRIMARY RECLAMATION ACTIVITY :

Use multiple sheets as necessary to estimate the cost of each activity required. Provide documentation showing that rates, prices, and wages are available

locally to the lead agency and/or the Department if necessary.

Provide Quantities:

Overburden and topsoil, cut and fill, import or export (cubic yards), area (acres), haul distance (feet), equipment production rates (cubic

yards/hour, or as applicable), etc.

Describe tasks, methods, equipment, etc:

Decompaction, cut, fill, haul, slope reduction, compaction, grading, topsoil placement, drainage work, soil amendment, special requirements,

etc. Separate sheets may be used for each task if necessary.

Reclamation Plan Performance Standard (End Use):

This estimate's restoration scenario incorporates backfilling of the Main Pit to buttress past

instabilities. To accomplish this, the West Materials Storage Area (WMSA) will be used as the primary

source of backfill material, since mining byproducts (unused mined material) will not be available. A

stockpile located west of the Rock Plant, that contains approximately 300,000 tons of crushed rock,

will also be relocated to the main pit. Material used for backfilling is to be amended with organic

matter (approximately 63,000 tons). Measures to protect surface water quality during reclamation

activities consist of isolating runoff from limestone materials in the Main Pit backfill, WMSA, and

EMSA. This will be accomplished during reclamation by capping reclaimed areas with a 1-foot thick

layer of run-of-mine non-limestone rock (i.e., greywacke, chert, and greenstone).

Reclamation requirements for the site include the development of a benched quarry face with an

overall slope gradient of 1H:1V (horizontal: vertical), while the overburden fill slopes will be reclaimed

at a maximum overall slope inclination between 2.5H:1V to 2.6H:1V. The proposed end use for the

quarry after reclamation is complete is open space.

A conveyor system will be utilized to transport backfill material from the WMSA to the Main Pit and

place material directly into the pit. Oversized material will be reduced by a jaw crusher to six (6) inch

minus prior to loading onto the conveyor. This estimate assumes the purchase of a crusher,

conveyor, and stacking system (See Attachment 1 for cost estimate). Operation and maintenance

costs to run the system have been included in the tables below. Stockpiled material near the Rock

Plant will be relocated to the Main Pit by using haul trucks that are loaded with a front-end loader.

Organic material would be delivered to the WMSA from an offsite source and added to backfill material

with a loader. Distribution of non-limestone material for capping will utilize a variety of equipment. A

combination of dozers, scrapers, loaders, and haul trucks will be utilized to distribute the nonlimestone

capping material.

After analyzing the existing and proposed topography, the total volume required for backfilling the Main

Pit is estimated at 29,845,648 cubic yards (See Attachment 2 for volume estimate memo from Stantec

Consulting Services, Inc.). This volume accounts for material that was removed from the pit during the

past year (846,773 cubic yards). During the past year, most mining activity occurred in the southern

portion of the Main Pit. The conveyor system would extend approximately 10,000 feet to the WMSA.

Backfilling of the Main Pit will also include grading of approximately 6,700,000 cubic yards of nonlimestone

material that has been identified as the “Main Slide.” Materials originating from the Main

Slide will be removed using a D10 bull dozer (See Attachment 3 for production rates). This estimate

assumes production rates of 1,027.5 cubic yards per hour for the D11 bulldozer and 1,380 cubic yards

per hour for the conveyor system. To optimize production from the dozers, the conveyor system will

be relocated as grading progresses; average push distances will be kept at approximately 300 feet.

For stockpiled material near the Rock Plant, a Cat 992 front-end-loader will load the material into haul

trucks while a water truck and grader will be utilized to maintain the road network and suppress dust.

It is estimated that there is 200,000 cubic yards of stockpiled material (using 1.5 tons per CY). Organic

material would be delivered by trucks to the WMSA, near the hopper for the portable conveyor system,

and a 938 loader will feed the material into the hopper. Approximately 710,000 cubic yards of nonlimestone

material will be used for capping reclaimed areas of the site. Caterpillar production rates for

a 651 Scraper are provided in Attachment 4.

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

Page 9 of 18

Equipment

Unit of

Measure $/Unit # of Units Cost ($)

Hours $67.31 200.0 $13,462

Hours $93.49 200.0 $18,698

Hours $59.46 200.0 $11,892

Hours $26.15 400.0 $10,460

Hours $10,370,930.00 1.0 $10,370,930

Hours $302.75 64881.0 $19,642,723

Hours $474.05 7262.0 $3,442,551

Hours $46.23 7262.0 $335,722

Hours $47.26 21627.0 $1,022,092

Hours $28.41 21627.0 $614,423

Hours $108.12 80.0 $8,650

Hours $163.03 80.0 $13,042

Total Equipment Cost for this Task = $35,504,645

Labor Category

$/Hour

(prevailing wage) 0.0% # of Hours Cost ($)

$75.18 $0.00 200.0 $15,036

$74.79 $0.00 280.0 $20,941

$74.79 $0.00 280.0 $20,941

$76.27 $0.00 200.0 $15,254

$54.49 $0.00 400.0 $21,796

$74.79 $0.00 72143.0 $5,395,575

$60.47 $0.00 7262.0 $439,133

Total Labor Cost for this Task = $5,928,677

Sales tax

(enter local rate in %)

Item $/Unit 0.0% Cost ($)

$0.00 $0.00 0.0 $0

Total Materials Cost for this Task = $0

Equipment Cost + Labor Cost + Materials Cost = $41,433,322

Pickup Truck (2) (for conveyor install)

42" Conveyor System Over 10,000' (lump sum)

CAT D10N Dozers (3)

D. Total Direct Cost for this task

Quantity

Labor

Surcharge/Hr

(where applicable)

(enter % of wage)

C. Materials - List all materials required to complete identified task

B. Labor - List all labor categories to complete identified tasks

CAT 988 Loader (for relocating conveyor)

Conveyor Operation/Maintenance

Electricity

1,380 conveyor

29,845,648

(  Describe Reclamation Activity Being Estimated)

A. Equipment - List equipment to complete identified task. For large reclamation jobs, separate mine areas.

300 Topsoil (cy):

Crane Operator (Operating Engineer, Grp. 3-A, Area 1)

Water Truck Driver (Teamster, Grp. 2)

Foreman (Operating Engineer, Grp. 2, Area 1)

Laborers (2) (Laborer, Grp. 3, Area 1)

Dozer Operators (4) (Operating Engineer, Grp. 3, Area 1)

Loader Operators (2) (Operating Engineer, Grp. 3, Area 1)

Excavator Operators (2) (Operating Engineer, Grp. 3, Area 1)

Backfilling Main Pit

VI. PRIMARY RECLAMATION ACTIVITY

CAT 325L Excavator (for relocating conveyor)

FACE-1 (06-18)

Overburden (cy):

Methods to be used:

Acres:

Haul Distance (ft):

Production Rate (cy/hr):

CAT 938G Loader (for conveyor install)

CAT 315L Excavator (for conveyor install)

Grove RT 525 Crane (for conveyor install)

Water Truck

CAT D11N Dozer

(NOTE: no automatic calculations occur to data in this upper table)

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

Page 10 of 18

Equipment

Unit of

Measure $/Unit # of Units Cost ($)

Hours $456.21 195.0 $88,961

Hours $278.19 2254.0 $627,040

Hours $88.42 98.0 $8,665

Hours $82.80 600.0 $49,680

Hours $291.93 314.0 $91,666

Hours $269.32 608.0 $163,747

Hours $302.75 238.0 $72,055

Hours $46.23 492.0 $22,745

Total Equipment Cost for this Task = $1,124,559

Labor Category

$/Hour

(prevailing wage) 0.0% # of Hours Cost ($)

$74.79 $0.00 1109.0 $82,942

$61.12 $0.00 2254.0 $137,764

$74.79 $0.00 98.0 $7,329

$74.79 $0.00 608.0 $45,472

$74.79 $0.00 238.0 $17,800

$60.47 $0.00 492.0 $29,751

Total Labor Cost for this Task = $321,060

Sales tax

(enter local rate in %)

Item $/Unit 0.0% Cost ($)

$35.00 $0.00 63,000.0 $2,205,000

$0.00 $0.00 0.0 $0

Total Materials Cost for this Task = $2,205,000

Equipment Cost + Labor Cost + Materials Cost = $3,650,618

FACE-1 (06-18)

Stockpile Relocation, Organic Material, Capping

VI. PRIMARY RECLAMATION ACTIVITY

(  Describe Reclamation Activity Being Estimated)

Acres: 440 Overburden (cy): 910,000

Methods to be used:

A. Equipment - List equipment to complete identified task. For large reclamation jobs, separate mine areas.

CAT 992C Loader (for stockpile relocation)

CAT 992B Loader (2) (for non-limestone capping)

CAT 651B Scraper (4) (for capping)

CAT 777D Haul Trucks (11) (for stockpile reloc., capping)

CAT 12H Blade (for stockpile relocation)

CAT 938F Loader (for organic material mixing)

Haul Distance (ft): Topsoil (cy):

Production Rate (cy/hr): 454 (scraper), 520 (truck) (NOTE: no automatic calculations occur to data in this upper table)

Organic Material * (tons)

* Cost from material supplier in Gilroy, CA, plus shipping, CPI.

D. Total Direct Cost for this task

Quantity

C. Materials - List all materials required to complete identified task

CAT D10N Dozer (2) (for capping)

Blade Operator (Operating Engineer, Grp. 3, Area 1)

Water Truck (for stockpile relocation & capping)

B. Labor - List all labor categories to complete identified tasks Labor

Surcharge/Hr

(where applicable)

(enter % of wage)

Loader Operators (4) (Operating Engineer, Grp. 3, Area 1)

Haul Truck Drivers (11) (Teamster, Grp. 4)

Scraper Operators (4) (Operating Engineer, Grp. 3, Area 1)

Dozer Operators (2) (Operating Engineer, Grp. 3, Area 1)

Water Truck Driver (Teamster, Grp. 2)

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

Page 11 of 18

Equipment

Unit of

Measure $/Unit # of Units Cost ($)

Hours $182.46 498.0 $90,865

Hours $199.50 7.0 $1,397

Basin $23,360.00 3.0 $70,080

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0

Total Equipment Cost for this Task = $162,342

Labor Category

$/Hour

(prevailing wage) 0.0% # of Hours Cost ($)

$74.79 $0.00 505.0 $37,769

$0.00 $0.00 0.0 $0

$0.00 $0.00 0.0 $0

$0.00 $0.00 0.0 $0

$0.00 $0.00 0.0 $0

$0.00 $0.00 0.0 $0

Total Labor Cost for this Task = $37,769

Sales tax

(enter local rate in %)

Item $/Unit 0.0% Cost ($)

$0.00 $0.00 0.0 $0

$0.00 $0.00 0.0 $0

$0.00 $0.00 0.0 $0

$0.00 $0.00 0.0 $0

$0.00 $0.00 0.0 $0

Total Materials Cost for this Task = $0

Equipment Cost + Labor Cost + Materials Cost = $200,111

FACE-1 (06-18)

Ripping, Finish Grading, BMP Installation

VI. PRIMARY RECLAMATION ACTIVITY

(  Describe Reclamation Activity Being Estimated)

Acres: 498 Overburden (cy):

Haul Distance (ft): Topsoil (cy):

Production Rate (cy/hr): 1 acre/hour (NOTE: no automatic calculations occur to data in this upper table)

Methods to be used:

A. Equipment - List equipment to complete identified task. For large reclamation jobs, separate mine areas.

Grading with a CAT D8R Dozer

Ripping with a CAT D8R Dozer ($182.46+$17.04)

Desiltation Basin Installation (Lump Sum est. plus CPI)

Quantity

B. Labor - List all labor categories to complete identified tasks Labor

Surcharge/Hr

(where applicable)

(enter % of wage)

Dozer Operator (2) (Operating Engineer, Grp. 3, Area 1)

C. Materials - List all materials required to complete identified task

D. Total Direct Cost for this task

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

FACE-1 (06-18) Page 12 of 18

(add additional pages as needed)

Provide Quantities:

Overburden and topsoil, cut and fill, import or export (cubic yards), area (acres), haul distance (feet), equipment production rates (cubic

yards/hour, or as applicable), etc.

Describe tasks, methods, equipment, etc:

Decompaction, cut, fill, haul, slope reduction, compaction, grading, topsoil placement, drainage work, soil amendment, special requirements,

etc. Separate sheets may be used for each task if necessary.

Reclamation Plan Performance Standard (End Use):

VI. PRIMARY RECLAMATION ACTIVITY

Use multiple sheets as necessary to estimate the cost of each activity required. Provide documentation showing that rates, prices, and wages are available

locally to the lead agency and/or the Department if necessary.

Current Site Conditions:

Permanente Creek Reclamation Area

This section describes the reclamation costs of historic mining disturbance adjacent to Permanente

Creek, described as the Permanente Creek Reclamation Area ("PCRA"). The PCRA is divided into

seven different subareas (numbered one through seven) with customized reclamation treatments for

each subarea. In 2012, after approval of the RPA, reclamation work commenced in Subareas 4, 5

and 6 and was completed in late October. Work completed included installation of BMPs as well as

hydroseeding of disturbed areas. In total, approximately nine (9) acres in the PCRA was reclaimed in

2012. In 2016, the application for permitting the restoration work with ACOE and CDFW was

submitted and is in process.

Removing a concrete half culvert located in the proposed restored stream channel is one aspect of the

Permanente Creek Restoration. The concrete half culvert is located just downstream from Pond 13

and covers a length of approximately 375 feet. The reclamation plan also calls for restoration of about

2,500 linear feet of Permanente Creek. Material from historic mining has collected in the creek

channel. The reclamation plan calls for removal of this material and creation of a reconfigured creek

channel that is roughly 50 feet wide with a 10-foot bottom and 3:1 side slopes. A number of limestone

boulders have found their way into Permanente Creek as a result of historic mining operations. These

boulders range in size from approximately 10" to 3' in diameter. Once removed from the creek,

boulders will be loaded onto off-road haul trucks and hauled to the North Quarry for final placement.

After grading work has been completed and prior to revegetating the site temporary and permanent

BMPs will be installed to manage stormwater runoff. Lastly, slopes located in Subareas 2 and 3 of the

PCRA are comprised of loose unconsolidated fill material. In an effort to reduce erosion from these

slopes and to provide more favorable surfaces for seed propagation, the slopes will be compacted.

According to the CAT Handbook, an H120c hydraulic hammer attached to a 315L excavator can

demolish approximately 230 cubic yards of reinforced concrete within 8 hours. Once the concrete

culvert has been broken into pieces 2-feet in diameter or smaller, the excavator will be used to load

the material into haul trucks. Material will be removed from the creek with an excavator, loader, and

articulated haul trucks. Small boulders will be removed using hand labor, while larger boulders will be

removed with an excavator and/or loader. Construction laborers will install straw waddles and silt

fencing to manage stormwater runoff. Slopes located within Subareas 2 and 3 will be compacted with

a D8 dozer, towing a sheep's foot, that is moved up and down the slopes by a winch.

It is estimated that approximately 130 cubic yards of concrete will need to be demolished and removed

to complete removing the concrete half culvert. There is an estimated 17,500 cubic yards of material

that will be removed from the channel to create the reconfigured channel. This estimate also assumes

that 200 boulders are located within the inundation limits of Permanente Creek.

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

Page 13 of 18

Equipment

Unit of

Measure $/Unit # of Units Cost ($)

Hours $82.98 6.0 $498

Hours $59.46 2.0 $119

Hours $87.29 12.0 $1,047

Hours $148.94 174.0 $25,916

Hours $132.72 148.0 $19,643

Hours $123.65 154.0 $19,042

Basin $23,360.00 2.0 $46,720

Hours $182.46 16.0 $2,919

Hours $14.41 16.0 $231

Hours $26.15 40.0 $1,046

Total Equipment Cost for this Task = $117,180

Labor Category

$/Hour

(prevailing wage) 0.0% # of Hours Cost ($)

$74.79 $0.00 182.0 $13,612

$61.12 $0.00 12.0 $733

$74.79 $0.00 148.0 $11,069

$61.12 $0.00 154.0 $9,412

$74.79 $0.00 16.0 $1,197

$76.27 $0.00 8.0 $610

$54.49 $0.00 284.0 $15,475

Total Labor Cost for this Task = $52,109

Sales tax

(enter local rate in %)

Item $/Unit 0.0% Cost ($)

$82.00 $0.00 8.0 $656

$5.02 $0.00 37,600.0 $188,752

$4.46 $0.00 3,450.0 $15,387

$0.00 $0.00 0.0 $0

$0.00 $0.00 0.0 $0

Total Materials Cost for this Task = $204,795

Equipment Cost + Labor Cost + Materials Cost = $374,084

FACE-1 (06-18)

PCRA Culvert/Boulder Removal, Grading, BMPs

VI. PRIMARY RECLAMATION ACTIVITY

(  Describe Reclamation Activity Being Estimated)

Acres: Overburden (cy): 17,500 (in PC Channel)

A. Equipment - List equipment to complete identified task. For large reclamation jobs, separate mine areas.

315L Excavator w/ Rock Breaker Attach. ($59.46+$23.52)

CAT 740 Articulated Haul Truck (channel/boulder removal)

Desiltation Basin Installation (Lump Sum est. plus CPI)

315L Excavator w/ bucket (culvert removal)

Haul Truck (4) (culvert removal)

CAT 330 Excavator (channel restoration/boulder removal)

CAT 966F Loader (channel restoration/boulder removal)

Production Rate (cy/hr): (NOTE: no automatic calculations occur to data in this upper table)

Methods to be used:

Haul Distance (ft): Topsoil (cy):

C. Materials - List all materials required to complete identified task

Dozer Operator (Operating Engineer, Grp. 3, Area 1)

Quantity

Loader Operators (2) (Operating Engineer, Grp. 3, Area 1)

Labor

Surcharge/Hr

(where applicable)

(enter % of wage)

Excavator Operators (4) (Operating Engineer, Grp. 3, Area 1)

Haul Truck Drivers (4) (Teamster, Grp. 4)

B. Labor - List all labor categories to complete identified tasks

Concrete Recycling Fee (loads)

Straw Waddles

Silt Fencing

D. Total Direct Cost for this task

Articulated Haul Truck Drivers (3) (Teamster, Grp. 4)

Foreman(Operating Engineer, Grp. 2, Area 1)

Laborers (7) (Laborer, Grp. 3, Area 1)

Sheep's Foot Attachment (for slope treatment)

CAT D8R Dozer w/ Winch (for slope treatment)

Pick Up Truck

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

FACE-1 (06-18) Page 14 of 18

Current Site Condition:

Reclamation Plan Performance Standard (End Use):

Describe Tasks:

VII. REVEGETATION (use multiple sheets as needed)

Provide documentation showing that rates, prices, and wages are available locally to the lead agency and/or the Department.

(add additional pages as needed)

After final grading is completed, disturbed areas of the site will be revegetated with seed mixes and

container stock to achieve the goals of the reclamation plan. Previous restoration planting at the

Quarry has been used as a guide for revegetation planning. Also, approximately 2 acres were

hydroseeded near the Rock Plant during the past year. These revegetated areas will serve as a basis

for anticipated revegetation success. Native species common in revegetated areas include California

buckwheat, coyote brush, buckbrush and sagebrush. At this time, 13.7 acres of hydroseeding would

be necessary within the PCRA and 502 acres of hydroseeding would be required on the remaining

areas of the site. An additional 1.5 acres of the PCRA and 28 of the remaining reclamation area will

require hand planting of container stock.

The goal for revegetation efforts is native community restoration. This refers to the reclamation of

disturbed lands to a self-sustaining community of native species which would visually integrate with

surrounding lands. Revegetation is designed to control erosion and stabilize slopes against long-term

erosion using plant materials capable of self-regeneration without continued dependence on irrigation,

soil amendments or fertilizer.

Prior to revegetation, growth medium will be applied to approximately 498 acres of the site. Of the

498 acres that will receive growth medium, a thickness of six inches of topsoil will be distributed over

28 acres of the site and a thickness of three inches of topsoil will be distributed over 470 acres for a

total volume of 212,152 CY. To transport the material around the site, a team of off-road haul trucks

will be utilized and D8 dozer will be used to spread the material. A dozer is preferred to distribute the

topsoil over a wheel type tractor because its track impressions will imprint final slopes to retain seeds

and increase water retention and infiltration, thereby increasing the potential for revegetative success.

Using mechanical hydroseeding equipment, areas will be seeded, mulched, and composted in a single

application. A hydromulch mix will contain compost, organic mulch, fertilizer and the seed mix. See

Attachments 5 and 6 for seed quotes from Pacific Coast Seed. Freedlun Hydroseeding provided a

conservative cost quote for the hydroseed applications (Attachment 7). Planting shrubs and trees will

require the efforts of four common laborers and two pickup trucks along with the oversight of a

revegetation specialist.

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

Page 15 of 18

Methods to be used:

Equipment

Unit of

Measure $/Unit # of Units Cost ($)

Hours $163.03 422.0 $68,799

Hours $123.65 844.0 $104,361

Hours $46.23 422.0 $19,509

Hours $182.46 422.0 $76,998

Hours $26.15 240.0 $6,276

Plant $16.74 2500.0 $41,850

Total Equipment Cost for this Task = $317,792

$/Hour

(prevailing wage) 0.0% # of Hours Cost ($)

$74.79 $0.00 422.0 $31,561

$61.12 $0.00 844.0 $51,585

$60.47 $0.00 422.0 $25,518

$74.79 $0.00 422.0 $31,561

$54.49 $0.00 480.0 $26,155

$92.00 $0.00 120.0 $11,040

Total Labor Cost for this Task = $177,422

C. Materials - List all materials required to complete identified task

Sales tax

(enter local rate in %)

Unit of

measure $/Unit 0.0% Quantity Cost ($)

Container $2.17 $0.00 798.0 $1,732

Container $2.58 $0.00 8,990.0 $23,194

Container $2.58 $0.00 824.0 $2,126

Container $2.58 $0.00 824.0 $2,126

Container $2.58 $0.00 824.0 $2,126

Container $2.58 $0.00 824.0 $2,126

Container $2.58 $0.00 824.0 $2,126

Container $3.15 $0.00 3,976.0 $12,524

Container $1.34 $0.00 3,976.0 $5,328

Container $2.17 $0.00 3,976.0 $8,628

Container $1.74 $0.00 3,976.0 $6,918

Container $1.74 $0.00 3,976.0 $6,918

Container $1.74 $0.00 3,976.0 $6,918

Container $1.74 $0.00 3,976.0 $6,918

Total Materials Cost for this Task = $89,709

Equipment Cost + Labor Cost + Materials Cost = $584,923

D. Total Direct Cost for this task

Pickup Truck (2) (for planting)

Loader Operator (Operating Engineer, Grp. 3, Area 1)

Haul Truck Drivers (2) (Teamster, Grp. 4)

Revegetation Specialist

Labor

Surcharge /HR

(where applicable)

(enter % of wage)

Water Truck Driver (Teamster, Grp. 2)

Grey pine

Chaparral currant

Coast live oak

Mountain mahogany

Toyon

Scrub oak

California coffeeberry

Redberry

Hillside gooseberry

Canyon live oak

Blue oak

Valley oak

Interior live oak

Topsoil Placement and Container Stock Planting

Dozer Operator (Operating Engineer, Grp. 3, Area 1)

Laborer (4) (Laborer, Grp. 3, Area 1)

Pacific madrone

FACE-1 (06-18)

CAT 988 Loader (for topsoil placement)

CAT 740 Haul Truck (2) (for topsoil placement)

Materials & Labor for planting in PCRA

Water Truck (for topsoil placement)

CAT D8R Dozer (for topsoil placement)

Item/Plant Species

Labor Category

B. Labor - List all labor categories to complete identified task.

(  Describe Revegetation Activity Being Estimated)

VII. REVEGETATION (use multiple sheets as

needed)

A. Equipment - List equipment to complete identified task. For large reclamation projects, separate mine areas.

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

Page 16 of 18

Methods to be used:

Equipment

Unit of

Measure $/Unit # of Units Cost ($)

Acre $6,500.00 13.7 $89,050

Acre $1,634.00 502.0 $820,268

$0.00 0.0 $0

$0.00 0.0 $0

Total Equipment Cost for this Task = $909,318

$/Hour

(prevailing wage) 0.0% # of Hours Cost ($)

$0.00 $0.00 0.0 $0

Total Labor Cost for this Task = $0

C. Materials - List all materials required to complete identified task

Sales tax

(enter local rate in %)

Unit of

measure $/Unit 0.0% Quantity Cost ($)

Pounds $36.00 $0.00 8,169.0 $294,084

Pounds $28.00 $0.00 10,122.2 $283,422

Pounds $12.00 $0.00 10,259.2 $123,110

Pounds $80.00 $0.00 1,004.0 $80,320

Pounds $48.00 $0.00 1,564.9 $75,115

Pounds $48.00 $0.00 1,031.4 $49,507

Pounds $98.00 $0.00 530.0 $51,940

Pounds $8.00 $0.00 3,094.2 $24,754

Pounds $18.00 $0.00 3,094.2 $55,696

Pounds $24.00 $0.00 1,004.0 $24,096

Pounds $70.00 $0.00 515.7 $36,099

Pounds $100.00 $0.00 551.3 $55,130

Pounds $36.00 $0.00 1,004.0 $36,144

Pounds $52.00 $0.00 502.0 $26,104

Pounds $55.00 $0.00 1,004.0 $55,220

Pounds $42.00 $0.00 2,008.0 $84,336

Pounds $30.00 $0.00 1,004.0 $30,120

Pounds $60.00 $0.00 1,004.0 $60,240

Pounds $40.00 $0.00 41.4 $1,656

Pounds $90.00 $0.00 19.2 $1,728

Pounds $24.00 $0.00 137.0 $3,288

Pounds $400.00 $0.00 3.0 $1,200

Pounds $115.00 $0.00 3.0 $345

Pounds $140.00 $0.00 6.0 $840

Pounds $24.00 $0.00 18.0 $432

Pounds $120.00 $0.00 1.0 $120

Pounds $135.00 $0.00 1.0 $135

Pounds $80.00 $0.00 6.0 $480

Total Materials Cost for this Task = $1,455,661

Equipment Cost + Labor Cost + Materials Cost = $2,364,979

Plantago erecta

Sisyrinchium bellum

Vulpia microstachys

Nassella pulchra

Baccharis pilularis

Eriogonum fasciculatum

Salvia leucophylla

Salvia mellifera

Achillea millefolium

Artemisia douglasiana

Bromus carinatus

Elymus glaucus

Eschscholzia californica

Heterotheca grandiflora

Melica californica

Hydroseeding Equipment & Labor(PCRA)(excl. seed cost)¹

FACE-1 (06-18)

VII. REVEGETATION (use multiple sheets as Hydroseeding

needed)

(  Describe Revegetation Activity Being Estimated)

A. Equipment - List equipment to complete identified task. For large reclamation projects, separate mine areas.

Hydroseeding Equipment & Labor (remaining areas)²

1. Hydroseeding quote from Freedlun Hydroseeding.

2. Hydroseeding quote from RSMeans Data (32 92 19.14 0600).

B. Labor - List all labor categories to complete identified task.

Labor

Surcharge /HR

(where applicable)

(enter % of wage)

Labor Category

Leymus triticoides

Item/Plant Species

Artemisia californica

Poa secunda

Trifolium willdenovii

Carex barbarae

Carex praegracilis

Cyperus eragrostis

Hordeum brachyantherum

Juncus effusus

Juncus patens

Lotus purshianus

Lotus scoparius

Lupinus nanus

D. Total Direct Cost for this task

State of California Version: 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

FACE-1 (06-18) Page 17 of 18

VIII. MISCELLANEOUS COSTS (use multiple sheets as needed)

Item/Task Quantity $/Unit Cost ($)

6,000.0 $15.64 $93,840

20.0 $2,140.00 $42,800

20.0 $354.00 $7,080

5,600.0 $90.00 $504,000

280.0 $155.00 $43,400

80.0 $155.00 $12,400

0.0 $0.00 $0

1.0 $23,361.00 $23,361

1.0 $5,631.00 $5,631

Total Miscellaneous Costs = $732,512

Monitoring Task $/Visit

# of

Visits/Year

# of Monitoring

Years Cost ($)

$105.00 100.0 1.0 $10,500

$155.00 120.0 1.0 $18,600

$14,984.00 1.0 5.0 $74,920

$1,640.00 1.0 5.0 $8,200

$5,467.00 1.0 5.0 $27,335

$13,800.00 1.0 5.0 $69,000

$5,480.00 1.0 5.0 $27,400

$5,750.00 1.0 5.0 $28,750

$1,370.00 1.0 5.0 $6,850

$65,713.00 2.0 5.0 $657,130

Total Monitoring Costs = $928,685

Report Preparation (Project Manager)

Annual Weed Control and General Maintenance

Geologic Monitoring (Geologist)

Water Quality Monitoring (QSP

Water Quality Monitoring (QSD)

IX. MONITORING COSTS

Annual Monitoring (Scientist/Tech)

Annual Monitoring (Project Manager)

Report Preparation (Scientist/Tech)

Creek Restoration Monitoring (PCRA – 1 year) (hours)

Geologic Monitoring (PCRA – 1 year) (hours)

Geotechnical Oversight During Backfilling

Geotechnical Monitoring (Technician) (hours)

Wetland Delineation (lump sum)

Permitting Costs for PCRA (lump sum)

Geotechnical Monitoring (Supervision) (hours)

Final Geotechnical Report (hours)

Removal of Power Lines and Poles (poles)

Provide documentation showing that rates, prices, and wages are available locally to all persons, including the lead

agency and/or the Department.

Examples of this type of cost may include temporary storage of equipment and materials off site, special one-time permits

(i.e. transportation permits for extra wide overweight loads, etc.), decommissioning a process mill (i.e. decontamination of

equipment), disposal of warehouse inventories, well abandonnment, remediation of fueling and waste oil storage sites,

septic system removal, costs to prepare closure and monitoring reports, site security, preserving potable water and

maintaining utilities, etc.

Water Line Construction (feet)

Power Line Construction (poles)

State of California 8-31-18

DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATION

FACE-1 (06-18) Page 18 of 18

(V) Total of all Plant Structures & Equipment Removal Costs $ 207,518

(VI) Total of all Primary Reclamation Activities Costs $ 45,658,134

(VII) Total of all Revegetation Costs $ 2,949,901

(VII) Total of all Miscellaneous Costs $ 732,512

(IX) Total of all Monitoring Costs $ 928,685

Total of Direct Costs $ 50,476,750

(A) Supervision ( 2.4 %) $ 1,208,920

(B) Profit/Overhead ( 3.9 %) $ 1,964,514

(C) Contingencies ( 2.0 %) $ 1,009,535

(D) Mobilization ( 2.0 %) $ 1,009,535

Total of Indirect Costs $ 5,192,504

Total of Direct and Indirect Costs $ 55,669,254

5% $ 2,783,463

Total Estimated Cost of Reclamation $ 58,452,717

Version:

(E) Lead Agency and/or Dept. of Conservation Administrative Costs

X. SUMMARY OF COSTS

This section shall be used to summarize all the cost sheets in one place.

XI. SUPERVISION / PROFIT & OVERHEAD / CONTINGENCIES / MOBILIZATION

Attachment 1

Aggregate Machinery Specialist

924 Calle Negocio  Unit A

San Clemente, CA 92673

Phone: (949) 366-3070  Fax: (949) 366-3069

www.aggregatemachineryspecialist.net

September 7, 2018

Mr. Travis Jokerst

ENVIROMINE, INC.

3511 Camino del Rio South

Suite 403

San Diego, CA 92108

SUBJECT: Lehigh Hanson Permanente Plant

QUOTE #: 1607-1074-JFM Rev 1

Dear Travis,

Please refer to our previous cost estimate of July 12, 2016. Based on shipment in the second half of 2019, we

would expect the following prices:

ITEM 1 Primary Station

PRICE: $1,250,000.00

OPTIONS

A. $ 38,065.00

B. $ 74,060.00

ITEM 2 Dust Collector

PRICE: $ 45,095.00

B. Mounting $ 20,640.00

SUMMARY – Items 1 and 2

Equipment $1,427,860.00

Sales Tax 8% $ 114,230.00

Freight $ 111,360.00

TOTAL $1,653,450.00

Page 2

924 Calle Negocio, Unit A. San Clemente, CA 92673  Phone: (949) 366-3070  Fax: (949) 366-3069

www.aggregatemachinery.net

ITEM 3 Pit Conveyor

PRICE: $1,152,050.00

OPTIONS

A. $ 12,995.00

B. $ 3,715.00

C. $ 557,600.00

D. $ 32,890.00

Subtotal: $1,759,250.00

Lot of four (4) conveyors: $7,037,000.00

Sales Tax 8% $ 562,960.00

Freight $ 364,240.00

TOTAL: $7,964,200.00

ITEM 4 Stacker

PRICE: $ 626,280.00

OPTIONS

A. $ 3,235.00

B. $ 5,025.00

C. $ 1,470.00

D. $ 1,530.00

E. $ 9,940.00

Subtotal: $ 647,480.00

Delivery currently:

Primary 20 – 40 weeks

Dust Collector 14 – 16 weeks

Overland Conveyor 18 – 22 weeks

Telescoping Conveyor 16 – 20 weeks

Freights are based on current freight estimates and would be invoiced at our actual cost. Sales tax is quoted at

current rate and would be adjusted to appropriate rate at time of invoice. Terms to be agreed upon.

J.F. Mulligan

September 7, 2018

Aggregate Machinery Specialist

924 Calle Negocio  Unit A

San Clemente, CA 92673

Phone: (949) 366-3070  Fax: (949) 366-3069

www.aggregatemachineryspecialist.net

July 12, 2016

Mr. Damien Galford

Project Manager

ENVIROMINE, INC.

135 Camino Dorado, Suite 11

Napa, CA 94558

SUBJECT: Lehigh Hanson Permanente

QUOTE #: 1607-1074-JFM

Dear Mr. Galford,

We are pleased to forward BUDGET prices and specifications for the Primary Station at Lehigh Hanson

Permanente. Final prices may vary dependent upon when and if an order is placed. These prices are valid

until December 30, 2017.

Prices and deliveries are all over the place. In general factories are somewhat busy with reduced staff, handing

one project at a time. There is no consistency in the market. This being said we realize this is a long term

project; currently complete shipment would be accomplished in a 6 – 8 month period.

Our invoice EQ16118 for services in relation to this project is attached.

We trust this meets your requirements and that you will not hesitate in contacting us if you need additional

information.

Very truly yours,

AGGREGATE MACHINERY SPECIALIST

John F. Mulligan

Cc: J.C. Mulligan

T. ONeill

Page 2

924 Calle Negocio, Unit A. San Clemente, CA 92673  Phone: (949) 366-3070  Fax: (949) 366-3069

www.aggregatemachinery.net

ENVIROMINE

Lehigh Hanson Permanente Reclamation

July 12, 2016

ITEM 1 Primary Station

1. New Telsmith 3858 PP-VGF Portable Primary Plant consisting of the following:

Structural steel chassis with blocking supports, crusher discharge hopper, chutes, and all necessary supporting

structures.

Telsmith 60” x 24’ Heavy Duty Vibrating Grizzly Feeder complete with mild steel pan, 1/2” thick AR steel

pan liner, 10’ long step deck AR steel grizzly bar section, and heavy duty coil support springs with pads.

 Dual shaft gear driven vibrating unit with adjustable counterweights, 140 mm oil lubricated bearings, 1/2

HP oil lube system with electric circulating pump and oil reservoir, and drive sheave.

 Variable Frequency, 60 HP, 1800 RPM, totally enclosed, fan cooled, high torque, ball bearing, squirrel

cage motor with V-belt drive for motor including motor sheave, bushing for motor sheave, v-belts for

standard drive centers, and pivotal motor base

Telsmith Model 38" x 58" Roller Bearing Jaw Crusher complete with fabricated steel frames, manganese steel

jaw dies, AR cheek plates, hydraulic locking and unlocking wedge lock mechanism with manual hand pump,

toggle beam, fly wheel and crusher sheave.

 Automatic pressure oil lubrication system including 2 HP electric oil pump, oil tank, filter, pressure

regulator, by-pass valve, pressure gauge, alarm system.

 Hydraulic toggle relief cylinders controlled by a hydraulic power unit with 20 HP electric driven pump,

reservoir, filter, water to oil cooler, relief valve and hydraulic controls.

 V-belt drive for 1200 RPM motor including motor sheave, bushing for motor sheave and v-belts for

standard drive centers. (Shaft diameter, length and keyway details must be provided if motor supplied by

Customer.)

 V-belt drive guard consisting of guard with mounting bracket for attachment to standard foundations.

Guards comply with most safety codes, but may require field modifications to meet specific codes.

 Quad axles and highway towing kit including axles, axle support, air brakes, wheels, tires, kingpin, mudflaps,

and lights with reflectors.

 250 HP, 1200 RPM, TEFC electric motor with slide-rails.

 54” x 32’-3” End Discharge Conveyor complete with V-belt and torque arm reducer drive, 20 HP, 1800

RPM, TEFC, 3/60/460 electric motor, drive guard, nip guards, idlers, 3-ply 3/16” x 1/16” conveyor

belting, lagged head pulley, self-cleaning tail pulley, skirting with rubber flashing, belt scraper, and

backstop.

PRICE: ExWorks Mequon, WI $1,068,000.00

Page 3

924 Calle Negocio, Unit A. San Clemente, CA 92673  Phone: (949) 366-3070  Fax: (949) 366-3069

www.aggregatemachinery.net

OPTIONS/ACCESSORIES

A. Self-contained gas engine powered 4-point hydraulic leveling system including 6” bore hydraulic

rams with 36” stroke, control valves, hoses, and mounting brackets. Plant must be blocked for

operation.

ADD: $ 30,450.00

B. Lift off motor starter panel with wiring to plant motors and variable speed control.

ADD: $ 59,250.00

ITEM 2 Dust Collector

A. DCE Model DLMV 60/15 Type F (H + K11- 15 Hp Integral Fan ) Base Model

 Finish cost: standard finish

 Seal frame assembly (tube sheet): standard –mild steel

 Inserts: mild steel

 Filter bags: Dura-Life™ Polyester

 Control Box with Timer: with solenoids (NEMA 4 ENCL)

 Pressure gauge: Magnehelic

 Motor options: fan rotation

 Compressed air components: piggyback filter and regulator

 Housing assembly (upstands): vertical, unmounted

 Clamp assembly: standard

PRICE: fob Louisville, KY $ 40,700.00

B. Mounting

Designed to be installed on the discharge conveyor, removed when traveling.

Vertical mounting support, corrugated metal conveyor covers, discharge head box for conveyor.

PRICE: fob Factory $ 18,575.00

TOTAL: $ 59,275.00

SUMMARY – Item 1

Primary $1,068,000.00

Leveling Jacks $ 30,450.00

Motor Control $ 59,250.00

Dust Collector with Mounting $ 59,275.00

Subtotal $1,216,975.00

Sales Tax (4.81%) – Special Rate $ 58,536.00

Freight, estimated $ 85,189.00

TOTAL $1,360,700.00

Page 4

924 Calle Negocio, Unit A. San Clemente, CA 92673  Phone: (949) 366-3070  Fax: (949) 366-3069

www.aggregatemachinery.net

ITEM 3 Masaba 42” x 2375’ Overland Conveyor

 Frame – 8” channel, bolt in cross members

 Supports – 2’ tall intermediate supports on 20’ spacing, head end supports for 8’ discharge height

 Drive – Falk V-Class shaft mounted right-angle gear reducer assembly with cooling fan and L.S. Hindon

emergency brake

 Motor – 300hp electric with VFD control package

 V-Belt Drive – with drive guard

 Capacity – 2000 TPH based on 100# per cu/ft of material

 Belt Speed – 511 FPM @ 212’ decline

 Pulleys – ENGINEERED CLASS PULLEYS

 Take Up – Gravity take up tower on tail end

 Belting – Quoted Separately

 Primary Belt Scraper – Martin Pit Viper Primary with Twist Tensioner

 Secondary Belt Scraper – Martin Secondary Scraper with tungsten-carbide blade

 V-Plow – On return side

 Transition Idlers – CEMA D, PPI, 20 degree sealed 5” diameter trough idlers

 Troughing Idlers – CEMA D, PPI, 35 degree sealed 5” diameter trough idlers, 3.5’ spacing

 Return Idlers – CEMA D, PPI, sealed 5” return idlers, 10’ spacing

 Self-Aligning Idlers – CEMA D, PPI 50’ from ends, then 100’ spacing

 Hopper – 6ft long with adjustable rubber flashing

 Switchgear – NOT INCLUDED

 Guards – Tail pulley guard, v-belt guard and nip guard on head pulley. We do not warrant that our guards

will meet all local codes. It is the responsibility of the end user to have them checked by a local inspector

 Steel Shot Blasted

 Primer – (1) coat of 2 part urethane primer

 Paint – (1) coat of 2 part urethane paint

 Owner’s Manual – (2) copies for maintenance and parts

PRICE: fob, South Dakota $ 985,000.00 each

OPTIONS/ACCESSORIES

A. Safety Cut-off switch with cable ADD: $ 9,875.00

B. Discharge Hood with replaceable AR liners ADD: $ 3,000.00

C. Fenner-Dunlop 42” PSR 3-1200 Granite 3/8 x ¼ covers ADD: $ 490,000.00

D. Dust collector, Model DLVM-2010, 7½ Hp, ADD: $ 28,125.00

vertical mounting, support legs

Total for one (1) conveyor: $1,516,000.00

Lot of four (4) conveyors: $6,064,000.00

Sales Tax (4.81%) – Special Rate $ 291,070.00

Freight, estimated $ 303,230.00

TOTAL: $6,717,575.00

Page 5

924 Calle Negocio, Unit A. San Clemente, CA 92673  Phone: (949) 366-3070  Fax: (949) 366-3069

www.aggregatemachinery.net

ITEM 4 Masaba 42” x 190’ Pit Portable Magnum Telescoping Stacker

Conveyor Frame

Main Frame – 84” Deep engineered truss

Extra Chord Angle – From tail end to head end undercarriage pinning point.

Counterweight – On-board design installed in the main frame tail

Stinger Frame – 66” Deep engineered truss

Stinger Drive – MASABA TRACK TECHNOLOGY. Eliminates danger of cable breakage and uncontrolled

roll back - No winch or cable. Conveyor extends to 190’ length

Road Portability

Tubular Undercarriage – Hydraulic raise & lower with 30 hp pumping unit

Swing Axle – Pit portable tandem walking beam axle with dual (8) 385/65D-19.5 tires and wheel

Axle Jacks – Jacks hydraulically lift conveyor to allow swing axle deployment

Power Travel – (1) hydraulic drive with #100 chain and sprockets

Towing Eye – For pit transport

Anchor Pivot Plate - Maintains tail end during radial travel.

Main & Stinger Components

Drives – Class II head end

Motors – (2) 60 hp/(2) 50 hp

Gear Reducers – Dodge TAII shaft mount with backstop

Capacity – 1500 TPH based on 100# per cu/ft of material at 18 degrees

Belt Speed – 450/600 FPM

Head Pulley – Heavy Duty 18” diameter drum pulley with 3/8” herringbone lagging

Tail Pulley – Heavy Duty 16” diameter self-cleaning wing type pulley

Take Ups – Screw type

Belting – 3-ply 3/16” x 1/16” 330 PIW

Belt Splice – Flexco mechanical steel fasteners

Belt Scraper – Martin Pit Viper with Twist Tensioner

Transition Idlers (main) – CEMA C, Precision, 20 degree, sealed 5” diameter idlers

Troughing Idlers – CEMA C, Precision, 35 degree, sealed 5” diameter, 4’ spacing

Return Idlers – CEMA C, Precision, sealed 5” return idlers, 10’ spacing

Self-Aligning (main) – (1) CEMA C, Precision, self-aligning idler

Self-Aligning Return (stinger) – ASGCO Tru-Trainer Return Roll

Hopper – 6’ long hopper with adjustable rubber flashing, radial receiving hopper and rock ledge

Controls

Complete Switchgear - manual operation for extend/retract, raise/lower, axle jacks, start/stop conveyors and

main disconnect

PLC – Manual – electric buttons control. Power travel, conveyor raise and conveyor extension.

Material Flow Sensor – pauses conveyor movement when material is not present

General Specifications

Guards – Tail pulley guard, v-belt guard and nip guard on head pulley. We do not warrant that our guards

will meet all local codes. It is the responsibility of the end user to have them checked by a local inspector

Steel Shot Blasted

Primer – (1) coat of 2 part urethane primer

Paint – (1) coat of 2 part urethane paint

Owner’s Manual – (2) copies for maintenance and parts

PRICE: fob, South Dakota $ 563,650.00

Page 6

924 Calle Negocio, Unit A. San Clemente, CA 92673  Phone: (949) 366-3070  Fax: (949) 366-3069

www.aggregatemachinery.net

OPTIONS/ACCESSORIES

A. Remote grease bank for pulley bearings ADD: $ 2,750.00

B. Wireless remote control for all manual conveyor functions ADD: $ 4,295.00

1,000 ft. range

C. Impact idlers in lieu of steel rolls in load area ADD: $ 1,190.00

D. Safety switch, radial travel safety switches ADD: $ 1,315.00

E. Dual power travel, 4-wheel drive ADD: $ 8,500.00

Total with options: $ 581,700.00

Sales Tax (4.81%) – Special rate $ 27,920.00

Freight, estimated $ 29,080.00

TOTAL: $ 638,700.00

Delivery currently:

Primary 16 – 20 weeks

Dust Collector 14 – 16 weeks

Overland Conveyor 16 – 20 weeks

Telescoping Conveyor 14 – 16 weeks

Freights are based on current freight estimates and would be invoiced at our actual cost. Sales tax is quoted at

current rate and would be adjusted to appropriate rate at time of invoice. Terms to be agreed upon.

J.F. Mulligan

July 12, 2016

Attachment 2

1

Kristen

To: Travis Jokerst

Subject: RE: FACE Backfill Requirement

From: Clifford, Robert [mailto:robert.clifford@stantec.com]

Sent: Tuesday, August 20, 2019 9:32 AM

To: Flagan, Talia M (Cupertino) USA <Talia.Flagan@LehighHanson.com>

Cc: Gold, Gregory <Gregory.Gold@stantec.com>

Subject: RE: FACE Backfill Requirement

The fill volume from the June 24 2019 survey to the Current RPA is

Fill volume (end surface above start surface):

805,832,503.37 cubic feet

29,845,648.27 cubic yards

The 0.9M additional fill is from the south side mining of the sliver cut. Do you need this back in memo form and PE

stamped?

Robert Clifford

Senior Project Manager

Senior Mine Engineer

Direct: 720 889-6108

robert.clifford@stantec.com

The link ed image cannot be display ed. The file may hav e been mov ed, renamed, or deleted. Verify that the link points to the

correct file and location.

Attachment 3

Edition 40 1-47

1

Estimating Production Off-The-Job Bulldozers

● U-Blades

0

200

400

600

800

1000

1200

1400

1600

1800

2000

2200

2400

2600

2800

3000

3200

3400

3600

3800

4000

4200

4400

4600

4800

0

300

600

900

1200

1500

1800

2100

2400

2700

3000

3300

3600

0 100 200 300 400 500 600

0 30 60 90 120 150 180

BACDE

F

E

D

C

B

A

G F

G

Meters

KEY

A —D11T-11U

B —D11T CD

C —D10T-10U

D —D9R/D9T-9U

E —D8R/D8T-8U

F —D7R Series 2-7U

G—D7G-7U

NOTE: This chart is based on numerous field

studies made under varying job conditions.

Refer to correction factors follow -

ing these charts.

Lm3/hr LCY/hr

AVERAGE DOZING DISTANCE

Feet

EST. DOZING PRODUCTION

ESTIMATED DOZING PRODUCTION ● Universal Blades ● D7G through D11T

1-50 Edition 40

Bulldozers Job Factors

Estimating Production Off-The-Job

● Example Problem

JOB CONDITION CORRECTION FACTORS

TRACK- WHEELTYPE

TYPE

TRACTOR TRACTOR

OPERATOR —

Excellent 1.00 1.00

Average 0.75 0.60

Poor 0.60 0.50

MATERIAL —

Loose stockpile 1.20 1.20

Hard to cut; frozen —

with tilt cylinder 0.80 0.75

without tilt cylinder 0.70 —

Hard to drift; “dead” (dry,

non-cohesive material)

or very sticky material 0.80 0.80

Rock, ripped or blasted 0.60-0.80 —

SLOT DOZING 1.20 1.20

SIDE BY SIDE DOZING 1.15-1.25 1.15-1.25

VISIBILITY —

Dust, rain, snow, fog or darkness 0.80 0.70

JOB EFFICIENCY —

50 min/hr 0.83 0.83

40 min/hr 0.67 0.67

BULLDOZER*

Adjust based on SAE capacity

relative to the base blade

used in the Estimated Dozing

Production graphs.

GRADES — See following graph.

*NOTE: Angling blades and cushion blades are not considered production dozing

tools. Depending on job conditions, the A-blade and C-blade will average

50-75% of straight blade production.

% Grade vs. Dozing Factor

(–) Downhill

(+) Uphill

1.8

1.6

1.4

1.2

1.0

.8

.6

.4

.2

–30 –20 –10 0 +10 +20 +30

ESTIMATING DOZER PRODUCTION

OFF-THE-JOB

Example problem:

Determine average hourly production of a D8T/8SU

(with tilt cylinder) moving hard-packed clay an average

distance of 45 m (150 feet) down a 15% grade,

using a slot dozing technique.

Estimated material weight is 1600 kg/Lm3

(2650 lb/LCY). Operator is average. Job efficiency

is estimated at 50 min/hr.

Uncorrected Maximum Production — 458 Lm3/h

(600 LCY/hr) (example only)

Applicable Correction Factors:

Hard-packed clay is “hard to cut” material –0.80

Grade correction (from graph) . . . . . . . . . .–1.30

Slot dozing . . . . . . . . . . . . . . . . . . . . . . . . . .–1.20

Average operator . . . . . . . . . . . . . . . . . . . . .–0.75

Job efficiency (50 min/hr) . . . . . . . . . . . . . .–0.83

Weight correction . . . . . . . . . . .(2300/2650)–0.87

Production = Maximum Production Correction

Factors

= (600 LCY/hr) (0.80) (1.30) (1.20)

(0.75) (0.83) (0.87)

= 405.5 LCY/hr

To obtain production in metric units, the same

procedure is used substituting maximum uncorrected

production in Lm3.

= 458 Lm3/h Factors

= 309.6 Lm3/h

Attachment 4

8-53

8

651E Auger Travel Time — Loaded Wheel Tractor-Scrapers

● 40.5/75R39 Tires

TOTAL RESISTANCE

(Grade plus Rolling)

feet meters

LOADED

minutes

DISTANCE ONE WAY

TIME

Empty weight: 66 575 kg (146,770 lb)

Payload: 47 175 kg (104,000 lb)

8-54

Wheel Tractor-Scrapers 651E Auger Travel Time — Empty

● 40.5/75R39 Tires

TOTAL RESISTANCE

(Grade plus Rolling)

feet meters

EMPTY

minutes

DISTANCE ONE WAY

TIME

Empty weight: 66 575 kg (146,770 lb)

Attachment 5

1

Warren Coalson

Enviromine, Inc. August 22, 2019

3511 Camino Del Rio South, Suite 403

San Diego, CA 92108

Re: Permanente Quarry Cupertino

Dear Mr. Coalson:

Thank you for contacting Pacific Coast Seed, Inc. as your seed supplier for the above

referenced project. We anticipate that we will have the below listed seed in sufficient

quantities to seed the ~13.70 acres located in Cupertino, CA. The below items have been

priced assuming the seed is provided on a Standard Commercial Quality basis. These

items will be mixed and labeled in accordance with California and Federal Seed Laws

and consist of the following:

Table 1:

SCIENTIFIC NAME COMMON NAME Pounds Per Acre

Bulk Seed

Cost Per Pound Bulk

Seed

SHRUBS

Artemisia californica coastal sagebrush 10 $36.00

Baccharis pilularis coyotebrush 6 $28.00

Eriogonum fasciculatum Eastern Mojave buckwheat

16

$12.00

Lotus scoparius (now known as

Acmispon glaber) deer weed

2

$36.00

Salvia mellifera black sage 4.3 $48.00

GRASSES AND HERBS

Achillea millefolium common yarrow 2 $48.00

Artemisia douglasiana Douglas’ sagewort

1.9

$98.00

Bromus carinatus California brome 10 $8.00

Clarkia purpurea ssp.

quadrivulnera winecup clarkia

1

$85.00

Elymus glaucus blue wildrye 6 $18.00

Heterotheca grandiflora telegraph weed

1

$90.00

Lotus purshianus (now known

as Acmispon americanus) Spanish Clover

3.6

$100.00

Plantago erecta dotseed plantain 3 $40.00

2

Sisyrinchium bellum western blue-eyed grass 1.4 $90.00

Vulpia microstachys small fescue 10 $24.00

Table 2:

Scientific Name Common Name Lb/Acre Price/Lb

Artemisia douglasiana mugwort 2 $98.00

Carex barbarae valley sedge 3 $400.00

Carex praegracilis field sedge 3 $115.00

Cyperus eragrostis tall flatsedge 6 $140.00

Hordeum brachyantherum meadow barley 18 $24.00

Juncus effusus bog rush 1 $120.00

Juncus patens common rush 1 $135.00

Leymus triticoides creeping wildrye 6 $80.00

Total 40

Please provide a purchase order by June 1st on the year preceding that in which the seed

purchase is intended. Some items may require extra collections be made in advance to

assume supply of the quantities requested.

Thank you again for consulting Pacific Coast Seed, Inc. as your seed supplier for this

project. We look forward to working with you on future projects.

Sincerely,

Pacific Coast Seed, Inc

Kitty Luckert

Office Manager

Attachment 6

1925 N. McArthur Dr, Suite 100 Tracy, CA 95376 Ph: 925-373-4417 Fax: 925-373-6855

www.pcseed.com

Warren Coalson

Enviromine, Inc. August 22, 2019

3511 Camino Del Rio South, Suite 403

San Diego, CA 92108

Re: Permanente Quarry Cupertino

Dear Mr. Coalson:

Thank you for contacting Pacific Coast Seed, Inc. as your seed supplier for the above

referenced project. We anticipate that we will have the below listed seed in sufficient

quantities to seed the ~517 acres located in Cupertino, CA. The below items have been

priced assuming the seed is provided on a Standard Commercial Quality basis. These

items will be mixed and labeled in accordance with California and Federal Seed Laws

and consist of the following:

Table 1:

SCIENTIFIC NAME COMMON NAME Pounds Per Acre

Bulk Seed

Cost Per Pound Bulk

Seed

SHRUBS

Artemisia californica coastal sagebrush 16 (8) * $36.00

Baccharis pilularis coyotebrush 20 (6) * $28.00

Eriogonum fasciculatum California buckwheat

20 (10) *

$12.00

Salvia leucophylla Purple sage 2 * $80.00

Salvia mellifera black sage 3 $48.00

GRASSES AND HERBS

Achillea millefolium common yarrow 1 $48.00

Artemisia douglasiana Douglas’ sagewort

1 (2) *

$98.00

Bromus carinatus California brome 6 (8) $8.00

Elymus glaucus blue wildrye

6 (8)

$18.00

Eschscholzia californica California Poppy 2 (1.5) $24.00

Heterotheca grandiflora telegraph weed 1 * $70.00

Lotus purshianus Spanish Clover

1 (1.5)

$100.00

Lotus scoparius Deerweed 2 $36.00

Lupinus nanus Sky lupine 1 (2) $52.00

Melica californica Californica melic 2 $55.00

1925 N. McArthur Dr, Suite 100 Tracy, CA 95376 Ph: 925-373-4417 Fax: 925-373-6855

www.pcseed.com

Nasella pulchra Purple needlegrass

4

$42.00

Poa secunda One-sided bluegrass

2

$30.00

Trifolium wildenovii Tomcat clover

2

$60.00

Total 93

Please provide a purchase order by June 1st on the year preceding that in which the seed

purchase is intended. Some items may require extra collections be made in advance to

assume supply of the quantities requested and are noted with a *. Numbers in ( ) show the

more usual seeding rates for these seeds.

Thank you again for consulting Pacific Coast Seed, Inc. as your seed supplier for this

project. We look forward to working with you on future projects.

Sincerely,

Pacific Coast Seed, Inc

Patricia L. Gomez

Sales & Design

Attachment 7

F R E E D L UN H Y D R O S E E D I N G I N C

5 1 8 B A YWO O D C T , V A C A V I L L E , C A 9 5 6 8 8

LICENSE #740810

8 0 0 - 3 0 0 - 9 4 2 3 7 0 7 - 4 4 8 - 9 4 2 3

F A X 7 0 7 - 4 4 6 - 8 1 4 6

D E A N @ F R E E D L U N . N E T O R T E R R I @ F R E E D L U N . N E T

Price Quote

PHONE: 7 0 7 - 4 4 8 - 9 4 2 3 • FAX: 7 0 7 - 4 4 6 - 8 1 4 6

DEAN@FREEDLU N .NET OR TERRI@FREEDLUN.NET

August 21, 2019

Kristen Davist

EnviroMine, Inc.

RE: Reclamation Cost Estimate 2019

Hello Kristen

Please find our updated pricing for the following BFM products:

Hydroseed using Flexterra: 20+ acres @ $6,500.00 per acre

Hydroseed using ProMatrix: 20 + acres @ $4,900.00 per acre (no longer hydroblanket)

Both products shall be applied @ 4,000 lbs/acre

This quote is for one application. Should more applications be required, additional charges will apply. Full payment of the quoted

price is due within 30 days of application. Late payments will incur an additional fee of 1.5% per month.

This quote assumes customer will provide legal access to the property and to an ample water supply. If no water is available, let us

know. This quote excludes any soil prep, soil amendments, any guarantee of growth, watering, weeding, or maintenance. The

seed we purchase is determined by the details you have provided and authorized above, and is State inspected for germination

percentages.

If a payment & performance bond is required, our rate is 3%. Unless we have been notified of such requirement in writing, the cost

of any bond is not included in our quote, and will be added to the final quoted price. Our company is SB/MICRO certified through

the State of California. Init. ____

Due to the changing prices of seed, the quoted price is good for 60 days. Let us know if you want to ‘Lock-in’ a price for a date

more than 2 months away.

To accept this proposal, initial where indicated, sign and date below & fax back to 707-446-8146. Once accepted, this

quote will become a contract.

In any legal action undertaken to enforce its terms, the successful party will be entitled to any and all attorney fees and

legal costs incurred in connection with such an enforcement action.

x_____________________________________________ Date___________________ Initial Required Above

Printed name___________________________________Title____________________

􀀤􀀳􀀳􀀨􀀱􀀧􀀬􀀻􀀃􀀭􀀝

􀀤􀀰􀀨􀀱􀀧􀀨􀀧􀀃􀀱􀀳􀀧􀀨􀀶􀀃􀀳􀀨􀀵􀀰􀀬􀀷

ORDER No. R2-2019-0024

NPDES No. CA0030210

The following discharger is subject to waste discharge requirements (WDRs) set forth in this Order:

Table 1. Discharger Information

Discharger Lehigh Southwest Cement Company and Hanson Permanente Cement, Inc.

Facility Name Permanente Plant

Facility Address

24001 Stevens Creek Blvd.

Cupertino, CA, 95014

Santa Clara County

CIWQS Place Number 273205

Table 2. Discharge Locations

Discharge

Point

Effluent

Description

Discharge Point

Latitude (North)

Discharge Point

Longitude (West)

Receiving

Water

001

Treated quarry dewatering water,

Crusher Slope Drainage Area

stormwater, Cement Plant Reclaim

Water System wastewater, Rock Plant

aggregate wash water, Truck Wash

water, subsurface flow from the East

Materials Storage Area (EMSA)

(intercepted by the EMSA French

drain, EMSA catchment and drainage

swales, and any additional related

infrastructure), non-stormwater, and

stormwater, discharged from Final

Treatment System (FTS)-Upper

37.31713° -122.11165° Permanente

Creek

002 Settled stormwater from slope north of

Pond 13B, discharged from Pond 13B 37.31674° -122.10167° Permanente

Creek

004

Potential discharge of settled

stormwater from rain falling directly on

Rock Plant and runoff from adjacent

hillside, discharged from Pond 17

37.31431° -122.08893° Permanente

Creek

005

Settled stormwater from former

Aluminum Plant, entry road, nearby

hillside, and rain falling in the Rock

Plant area, discharged from Pond 20

37.31899° -122.087159° Permanente

Creek

006 Settled stormwater from EMSA,

discharged from Pond 30 37.32241° -122.08551° Permanente

Creek

007 Same sources as Discharge Point No.

001, discharged from FTS-Lower 37.31778° -122.08750° Permanente

Creek

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

2

Table 3. Administrative Information

This Order was adopted on: July 10, 2019

This Order shall become effective on: September 1, 2019

This Order shall expire on: August 31, 2024

CIWQS Regulatory Measure Number 432980

The Discharger shall file a Report of Waste Discharge for updated WDRs in

accordance with California Code of Regulations, title 23, and as an application

for reissuance of a National Pollutant Discharge Elimination System (NPDES)

permit no later than:

December 5, 2023

The U.S. Environmental Protection Agency (U.S. EPA) and the California

Regional Water Quality Control Board, San Francisco Bay Region, have

classified this discharge as follows:

Major

I hereby certify that this Order with all attachments is a full, true, and correct copy of the Order adopted

by the California Regional Water Quality Control Board, San Francisco Bay Region, on the date

indicated above.

____________________________________

Michael Montgomery, Executive Officer

2019.07.17

10:21:16 -07'00'

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

3

Contents

I. Facility Information ............................................................................................................................4

II. Findings...............................................................................................................................................4

III. Discharge Prohibitions........................................................................................................................5

IV. Effluent Limitations and Discharge Specifications ............................................................................5

A. Discharge Point Nos. 001 and 007 ..............................................................................................5

B. Discharge Point Nos. 002, 004, 005, and 006 .............................................................................6

C. Acute Toxicity (Discharge Point Nos. 001 and 007) ..................................................................6

V. Receiving Water Limitations ..............................................................................................................6

VI. Provisions............................................................................................................................................8

A. Standard Provisions.....................................................................................................................8

B. Monitoring and Reporting...........................................................................................................9

C. Special Provisions .......................................................................................................................9

1. Reopener Provisions..............................................................................................................9

2. Effluent Characterization Study and Report .......................................................................10

3. Pollutant Minimization Program .........................................................................................10

4. Receiving Water Data Reporting ........................................................................................11

5. Dry Season Discharge Requirements ..................................................................................11

6. Selenium in Fish Tissue Reasonable Potential Study .........................................................12

Tables

Table 1. Discharger Information................................................................................................................. 1

Table 2. Discharge Locations ..................................................................................................................... 1

Table 3. Administrative Information .......................................................................................................... 2

Table 4. Effluent Limitations – Discharge Point Nos. 001 and 007........................................................... 5

Table 5. Effluent Limitations – Discharge Point Nos. 002, 004, 005, and 006.......................................... 6

Attachments

Attachment A – Definitions.................................................................................................................... A-1

Attachment B – Facility Map...................................................................................................................B-1

Attachment C – Process Flow Diagram...................................................................................................C-1

Attachment D – Federal Standard Provisions......................................................................................... D-1

Attachment E – Monitoring and Reporting Program (MRP)...................................................................E-1

Attachment F – Fact Sheet.......................................................................................................................F-1

Attachment G – Regional Standard Provisions and Monitoring and Reporting Requirements ............. G-1

Attachment S – Stormwater Provisions, Monitoring, and Reporting Requirements...............................S-1

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

4

I. FACILITY INFORMATION

Information describing the Lehigh Southwest Cement Company’s (Discharger’s) Permanente Plant

(Facility) is summarized in Table 1 and Fact Sheet (Attachment F) sections I and II.

II. FINDINGS

The California Regional Water Quality Control Board, San Francisco Bay Region (Regional Water

Board), finds the following:

A. Legal Authorities. This Order serves as WDRs pursuant to California Water Code article 4,

chapter 4, division 7 (commencing with § 13260). 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 shall serve as a National

Pollutant Discharge Elimination System (NPDES) permit authorizing the Discharger to

discharge into waters of the United States as listed in Table 2 subject to the WDRs in this Order.

B. Background and Rationale for Requirements. The Regional Water Board developed the

requirements in this Order based on information the Discharger submitted as part of its

application, information obtained through monitoring and reporting programs, and other

available information. The Fact Sheet (Attachment F) contains background information and

rationale for the requirements in this Order, and is hereby incorporated into and constitutes

findings for this Order. Attachments A through E, G, and S are also incorporated into this Order.

C. Provisions and Requirements Implementing State Law. No provisions and requirements in

this Order are included to implement State law only.

D. Cease and Desist Order. The Regional Water Board adopted Cease and Desist Order

No. R2-2014-0011 (later amended through Order No. R2-2017-0031) to enforce foreseeable

violations of Order No. R2-2014-0010 (later amended through Order No. R2-2017-0030)

(previous order). The Cease and Desist Order required full compliance with the previous order

by October 1, 2017, and this Order rescinds the previous order. Therefore, the Cease and Desist

Order is no longer needed and can be rescinded.

E. Technical Information Requirement. On August 1, 2018, the Executive Officer ordered the

Discharger to provide technical information about Facility discharges and their effects on

Permanente and Stevens creeks pursuant to Water Code section 13267. The Monitoring and

Reporting Program (MRP) (Attachment E) incorporates and updates those information

requirements; therefore, the August 1, 2018, order is no longer needed and can be rescinded.

F. Notification of Interested Parties. The Regional Water Board notified the Discharger and

interested agencies and persons of its intent to prescribe these WDRs and rescind the Cease and

Desist Order, and provided an opportunity to submit written comments and recommendations.

The Fact Sheet provides details regarding the notification.

G. Consideration of Public Comment. The Regional Water Board, in a public meeting, heard and

considered all comments pertaining to the discharge. The Fact Sheet provides details regarding

the public hearing.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

5

THEREFORE, IT IS HEREBY ORDERED that Order No. R2-2014-0010, as amended by Order

No. R2-2017-0030; Cease and Desist Order No. R2-2014-0011, as amended by Order No. R2-2017-

0031; and the August 1, 2018, order pursuant to Water Code section 13267 are rescinded upon the

effective date of this Order, except for enforcement purposes, and, in order to meet the provisions of

California Water Code division 7 (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 Regional Water Board

from taking enforcement action for past violations of rescinded orders.

III.DISCHARGE PROHIBITIONS

A. Discharge of treated or untreated wastewater at a location or in a manner different than described

in this Order is prohibited.

B. Combined discharge greater than 167,000 gallons per hour (gph), as determined on an hourly

basis, from Discharge Point Nos. 001 and 007 is prohibited.

C. Discharge from Discharge Point Nos. 002, 004, 005, and 006 is prohibited except as a result of

precipitation or as necessary to discharge retained stormwater.

D. Discharge of kiln exhaust cooling water is prohibited.

IV. EFFLUENT LIMITATIONS AND DISCHARGE SPECIFICATIONS

A. Discharge Point Nos. 001 and 007

The Discharger shall comply with the following effluent limitations at Discharge Point Nos. 001

and 007, with compliance measured at Monitoring Locations EFF-001 and EFF-007 as described

in the MRP.

Table 4. Effluent Limitations – Discharge Point Nos. 001 and 007

Parameter Units

Average

Monthly

Effluent

Limitation

Maximum

Daily

Effluent

Limitation

Instantaneous

Minimum

Effluent

Limitation

Instantaneous

Maximum

Effluent

Limitation

Oil and Grease mg/L 10 20 — —

pH [1] s.u. — — 6.5 8.5

Settleable Matter mL/L-hr 0.10 0.20 — —

Total Residual Chlorine mg/L — — — 0.0

Total Suspended Solids (TSS) [2] lbs/d — 58 — —

Antimony μg/L 6.0 12 — —

Chromium (VI) μg/L 6.0 16 — —

Selenium μg/L 3.7 8.2 — —

Unit Abbreviations:

μg/L = micrograms per liter

mg/L = milligrams per liter

mL/L-hr = milliliters per liter-hour

lbs/d = pounds per day

s.u. = standard units

Footnotes:

[1] If the Discharger monitors pH continuously, pursuant to 40 C.F.R. § 401.17 the Discharger shall be in compliance with this pH

limitation provided that both of the following conditions are satisfied: (i) the total time during which the pH is outside the

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

6

required range shall not exceed 7 hours and 26 minutes in any calendar month; and (ii) no individual excursion from the required

pH range shall exceed 60 minutes

[2] Limit applies to the combined discharge from Discharge Point Nos. 001 and 007.

B. Discharge Point Nos. 002, 004, 005, and 006

The Discharger shall comply with the following effluent limitations at Discharge Point Nos. 002,

004, 005, and 006, with compliance measured at Monitoring Locations EFF-002, EFF-004,

EFF-005, and EFF-006 as described in the MRP.

Table 5. Effluent Limitations – Discharge Point Nos. 002, 004, 005, and 006

Parameter Units

Average

Monthly

Effluent

Limitation

Maximum

Daily

Effluent

Limitation

Instantaneous

Minimum

Effluent

Limitation

Instantaneous

Maximum

Effluent

Limitation

Oil and Grease mg/L 10 20 — —

pH s.u. — — 6.5 8.5

Settleable Matter mL/L-hr 0.10 0.20 — —

TSS mg/L — 50 — —

Unit Abbreviations:

mg/L = milligrams per liter

mL/L-hr = milliliters per liter-hour

s.u. = standard units

C. Acute Toxicity (Discharge Point Nos. 001 and 007)

Discharges at Discharge Point Nos. 001 and 007 shall comply with the following effluent

limitations, with compliance measured at Monitoring Locations EFF-001 and EFF-007 as

described in the MRP:

1. Three-sample median value of not less than 90 percent survival; and

2. Single-sample value of not less than 70 percent survival.

These acute toxicity limitations are defined as follows:

• Three-sample median. A bioassay test showing survival of less than 90 percent represents a

violation of this effluent limit if one of the past two bioassay tests show less than 90 percent

survival.

• Single-sample maximum. A bioassay test showing survival of less than 70 percent

represents a violation of this effluent limit.

V. RECEIVING WATER LIMITATIONS

A. The discharge shall not cause the following conditions to exist in receiving waters at any place:

1. Floating material, including solids, liquids, foams, and scum, in concentrations that cause

nuisance or adversely affect beneficial uses;

2. Alteration of suspended sediment in such a manner as to cause nuisance or adversely

affect beneficial uses, or detrimental increase in the concentrations of toxic pollutants

in sediments or aquatic life;

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

7

3. Suspended material in concentrations that cause nuisance or adversely affect

beneficial uses;

4. Bottom deposits or aquatic growths to the extent that such deposits or growths cause

nuisance or adversely affect beneficial uses;

5. Alteration of temperature beyond present natural background levels;

6. Changes in turbidity that cause nuisance or adversely affect beneficial uses, or

increases from normal background light penetration or turbidity greater than

10 percent in areas where natural turbidity is greater than 50 nephelometric turbidity

units;

7. Coloration that causes nuisance or adversely affects beneficial uses;

8. Visible, floating, suspended, or deposited oil or other products of petroleum origin; or

9. Toxic or other deleterious substances in concentrations or quantities that cause deleterious

effects on wildlife, waterfowl, or other aquatic biota, or render any of these unfit for human

consumption, either at levels created in the receiving waters or as a result of biological

concentration.

B. The discharge shall not cause the following limits to be exceeded in receiving waters at any place

within one foot of the water surface:

1. Dissolved Oxygen (DO) 7.0 mg/L, minimum

The median dissolved oxygen concentration for any three

consecutive months shall not be less than 80% of the dissolved

oxygen content at saturation. When natural factors cause

concentrations less than that specified above, the discharge shall

not cause further reduction in ambient dissolved oxygen

concentrations.

2. Dissolved Sulfide Natural background levels

3. pH The pH shall not be depressed below 6.5 or raised above 8.5. The

discharge shall not cause changes greater than 0.5 pH units in

normal ambient pH levels.

4. Nutrients Waters shall not contain biostimulatory substances in

concentrations that promote aquatic growths to the extent that such

growths cause nuisance or adversely affect beneficial uses.

C. The discharge shall not cause or contribute to a violation of any water quality standard for

receiving waters adopted by the Regional Water Board or the State Water Resources Control

Board (State Water Board) as required by the CWA and regulations adopted thereunder. If more

stringent water quality standards are promulgated or approved pursuant to CWA section 303, or

amendments thereto, the Regional Water Board may revise or modify this Order in accordance

with the more stringent standards.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

8

VI. PROVISIONS

A. Standard Provisions

1. The Discharger shall comply with all “Standard Provisions” in Attachment D.

2. The Discharger shall comply with all applicable provisions of Attachment G (Regional

Standard Provisions, and Monitoring and Reporting Requirements for NPDES Wastewater

Discharge Permits).

3. For discharges from Discharge Point Nos. 002, 004, 005, and 006, the Discharger shall

comply with all applicable provisions of Attachment S (Stormwater Provisions, Monitoring,

and Reporting Requirements) as modified below. Specifically, Attachment S section I.G is

replaced as follows:

Action Levels and Advanced Best Management Practices (BMPs). If the

Discharger samples any parameter in excess of an action level in Table A, the

Discharger shall review the Stormwater Pollution Prevention Plan (SWPPP)

to identify appropriate modifications to existing BMPs or additional BMPs as

necessary to reduce pollutant discharge concentrations to levels below the

action level. The Discharger shall revise the SWPPP accordingly before the

next storm, if possible, or as soon as practical, and in no event later than three

months following the exceedance.

Table A

Stormwater Action Levels

Parameter Unit Instantaneous

Action Level

Annual

Action Level [1]

Antimony μg/L 640 —

Chromium (VI) μg/L 16 —

Selenium μg/L — 5.0

Visible Oil — Presence Presence

Visible Color — Presence Presence

Footnote:

[1] Comparisons with Annual Action Levels shall be evaluated using data collected over

each 12-month period from July 1 through the following June 30.

If, upon subsequent monitoring, the pollutants measured in Table A continue

to exceed their respective action levels, the Discharger shall further evaluate

its BMPs and update its SWPPP accordingly to include advanced BMPs in

addition to the minimum BMPs described in Provision I.F, above. The

Discharger shall, to the extent feasible, implement and maintain any advanced

BMPs identified pursuant to Provision I.E.8, above, as necessary to reduce or

prevent discharges of pollutants in stormwater discharges in a manner that

reflects best industry practice considering technological availability and

economic practicability and achievability. Advanced BMPs may include one

or more of the following:

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• Exposure Minimization BMPs. These include storm resistant shelters

(either permanent or temporary) that prevent the contact of stormwater

with identified industrial materials.

• Stormwater Containment and Discharge Reduction BMPs. These

include BMPs that divert, infiltrate, reuse, contain, retain, or reduce the

volume of stormwater runoff.

• Treatment Control BMPs. These include mechanical, chemical,

biologic, or any other treatment technology that will meet the treatment

design standard.

B. Monitoring and Reporting

The Discharger shall comply with the MRP (Attachment E), and future revisions thereto, and

applicable sampling and reporting requirements in Attachments D and G.

C. Special Provisions

1. Reopener Provisions

The Regional Water Board may modify or reopen this Order prior to its expiration date in

any of the following circumstances as allowed by law:

a. If present or future investigations demonstrate that the discharges governed by this Order

have or will have a reasonable potential to cause or contribute to adverse impacts on

water quality or beneficial uses of the receiving waters.

b. If new or revised water quality objectives or total maximum daily loads (TMDLs) come

into effect for San Francisco Bay and contiguous water bodies (whether statewide,

regional, or site-specific). In such cases, effluent limitations in this Order may be

modified as necessary to reflect the updated water quality objectives and wasteload

allocations in the TMDLs. Adoption of the effluent limitations in this Order is not

intended to restrict in any way future modifications based on legally adopted water

quality objectives or TMDLs or as otherwise permitted under federal regulations

governing NPDES permit modifications.

c. If translator, dilution, or other water quality studies provide a basis for determining that a

permit condition should be modified.

d. If State Water Board precedential decisions, new policies, new laws, or new regulations

are adopted.

e. If an administrative or judicial decision on a separate NPDES permit or waste discharge

requirements addresses requirements similar to this discharge.

f. If receiving water monitoring (i.e., new information) indicates that new or revised permit

conditions are needed to resolve selenium impairment of Permanente Creek.

g. Or as otherwise authorized by law.

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The Discharger may request a permit modification based on any of the circumstances above.

With any such request, the Discharger shall include antidegradation and anti-backsliding

analyses.

2. Effluent Characterization Study and Report

a. Study Elements. The Discharger shall characterize and evaluate the discharges from

Discharge Point Nos. 001 and 007, as required by the MRP, to verify that the reasonable

potential analysis conclusions of this Order remain valid and to inform the next permit

reissuance.

The Discharger shall evaluate on an annual basis if concentrations of any of the priority

pollutants listed in Attachment G, Table B, significantly increase over past performance.

The Discharger shall investigate the cause of any such increase. The investigation may

include, but need not be limited to, an increase in monitoring frequency, monitoring of

process streams, and monitoring of influent sources. The Discharger shall establish

remedial measures addressing any increase resulting in reasonable potential to cause or

contribute to an excursion above applicable water quality criteria. This requirement may

be satisfied by including the constituent in the Discharger’s Pollutant Minimization

Program, described in Provision VI.C.3.

b. Reporting Requirements

i. Routine Reporting. The Discharger shall report the identity of pollutants detected at

or above applicable water quality criteria (see Fact Sheet Table F-6 for the criteria) in

the transmittal letter for the self-monitoring report associated with the month in which

samples were collected.

ii. Annual Reporting. The Discharger shall summarize the data evaluation and source

investigation in the annual self-monitoring report.

3. Pollutant Minimization Program

a. The Discharger shall develop and conduct a Pollutant Minimization Program as further

described below when there is evidence that a priority pollutant is present in the effluent

above an effluent limitation (e.g., sample results reported as detected but not quantified

[DNQ] when the effluent limitation is less than the method detection limit [MDL],

sample results from analytical methods more sensitive than those methods required by

this Order, presence of whole effluent toxicity, health advisories for fish consumption, or

results of benthic or aquatic organism tissue sampling) and either:

i. A sample result is reported as DNQ and the effluent limitation is less than the

Reporting Level (RL); or

ii. A sample result is reported as not detected (ND) and the effluent limitation is less

than the MDL using definitions in Attachment A and reporting protocols described in

the MRP.

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b. If triggered by the reasons set forth in Provision VI.C.3.a, above, the Discharger’s

Pollutant Minimization Program shall include, but not be limited to, the following actions

and submittals:

i. Annual review and semi-annual monitoring of potential sources of the reportable

priority pollutants, which may include fish tissue monitoring and other bio-uptake

sampling, or alternative measures when source monitoring is unlikely to produce

useful analytical data;

ii. Quarterly monitoring for the reportable priority pollutants in the influent to the

Facility. The Executive Officer may approve alternative measures when influent

monitoring is unlikely to produce useful analytical data;

iii. Submittal of a control strategy designed to proceed toward the goal of maintaining

concentrations of the reportable priority pollutants in the effluent at or below the

effluent limitation; and

iv. Implementation of appropriate cost-effective control measures for the reportable

priority pollutants, consistent with the control strategy.

4. Receiving Water Data Reporting

The Discharger shall submit receiving water data for the following parameters collected at

the following monitoring locations to the California Environmental Data Exchange Network

(CEDEN) to the extent that CEDEN accommodates the data type:

• Monitoring Location RSW-001: selenium, pH, temperature, DO, electrical

conductivity (EC), turbidity, TSS, chloride, sulfate, trace metals (antimony, arsenic

cadmium, total chromium, chromium [VI], copper, molybdenum, nickel, thallium,

vanadium, and zinc), and chronic toxicity.

• Monitoring Location RSW-004: selenium, pH, temperature, DO, EC, turbidity.

Parameters monitored quarterly with chronic toxicity: total hardness, TSS, chloride,

sulfate, trace metals (antimony, arsenic cadmium, total chromium, chromium [VI],

copper, molybdenum, nickel, thallium, vanadium, and zinc), and chronic toxicity.

• Monitoring Location RSW-005: selenium, pH, temperature, DO, EC, turbidity.

Parameters monitored quarterly with chronic toxicity: total hardness, TSS, chloride,

sulfate, trace metals (antimony, arsenic cadmium, total chromium, chromium [VI],

copper, molybdenum, nickel, thallium, vanadium, and zinc), and chronic toxicity.

• Monitoring Location RSW-006: selenium, pH, temperature, DO, EC, and turbidity.

• Monitoring Location RSW-007: selenium, pH, temperature, DO, EC, and turbidity.

Data and results shall be submitted annually by March 1.

5. Dry Season Discharge Requirements

When discharging treated quarry water, as necessary, during each dry season (May 1 through

October 31), the Discharger shall discharge at least 450 gallons per minute from the

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FTS-Upper (Discharge Point No. 001) before discharging any additional flow from the

FTS-Lower (Discharge Point No. 007).

6. Selenium in Fish Tissue Reasonable Potential Study

The Discharger shall submit a study plan and schedule to evaluate reasonable potential for

selenium using U.S. EPA’s proposed California fish tissue selenium criterion (fish tissue

criterion).1 The objectives of the study shall be as follows:

• Determine if the Discharger can collect sufficient representative fish tissue data from

Permanente Creek to evaluate reasonable potential using U.S. EPA’s proposed fish tissue

criterion;

• If the Discharger cannot collect such fish tissue data, determine if the Discharger can

collect and use an alternative form of data;

• Collect sufficient representative fish tissue data, or an alternative form of data if

necessary, from Permanente Creek to evaluate reasonable potential using U.S. EPA’s

proposed fish tissue criterion; and

• Recommend a reasonable potential finding based on the above with the application for

permit reissuance.

The study plan and schedule shall include the following:

a. By November 30, 2019, the Discharger shall submit a study plan and schedule for

implementation. The study plan shall provide for the following:

• Initial data-collection and evaluation;

• Interim report;

• Follow-up data collection and analysis; and

• Final report.

The study plan and schedule shall be acceptable to the Executive Officer, who will

confirm that the study plan meets these conditions and fulfills the objectives set forth

above.

b. Unless the Executive Officer objects to the study plan and proposes changes necessary to

meet the conditions in section VI.6.a., above, by December 30, 2019, the Discharger shall

begin implementing the study plan and schedule.

c. By the date set forth in the study plan and schedule, the Discharger shall submit an

interim report that:

i. Determines if the Discharger can collect sufficient representative fish tissue data from

Permanente Creek to evaluate reasonable potential for selenium to exceed the

proposed fish tissue criterion; and

ii. Provides a plan and schedule for collecting representative fish tissue data from

Permanente Creek and conducting a reasonable potential analysis, or, if such fish

tissue data are unavailable, for collecting an alternative form of data and conducting a

1 Water Quality Standards; Establishment of a Numeric Criterion for Selenium for the State of California, Fed. Reg. Vol. 83, No. 239,

December 13, 2018, pages 64059-64078

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reasonable potential analysis (e.g., using the U.S. EPA Mechanistic Modeling

Approach [U.S. EPA, August 8, 2018, Draft]).

Fish tissue monitoring shall conform to U.S. EPA guidance.2 The interim report and

schedule shall be acceptable to the Executive Officer, who will confirm that they meet

the conditions set forth in items i and ii above.

d. Unless the Executive Officer objects to the interim report and proposes changes

necessary to meet the conditions in section VI.6.c, above, by the date set forth in

the interim report and schedule, the Discharger shall begin implementing the

interim report plan and schedule.

e. With the Report of Waste Discharge required in Table 3 of this Order, the

Discharger shall provide a final report that includes the results of the sampling

effort, a recommended finding regarding reasonable potential, and all supporting

data and analysis.

Subsequent revisions to U.S. EPA criteria and guidance cited above shall be incorporated

into all data collection and analysis, and into the interim and final reports to the extent

possible.

2 Technical Support for Fish Tissue Monitoring for Implementation of EPA’s 2016 Selenium Criterion (U.S. EPA, EPA 820-F-16-007,

September 2016, Draft)

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Attachment A – Definitions A-1

ATTACHMENT A – DEFINITIONS

A

Arithmetic Mean (μ)

Also called the average, the sum of measured values divided by the number of samples. For ambient

water concentrations, the arithmetic mean is calculated as follows:

Arithmetic mean = μ = Σx / n where: Σx is the sum of the measured ambient water

concentrations, and n is the number of samples.

Average Monthly Effluent Limitation (AMEL)

The highest allowable average of daily discharges over a calendar month, calculated as the sum of all

daily discharges measured during a calendar month divided by the number of daily discharges measured

during that month.

Average Weekly Effluent Limitation (AWEL)

The highest allowable average of daily discharges over a calendar week (Sunday through Saturday),

calculated as the sum of all daily discharges measured during a calendar week divided by the number of

daily discharges measured during that week.

Bioaccumulative

Taken up by an organism from its surrounding medium through gill membranes, epithelial tissue, or

from food and subsequently concentrated and retained in the body of the organism.

Carcinogenic

Known to cause cancer in living organisms.

Coefficient of Variation

Measure of data variability calculated as the estimated standard deviation divided by the arithmetic

mean of the observed values.

Daily Discharge

Either: (1) the total mass of the constituent discharged over the calendar day (12:00 am through

11:59 pm) or any 24-hour period that reasonably represents a calendar day for purposes of sampling

(as specified in the permit) for a constituent with limitations expressed in units of mass; or (2) the

unweighted arithmetic mean measurement of the constituent over the day for a constituent with

limitations expressed in other units of measurement (e.g., concentration).

The daily discharge may be determined by the analytical results of a composite sample taken over the

course of one day (a calendar day or other 24-hour period defined as a day) or by the arithmetic mean of

analytical results from one or more grab samples taken over the course of the day.

For composite sampling, if 1 day is defined as a 24-hour period other than a calendar day, the analytical

result for the 24-hour period is considered the result for the calendar day in which the 24-hour period

ends.

Detected, but Not Quantified (DNQ)

Sample result less than the RL, but greater than or equal to the laboratory’s MDL. Sample results

reported as DNQ are estimated concentrations.

Dilution Credit

Amount of dilution granted to a discharge in the calculation of a water quality-based effluent limitation,

based on the allowance of a specified mixing zone. It is calculated from the dilution ratio or determined

by conducting a mixing zone study or modeling the discharge and receiving water.

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Attachment A – Definitions A-2

Effluent Concentration Allowance (ECA)

Value derived from the water quality criterion/objective, dilution credit, and ambient background

concentration that is used, in conjunction with the CV for the effluent monitoring data, to calculate a

long-term average (LTA) discharge concentration. The ECA has the same meaning as wasteload

allocation (WLA) as used in U.S. EPA guidance (Technical Support Document for Water Quality-based

Toxics Control, March 1991, second printing, EPA/505/2-90-001).

Enclosed Bay

Indentation along the coast that encloses an area of oceanic water within a distinct headlands or harbor

works. Enclosed bays include all bays where the narrowest distance between the headlands or outermost

harbor works is less than 75 percent of the greatest dimension of the enclosed portion of the bay.

Enclosed bays include, but are not limited to, Humboldt Bay, Bodega Harbor, Tomales Bay, Drake’s

Estero, San Francisco Bay, Morro Bay, Los Angeles-Long Beach Harbor, Upper and Lower Newport

Bay, Mission Bay, and San Diego Bay. Enclosed bays do not include inland surface waters or ocean

waters.

Estimated Chemical Concentration

Concentration that results from the confirmed detection of the substance below the ML value by the

analytical method.

Estuaries

Waters, including coastal lagoons, located at the mouths of streams that serve as areas of mixing for

fresh and ocean waters. Coastal lagoons and mouths of streams that are temporarily separated from the

ocean by sandbars are considered estuaries. Estuarine waters are considered to extend from a bay or the

open ocean to a point upstream where there is no significant mixing of fresh water and seawater.

Estuarine waters include, but are not limited to, the Sacramento-San Joaquin Delta, as defined in Water

Code section 12220, Suisun Bay, Carquinez Strait downstream to the Carquinez Bridge, and appropriate

areas of the Smith, Mad, Eel, Noyo, Russian, Klamath, San Diego, and Otay rivers. Estuaries do not

include inland surface waters or ocean waters.

Inland Surface Waters

All surface waters of the state that do not include the ocean, enclosed bays, or estuaries.

Instantaneous Maximum Effluent Limitation

Highest allowable value for any single grab sample or aliquot (i.e., each grab sample or aliquot is

independently compared to the instantaneous maximum limitation).

Instantaneous Minimum Effluent Limitation

Lowest allowable value for any single grab sample or aliquot (i.e., each grab sample or aliquot is

independently compared to the instantaneous minimum limitation).

Maximum Daily Effluent Limitation (MDEL)

Highest allowable daily discharge of a pollutant, over a calendar day (or 24-hour period). For pollutants

with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the

pollutant discharged over the day. For pollutants with limitations expressed in other units of

measurement, the daily discharge is calculated as the arithmetic mean measurement of the pollutant over

the day.

Median

Middle measurement in a set of data. The median of a set of data is found by first arranging the

measurements in order of magnitude (either increasing or decreasing order). If the number of

measurements (n) is odd, then the median = X(n+1)/2. If n is even, then the median = (Xn/2 + X(n/2)+1)/2

(i.e., the midpoint between n/2 and n/2+1).

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Attachment A – Definitions A-3

Method Detection Limit (MDL)

Minimum concentration of a substance that can be reported with 99 percent confidence that the

measured concentration is distinguishable from method blank results, as defined in in 40 C.F.R.

part 136, Appendix B.

Minimum Level (ML)

Concentration at which the entire analytical system gives a recognizable signal and acceptable

calibration point. The ML is the concentration in a sample that is equivalent to the concentration of the

lowest calibration standard analyzed by a specific analytical procedure, assuming that all the method

specified sample weights, volumes, and processing steps have been followed.

Mixing Zone

Limited volume of receiving water allocated for mixing with a wastewater discharge where water

quality criteria can be exceeded without causing adverse effects to the overall water body.

Not Detected (ND)

Sample results less than the laboratory’s MDL.

Persistent Pollutants

Substances for which degradation or decomposition in the environment is nonexistent or very slow.

Pollutant Minimization Program

Program of waste minimization and pollution prevention actions that include, but are not limited to,

product substitution, waste stream recycling, alternative waste management methods, and education of

the public and businesses. The goal of the Pollutant Minimization Program is to reduce all potential

sources of a priority pollutant through pollutant minimization (control) strategies, including pollution

prevention measures as appropriate, to maintain the effluent concentration at or below the water qualitybased

effluent limitation. Pollution prevention measures may be particularly appropriate for persistent

bioaccumulative priority pollutants where there is evidence that beneficial uses are being impacted. Cost

effectiveness may be considered when establishing the requirements of a Pollutant Minimization

Program. The completion and implementation of a Pollution Prevention Plan, if required pursuant to

Water Code section 13263.3(d), is considered to fulfill Pollutant Minimization Program requirements.

Pollution Prevention

Any action that causes a net reduction in the use or generation of a hazardous substance or other

pollutant that is discharged into water and includes, but is not limited to, input change, operational

improvement, production process change, and product reformulation (as defined in Water Code section

13263.3). Pollution prevention does not include actions that merely shift a pollutant in wastewater from

one environmental medium to another environmental medium, unless clear environmental benefits of

such an approach are identified to the satisfaction of the State Water Board or Regional Water Board.

Reporting Level (RL)

ML (and its associated analytical method) chosen by the Discharger for reporting and compliance

determination from the MLs included in this Order, including an additional factor if applicable as

discussed herein. The MLs included in this Order correspond to approved analytical methods for

reporting a sample result that are selected by the Regional Water Board either from SIP Appendix 4 in

accordance with SIP section 2.4.2 or established in accordance with SIP section 2.4.3. The ML is based

on the proper application of method-based analytical procedures for sample preparation and the absence

of any matrix interferences. Other factors may be applied to the ML depending on the specific sample

preparation steps employed. For example, the treatment typically applied in cases where there are

matrix-effects is to dilute the sample or sample aliquot by a factor of ten. In such cases, this additional

factor must be applied to the ML in the computation of the RL.

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Attachment A – Definitions A-4

Source of Drinking Water

Any water designated as having a municipal or domestic supply (MUN) beneficial use.

Standard Deviation (σ)

Measure of variability calculated as follows:

where:

x is the observed value;

μ is the arithmetic mean of the observed values; and

n is the number of samples.

Toxicity Reduction Evaluation (TRE)

Study conducted in a step-wise process designed to identify the causative agents of effluent or ambient

toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and then

confirm the reduction in toxicity. The first steps of the TRE consist of the collection of data relevant to

the toxicity, including additional toxicity testing, and an evaluation of facility operations and

maintenance practices, and best management practices. A Toxicity Identification Evaluation (TIE) may

be required as part of the TRE, if appropriate. A TIE is a set of procedures to identify the specific

chemicals responsible for toxicity. These procedures are performed in three phases (characterization,

identification, and confirmation) using aquatic organism toxicity tests.

σ = (Σ[(x - μ)2]/(n – 1))0.5

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Attachment B–Facility Maps B-1

B

ATTACHMENT B – FACILITY MAPS

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Attachment B–Facility Maps B-2

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Attachment C–Process Flow Diagram C-1

C

ATTACHMENT C – PROCESS FLOW DIAGRAM

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Attachment D – Standard Provisions D-1

ATTACHMENT D –STANDARD PROVISIONS

D D

I. STANDARD PROVISIONS—PERMIT COMPLIANCE

A. Duty to Comply

1. The Discharger must comply with all of the terms, requirements, and conditions of this

Order. Any noncompliance constitutes a violation of the Clean Water Act (CWA) and the

California Water Code and is grounds for enforcement action; for permit termination,

revocation and reissuance, or modification; or denial of a permit renewal application; or a

combination thereof. (40 C.F.R. § 122.41(a); Wat. Code §§ 13261, 13263, 13265, 13268,

13000, 13001, 13304, 13350, 13385.)

2. The Discharger shall comply with effluent standards or prohibitions established under CWA

section 307(a) for toxic pollutants within the time provided in the regulations that establish

these standards or prohibitions, even if this Order has not yet been modified to incorporate

the requirement. (40 C.F.R. § 122.41(a)(1).)

B. Need to Halt or Reduce Activity Not a Defense

It shall not be a defense for a Discharger in an enforcement action that it would have been necessary

to halt or reduce the permitted activity in order to maintain compliance with the conditions of this

Order. (40 C.F.R. § 122.41(c).)

C. Duty to Mitigate

The Discharger shall take all reasonable steps to minimize or prevent any discharge in violation of

this Order that has a reasonable likelihood of adversely affecting human health or the environment.

(40 C.F.R. § 122.41(d).)

D. Proper Operation and Maintenance

The Discharger shall at all times properly operate and maintain all facilities and systems of

treatment and control (and related appurtenances) which are installed or used by the Discharger to

achieve compliance with the conditions of this Order. Proper operation and maintenance also

includes adequate laboratory controls and appropriate quality assurance procedures. This provision

requires the operation of backup or auxiliary facilities or similar systems that are installed by a

Discharger only when necessary to achieve compliance with the conditions of this Order. (40 C.F.R.

§ 122.41(e).)

E. Property Rights

1. This Order does not convey any property rights of any sort or any exclusive privileges.

(40 C.F.R. § 122.41(g).)

2. The issuance of this Order does not authorize any injury to persons or property or invasion of

other private rights, or any infringement of state or local law or regulations. (40 C.F.R.

§ 122.5(c).)

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Attachment D – Standard Provisions D-2

F. Inspection and Entry

The Discharger shall allow the Regional Water Board, State Water Board, U.S. EPA, or their

authorized representatives (including an authorized contractor acting as their representative), upon

the presentation of credentials and other documents, as may be required by law, to (33 U.S.C.

§ 1318(a)(4)(B); 40 C.F.R. § 122.41(i); Wat. Code, §§ 13267, 13383):

1. Enter upon the Discharger's premises where a regulated facility or activity is located or

conducted, or where records are kept under the conditions of this Order (33 U.S.C.

§ 1318(a)(4)(B)(i); 40 C.F.R. § 122.41(i)(1); Wat. Code, §§ 13267, 13383);

2. Have access to and copy, at reasonable times, any records that must be kept under the

conditions of this Order (33 U.S.C. § 1318(a)(4)(B)(ii); 40 C.F.R. § 122.41(i)(2); Wat. Code,

§§ 13267, 13383);

3. Inspect and photograph, at reasonable times, any facilities, equipment (including monitoring

and control equipment), practices, or operations regulated or required under this Order

(33 U.S.C. § 1318(a)(4)(B)(ii); 40 C.F.R. § 122.41(i)(3); Wat. Code, §§ 13267, 13383); and

4. Sample or monitor, at reasonable times, for the purposes of assuring Order compliance or as

otherwise authorized by the CWA or the Water Code, any substances or parameters at any

location. (33 U.S.C. § 1318(a)(4)(B); 40 C.F.R. § 122.41(i)(4); Wat. Code, §§

13267, 13383.)

G. Bypass

1. Definitions

a. “Bypass” means the intentional diversion of waste streams from any portion of a

treatment facility. (40 C.F.R. § 122.41(m)(1)(i).)

b. “Severe property damage” means substantial physical damage to property, damage to the

treatment facilities, which causes them to become inoperable, or substantial and

permanent loss of natural resources that can reasonably be expected to occur in the

absence of a bypass. Severe property damage does not mean economic loss caused by

delays in production. (40 C.F.R. § 122.41(m)(1)(ii).)

2. Bypass not exceeding limitations. The Discharger may allow any bypass to occur which

does not cause exceedances of effluent limitations, but only if it is for essential maintenance

to assure efficient operation. These bypasses are not subject to the provisions listed in

Standard Provisions – Permit Compliance I.G.3, I.G.4, and I.G.5 below. (40 C.F.R.

§ 122.41(m)(2).)

3. Prohibition of bypass. Bypass is prohibited, and the Regional Water Board may take

enforcement action against a Discharger for bypass, unless (40 C.F.R. § 122.41(m)(4)(i)):

a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property

damage (40 C.F.R. § 122.41(m)(4)(i)(A));

b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment

facilities, retention of untreated wastes, or maintenance during normal periods of

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Attachment D – Standard Provisions D-3

equipment downtime. This condition is not satisfied if adequate back-up equipment

should have been installed in the exercise of reasonable engineering judgment to prevent

a bypass that occurred during normal periods of equipment downtime or preventive

maintenance (40 C.F.R. § 122.41(m)(4)(i)(B)); and

c. The Discharger submitted notice to the Regional Water Board as required under Standard

Provisions – Permit Compliance I.G.5 below. (40 C.F.R. § 122.41(m)(4)(i)(C).)

4. Approval. The Regional Water Board may approve an anticipated bypass, after considering

its adverse effects, if the Regional Water Board determines that it will meet the three

conditions listed in Standard Provisions—Permit Compliance I.G.3 above. (40 C.F.R.

§ 122.41(m)(4)(ii).)

5. Notice

a. Anticipated bypass. If the Discharger knows in advance of the need for a bypass, it shall

submit prior notice, if possible at least 10 days before the date of the bypass. The notice

shall be sent to the Regional Water Board. As of December 21, 2020, a notice shall also

be submitted electronically to the initial recipient defined in Standard Provisions –

Reporting V.J below. Notices shall comply with 40 C.F.R. part 3, 40 C.F.R. section

122.22, and 40 C.F.R. part 127. (40 C.F.R. § 122.41(m)(3)(i).)

b. Unanticipated bypass. The Discharger shall submit a notice of an unanticipated bypass

as required in Standard Provisions - Reporting V.E below (24-hour notice). The notice

shall be sent to the Regional Water Board. As of December 21, 2020, a notice shall also

be submitted electronically to the initial recipient defined in Standard Provisions –

Reporting V.J below. Notices shall comply with 40 C.F.R. part 3, 40 C.F.R. section

122.22, and 40 C.F.R. part 127. (40 C.F.R. § 122.41(m)(3)(ii).)

H. Upset

Upset means an exceptional incident in which there is unintentional and temporary noncompliance

with technology based permit effluent limitations because of factors beyond the reasonable control

of the Discharger. An upset does not include noncompliance to the extent caused by operational

error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive

maintenance, or careless or improper operation. (40 C.F.R. § 122.41(n)(1).)

1. Effect of an upset. An upset constitutes an affirmative defense to an action brought for

noncompliance with such technology based permit effluent limitations if the requirements of

Standard Provisions – Permit Compliance I.H.2 below are met. No determination made

during administrative review of claims that noncompliance was caused by upset, and before

an action for noncompliance, is final administrative action subject to judicial review.

(40 C.F.R. § 122.41(n)(2).)

2. Conditions necessary for a demonstration of upset. A discharger who wishes to establish

the affirmative defense of upset shall demonstrate, through properly signed,

contemporaneous operating logs or other relevant evidence that (40 C.F.R. § 122.41(n)(3)):

a. An upset occurred and that the Discharger can identify the cause(s) of the upset

(40 C.F.R. § 122.41(n)(3)(i));

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b. The permitted facility was, at the time, being properly operated (40 C.F.R.

§ 122.41(n)(3)(ii));

c. The Discharger submitted notice of the upset as required in Standard Provisions—

Reporting V.E.2.b below (24-hour notice) (40 C.F.R. § 122.41(n)(3)(iii)); and

d. The Discharger complied with any remedial measures required under Standard

Provisions—Permit Compliance I.C above. (40 C.F.R. § 122.41(n)(3)(iv).)

3. Burden of proof. In any enforcement proceeding, the Discharger seeking to establish the

occurrence of an upset has the burden of proof. (40 C.F.R. § 122.41(n)(4).)

II. STANDARD PROVISIONS—PERMIT ACTION

A. General

This Order may be modified, revoked and reissued, or terminated for cause. The filing of a request

by the Discharger for modification, revocation and reissuance, or termination, or a notification of

planned changes or anticipated noncompliance does not stay any Order condition. (40 C.F.R.

§ 122.41(f).)

B. Duty to Reapply

If the Discharger wishes to continue an activity regulated by this Order after the expiration date of

this Order, the Discharger must apply for and obtain a new permit. (40 C.F.R. § 122.41(b).)

C. Transfers

This Order is not transferable to any person except after notice to the Regional Water Board. The

Regional Water Board may require modification or revocation and reissuance of this Order to

change the name of the Discharger and incorporate such other requirements as may be necessary

under the CWA and the Water Code. (40 C.F.R. §§ 122.41(l)(3), 122.61.)

III.STANDARD PROVISIONS—MONITORING

A. Samples and measurements taken for the purpose of monitoring shall be representative of the

monitored activity. (40 C.F.R. § 122.41(j)(1).)

B. Monitoring must be conducted according to test procedures approved under 40 C.F.R. part 136

for the analyses of pollutants unless another method is required under 40 C.F.R. chapter 1,

subchapter N. Monitoring must be conducted according to sufficiently sensitive test methods

approved under 40 C.F.R. part 136 for the analysis of pollutants or pollutant parameters or

required under 40 C.F.R. chapter 1, subchapter N. For the purposes of this paragraph, a method

is sufficiently sensitive when:

1. The method minimum level (ML) is at or below the level of the effluent limitation

established in the permit for the measured pollutant or pollutant parameter, and either (a) the

method ML is at or below the level of the applicable water quality criterion for the measured

pollutant or pollutant parameter, or (b) the method ML is above the applicable water quality

criterion but the amount of the pollutant or pollutant parameter in a facility’s discharge is

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Attachment D – Standard Provisions D-5

high enough that the method detects and quantifies the level of the pollutant or pollutant

parameter in the discharge; or

2. The method has the lowest ML of the analytical methods approved under 40 C.F.R. part 136

or required under 40 C.F.R. chapter 1, subchapter N, for the measured pollutant or pollutant

parameter.

In the case of pollutants or pollutant parameters for which there are no approved methods under

40 C.F.R. part 136 or otherwise required under 40 C.F.R. chapter 1, subchapter N, monitoring

must be conducted according to a test procedure specified in this Order for such pollutants or

pollutant parameters. (40 C.F.R. §§ 122.21(e)(3), 122.41(j)(4), 122.44(i)(1)(iv).)

IV. STANDARD PROVISIONS—RECORDS

A. The Discharger shall retain records of all monitoring information, including all calibration and

maintenance records and all original strip chart recordings for continuous monitoring

instrumentation, copies of all reports required by this Order, and records of all data used to complete

the application for this Order, for a period of at least three (3) years from the date of the sample,

measurement, report or application. This period may be extended by request of the Regional Water

Board Executive Officer at any time. (40 C.F.R. § 122.41(j)(2).)

B. Records of monitoring information shall include the following:

1. The date, exact place, and time of sampling or measurements (40 C.F.R. § 122.41(j)(3)(i));

2. The individual(s) who performed the sampling or measurements (40 C.F.R.

§ 122.41(j)(3)(ii));

3. The date(s) the analyses were performed (40 C.F.R. § 122.41(j)(3)(iii));

4. The individual(s) who performed the analyses (40 C.F.R. § 122.41(j)(3)(iv));

5. The analytical techniques or methods used (40 C.F.R. § 122.41(j)(3)(v)); and

6. The results of such analyses. (40 C.F.R. § 122.41(j)(3)(vi).)

C. Claims of confidentiality for the following information will be denied (40 C.F.R. § 122.7(b)):

1. The name and address of any permit applicant or Discharger (40 C.F.R. § 122.7(b)(1)); and

2. Permit applications and attachments, permits, and effluent data. (40 C.F.R. § 122.7(b)(2).)

V. STANDARD PROVISIONS—REPORTING

A. Duty to Provide Information

The Discharger shall furnish to the Regional Water Board, State Water Board, or U.S. EPA within a

reasonable time, any information which the Regional Water Board, State Water Board, or U.S. EPA

may request to determine whether cause exists for modifying, revoking and reissuing, or

terminating this Order or to determine compliance with this Order. Upon request, the Discharger

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Attachment D – Standard Provisions D-6

shall also furnish to the Regional Water Board, State Water Board, or U.S. EPA copies of records

required to be kept by this Order. (40 C.F.R. § 122.41(h); Wat. Code, §§ 13267, 13383.)

B. Signatory and Certification Requirements

1. All applications, reports, or information submitted to the Regional Water Board, State Water

Board, and/or U.S. EPA shall be signed and certified in accordance with Standard

Provisions—Reporting V.B.2, V.B.3, V.B.4, V.B.5, and V.B.6 below. (40 C.F.R.

§ 122.41(k).)

2. For a corporation, all permit applications shall be signed by a responsible corporate officer.

For the purpose of this section, a responsible corporate officer means: (i) a president,

secretary, treasurer, or vice-president of the corporation in charge of a principal business

function, or any other person who performs similar policy- or decision-making functions for

the corporation, or (ii) the manager of one or more manufacturing, production, or operating

facilities, provided, the manager is authorized to make management decisions which govern

the operation of the regulated facility including having the explicit or implicit duty of making

major capital investment recommendations, and initiating and directing other comprehensive

measures to assure long term environmental compliance with environmental laws and

regulations; the manager can ensure that the necessary systems are established or actions

taken to gather complete and accurate information for permit application requirements; and

where authority to sign documents has been assigned or delegated to the manager in

accordance with corporate procedures. (40 C.F.R. § 122.22(a)(1).)

For a partnership or sole proprietorship, all permit applications shall be signed by a general

partner or the proprietor, respectively. (40 C.F.R. § 122.22(a)(2).)

For a municipality, State, federal, or other public agency, all permit applications shall be

signed by either a principal executive officer or ranking elected official. For purposes of this

provision, a principal executive officer of a federal agency includes (i) the chief executive

officer of the agency, or (ii) a senior executive officer having responsibility for the overall

operations of a principal geographic unit of the agency (e.g., Regional Administrators of

U.S. EPA). (40 C.F.R. § 122.22(a)(3).).

3. All reports required by this Order and other information requested by the Regional Water

Board, State Water Board, or U.S. EPA shall be signed by a person described in Standard

Provisions – Reporting V.B.2 above, or by a duly authorized representative of that person.

A person is a duly authorized representative only if:

a. The authorization is made in writing by a person described in Standard Provisions—

Reporting V.B.2 above (40 C.F.R. § 122.22(b)(1));

b. The authorization specifies either an individual or a position having responsibility for the

overall operation of the regulated facility or activity such as the position of plant

manager, operator of a well or a well field, superintendent, position of equivalent

responsibility, or an individual or position having overall responsibility for environmental

matters for the company. (A duly authorized representative may thus be either a named

individual or any individual occupying a named position.) (40 C.F.R. § 122.22(b)(2));

and

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Attachment D – Standard Provisions D-7

c. The written authorization is submitted to the Regional Water Board and State Water

Board. (40 C.F.R. § 122.22(b)(3).)

4. If an authorization under Standard Provisions – Reporting V.B.3 above is no longer accurate

because a different individual or position has responsibility for the overall operation of the

facility, a new authorization satisfying the requirements of Standard Provisions—Reporting

V.B.3 above must be submitted to the Regional Water Board and State Water Board prior to

or together with any reports, information, or applications, to be signed by an authorized

representative. (40 C.F.R. § 122.22(c).)

5. Any person signing a document under Standard Provisions—Reporting V.B.2 or V.B.3

above shall make the following certification:

“I certify under penalty of law that this document and all attachments were

prepared under my direction or supervision in accordance with a system

designed to assure that qualified personnel properly gather and evaluate the

information submitted. Based on my inquiry of the person or persons who

manage the system or those persons directly responsible for gathering the

information, the information submitted is, to the best of my knowledge and

belief, true, accurate, and complete. I am aware that there are significant

penalties for submitting false information, including the possibility of fine and

imprisonment for knowing violations.” (40 C.F.R. § 122.22(d).)

6. Any person providing the electronic signature for documents described in Standard

Provisions – V.B.1, V.B.2, or V.B.3 that are submitted electronically shall meet all relevant

requirements of Standard Provisions – Reporting V.B, and shall ensure that all relevant

requirements of 40 C.F.R. part 3 (Cross-Media Electronic Reporting) and 40 C.F.R. part 127

(NPDES Electronic Reporting Requirements) are met for that submission. (40 C.F.R §

122.22(e).)

C. Monitoring Reports

1. Monitoring results shall be reported at the intervals specified in the Monitoring and

Reporting Program in this Order. (40 C.F.R. § 122.22(l)(4).)

2. Monitoring results must be reported on a Discharge Monitoring Report (DMR) form or forms

provided or specified by the Regional Water Board or State Water Board. As of

December 21, 2016, all reports and forms must be submitted electronically to the initial

recipient defined in Standard Provisions – Reporting V.J and comply with 40 C.F.R. part 3,

40 C.F.R. section 122.22, and 40 C.F.R. part 127. (40 C.F.R. § 122.41(l)(4)(i).)

3. If the Discharger monitors any pollutant more frequently than required by this Order using

test procedures approved under 40 C.F.R. part 136, or another method required for an

industry-specific waste stream under 40 C.F.R. chapter 1, subchapter N, the results of such

monitoring shall be included in the calculation and reporting of the data submitted in the

DMR reporting form specified by the Regional Water Board or State Water Board. (40

C.F.R. § 122.41(l)(4)(ii).)

4. Calculations for all limitations, which require averaging of measurements, shall utilize an

arithmetic mean unless otherwise specified in this Order. (40 C.F.R. § 122.41(l)(4)(iii).)

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Attachment D – Standard Provisions D-8

D. Compliance Schedules

Reports of compliance or noncompliance with, or any progress reports on, interim and final

requirements contained in any compliance schedule of this Order, shall be submitted no later than

14 days following each schedule date. (40 C.F.R. § 122.41(l)(5).)

E. Twenty-Four Hour Reporting

1. The Discharger shall report any noncompliance that may endanger health or the environment.

Any information shall be provided orally within 24 hours from the time the Discharger

becomes aware of the circumstances. A written report shall also be provided within five (5)

days of the time the Discharger becomes aware of the circumstances. The report shall contain

a description of the noncompliance and its cause; the period of noncompliance, including

exact dates and times, and if the noncompliance has not been corrected, the anticipated time

it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent

reoccurrence of the noncompliance.

For noncompliance related to combined sewer overflows, sanitary sewer overflows, or

bypass events, these reports must include the data described above (with the exception of

time of discovery) as well as the type of event (i.e., combined sewer overflow, sanitary sewer

overflow, or bypass event), type of overflow structure (e.g., manhole, combined sewer

overflow outfall), discharge volume untreated by the treatment works treating domestic

sewage, types of human health and environmental impacts of the event, and whether the

noncompliance was related to wet weather.

As of December 21, 2020, all reports related to combined sewer overflows, sanitary sewer

overflows, or bypass events must be submitted to the Regional Water Board and must be

submitted electronically to the initial recipient defined in Standard Provisions – Reporting

V.J. The reports shall comply with 40 C.F.R. part 3, 40 C.F.R. section 122.22, and 40 C.F.R.

part 127. The Regional Water Board may also require the Discharger to electronically submit

reports not related to combined sewer overflows, sanitary sewer overflows, or bypass events

under this section. (40 C.F.R. § 122.41(l)(6)(i).)

2. The following shall be included as information that must be reported within 24 hours:

a. Any unanticipated bypass that exceeds any effluent limitation in this Order. (40 C.F.R.

§ 122.41(l)(6)(ii)(A).)

b. Any upset that exceeds any effluent limitation in this Order. (40 C.F.R.

§ 122.41(l)(6)(ii)(B).)

3. The Regional Water Board may waive the above-required written report under this provision

on a case-by-case basis if an oral report has been received within 24 hours. (40 C.F.R.

§ 122.41(l)(6)(iii).)

F. Planned Changes

The Discharger shall give notice to the Regional Water Board as soon as possible of any planned

physical alterations or additions to the permitted facility. Notice is required under this provision

only when (40 C.F.R. § 122.41(l)(1)):

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Attachment D – Standard Provisions D-9

1. The alteration or addition to a permitted facility may meet one of the criteria for determining

whether a facility is a new source in 40 C.F.R. section 122.29(b) (40 C.F.R.

§ 122.41(l)(1)(i)); or

2. The alteration or addition could significantly change the nature or increase the quantity of

pollutants discharged. This notification applies to pollutants that are not subject to effluent

limitations in this Order. (Alternatively, for an existing manufacturing, commercial, mining,

or silvicultural discharge as referenced in 40 C.F.R. section 122.42(a), this notification

applies to pollutants that are subject neither to effluent limitations in this Order nor to

notification requirements under 40 C.F.R. section 122.42(a)(1) (see Additional Provisions—

Notification Levels VII.A.1).) (40 C.F.R. § 122.41(l)(1)(ii).)

G. Anticipated Noncompliance

The Discharger shall give advance notice to the Regional Water Board or State Water Board of any

planned changes in the permitted facility or activity that may result in noncompliance with this

Order’s requirements. (40 C.F.R. § 122.41(l)(2).)

H. Other Noncompliance

The Discharger shall report all instances of noncompliance not reported under Standard

Provisions—Reporting V.C, V.D, and V.E above at the time monitoring reports are submitted. The

reports shall contain the information listed in Standard Provisions—Reporting V.E above. For

noncompliance related to combined sewer overflows, sanitary sewer overflows, or bypass events,

these reports shall contain the information described in Standard Provision – Reporting V.E and the

applicable required data in appendix A to 40 C.F.R. part 127. The Regional Water Board may also

require the Discharger to electronically submit reports not related to combined sewer overflows,

sanitary sewer overflows, or bypass events under this section. (40 C.F.R. § 122.41(l)(7).)

I. Other Information

When the Discharger becomes aware that it failed to submit any relevant facts in a permit

application, or submitted incorrect information in a permit application or in any report to the

Regional Water Board, State Water Board, or U.S. EPA, the Discharger shall promptly submit such

facts or information. (40 C.F.R. § 122.41(l)(8).)

J. Initial Recipient for Electronic Reporting Data

The owner, operator, or duly authorized representative is required to electronically submit NPDES

information specified in appendix A to 40 C.F.R. part 127 to the initial recipient defined in

40 C.F.R. section 127.2(b). U.S. EPA will identify and publish the list of initial recipients on its

website and in the Federal Register, by state and by NPDES data group [see 40 C.F.R. § 127.2(c)].

U.S. EPA will update and maintain this list. (40 C.F.R. § 122.41(l)(9).)

VI. STANDARD PROVISIONS—ENFORCEMENT

A. The Regional Water Board is authorized to enforce the terms of this Order under several provisions

of the Water Code, including, but not limited to, sections 13268, 13350, 13385, 13386, and 13387.

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Attachment D – Standard Provisions D-10

VII. ADDITIONAL PROVISIONS—NOTIFICATION LEVELS

A. Non-Municipal Facilities

Existing manufacturing, commercial, mining, and silvicultural dischargers shall notify the Regional

Water Board as soon as they know or have reason to believe (40 C.F.R. § 122.42(a)):

1. That any activity has occurred or will occur that would result in the discharge, on a routine or

frequent basis, of any toxic pollutant that is not limited in this Order, if that discharge will

exceed the highest of the following “notification levels” (40 C.F.R. § 122.42(a)(1)):

a. 100 micrograms per liter (μg/L) (40 C.F.R. § 122.42(a)(1)(i));

b. 200 μg/L for acrolein and acrylonitrile; 500 μg/L for 2,4-dinitrophenol and

2-methyl-4,6-dinitrophenol; and 1 milligram per liter (mg/L) for antimony (40 C.F.R.

§ 122.42(a)(1)(ii));

c. Five (5) times the maximum concentration value reported for that pollutant in the Report

of Waste Discharge (40 C.F.R. § 122.42(a)(1)(iii)); or

d. The level established by the Regional Water Board in accordance with section 40 C.F.R.

122.44(f). (40 C.F.R. § 122.42(a)(1)(iv).)

2. That any activity has occurred or will occur that would result in the discharge, on a nonroutine

or infrequent basis, of any toxic pollutant that is not limited in this Order, if that

discharge will exceed the highest of the following “notification levels” (40 C.F.R.

§ 122.42(a)(2)):

a. 500 micrograms per liter (μg/L) (40 C.F.R. § 122.42(a)(2)(i));

b. 1 milligram per liter (mg/L) for antimony (40 C.F.R. § 122.42(a)(2)(ii));

c. Ten (10) times the maximum concentration value reported for that pollutant in the Report

of Waste Discharge (40 C.F.R. § 122.42(a)(2)(iii)); or

d. The level established by the Regional Water Board in accordance with 40 C.F.R. section

122.44(f). (40 C.F.R. § 122.42(a)(2)(iv).)

B. Publicly-Owned Treatment Works (POTWs)

All POTWs shall provide adequate notice to the Regional Water Board of the following (40 C.F.R.

§ 122.42(b)):

1. Any new introduction of pollutants into the POTW from an indirect discharger that would be

subject to CWA sections 301 or 306 if it were directly discharging those pollutants

(40 C.F.R. § 122.42(b)(1)); and

2. Any substantial change in the volume or character of pollutants being introduced into that

POTW by a source introducing pollutants into the POTW at the time of adoption of this

Order. (40 C.F.R. § 122.42(b)(2).)

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3. Adequate notice shall include information on the quality and quantity of effluent introduced

into the POTW as well as any anticipated impact of the change on the quantity or quality of

effluent to be discharged from the POTW. (40 C.F.R. § 122.42(b)(3).)

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Attachment E – MRP E-1

E

ATTACHMENT E – MONITORING AND REPORTING PROGRAM (MRP)

Contents

I. General Monitoring Provisions.......................................................................................................E-2

II. Monitoring Locations......................................................................................................................E-3

III. Effluent Monitoring Requirements .................................................................................................E-4

IV. Receiving Water Monitoring Requirements ...................................................................................E-6

A. Monitoring Locations RSW-001 and RSW-001A ..................................................................E-6

B. Monitoring Location RSW-002...............................................................................................E-7

C. Monitoring Location RSW-004...............................................................................................E-8

D. Monitoring Locations RSW-005 through RSW-007...............................................................E-9

V. Toxicity Testing Requirements.....................................................................................................E-10

A. Monitoring Locations EFF-001 and EFF-007.......................................................................E-10

1. Acute Toxicity.................................................................................................................E-10

2. Chronic Toxicity..............................................................................................................E-11

B. Monitoring Locations RSW-001, RSW-004, and RSW-005 ................................................E-14

1. Monitoring Requirements................................................................................................E-14

2. Reporting Requirements..................................................................................................E-14

3. Toxicity Reduction Evaluation (TRE) ............................................................................E-15

VI. Reporting Requirements ...............................................................................................................E-16

A. General Monitoring and Reporting Requirements ................................................................E-16

B. Self-Monitoring Reports (SMRs)..........................................................................................E-16

C. Discharge Monitoring Reports (DMRs)................................................................................E-19

Tables

Table E-1. Monitoring Locations.............................................................................................................E-3

Table E-2. Effluent Monitoring—Monitoring Locations EFF-001 and EFF-007 ...................................E-4

Table E-3. Effluent Monitoring—Monitoring Locations EFF-002 and EFF-004 through EFF-006 ......E-5

Table E-4. Receiving Water Monitoring - Monitoring Locations RSW-001 and RSW-001A ...............E-6

Table E-5. Receiving Water Monitoring—Monitoring Location RSW-002...........................................E-8

Table E-6. Receiving Water Monitoring—Monitoring Location RSW-004...........................................E-8

Table E-7. Receiving Water Monitoring—Monitoring Locations RSW-005 through RSW-007 ...........E-9

Table E-8. CIWQS Reporting................................................................................................................E-17

Table E-9. Monitoring Periods ..............................................................................................................E-17

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Attachment E – MRP E-2

ATTACHMENT E – MONITORING AND REPORTING PROGRAM (MRP)

Clean Water Act 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. This MRP establishes monitoring, reporting, and

recordkeeping requirements that implement federal and State laws and regulations.

I. GENERAL MONITORING PROVISIONS

A. The Discharger shall comply with this MRP. The Executive Officer may amend this MRP

pursuant to 40 C.F.R. sections 122.62, 122.63, and 124.5. If any discrepancies exist between this

MRP and the Regional Standard Provisions, and Monitoring and Reporting Requirements

(Supplement to Attachment D) for NPDES Wastewater Discharge Permits (Attachment G) or

Stormwater Provisions, Monitoring, and Reporting Requirements (Attachment S), this MRP

shall prevail.

B. The Discharger shall conduct all monitoring in accordance with Attachment D, section III, as

supplemented by Attachment G. Equivalent test methods must be more sensitive than those

specified in 40 C.F.R. section 136 and must be specified in this permit.

C. The Discharger shall ensure that results of the Discharge Monitoring Report-Quality Assurance

(DMR-QA) Study or most recent Water Pollution Performance Evaluation Study are submitted

annually to the State Water Board at the following address:

State Water Resources Control Board

Quality Assurance Program Officer

Office of Information Management and Analysis

1001 I Street, Sacramento, CA 95814

D. The Discharger shall implement a Quality Assurance-Quality Control Program for any onsite

field tests (e.g., turbidity, pH, temperature, dissolved oxygen, conductivity, disinfectant residual)

analyzed by a noncertified laboratory. The Discharger shall keep a manual onsite containing the

steps followed in this program and must demonstrate sufficient capability to adequately perform

these field tests (e.g., qualified and trained employees, properly calibrated and maintained field

instruments). The program shall conform to U.S. EPA guidelines or other approved procedures.

E. For parameters reported to the California Environmental Data Exchange Network (CEDEN),

monitoring data must be Surface Water Ambient Monitoring Program (SWAMP) comparable.

Minimum data quality shall be consistent with the latest version of the SWAMP Quality

Assurance Program Plan (QAPP), currently the 2017 version (SWAMP, May 2017), for

applicable parameters, including data quality objectives; field and laboratory blanks; field

duplicates; laboratory spikes; and clean techniques using the most recent SWAMP Standard

Operating Procedures. To achieve SWAMP comparable and acceptable data quality, monitoring

under this Order shall be consistent with the “Regulation” intended data use of the SWAMP

QAPP (SWAMP, May 2017, page 54). The data shall be collected under this Order’s terms,

conditions, and requirements. All laboratories performing analytical work are required to be

NELAP or ELAP certified. In addition, methods shall be compliant with 40 C.F.R. 136 where

applicable. At a minimum, method minimum quality control samples and acceptance criteria

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-3

specified in the following SWAMP Measurement Quality Objectives apply to monitoring

conducted under this Order:

• Conventional Parameters in Fresh and Marine Water (SWAMP, 2013)

• Field Measurements in Fresh and Marine Water (SWAMP, 2013),

• Inorganic Analytes in Fresh and Marine Water (SWAMP, 2013), and

• Chronic Freshwater Toxicity Testing (SWAMP, August 22, 2018).

SWAMP documents on the above topics can be found at the SWAMP – Quality Assurance

webpage

(https://www.waterboards.ca.gov/water_issues/programs/swamp/quality_assurance.html) and

SWAMP - Quality Control and Sample Handling Guidelines webpage

(https://www.waterboards.ca.gov/water_issues/programs/swamp/mqo.html).

II. MONITORING LOCATIONS

The Discharger shall establish the following monitoring locations to demonstrate compliance with

the effluent limitations, discharge specifications, and other requirements in this Order.

Table E-1. Monitoring Locations

Monitoring

Location Type

Monitoring

Location Name Monitoring Location Description [1]

Effluent EFF-001

A point in the outfall from the Final Treatment System-Upper (FTS-Upper),

following treatment and prior to the receiving water, at which all waste

tributary to the outfall is present.

Latitude 37.31703º Longitude -122.11165º

Effluent EFF-002

A point in the outfall from Pond 13B (Discharge Point No. 002), prior to

the receiving water, at which all waste tributary to the outfall is present.

Latitude 37.31674º N Longitude -122.10167º

Effluent EFF-004

A point in the outfall from Pond 17 (Discharge Point No. 004), prior to the

receiving water, at which all waste tributary to the outfall is present.

Latitude 37.31431 Longitude -122.10167

Effluent EFF-005

A point in the outfall from Pond 20 (Discharge Point No. 005), prior to the

receiving water, at which all waste tributary to the outfall is present.

Latitude 37.32016º Longitude -122.08944º

Effluent EFF-006

A point in the outfall from Pond 30 (Discharge Point No. 006), prior to the

receiving water, where all runoff from the East Materials Storage Area

tributary to the outfall is present.

Latitude 37.32314º Longitude -122.08553º

Effluent EFF-007

A point in the outfall from the Final Treatment System-Lower

(FTS-Lower), following treatment and prior to the receiving water, at which

all waste tributary to the outfall is present.

Latitude 37.31778° Longitude -122.08750°

Receiving Water RSW-001

A point in Permanente Creek within 300 feet upstream of in-stream

Pond 13.

Latitude 37.31662° Longitude -122.10251° (approximate)

Receiving Water RSW-001A

A point in Permanente Creek 200 feet or less downstream from the

confluence of Wild Violet Creek and Permanente Creek.

Latitude 37.3198854° Longitude -122.1305567°

Receiving Water RSW-002

A point in Permanente Creek within 50 feet downstream of Discharge Point

No. 002.

Latitude 37.31649° Longitude -122.10161° (approximate)

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-4

Monitoring

Location Type

Monitoring

Location Name Monitoring Location Description [1]

Receiving Water RSW-004

A point in Permanente Creek within 50 feet downstream of Discharge Point

No. 006 and 50 feet upstream of Pond 14.

Latitude 37.32217° Longitude -122.08436°

Receiving Water RSW-005

A point in Permanente Creek at Rancho San Antonio Open Space Upper

Bridge (South Meadow Trailhead).

Latitude 32.32941° Longitude -122.08586°

CEDEN Name: PER070

Receiving Water RSW-006

A point in Permanente Creek at Heritage Oaks Park.

Latitude 37.35954° Longitude -122.08717°

CEDEN Name: PER045

Receiving Water RSW-007

A point in Permanente Creek at Crittenden Middle School.

Latitude 37.41247° Longitude -122.08679°

CEDEN Name: PER020

Footnote:

[1] Latitude and longitude information is approximate for administrative purposes.

III.EFFLUENT MONITORING REQUIREMENTS

A. The Discharger shall monitor effluent at Monitoring Locations EFF-001 and EFF-007 as follows:

Table E-2. Effluent Monitoring—Monitoring Locations EFF-001 and EFF-007

Parameter Units Sample Type [1] Minimum Sampling Frequency

Flow [2] MGD Continuous Continuous/Day

Oil and Grease mg/L Grab 1/Quarter

pH [3] standard units Continuous

or Grab Continuous/Day or 1/Day

Settleable Matter mL/L-hr Grab 1/Month

Temperature °C Grab 1/Month

Total Residual Chlorine mg/L Grab 1/Day [3]

Total Suspended Solids (TSS) mg/L Grab 1/Week

Antimony μg/L Grab 1/Month

Chromium (VI) μg/L Grab 1/Month

Mercury μg/L Grab 1/Quarter

Nickel μg/L Grab 1/Month

Selenium [4] μg/L Grab 1/Week

Priority Pollutants [7] μg/L Grab 1/Year

Total Dissolved Solids (TDS) mg/L Grab 1/Quarter

Acute Toxicity [5] % Survival C-24 1/Quarter

Chronic Toxicity [6] TUc C-24 1/Quarter

Standard Observations [8] — — 1/Day

Unit Abbreviations:

TUc = chronic toxicity units

ºC = degrees Celsius

μg/L = micrograms per liter

mg/L = milligrams per liter

mL/L-hr = milliliters per liter-hour

MGD = million gallons per day

% Survival = percent survival

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-5

Sample Type:

Continuous = measured continuously

C-24 = 24-hour composite sample

Grab = grab sample

Sampling Frequency:

Continuous/Day = measured continuously, and recorded and reported at least daily

1/Day = once per day

1/Week = once per week

1/Month = once per month

2/Month = twice per month

1/Quarter = once per quarter

1/Year = once per year

Footnotes:

[1] Grab samples shall be collected during daylight hours.

[2] Flow shall be monitored continuously and the following information shall be reported in monthly self-monitoring reports:

• Daily average flow (gpd)

• Total monthly flow volume (MG)

[3] pH and total residual chlorine shall be monitored once per day, Monday through Friday, at Monitoring Locations EFF-001 and

EFF-007. If pH is monitored continuously, the minimum and maximum pH values for each day shall be reported in selfmonitoring

reports.

[4] The Discharger may reduce the monitoring frequency from 1/Week to 2/Month at one or both locations where full compliance

with the selenium effluent limitations has been demonstrated for at least the most recent two years. Before the Discharger may

reduce the monitoring frequency, it shall obtain written confirmation from the Executive Officer.

[5] Acute bioassay tests shall be performed in accordance with MRP section V.A.1.

[6] Chronic bioassay tests shall be performed in accordance with MRP section V.A.2.

[7] The Discharger shall monitor for the pollutants listed in Attachment G, Table B.

[8] Standard observations are listed in Attachment G section III.B.2.

B. The Discharger shall monitor effluent at Monitoring Locations EFF-002, EFF-004, EFF-005, and

EFF-006 as follows:

Table E-3. Effluent Monitoring—Monitoring Locations EFF-002 and EFF-004 through EFF-006

Parameter Units Sample Type [1] Minimum Sampling Frequency

Conductivity μmhos/cm Grab 1/Quarter

Flow [2] MG Continuous 1/Month

Oil and Grease [3] mg/L Grab 1/Quarter

pH standard units Grab 1/Quarter

Settleable Matter mL/L-hr Grab 1/Quarter

TSS mg/L Grab 1/Quarter

Antimony μg/L Grab 1/Quarter

Chromium (VI) μg/L Grab 1/Quarter

Mercury μg/L Grab 1/Year

Nickel μg/L Grab 1/Quarter

Selenium μg/L Grab [4]

Visual Observations [5] — — Each Occurrence

Unit Abbreviations:

μg/L = micrograms per liter

μmhos/cm = micromhos per centimeter

mg/L = milligrams per liter

mL/L-hr = milliliters per liter-hour

MG = million gallons

Sample Type:

Continuous = measured continuously

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-6

Grab = grab sample

Sampling Frequency:

Each Occurrence = each significant stormwater discharge, defined as a continuous discharge of stormwater for a minimum of one

hour, or an intermittent discharge of stormwater for a minimum of three hours, in a 12-hour period. Visual

observations are only required in daylight during scheduled facility operating hours.

1/Month = once per month

1/Quarter = once per quarter

1/Year = once per year

Footnotes:

[1] Grab samples shall be collected during daylight hours.

[2] Flow shall be monitored continuously at all monitoring locations. The following information shall be reported in monthly selfmonitoring

reports for all monitoring locations:

• Daily average flow (gpd)

• Total monthly flow volume (MG)

[3] At Monitoring Location EFF-006, total organic carbon may be substituted for oil and grease.

[4] The selenium monitoring frequency shall be 1/month during the wet season (November 1 through April 30) and twice

during the dry season. Selenium samples shall be collected at EFF-002, EFF-004, EFF-005, and EFF-006 during the first

significant stormwater discharge of the wet season (November 1 through April 30) that occurs in daylight during scheduled

Facility operating hours.

[5] Visual observations are listed in Attachment S section II.A.

IV. RECEIVING WATER MONITORING REQUIREMENTS

The Discharger shall monitor receiving water at Monitoring Locations RSW-001, RSW-001A,

RSW-002, and RSW-004 through RSW-006 according to the following requirements:

• The Discharger shall sample all receiving water monitoring locations on the same day, unless

impractical for safety reasons, or due to limited hours of daylight.

• The Discharger shall collect the first receiving water samples of each wet season (November 1

through April 30) after the first storm that causes a “significant stormwater discharge,” defined

as follows:

o a continuous discharge of stormwater for a minimum of one hour, or

o an intermittent discharge of stormwater for a minimum of three hours in a 12-hour period.

In addition, the Discharger shall monitor as indicated in Tables E-4 through E-6 below.

A. Monitoring Locations RSW-001 and RSW-001A

The Discharger shall monitor receiving water at Monitoring Locations RSW-001 and

RSW-001A as follows:

Table E-4. Receiving Water Monitoring - Monitoring Locations RSW-001 and RSW-001A

Parameter Units Sample Type Minimum Sampling

Frequency [1]

Chloride [2] mg/L Grab 1/Year

Conductivity μmhos/cm Grab [3]

Dissolved Oxygen mg/L and % Saturation Grab [3]

Flow cfs Monthly [3]

Total Hardness as

Calcium Carbonate (CaCO3) [4] mg/L Grab 1/Year

pH Standard Units Grab [3]

Settleable Matter [4] mL/L-hr Grab 1/Year

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-7

Parameter Units Sample Type Minimum Sampling

Frequency [1]

Sulfate [2] mg/L Grab 1/Quarter

Temperature oC Grab [3]

TSS mg/L Grab [3]

Turbidity NTU Grab 1/Year

Antimony μg/L Grab 1/Year

Chromium (VI) μg/L Grab 1/Year

Chronic Toxicity [1, 2, 5] TUc Grab 1/Quarter

Mercury μg/L Grab 1/Year

Nickel μg/L Grab 1/Year

Selenium μg/L Grab [3]

Priority Pollutants [6] μg/L Grab 1/Year

TDS mg/L Grab 1/Year

Trace Metals [2, 7] μg/L Grab 1/Quarter

Standard Observations [8] — — [3]

Unit Abbreviations:

TUc = chronic toxicity units

cfs = cubic feet per second

ºC = degrees Celsius

μg/L = micrograms per liter

μmhos/cm = micromhos per centimeter

mg/L = milligrams per liter

mL/L-hr = milliliters per liter-hour

% Saturation = percent saturation

Sampling Frequencies:

1/Month = once per month

1/Quarter = once per quarter

1/Year = once per year

Footnotes:

[1] Samples shall be collected on the same day as effluent monitoring at Monitoring Locations EFF-001 and EFF-007 at least once

per year.

[2] To be monitored at Monitoring Location RSW-001. Monitoring is not required at RSW-001A.

[3] The monitoring frequency at Monitoring Location RSW-001 shall be monthly during the wet season (November 1 through

April 30) and twice during the dry season (May 1 through October 31). The monitoring frequency at Monitoring Location

RSW-001A shall be 1/Year.

[4] Hardness and settleable matter shall be monitored at Monitoring Location RSW-001A. Hardness and settleable matter monitoring

is not required at Monitoring Location RSW-001.

[5] Chronic bioassay tests shall be performed in accordance with MRP section V.B.

[6] The Discharger shall monitor for the pollutants listed in Attachment G, Table B

[7] Trace metals are total recoverable antimony, arsenic, cadmium, total chromium, chromium (VI), copper, molybdenum, nickel,

thallium, vanadium, and zinc. Trace metals shall be monitored concurrently with chronic toxicity. Quarterly monitoring for

antimony, chromium (VI), and nickel with trace metals satisfies the quarterly monitoring requirements set forth here.

[8] Standard Observations are listed in Attachment G section III.C.1.

B. Monitoring Location RSW-002

The Discharger shall monitor receiving water at Monitoring Location RSW-002 when there is

discharge at Discharge Point 002 as follows:

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-8

Table E-5. Receiving Water Monitoring—Monitoring Location RSW-002

Parameter Units Sample Type Minimum Sampling Frequency

Dissolved Oxygen mg/L and % Saturation Grab 1/Quarter

Flow cfs Monthly 1/Quarter

pH Standard Units Grab 1/Quarter

Temperature oC Grab 1/Quarter

TSS mg/L Grab 1/Quarter

Turbidity NTU Grab 1/Quarter

Antimony μg/L Grab 1/Quarter

Chromium (VI) μg/L Grab 1/Quarter

Mercury μg/L Grab 1/Year

Nickel μg/L Grab 1/Quarter

Selenium μg/L Grab 1/Quarter

TDS mg/L Grab 1/Year

Standard Observations [1] — — 1/Quarter

Unit Abbreviations:

cfs = cubic feet per second

ºC = degrees Celsius

μg/L = micrograms per liter

mg/L = milligrams per liter

% Saturation = percent saturation

Sampling Frequencies:

1/Quarter = once per quarter

1/Year = once per year

Footnote:

[1] Standard observations are listed in Attachment G section III.C.1.

C. Monitoring Location RSW-004

The Discharger shall monitor receiving water at Monitoring Location RSW-004 as follows:

Table E-6. Receiving Water Monitoring—Monitoring Location RSW-004

Parameter Units Sample Type Minimum Sampling Frequency [1]

Chloride mg/L Grab 1/Quarter

Dissolved Oxygen mg/L and % Saturation Grab [2]

Flow cfs Monthly [2]

Total Hardness as CaCO3 mg/L Grab 1/Quarter

pH Standard Units Grab [2]

Sulfate mg/L Grab 1/Quarter

Temperature oC Grab [2]

TSS mg/L Grab [2]

Turbidity NTU Grab 1/Quarter

Antimony μg/L Grab [3]

Chromium (VI) μg/L Grab [3]

Chronic Toxicity [4] TUc Grab 1/Quarter

Nickel μg/L Grab [3]

Selenium μg/L Grab [2]

TDS mg/L Grab 1/Year

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-9

Parameter Units Sample Type Minimum Sampling Frequency [1]

Trace Metals [5] μg/L Grab 1/Quarter

Standard Observations [6] — — [2]

Unit Abbreviations:

TUc = chronic toxicity units

cfs = cubic feet per second

ºC = degrees Celsius

μg/L = micrograms per liter

mg/L = milligrams per liter

% Saturation = percent saturation

Sampling Frequencies:

1/Quarter = once per quarter

1/Year = once per year

Footnotes:

[1] Samples shall be collected on the same day as effluent monitoring at Monitoring Locations EFF-001 and EFF-007 at least once

per year, and on the same day as effluent monitoring at Monitoring Locations EFF-004 through EFF-006 at least once per year if

possible.

[2] Monitoring frequency shall be monthly during the wet season (November 1 through April 30) and twice during the dry season.

[3] Antimony, chromium (VI), and nickel shall be monitored concurrently with chronic toxicity.

[4] Chronic bioassay tests shall be performed in accordance with MRP section V.B.

[5] Trace metals are total recoverable arsenic, cadmium, chromium, copper, molybdenum, thallium, vanadium, and zinc. Trace

metals shall be monitored concurrently with chronic toxicity.

[6] Standard observations are listed in Attachment G section III.C.1.

D. Monitoring Locations RSW-005 through RSW-007

The Discharger shall monitor receiving water at Monitoring Locations RSW-005 through

RSW-007 as follows:

Table E-7. Receiving Water Monitoring—Monitoring Locations RSW-005 through RSW-007

Parameter Units Sample Type Minimum Sampling Frequency [1]

Chloride [2] mg/L Grab 1/Quarter

Dissolved Oxygen mg/L and % Saturation Grab 1/Quarter

Flow cfs Monthly 1/Quarter

Total Hardness as CaCO3

[2] mg/L Grab 1/Quarter

pH Standard Units Grab 1/Quarter

Sulfate [2] mg/L Grab 1/Quarter

Temperature oC Grab 1/Quarter

TSS mg/L Grab 1/Quarter

Turbidity NTU Grab 1/Quarter

Antimony μg/L Grab [3]

Chromium (VI) μg/L Grab [3]

Chronic Toxicity [2, 4] TUc Grab 1/Quarter

Mercury [5] μg/L Grab 1/Year

Nickel μg/L Grab [3]

Selenium μg/L Grab 1/Quarter

TDS mg/L Grab 1/Year

Trace Metals [2, 6] μg/L Grab 1/Quarter

Standard Observations [7] — — 1/Quarter

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-10

Unit Abbreviations:

TUc = chronic toxicity units

cfs = cubic feet per second

ºC = degrees Celsius

μg/L = micrograms per liter

mg/L = milligrams per liter

% Saturation = percent saturation

Sampling Frequencies:

1/Quarter = once per quarter

1/Year = once per year

Footnotes:

[1] Monitoring at Monitoring Location RSW-005 is required only if flow from the Facility continues to this location. Monitoring at

Monitoring Locations RSW-006 and RSW-007 is required only when flow from upper Permanente Creek continues to these

locations.

[2] Chloride, total hardness as CaCO3, sulfate, chronic toxicity, and trace metals shall be monitored at Monitoring Location

RSW-005. Such monitoring is not required at Monitoring Locations RSW-006 and RSW-007.

[3] Antimony, chromium (VI), and nickel shall be monitored concurrently with chronic toxicity at Monitoring Location RSW-005.

Such monitoring is not required at Monitoring Locations RSW-006 and RSW-007.

[4] Chronic bioassay tests shall be performed in accordance with MRP section V.B.

[5] Mercury shall be monitored at Monitoring Location RSW-005. Mercury monitoring is not required at Monitoring Locations

RSW-006 and RSW-007.

[6] Trace metals are total recoverable arsenic, cadmium, chromium, copper, molybdenum, thallium, vanadium, and zinc. Trace

metals shall be monitored concurrently with chronic toxicity.

[7] Standard observations are listed in Attachment G section III.C.1.

V. TOXICITY TESTING REQUIREMENTS

The Discharger shall monitor acute and chronic toxicity at Monitoring Locations EFF-001 and

EFF-007, and chronic toxicity at Monitoring Locations RSW-001, RSW-004, and RSW-005.

A. Monitoring Locations EFF-001 and EFF-007

1. Acute Toxicity

a. Compliance with the acute toxicity effluent limitations shall be evaluated by measuring

survival of test organisms exposed to 96-hour static renewal bioassays.

b. Test organisms shall be rainbow trout (Oncorhynchus mykiss). The Executive Officer

may specify a more sensitive organism or, if testing a particular organism proves

unworkable, the most sensitive organism available.

c. All bioassays shall be performed according to the most up-to-date protocols in 40 C.F.R.

part 136, currently Methods for Measuring the Acute Toxicity of Effluents and Receiving

Water to Freshwater and Marine Organisms, 5th Edition (EPA-821-R-02-012).

d. If the Discharger demonstrates that specific identifiable substances in the discharge are

rapidly rendered harmless upon discharge to the receiving water, compliance with the

acute toxicity limit may be determined after test samples are adjusted to remove the

influence of those substances. Written acknowledgement that the Executive Officer

concurs with the Discharger’s demonstration and that the adjustment will not remove the

influence of other substances must be obtained prior to any such adjustment. The

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-11

Discharger may manually adjust the pH of whole effluent acute toxicity samples prior to

performing bioassays to minimize ammonia toxicity interference.

e. Bioassay water monitoring shall include, on a daily basis, residual chlorine, pH, dissolved

oxygen, ammonia (if toxicity is observed), temperature, hardness, and alkalinity. These

results shall be reported. If a violation of an acute toxicity limit occurs, the bioassay test

shall be repeated with new fish as soon as practical and shall be repeated until a test fish

survival rate of 90 percent or greater is observed. If the control fish survival rate is less

than 90 percent, the bioassay test shall be restarted with new fish and shall continue as

soon as practical until an acceptable test is completed (i.e., control fish survival rate is

90 percent or greater).

2. Chronic Toxicity

a. Monitoring Requirements

i. Sampling. The Discharger shall collect 24-hour composite effluent samples at

Monitoring Locations EFF-001 and EFF-007 on consecutive or alternating days for

critical life stage toxicity testing as indicated below.

ii. Test Species. The test species shall be water flea (Ceriodaphnia dubia) unless a more

sensitive species is identified. If using this species proves unworkable, the Executive

Officer may specify a different species in writing upon the Discharger’s request with

justification.

The Discharger shall conduct a screening chronic toxicity test as described in

Appendix E-1, or as described in applicable State Water Board plan provisions that

become effective after adoption of this Order, following any significant change in the

nature of the effluent after implementation of the final treatment system. If there is no

significant change in the nature of the effluent, the Discharger shall conduct a

screening test for each discharge point and submit the results with its application for

permit reissuance. Upon completion of the chronic toxicity screening, the Discharger

shall use the most sensitive species to conduct subsequent monitoring.

iii. Frequency. Chronic toxicity monitoring shall be as specified below:

(a) The Discharger shall monitor routinely as indicated in Table E-2.

(b) The Discharger shall accelerate monitoring to monthly after exceeding either a

single-sample maximum of 2.0 TUc or a three-sample median of 1.0 TUc. The

Executive Officer may specify a different frequency to ensure that accelerated

monitoring provides useful information.

(c) The Discharger shall return to quarterly monitoring if accelerated monitoring does

not exceed either trigger in (b), above.

(d) If accelerated monitoring confirms consistent toxicity in excess of either trigger

in (b), above, the Discharger shall continue accelerated monitoring and initiate

toxicity reduction evaluation (TRE) procedures in accordance with section

V.A.2.c, below.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-12

(e) The Discharger shall return to routine monitoring after implementing appropriate

elements of the TRE, and either the toxicity drops below the triggers in (b),

above, or, based on the TRE results, the Executive Officer determines that

accelerated monitoring would no longer provide useful information.

(f) Monitoring conducted pursuant to a TRE satisfies the requirements for routine

and accelerated monitoring while the TRE is underway.

iv. Methodology. Sample collection, handling, and preservation shall be in accordance

with U.S. EPA protocols. In addition, bioassays shall be conducted in compliance

with Short-term Methods for Estimating the Chronic Toxicity of Effluents and

Receiving Waters to Freshwater Organisms, currently fourth Edition (EPA-821-R-

02-013). If these protocols prove unworkable, the Executive Officer and the

Environmental Laboratory Accreditation Program may grant exceptions in writing

upon the Discharger’s request with justification, provided that the revised protocols

are equally protective. If the Discharger demonstrates that specific identifiable

substances in the discharge are rapidly rendered harmless upon discharge to the

receiving water, compliance with the chronic toxicity limit may be determined after

test samples are adjusted to remove the influence of those substances. Written

acknowledgement that the Executive Officer concurs with the Discharger’s

demonstration and that the adjustment will not remove the influence of other

substances must be obtained prior to any such adjustment.

v. Dilution Series. The Discharger shall conduct tests at 100%, 75%, 50%, 25%, 12.5%,

and 0%. The “%” represents percent effluent as discharged. Test sample pH may be

controlled to the level of the effluent sample as received by the laboratory.

b. Reporting Requirements

i. The Discharger shall provide toxicity test results for the current reporting period in

the self-monitoring report and shall include the following, at a minimum, for each

test:

(a) Sample date

(b) Test initiation date

(c) Test species

(d) End point values for each dilution (e.g., number of young, growth rate, percent

survival)

(e) No Observable Effect Level (NOEL) values in percent effluent. The NOEL shall

equal the IC25 or EC25 (see MRP Appendix E-1). If the IC25 or EC25 cannot be

statistically determined, the NOEL shall equal to the No Observable Effect

Concentration (NOEC) derived using hypothesis testing. The NOEC is the

maximum percent effluent concentration that causes no observable effect on test

organisms based on a critical life stage toxicity test.

(f) IC15, IC25, IC40, and IC50 values (or EC15, EC25, EC40, and EC50) as percent

effluent

(g) TUc values (100/NOEL) and upper and lower confidence intervals.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-13

(h) Mean percent mortality (±s.d.) after 96 hours in 100% effluent (if applicable)

(i) IC50 or EC50 values for reference toxicant tests

(j) Available water quality measurements for each test (e.g., pH, residual chlorine,

dissolved oxygen, temperature, conductivity, hardness, salinity, and ammonia)

c. Toxicity Reduction Evaluation (TRE)

i. The Discharger shall prepare a generic TRE work plan within 90 days of the effective

date of this Order to be ready to respond to toxicity events. The Discharger shall

review and update the work plan as necessary so that it remains current and

applicable to the discharge and discharge facilities.

ii. Within 30 days of exceeding either chronic toxicity trigger in section V.A.2.a.iii.(b),

above, the Discharger shall submit a TRE work plan, which shall be the generic work

plan revised as appropriate for this toxicity event after consideration of available

discharge data.

iii. Within 30 days of completing an accelerated monitoring test observed to exceed

either chronic toxicity trigger in section V.A.2.a.iii.(b), above, the Discharger shall

initiate a TRE in accordance with a TRE work plan that incorporates any and all

comments from the Executive Officer.

iv. The TRE shall be specific to the discharge and be in accordance with current

technical guidance and reference materials, including U.S. EPA guidance materials.

The Discharger shall conduct the TRE as a tiered evaluation as summarized below:

(a) Tier 1 shall consist of basic data collection (routine and accelerated monitoring).

(b) Tier 2 shall consist of evaluation of treatment process optimization, including

operational practices and in-plant process chemicals.

(c) Tier 3 shall consist of a toxicity identification evaluation (TIE).

(d) Tier 4 shall consist of evaluation of options for additional effluent treatment

processes.

(e) Tier 5 shall consist of evaluation of options for modifications of in-plant treatment

processes.

(f) Tier 6 shall consist of implementation of selected toxicity control measures, and

follow-up monitoring and confirmation of implementation success.

v. The Discharger may end the TRE at any stage if monitoring finds there is no longer

consistent toxicity (i.e., chronic toxicity drops below both triggers in section

V.A.2.a.iii.(b), above).

vi. The objective of the TIE shall be to identify the substance or combination of

substances causing the observed toxicity. The Discharger shall employ all reasonable

efforts using currently available TIE methodologies.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-14

vii. As toxic substances are identified or characterized, the Discharger shall continue the

TRE by determining the sources and evaluating alternative strategies for reducing or

eliminating the toxic substances from the discharge. The Discharger shall take all

reasonable steps to reduce toxicity to levels below the triggers in section

V.A.2.a.iii.(b), above.

viii. Many recommended TRE elements parallel required or recommended efforts related

to source control, pollution prevention, and stormwater control programs. TRE efforts

should be coordinated with such efforts. To prevent duplication of efforts, evidence of

complying with requirements or recommended efforts of such programs may be

acceptable to demonstrate compliance with TRE requirements.

B. Monitoring Locations RSW-001, RSW-004, and RSW-005

1. Monitoring Requirements

a. Sampling. The Discharger shall collect samples for chronic toxicity testing as indicated

in Tables E-4 and E-6.

b. Test Species. The test species at Monitoring Locations RSW-001, RSW-004, and

RSW-005 shall be water flea (Ceriodaphnia dubia) and algae (Selenastrum

capricornutum).

c. Methodology. The Discharger shall use single-concentration toxicity tests (i.e., 100%

ambient water collected on the sampling day as a single grab). Once a toxicity test has

concluded, the Discharger shall evaluate organism performance (control vs. ambient

sample) using Surface Water Ambient Monitoring Program’s (SWAMP’s) standard

statistical protocol, which involves the examination of significant differences in test

organism performance by a one-tailed t-test (α = 0.05) or Test for Significant Toxicity

(TST), and a categorization of the performance of organisms exposed to the ambient

sample as either greater or less than 80 percent of the control performance (SWAMP

Toxicity Work Group Recommendation for Evaluating Toxicity Data, SWAMP, 2014;

Introduction to Toxicity Test Methodology and Applications, SWAMP, 2016; Final

Quality Assurance Program Plan, SWAMP, 2017). For purposes of receiving water

testing, a sample is considered toxic only when there is a significant t-test or TST result

and performance below the 80 percent threshold of the control is observed.

2. Reporting Requirements

a. The Discharger shall provide toxicity test results for the current reporting period in the

self-monitoring report and shall include the following, at a minimum, for each test:

i. Sample date

ii. Test initiation date

iii. Test species

iv. End point values for each dilution (e.g., number of young, growth rate, percent

survival)

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-15

v. No Observable Effect Concentration (NOEC) values, derived using hypothesis

testing, in percent effluent. The NOEC is the maximum percent effluent concentration

that causes no observable effect on test organisms based on a critical life stage

toxicity test.

vi. TUc values (100/NOEC)

vii. Mean percent mortality (±s.d.) after 96 hours in 100% effluent (if applicable)

viii. IC50 or EC50 values for reference toxicant tests

ix. Available water quality measurements for each test (e.g., pH, residual chlorine,

dissolved oxygen, temperature, conductivity, hardness, salinity, and ammonia)

3. Toxicity Reduction Evaluation (TRE)

a. Monitoring Locations RSW-001 and RSW-004. The Discharger shall conduct a TIE

when it observes toxicity at Monitoring Location RSW-001 or RSW-004 and the

following circumstances exist:

i. the Discharger is not currently conducting a TRE for discharges from Discharge Point

Nos. 001 or 007,

ii. discharges from Discharge Point Nos. 001 or 007 are not otherwise identifiable as

causes of the observed toxicity (e.g., are not toxic concurrently with the receiving

water), and

iii. the percent effect in the receiving water sample is at least 50 percent and statistically

significant.

The Discharger shall conduct the TIE using the same sample and affected species. The

Discharger shall also follow MRP section V.A.2.c to investigate toxicity at Discharge

Point Nos. 001 and 007.

The Discharger shall select TIE treatments based on weight of evidence (e.g., nature of

the toxicity observed, historical TIE results, and concurrent analytical test results for

metals, minerals, suspended solids; etc.). The Discharger shall describe its rationale for

TIE treatment selection in the appropriate SMR.

The Discharger may conduct the TIE using a single species if more than one species

exhibits toxicity and the same cause is suspected. The Discharger may also conduct the

TIE on a sample from one monitoring location if toxicity is observed at both monitoring

locations and there is continuous flow between them. The Discharger shall describe its

rationale for species and monitoring location selection in the appropriate SMR.

The Discharger is not required to conduct a TIE if the cause of toxicity can be identified

based on weight-of-evidence using previous TRE or TIE data (e.g., there is a consistent

chemical signal associated with the observed toxicity). The Discharger shall report its

rationale for not conducting a TIE and identifying the cause of toxicity in the appropriate

SMR.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-16

If the percent effect in the receiving water sample is less than 50 percent but statistically

significant, the Discharger shall analyze possible causes of toxicity based on available

data (e.g., trace metals, mineral content, turbidity, or test-related quality assurance or

quality control data) and report the results in the appropriate SMR.

b. Monitoring Location RSW-005. If the Discharger observes toxicity at Monitoring

Location RSW-005 and is not currently conducting a TRE for discharges from Discharge

Point Nos. 001 or 007, the Discharger shall assess whether the toxicity could be due to

stormwater discharged from Discharge Point Nos. 002, 004, 005, or 006. The Discharger

may also evaluate other possible sources, such as contaminated runoff entering the creek

downstream of the Facility, that may be causing the toxicity.

VI. REPORTING REQUIREMENTS

A. General Monitoring and Reporting Requirements

The Discharger shall comply with all standard provisions (Attachments D, G, and S) related to

monitoring, reporting, and recordkeeping.

B. Self-Monitoring Reports (SMRs)

1. SMR Format. The Discharger shall electronically submit SMRs using the State Water

Board’s California Integrated Water Quality System (CIWQS) Website

(http://www.waterboards.ca.gov/water_issues/programs/ciwqs). The CIWQS website will

provide additional information for SMR submittal in the event of a planned service

interruption for electronic submittal.

2. SMR Due Dates and Contents. The Discharger shall submit SMRs by the due dates, and

with the contents, specified below:

a. Monthly SMRs — Monthly SMRs shall be due 30 days after the end of each calendar

month, covering that calendar month. The monthly SMR shall contain the applicable

items described in sections V.B and V.C of both Attachments D and G to this Order. See

Provision VI.C.2 (Effluent Characterization Study and Report) of this Order for

information that must also be reported with monthly SMRs.

Monthly SMRs shall include all new monitoring results obtained since the last SMR was

submitted. If the Discharger monitors any pollutant more frequently than required by this

Order, the Discharger shall include the results of such monitoring in the calculations and

reporting for the SMR.

b. Annual SMR — Annual SMRs shall be due February 1 each year, covering the previous

calendar year. The annual SMR shall contain the items described in sections V.C.1.f of

Attachment G. See also Provision VI.C.2 (Effluent Characterization Study and Report) of

this Order and Attachment S to this Order as modified by MRP section VII.A for

requirements to submit reports with the annual SMR.

c. Specifications for Submitting SMRs to CIWQS — The Discharger shall submit

analytical results and other information using one of the following methods:

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-17

Table E-8. CIWQS Reporting

Parameter

Method of Reporting:

EDF/CDF data upload or

manual entry

Method of Reporting:

Attached File

All parameters identified in influent, effluent, and

receiving water monitoring tables (except

Dissolved Oxygen and Temperature)

Required for all results —

Dissolved Oxygen

Temperature

Required for monthly

maximum and minimum

results only [1]

Discharger may use this

method for all results or

keep records

Cyanide

Arsenic

Cadmium

Chromium

Copper

Lead

Mercury

Nickel

Selenium

Silver

Zinc

Dioxins and Furans

(by U.S. EPA Method 1613)

Required for all results [2] —

Antimony

Beryllium

Thallium

Other Pollutants (by U.S. EPA Methods 601, 602,

608, 610, 614, 624, and 625)

Not required

(unless identified in

influent, effluent, or

receiving water monitoring

tables),

but encouraged [1]

Discharger may use this

method and submit results

with application for permit

reissuance, unless data are

submitted by CDF/EDF

upload

Analytical Method

Not required

(Discharger may select

“data unavailable”) [1]

Collection Time

Analysis Time

Not required

(Discharger may select

“0:00”) [1]

Footnotes:

[1] The Discharger shall continue to monitor at the minimum frequency specified in this MRP, keep records of the measurements,

and make the records available upon request.

[2] These parameters require EDF/CDF data upload or manual entry regardless of whether monitoring is required by this MRP or

other provisions of this Order (except for biosolids, sludge, or ash provisions).

The Discharger shall arrange all reported data in a tabular format and summarize data to

clearly illustrate whether the Facility is operating in compliance with effluent limitations.

The Discharger is not required to duplicate the submittal of data entered in a tabular

format within CIWQS. When electronic submittal of data is required and CIWQS does

not provide for entry into a tabular format, the Discharger shall electronically submit the

data in a tabular format as an attachment.

3. Monitoring Periods. Monitoring periods for all required monitoring shall be as set forth

below unless otherwise specified:

Table E-9. Monitoring Periods

Sampling

Frequency Monitoring Period Begins On… Monitoring Period

Continuous Permit effective date All times

1/Day Permit effective date

Midnight through 11:59 p.m. or any 24-hour period

that reasonably represents a calendar day for purposes

of sampling

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-18

Sampling

Frequency Monitoring Period Begins On… Monitoring Period

1/Week

Sunday following permit effective

date or on permit effective date if on

Sunday

Sunday through Saturday

1/Month First day of calendar month following

or on Order effective date

First day of calendar month through last day of

calendar month

2/Month

First day of calendar month following

permit effective date or on permit

effective date if on first day of month

First day of calendar month through last day of

calendar month

1/Quarter

Closest January 1, April 1, July 1, or

October 1 before or after Order

effective date [1]

January 1 through March 31

April 1 through June 30

July 1 through September 30

October 1 through December 31

2/Year Closest January 1 or July 1 before or

after Order effective date [1]

January 1 through June 30

July 1 through December 31

1/Year Closest January 1 before or after Order

effective date [1]

January 1 through December 31

Footnote:

[1] Monitoring performed during the previous order term may be used to satisfy monitoring required by this Order.

4. RL and MDL Reporting. The Discharger shall report with each sample result the Reporting

Level (RL) and Method Detection Limit (MDL) as determined by the procedure in 40 C.F.R.

part 136. The Discharger shall report the results of analytical determinations for the presence

of chemical constituents in a sample using the following reporting protocols:

a. Sample results greater than or equal to the RL shall be reported as measured by the

laboratory (i.e., the measured chemical concentration in the sample).

b. Sample results less than the RL, but greater than or equal to the laboratory’s MDL, shall

be reported as “Detected, but Not Quantified,” or DNQ. The estimated chemical

concentration of the sample shall also be reported.

For purposes of data collection, the laboratory shall write the estimated chemical

concentration next to DNQ. The laboratory may, if such information is available, include

numerical estimates of the data quality for the reported result. Numerical estimates of

data quality may be percent accuracy (+/- a percentage of the reported value), numerical

ranges (low to high), or any other means the laboratory considers appropriate.

c. Sample results less than the laboratory’s MDL shall be reported as “Not Detected” or

ND.

d. The Discharger shall instruct laboratories to establish calibration standards so that the

minimum level (ML) value (or its equivalent if there is differential treatment of samples

relative to calibration standards) is the lowest calibration standard. At no time is the

Discharger to use analytical data derived from extrapolation beyond the lowest point of

the calibration curve.

5. Compliance Determination. Compliance with effluent limitations for priority pollutants

shall be determined using sample reporting protocols defined above and in the Fact Sheet and

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-19

Attachments A, D, and G. For purposes of reporting and administrative enforcement by the

Regional Water Board and State Water Board, the Discharger shall be deemed out of

compliance with effluent limitations if the concentration of the priority pollutant in the

monitoring sample is greater than the effluent limitation and greater than or equal to the

reporting level (RL).

C. Discharge Monitoring Reports (DMRs)

DMRs are U.S. EPA reporting requirements. The Discharger shall electronically certify and

submit DMRs together with SMRs using the Electronic Self-Monitoring Reports module eSMR

2.5 or the latest upgraded version. Electronic DMR submittal shall be in addition to electronic

SMR submittal. Information about electronic DMR submittal is available at the DMR website at:

http://www.waterboards.ca.gov/water_issues/programs/discharge_monitoring.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-20

APPENDIX E-1

CHRONIC TOXICITY

DEFINITION OF TERMS AND SCREENING PHASE REQUIREMENTS

I. Definition of Terms

A. No observed effect level (NOEL) for compliance determination is equal to IC25 or EC25. If

the IC25 or EC25 cannot be statistically determined, the NOEL shall be equal to the NOEC

derived using hypothesis testing.

B. Effective concentration (EC) is a point estimate of the toxicant concentration that would

cause an adverse effect on a quantal, “all or nothing,” response (such as death,

immobilization, or serious incapacitation) in a given percent of the test organisms. If the

effect is death or immobility, the term lethal concentration (LC) may be used. EC values may

be calculated using point estimation techniques such as probit, logit, and Spearman-Karber.

EC25 is the concentration of toxicant (in percent effluent) that causes a response in 25 percent

of the test organisms.

C. Inhibition concentration (IC) is a point estimate of the toxicant concentration that would

cause a given percent reduction in a nonlethal, nonquantal biological measurement, such as

growth. For example, an IC25 is the estimated concentration of toxicant that would cause a 25

percent reduction in average young per female or growth. IC values may be calculated using

a linear interpolation method such as U.S. EPA's Bootstrap Procedure.

D. No observed effect concentration (NOEC) is the highest tested concentration of an effluent or

a toxicant at which no adverse effects are observed on the aquatic test organisms at a specific

time of observation. It is determined using hypothesis testing.

II. Chronic Toxicity Screening Phase Requirements

A. The Discharger shall perform screening phase monitoring:

1. Subsequent to any significant change in the nature of the effluent discharged through

changes in sources or treatment, except those changes resulting from reductions in

pollutant concentrations attributable to source control efforts, or

2. Prior to permit reissuance. Screening phase monitoring data shall be included in the

NPDES permit application for reissuance. The information shall be as recent as possible,

but may be based on screening phase monitoring conducted within 5 years before the

permit expiration date.

B. Design of the screening phase shall, at a minimum, consist of the following elements:

1. Use of test species specified in Appendix E-2, attached, and use of the protocols

referenced in those tables.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-21

2. Two stages:

a. Stage 1 shall consist of a minimum of one battery of tests conducted concurrently.

Selection of the type of test species and minimum number of tests shall be based on

Appendix E-2 (attached).

b. Stage 2 shall consist of a minimum of two test batteries conducted at a monthly

frequency using the three most sensitive species based on the Stage 1 test results.

3. Appropriate controls.

4. Concurrent reference toxicant tests.

5. Dilution series of 100%, 50%, 25%, 12.5%, 6.25%, and 0 %, where “%” is percent

effluent as discharged, or as otherwise approved the Executive Officer if different

dilution ratios are needed to reflect discharge conditions.

C. The Discharger shall submit a screening phase proposal. The proposal shall address each of

the elements listed above. If within 30 days, the Executive Officer does not comment, the

Discharger shall commence with screening phase monitoring.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-22

APPENDIX E-2

SUMMARY OF TOXICITY TEST SPECIES REQUIREMENTS

Table AE-1. Critical Life Stage Toxicity Tests for Estuarine Waters

Species (Scientific Name) Effect Test Duration Reference

Alga (Skeletonema costatum)

(Thalassiosira pseudonana) Growth rate 4 days 1

Red alga (Champia parvula) Number of cystocarps 7–9 days 3

Giant kelp (Macrocystis pyrifera) Percent germination;

germ tube length 48 hours 2

Abalone (Haliotis rufescens) Abnormal shell

development 48 hours 2

Oyster

Mussel

(Crassostrea gigas)

(Mytilus edulis)

Abnormal shell

development; percent

survival

48 hours 2

Echinoderms -

Urchins

Sand dollar

(Strongylocentrotus

purpuratus, S. franciscanus)

(Dendraster excentricus)

Percent fertilization

or larval development

1 hour

or 72 hours 2

Shrimp (Americamysis bahia) Percent survival;

growth 7 days 3

Shrimp (Holmesimysis costata) Percent survival;

growth 7 days 2

Topsmelt (Atherinops affinis) Percent survival;

growth 7 days 2

Silversides (Menidia beryllina) Larval growth rate;

percent survival 7 days 3

Toxicity Test References:

1. American Society for Testing Materials (ASTM). 1990. Standard Guide for Conducting Static 96-Hour Toxicity Tests

with Microalgae. Procedure E 1218-90. ASTM, Philadelphia, PA.

2. Short-term Methods for Estimating the Chronic Toxicity of Effluent and Receiving Waters to West Coast Marine and

Estuarine Organisms. EPA/600/R-95/136. August 1995.

3. Short-term Methods for Estimating the Chronic Toxicity of Effluent and Receiving Waters to Marine and Estuarine

Organisms. EPA/821/R-02/014. October 2002.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment E – MRP E-23

Table AE-2. Critical Life Stage Toxicity Tests for Fresh Waters

Species (Scientific Name) Effect Test Duration Reference

Fathead minnow (Pimephales

promelas)

Survival;

growth rate 7 days 4

Water flea (Ceriodaphnia dubia) Survival;

number of young 7 days 4

Alga (Selenastrum

capricornutum) Final cell density 4 days 4

Toxicity Test Reference:

1. Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms,

fourth Edition Chronic manual (EPA-821-R-02-013, October 2002).

Table AE-3. Toxicity Test Requirements for Stage One Screening Phase

Requirements Discharges to Ocean

Discharges to Marine

or Estuarine Water

(San Francisco Bay [1])

Discharges to

Freshwater [1]

Taxonomic diversity

1 plant

1 invertebrate

1 fish

1 plant

1 invertebrate

1 fish

1 plant

1 invertebrate

1 fish

Number of tests: Marine/Estuarine 4 3 or 4 0

Number of tests: Freshwater [2] 0 1 or 2 3

Total number of tests 4 5 3

[1] (a) Marine refers to receiving water salinities greater than 10 parts per thousand (ppt) at least 95 percent of the time

during a normal water year.

(b) Freshwater refers to receiving water with salinities less than 1 ppt at least 95 percent of the time during a normal

water year.

(c) Estuarine refers to receiving water salinities that fall between those of marine and freshwater, as described above.

[2] The freshwater species may be substituted with marine species if:

(a) The salinity of the effluent is above 1 ppt greater than 95 percent of the time, or

(b) The ionic strength (TDS or conductivity) of the effluent at the test concentration used to determine compliance is

documented to be toxic to the test species.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment F – Fact Sheet F-1

F

ATTACHMENT F - FACT SHEET

Contents

I. Permit Information..........................................................................................................................F-2

II. Facility Description.........................................................................................................................F-3

A. Discharge Points and Receiving Waters .................................................................................F-4

B. Existing Wastewater Treatment and Controls.........................................................................F-4

C. Summary of Existing Requirements and Monitoring Data .....................................................F-5

D. Compliance Summary .............................................................................................................F-7

III. Applicable Plans, Policies, and Regulations...................................................................................F-8

IV. Rationale For Effluent Limitations and Discharge Specifications ...............................................F-11

A. Discharge Prohibitions ..........................................................................................................F-11

B. Technology-Based Effluent Limitations ...............................................................................F-13

C. Water Quality-Based Effluent Limitations............................................................................F-15

D. Discharger 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.....................................................................................................F-27

C. Special Provisions .................................................................................................................F-28

1. Reopener Provisions........................................................................................................F-28

2. Effluent Characterization Study and Report ...................................................................F-28

3. Pollutant Minimization Program .....................................................................................F-28

4. Receiving Water Data Reporting ....................................................................................F-28

5. Dry Season Discharge Requirements ..............................................................................F-28

6. Selenium in Fish Tissue Reasonable Potential Study .....................................................F-28

VII. Monitoring and Reporting Program (MRP)..................................................................................F-29

VIII. Public Participation.......................................................................................................................F-32

Tables

Table F-1. Facility Information................................................................................................................F-2

Table F-2. Outfall Locations....................................................................................................................F-4

Table F-3. Historic Effluent Limitations and Monitoring Data...............................................................F-5

Table F-4. Numeric Effluent Limitation Violations Since October 1, 2017 ...........................................F-8

Table F-5. Beneficial Uses.......................................................................................................................F-9

Table F-6. Technology-Based Requirements for Cement Manufacturing and Mining .........................F-13

Table F-7. Reasonable Potential Analysis .............................................................................................F-20

Table F-8. WQBEL Calculations...........................................................................................................F-24

Table F-9. Monitoring Requirements Summary....................................................................................F-30

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment F – Fact Sheet F-2

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 II.B of this Order, the Regional Water Board

incorporates this Fact Sheet as findings supporting the issuance of this Order.

I. PERMIT INFORMATION

The following table summarizes administrative information related to the facility:

Table F-1. Facility Information

WDID 2 43I006267

CIWQS Place ID 273205

Discharger Lehigh Southwest Cement Company and Hanson Permanente Cement, Inc.

Facility Name Permanente Plant

Facility Address

24001 Stevens Creek Blvd.

Cupertino, CA 95014

Santa Clara County

Facility Contact, Title, Phone Tressa Jackson, Area Environmental Manager, Lehigh Southwest Cement Company,

408-996-4233

Authorized Person to Sign

and Submit Reports Keith Krugh, Plant Manager, Lehigh Southwest Cement Company, 408-996-4231

Mailing Address

Lehigh Southwest Cement Company

24001 Stevens Creek Blvd.

Cupertino, CA 95014

Billing Address Same as Mailing Address

Facility Type Industrial, SIC Codes 3241 (Hydraulic cement production), 1422 (Crushed and

broken limestone)

Major or Minor Facility Major

Threat to Water Quality 1

Complexity A

Pretreatment Program N

Reclamation Requirements Order No. 94-038

Permitted Flow 167,000 gallons per hour (gph) (Discharge Point Nos. 001 and 007, combined)

Design Flow 167,000 gph (Discharge Point Nos. 001 and 007, combined)

Watershed Santa Clara Basin

Receiving Water Permanente Creek

Receiving Water Type Inland Surface Water (Fresh)

A. Lehigh Southwest Cement Company operates the Permanente Plant (Facility), a limestone quarry

and cement production facility that also produces construction aggregate. Hanson Permanente

Cement, Inc., owns the property on which the Facility is located at 24001 Stevens Creek Road.

Together, Lehigh Southwest Cement Company and Hanson Permanente Cement, Inc., are

hereinafter referred to as the “Discharger.” Site operations commenced in 1939.

For the purposes of this Order, references to the “discharger” or “permittee” in applicable federal

and State laws, regulations, plans, or policies are held to be equivalent to references to the

Discharger herein.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment F – Fact Sheet F-3

B. The Facility discharges wastewater to Permanente Creek, a water of the United States tributary

to San Francisco Bay within the Santa Clara Basin watershed. The Facility also discharges

stormwater runoff associated with industrial activities to Permanente Creek. Attachment B

provides a map of the Facility and area around the Facility. Attachment C provides a site flow

and treatment process schematic for the Facility.

The Discharger is regulated pursuant to National Pollutant Discharge Elimination System

(NPDES) Permit No. CA0030210. The Discharger was previously subject to Order No.

R2-2014-0010, which the Regional Water Board amended through Order No. R2-2017-0030

(together, the 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 August 1, 2018.

The Discharger is authorized to discharge subject to the WDRs 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 effective period for 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

federal NPDES regulation requirements for continuation of expired permits.

C. The Discharger is also subject to Regional Water Board Order No. 94-038 for treatment and onsite

discharge and reuse (or reclamation) of treated sanitary wastewaters. This Order does not affect

Order No. 94-038.

D. When applicable, State law requires dischargers to file a petition with the State Water Resources

Control Board (State Water Board), Division of Water Rights, and receive approval for any change

in the point of discharge, place of use, or purpose of use of treated wastewater that decreases the

flow in any portion of a watercourse. The State Water Board retains separate jurisdictional authority

to enforce such requirements under Water Code section 1211. This is not an NPDES permit

requirement.

II. FACILITY DESCRIPTION

The Discharger mines and processes minerals at the Facility and produces Portland cement and

construction aggregate from limestone and other stone quarried onsite. It produces several types of

wastewater, including quarry dewatering water, truck and equipment wash water, aggregate crushing

and washing water, cement manufacture process wastewater, and industrial stormwater. This Order

addresses all wastewater (including industrial stormwater) associated with quarrying, crushed rock

mining and processing, and cement manufacture at the Facility.

The Facility consists of an active mining area, a quarry pit, a cement manufacturing plant, several

crushers and mills, a pre-calcining tower, and roads and a conveyor system for transporting mined

raw materials. Wastewater and industrial stormwater are collected and managed through a system of

berms, ditches, pipes, and ponds. The ponds discharge to Permanente Creek at several locations.

Runoff also occurs as sheet flow from undisturbed areas.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment F – Fact Sheet F-4

A. Discharge Points and Receiving Waters

The Facility discharges to Permanente Creek, a freshwater stream tributary to San Francisco

Bay. All the Facility’s discharges are shallow water discharges. The discharge points are located

in the Santa Clara Basin watershed, as indicated below:

Table F-2. Outfall Locations

Discharge Point Latitude (North) Longitude (West) Receiving Water

001 37.31713° -122.11165° Permanente Creek

002 37.31674° -122.10167° Permanente Creek

004 37.31431° -122.08893° Permanente Creek

005 37.31899° -122.08716° Permanente Creek

006 37.32241° -122.08551° Permanente Creek

007 37.31778° -122.08750° Permanente Creek

B. Existing Wastewater Treatment and Controls

The Facility’s industrial wastewater treatment system, called the Final Treatment System (FTS),

consists of two treatment trains, the Upper Treatment System (FTS-Upper), located near Pond 4A at

the quarry pit crest, and the Lower Treatment System (FTS-Lower), located near Pond 11 and the

Cement Plant (see Attachment B, Water System and Piping figure). Each treatment train includes

ultrafiltration/reverse osmosis (UF/RO) units to remove dissolved solids and bioreactors to remove

selenium and other metals. The bioreactors are a proprietary anaerobic attached growth system with

a final filtration step. The FTS-Upper treatment capacity is 66,000 gallons per hour (gph); the

FTS-Lower treatment capacity is 72,000 gph. The FTS-Upper discharges at Discharge Point

No. 001; the FTS-Lower discharges at Discharge Point No. 007.

During normal operations, the Discharger pumps quarry dewatering water and stormwater collected

in the quarry pit either to Pond 1250, then to the FTS-Upper; or to Tank 950, then to the FTS-Lower

(see Attachment C). The Discharger may also use water from Pond 1250 for dust suppression on

quarry roads. The Discharger directs process wastewater from the Cement Plant, Rock Plant, and

Truck Wash, and stormwater from the Dinky Shed basin and Cement Plant area, to Pond 1, then to

Pond 11. (The Dinky Shed basin collects stormwater from the Rock Plant access road and

surrounding areas, along with stormwater from nearby roads.) The Discharger sends industrial

stormwater from the Pond 30 area and Eastern Materials Storage Area (EMSA), subsurface flow

intercepted by the EMSA French drain, bioreactor and UF/RO backwash water, and UF/RO

concentrate directly to Pond 11. The Discharger either reclaims water collected in Pond 11 for use

as process water or sends it to the quarry pit for treatment at either the FTS-Upper or FTS-Lower.

During the rainy season, the Discharger may use the quarry pit as equalization storage to store water

for later treatment and discharge.

The Discharger discharges stormwater that does not require treatment at the FTS to Permanente

Creek at four other locations: Discharge Point Nos. 002 (from Pond 13B), 004 (from Pond 17), 005

(from Pond 20), and, as necessary, 006 (from Pond 30). Stormwater flows to these discharge points

from the areas listed in Table 1 and are treated using stormwater Best Management Practices

(BMPs). The Discharger has eliminated all process and industrial stormwater discharges to Pond 9;

therefore, this Order no longer authorizes discharges from former Discharge Point No. 003

(Pond 9).

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment F – Fact Sheet F-5

C. Summary of Existing Requirements and Monitoring Data

The table below presents the previous order’s effluent limitations and representative monitoring

data from the previous order term. There were no discharges from Discharge Point Nos. 002 or

007, so those discharge points are omitted from the table. The table includes metals data for

Discharge Point Nos. 003 through 006, although those discharge points did not have effluent

limits for metals.

Table F-3. Historic Effluent Limitations and Monitoring Data

Parameter Units

Monthly

Average

Effluent

Limitation

Daily

Maximum

Effluent

Limitation

Instantaneous

Minimum

Effluent

Limitation

Instantaneous

Maximum

Effluent

Limitation

Highest

Daily

Discharge

(05/14–

07/18)

Discharge Point No. 001 (Pond 4A)

Total Suspended Solids (TSS) mg/L — — — — 270

Total Suspended Solids (TSS) lbs/d — 58 — — 289

Oil and Grease mg/L 10 20 — — ND (<1.7)

pH s.u. — — 6.5 8.5 6.2 – 9.7

Total Residual Chlorine mg/L — — 0.0 — 0.14

Settleable Matter mL/L-hr 0.10 — — — 3.0

Chromium (VI) μg/L 8.0 16 — — 47

Mercury μg/L 0.020 0.041 — — 0.036

Nickel μg/L 82 160 — — 410

Selenium μg/L 4.1 8.2 — — 61

Thallium μg/L 1.7 3.4 — — 0.42

Total Dissolved Solids (TDS) mg/L 1,000 2,000 — — 1,400

Turbidity NTU 5.0 10 — — 137

Acute Toxicity % Survival [1] [1] [1] [1] 100

Chronic Toxicity TUc [2] [2] [2] [2] 61

Discharge Point No. 003 (Pond 9)

TSS mg/L — 50 — — 110

Oil and Grease mg/L 10 20 — — ND (<1.7)

pH s.u. — — 6.5 8.5 6.5 – 8.5

Settleable Matter mL/L-hr 0.10 0.20 — — 0.30

Chromium (VI) μg/L — — — — 7.7

Mercury μg/L — — — — 0.085

Nickel μg/L — — — — 22

Selenium μg/L — — — — 20

Thallium μg/L — — — — 0.36

Turbidity NTU — 40 — — 69

Discharge Point No. 004 (Pond 17)

TSS mg/L — 50 — — 1,700

Oil and Grease mg/L 10 20 — — ND (<1.7)

pH s.u. — — 6.5 8.5 7.1 – 8.8

Settleable Matter mL/L-hr 0.10 0.20 — — 0.90

Chromium (VI) μg/L — — — — 27

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Attachment F – Fact Sheet F-6

Parameter Units

Monthly

Average

Effluent

Limitation

Daily

Maximum

Effluent

Limitation

Instantaneous

Minimum

Effluent

Limitation

Instantaneous

Maximum

Effluent

Limitation

Highest

Daily

Discharge

(05/14–

07/18)

Mercury μg/L — — — — 0.056

Nickel μg/L — — — — 41

Selenium μg/L — — — — 110

Thallium μg/L — — — — 0.25

Turbidity NTU — 40 — — 788

Discharge Point No. 005 (Pond 20)

TSS mg/L — 50 — — 11,000

Oil and Grease mg/L 10 20 — — ND (<1.7)

pH s.u. — — 6.5 8.5 6.1 – 10

Settleable Matter mL/L-hr 0.10 0.20 — — 80

Chromium (VI) μg/L — — — — 150

Mercury μg/L — — — — 5.2

Nickel μg/L — — — — 1,200

Selenium μg/L — — — — 57

Thallium μg/L — — — — 5.2

Turbidity NTU — 40 — — 2,355

Discharge Point No. 006 (Pond 30)

TSS mg/L — 50 — — 7,100

Oil and Grease mg/L — — — — ND (<1.7)

pH s.u. — — 6.5 8.5 7.6 – 8.5

Settleable Matter mL/L-hr 0.10 0.20 — — 80

Chromium (VI) μg/L — — — — 3.4

Mercury μg/L — — — — 2.5

Nickel μg/L — — — — 890

Selenium μg/L — — — — 81

Thallium μg/L — — — — 3.2

Turbidity NTU — — — — 38

Unit Abbreviations:

TUc = chronic toxicity units

mg/L = milligrams per liter

μg/L = micrograms per liter

mL/L-hr = milliliters per liter–hour

NTU = nephelometric turbidity units

ND = non-detected

% Survival = percent survival

s.u. = standard units

Footnotes:

[1] The previous order imposed acute toxicity limits of a minimum single-sample survival percentage of 70 percent and a minimum

three-sample median percent survival of 90 percent.

[2] The previous order did not impose chronic toxicity effluent limits. It did impose accelerated chronic toxicity monitoring triggers of a

single-sample maximum of 2.0 TUc and a three-sample median of 1.0 TUc.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment F – Fact Sheet F-7

D. Compliance Summary

The Discharger’s compliance record is summarized below:

1. Cease and Desist Order. Cease and Desist Order R2-2014-0002, as amended through Order

No. R2-2017-0031, required tasks and a schedule for the Discharger to comply with the

previous order by October 1, 2017. The tasks were corrective actions for foreseeable future

violations and included the following:

• Pilot-testing an Interim Treatment System (ITS) to treat Facility process wastewater,

quarry water, and industrial wastewater discharges as necessary to meet the previous

order’s effluent limits, particularly for selenium, at Discharge Point No. 001.

• Operating the ITS for up to 400 gallons per minute.

• Constructing a Final Treatment System (FTS), based on the ITS, to treat all Facility

discharges as necessary to comply with the previous order’s effluent limits.

• Reconfiguring Facility flows to send all water needing treatment to the FTS and

Discharge Point No. 001, and to discharge only stormwater not needing further treatment

at Discharge Point Nos. 002 through 006.

• Installing and operating the FTS.

The Cease and Desist Order also imposed interim limits while the Discharger completed

these tasks.

2. Administrative Civil Liabilities

a. Administrative Civil Liability (ACL) No. R2-2017-1001. On January 12, 2017, the

Regional Water Board issued ACL No. R2-2017-1001, fining the Discharger $465,500

for numerous violations of the previous order’s effluent limits and Cease and Desist

Order interim limits that occurred in 2014 and 2015. The violations involved total

suspended solids (TSS), settleable matter, turbidity, pH, and total residual chlorine

discharged at Discharge Point Nos. 001, 003, 005, and 006.

b. ACL No. R2-2017-1023. On August 14, 2017, the Regional Water Board issued ACL

No. R2-2017-1023, fining the Discharger $375,000 for numerous violations of the

previous order’s effluent limits and Cease and Desist Order interim limits that occurred in

2016. The violations involved selenium, total dissolved solids (TDS), nickel, settleable

matter, turbidity, and pH discharged at Discharge Point Nos. 001 and 005.

c. ACL No. R2-2018-1007. On August 27, 2018, the Regional Water Board issued ACL

No. R2-2018-1007, fining the Discharger $301,000 for violations that occurred from

January 1 through October 1, 2017 (the date the Cease and Desist Order required full

compliance with the previous order). The violations involved the following:

• numerous violations of the previous order’s effluent limits and Cease and Desist

Order interim limits for selenium, TDS, nickel, TSS, settleable matter, turbidity, and

pH discharged at Discharge Point Nos. 001, 004, and 005;

• 21 violations of Cease and Desist Order interim limits on selenium, nickel, TDS, and

turbidity in ITS effluent; and

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Attachment F – Fact Sheet F-8

• 15 unauthorized discharges from Pond 1 to Permanente Creek (violations of the

previous order’s discharge prohibitions).

3. Compliance Since October 1, 2017. The Discharger’s performance improved substantially

after completing the Cease and Desist Order tasks. Since October 1, 2017, the Discharger

violated the previous order effluent limits just five times:

Table F-4. Numeric Effluent Limitation Violations Since October 1, 2017

Violation

Date

Discharge

Point No. Parameter Unit Effluent

Limitation

Reported

Concentration

11/16/2017 005

TSS,

Maximum

Daily

mg/L 50 140

12/21/2017 001 [1]

Selenium,

Maximum

Daily

μg/L 8.2 15

03/22/2018 004

Turbidity,

Maximum

Daily

NTU 50 52

04/24/2019 001 [2]

Selenium,

Maximum

Daily

μg/L 8.2 9.3

04/31/2019 001 [2]

Selenium,

Average

Monthly

μg/L 4.1 9.3

Footnotes:

[1] This violation was detected in the effluent from the Upper FTS.

[2] This violation was detected in the effluent from the Lower FTS.

On May 21, 2019, the Regional Water Board issued Order No. R2-2019-1014, fining the

Discharger $6,000 for the November and December 2017, and March 2018 violations above.

Enforcement for the April 2019 violations is pending.

The Discharger also discharged 2,250 gallons of untreated truck wash water from Discharge

Point No. 005 on May 8, 2018. This unauthorized discharge was caused by leaking fittings

on a pipeline that was to convey truck wash water to Pond 1 and then to the FTS. The fittings

had been loosened during pipeline maintenance and not re-tightened. The Discharger noticed

the leaking fittings about one hour after completing the maintenance, tightened the fittings,

and stopped the leak.

III.APPLICABLE PLANS, POLICIES, AND REGULATIONS

A. Legal Authorities. This Order serves as WDRs pursuant to Water Code article 4, chapter 4,

division 7 (commencing with § 13260). This Order is also issued pursuant to 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 shall serve as an NPDES permit

authorizing the Discharger to discharge into waters of the United States at the discharge locations

described in Table 2 subject to the WDRs in this Order.

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Attachment F – Fact Sheet F-9

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

(CEQA), Public Resources Code division 13, chapter 3 (commencing with § 21100).

C. State and Federal Regulations, Policies, and Plans

1. Water Quality Control Plan. The San Francisco Bay Regional Water Board (Regional

Water Board) adopted The Water Quality Control Plan for the San Francisco Bay Basin

(hereinafter Basin Plan) that designates beneficial uses, establishes water quality objectives,

and contains implementation programs and policies to achieve those objectives for all waters

addressed through the plan. Requirements in this Order implement the Basin Plan. In

addition, State Water Board Resolution 88-63 established State policy that all waters, with

certain exceptions, should be considered suitable or potentially suitable for municipal or

domestic supply. Permanente Creek does not meet any of the exceptions under State Water

Board Resolution 88-63. Therefore, the municipal or domestic supply beneficial use applies.

Beneficial uses applicable to Permanente Creek are as follows:

Table F-5. Beneficial Uses

Discharge Points Receiving Water Beneficial Uses

001

002

004

005

006

007

Permanente Creek

Groundwater recharge (GWR)

Cold freshwater habitat (COLD)

Warm freshwater habitat (WARM)

Preservation of rare, threatened or endangered species (RARE)

Fish spawning (SPWN)

Wildlife habitat (WILD)

Contact water recreation (REC-1)

Non-contact water recreation (REC-2)

Municipal and domestic water supply (MUN)

2. National Toxics Rule (NTR) and California Toxics Rule (CTR). U.S. EPA adopted the

NTR on December 22, 1992, and amended it on May 4, 1995, and November 9, 1999. About

40 criteria in the NTR apply in California. On May 18, 2000, U.S. EPA adopted the CTR.

The CTR promulgated new toxics criteria for California and incorporated the previously

adopted NTR criteria that applied in the State. U.S. EPA amended the CTR on February 13,

2001. These rules contain water quality criteria for priority pollutants.

3. State Implementation Policy. On March 2, 2000, the State Water Board adopted the Policy

for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and

Estuaries of California (State Implementation Policy or SIP). The SIP became effective on

April 28, 2000, with respect to the priority pollutant criteria U.S. EPA promulgated for

California through the NTR and the priority pollutant objectives the Regional Water Board

established in the Basin Plan. The SIP became effective on May 18, 2000, with respect to the

priority pollutant criteria U.S. EPA promulgated through the CTR. The State Water Board

adopted amendments to the SIP on February 24, 2005, that became effective on July 13,

2005. The SIP establishes implementation provisions for priority pollutant criteria and

objectives, and provisions for chronic toxicity control. Requirements of this Order implement

the SIP.

4. Antidegradation Policy. Federal regulations at 40 C.F.R. section 131.12 requires that state

water quality standards include an antidegradation policy consistent with the federal policy.

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Attachment F – Fact Sheet F-10

The State Water Board established California’s antidegradation policy through State Water

Board Resolution 68-16, which is deemed to incorporate the federal antidegradation policy

where the federal policy applies under federal law. Resolution 68-16 requires that existing

water quality be maintained unless degradation is justified based on specific findings. The

Basin Plan implements, and incorporates by reference, both the State and federal

antidegradation policies. Permitted discharges must be consistent with the antidegradation

provisions of 40 C.F.R. section 131.12 and State Water Board Resolution 68-16. (See Fact

Sheet § IV.D.1 Antidegradation.)

5. Domestic Water Quality. In accordance with Water Code section 106.3, it is the policy of

the State of California is that every human being has the right to safe, clean, affordable, and

accessible water adequate for human consumption, cooking, and sanitary purposes. This

Order complies with that policy by requiring discharges to meet maximum contaminant

levels (MCLs) designed to protect human health and ensure that water is safe for domestic

use.

6. Anti-Backsliding Requirements. CWA sections 402(o) and 303(d)(4) and 40 C.F.R. section

122.44(l) 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.2 Anti-

Backsliding.)

7. 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.A.

§§ 1531 to 1544). This Order requires compliance with effluent limits, receiving water limits,

and other requirements to protect beneficial uses, including protecting rare, threatened, or

endangered species. The Discharger is responsible for meeting all applicable Endangered

Species Act requirements.

8. Mercury Provisions. On May 2, 2017, the State Water Board adopted Resolution 2017-

0027, which approved Final Part 2 of the Water Quality Control Plan for Inland Surface

Waters, Enclosed Bays, and Estuaries of California—Tribal and Subsistence Fishing

Beneficial Uses and Mercury Provisions (Mercury Provisions), thereby establishing water

quality objectives for mercury in most State waters. The Mercury Provisions (section III.D.3)

supersede the freshwater mercury water quality objectives in Basin Plan Table 3-4.

Requirements of this Order implement the Mercury Provisions.

D. Impaired Waters on CWA 303(d) List. In April 2018, U.S. EPA approved a revised list of

impaired waters prepared pursuant to CWA section 303(d), which requires identification of

specific water bodies where it is expected that water quality standards will not be met after

implementation of technology-based effluent limitations on point sources. Where necessary, the

Regional Water Board plans to adopt Total Maximum Daily Loads (TMDLs) for waters on the

303(d) list to establish wasteload allocations for point sources and load allocations for nonpoint

sources and thus achieve the water quality standards. Permanente Creek is listed as impaired due

to selenium, diazinon, toxicity, and trash:

1. Selenium. Available information suggests that Facility discharges are the predominant

source of selenium in Permanente Creek. The Regional Water Board intends to resolve the

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Attachment F – Fact Sheet F-11

selenium impairment by adopting this Order, which contains effluent limitations and requires

implementation of BMPs sufficient to achieve water quality standards in Permanente Creek.

This Order also contains monitoring and reporting requirements to allow the Regional Water

Board to evaluate progress toward achieving the water quality standards and eliminating the

impairment.

2. Diazinon and Toxicity. On May 16, 2007, U.S. EPA approved a TMDL for diazinon

(a pesticide) and pesticide-related toxicity in urban creeks as set forth in Basin Plan

section 7.1.1. The TMDL allocates the entire wasteload allocations for diazinon and

pesticide-related toxicity to municipal stormwater. Available data do not indicate that Facility

discharges contain diazinon or pesticide-related toxicity. As explained in Fact Sheet section

IV.C.3.f, Facility discharges do not pose a reasonable potential to cause or contribute to

exceedance of the Basin Plan’s toxicity objective. Nevertheless, this Order requires toxicity

monitoring to ensure that any potential sources of toxicity other than pesticides are identified

and resolved.

3. Trash. Facility discharges are not a source of trash to Permanente Creek. The Regional

Water Board addressed the trash impairment when it reissued the Municipal Separate Storm

Sewer System NPDES permit (NPDES Permit No. CAS612008).

IV. RATIONALE FOR EFFLUENT LIMITATIONS AND DISCHARGE SPECIFICATIONS

The Clean Water Act requires point source dischargers to control the amount of conventional, nonconventional,

and toxic pollutants discharged into 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. 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

receiving waters.

A. Discharge Prohibitions

1. Prohibitions in this Order

a. Discharge Prohibition III.A (No discharge other than as described in this Order): This

prohibition is based on 40 C.F.R. section 122.21(a), duty to apply, and Water Code

section 13260, which requires filing an application and Report of Waste Discharge before

discharges can occur. Discharges not described in the permit application and Report of

Waste Discharge, and subsequently in this Order, are prohibited.

b. Discharge Prohibition III.B (No flow above 167,000 gph at Discharge Point Nos. 001

and 007 combined): This prohibition ensures that wastewater flows do not exceed the

design capacity of the wastewater treatment system.

c. Discharge Prohibition III.C (No discharge other than that due to precipitation at

Discharge Point Nos. 002 and 004 through 006): This prohibition ensures that these

discharge points only discharge stormwater.

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

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Attachment F – Fact Sheet F-12

d. Discharge Prohibition III.D (No discharge of kiln exhaust cooling water): This

prohibition ensures that elevated temperature wastewater will not be discharged to

Permanente Creek. During normal plant operations all kiln exhaust cooling water is

evaporated. Because this Order includes this prohibition, an effluent temperature

limitation is unnecessary.

2. Exception to Shallow Water Discharge Prohibition. Basin Plan Table 4-1, Discharge

Prohibition 1, prohibits discharges not receiving a minimum of 10:1 initial dilution. Basin

Plan section 4.2 provides for exceptions under certain circumstances:

• 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 consequences of such discharges.

This Order grants an exception for discharges to Permanente Creek for the following reasons:

a. An inordinate burden would be placed on the Discharger relative to the beneficial uses

protected to require the discharge to achieve 10:1 dilution in Permanente Creek.

Upstream flow in Permanente Creek is insufficient to achieve 10:1 dilution consistently

throughout the year, and constructing and operating a deepwater outfall to provide

consistent dilution (e.g., in San Francisco Bay) would require construction and operation

of a discharge pipe several miles long.

b. For treated wastewater discharges from Discharge Point Nos. 001 and 007, the

Discharger will provide an equivalent level of environmental protection through

advanced treatment to minimize pollutants and comply with this Order’s stringent

effluent limitations. Furthermore, the Discharger will be able to contain untreated or

partially treated wastewater in the quarry pit in case of possible treatment upset, allowing

it to be re-routed for treatment prior to discharge.

c. For stormwater discharges from Discharge Point Nos. 002 and 004 through 006,

Provision VI.A.3 of this Order and Attachment S require the Discharger to provide an

equivalent level of environmental protection by developing and implementing BMPs

reflecting best industry practice considering technological availability and economic

practicability to comply with effluent limits and minimize pollutants in stormwater.

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Attachment F – Fact Sheet F-13

B. Technology-Based Effluent Limitations

1. Scope and Authority

CWA section 301(b) and 40 C.F.R. section 122.44 require that permits include conditions

meeting technology-based requirements at a minimum and any more stringent effluent

limitations necessary to meet water quality standards. The discharges this Order authorizes

must meet minimum federal technology-based requirements based on U.S. EPA-promulgated

Effluent Limitations Guidelines for the Cement Manufacturing Point Source Category at

40 C.F.R. section 411 and the Mining Point Source Category at 40 C.F.R. section 436. The

effluent limitations established by these codes and their applicability to the discharges

permitted by this Order are summarized below and in Table F-5:

• Regulations at 40 C.F.R. section 411 subpart A (Nonleaching Subcategory) apply to

process wastewater from nonleaching cement manufacturing directed to Discharge Point

Nos. 001 and 007.

• Regulations at 40 C.F.R. section 411 subpart C (Materials Storage Piles Runoff

Subcategory) apply to Discharge Point Nos. 001, 002, and 004 through 007 because these

discharges contain runoff from raw materials, intermediate products, finished products, or

waste materials.

• Regulations at 40 C.F.R. section 436 subparts B (Crushed Stone Subcategory) and C

(Construction Sand and Gravel Subcategory) apply to Discharge Point Nos. 001 and 007

because these discharges contain mine dewatering water or wastewater associated with

mining and processing crushed stone, such as the limestone used in cement

manufacturing and the construction aggregate produced at the Facility.

The requirements of these Effluent Limit Guidelines are summarized below. The Basin Plan

contains additional requirements for certain pollutants.

Table F-6. Technology-Based Requirements for Cement Manufacturing and Mining

Parameter Maximum Daily Effluent Limitation

40 C.F.R. section 411 subpart A

(applicable to Discharge Point Nos. 001 and 007)

Total Suspended Solids (TSS) (process wastewater) 0.0050 pounds per 1,000 pounds product

Temperature [1] Not to exceed 3°C rise above inlet temperature

40 C.F.R. section 411 subpart C

(applicable to Discharge Point Nos. 001, 002, and 004 through 007)

TSS (runoff) [2] 50 mg/L

pH 6.0 – 9.0 standard units

40 C.F.R. section 436 subparts B and C

(applicable to Discharge Point Nos. 001 and 007)

pH 6.0 – 9.0 standard units

Footnotes:

[1] Because Facility cooling water is evaporated after use and not discharged, this Order does not implement this limit.

[2] Untreated overflow from facilities designed, constructed, and operated to treat the volume of runoff from materials storage

associated with a 10-year 24-hour rain event is not subject to this limitation. Because none of the Facility’s ponds meet these

conditions, all discharges covered by this Order are subject to this limitation.

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Attachment F – Fact Sheet F-14

2. Effluent Limitations

Rationales for this Order’s technology-based effluent limitations are presented below:

a. Discharge Point Nos. 001 and 007

Discharges from Discharge Point Nos. 001 and 007 are subject to the Effluent Limitation

Guidelines as set forth in Table F-6.

i. Total Suspended Solids (TSS). The TSS effluent limitation applies to the combined

discharge from Discharge Point Nos. 001 and 007, monitored at Monitoring

Locations EFF-001 and EFF-007, and is based on the rate of cement production in

accordance with 40 C.F.R. section 411 subpart A (Non-leaching Subcategory). The

Discharger’s Report of Waste Discharge reports its production rate as 11,520,000

pounds (lbs) of Portland cement per day. The maximum daily TSS limit is therefore

calculated as follows:

11,520,000 lbs cement /day x 0.005 lbs TSS / 1,000 lbs cement = 58 lbs/day TSS

This Order does not contain the TSS effluent limitations in Basin Plan Table 4-2

because the Basin Plan states, “[the TSS limits] will not be used to preempt Effluent

Guideline Limitations.”

ii. Oil and Grease. The oil and grease effluent limitations are based on Basin Plan

Table 4-2.

iii. pH. The pH effluent limitations are based on Basin Plan Table 4-2, which is more

stringent than 40 C.F.R. sections 411 and 436.

iv. Total Residual Chlorine. The total residual chlorine effluent limitation is based on

Basin Plan Table 4-2. Chlorine may be present when potable water is used onsite as

make-up Primary Crusher wash water, Rock Plant wash water, Truck Wash water, or

dust suppression water.

v. Settleable Matter. The settleable matter effluent limitations are based on Basin Plan

Table 4-2.

b. Discharge Point Nos. 002, 004, 005, and 006

Discharges from Discharge Point Nos. 002, 004, 005, and 006 are subject to the Effluent

Limitation Guidelines in 40 C.F.R. section 411 subpart C (Materials Storage Piles Runoff

Subcategory).

i. Total Suspended Solids (TSS). The TSS effluent limitation is based on 40 C.F.R.

section 411, Subpart C (Materials Storage Piles Runoff Subcategory). This Order

does not contain the TSS effluent limitations in Basin Plan Table 4-2 because the

Basin Plan states, “[the TSS limits] will not be used to preempt Effluent Guideline

Limitations.”

ii. Oil and Grease. The oil and grease effluent limitations are based on Basin Plan

Table 4-2.

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Attachment F – Fact Sheet F-15

iii. pH. The pH effluent limitations are based on Basin Plan Table 4-2, which is more

stringent than 40 C.F.R. sections 411 and 436.

iv. Settleable Matter. The settleable matter effluent limitations are based on Basin Plan

Table 4-2.

C. Water Quality-Based Effluent Limitations

1. Scope and Authority

This Order contains water quality-based effluent limitations (WQBELs) that protect

beneficial uses. 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)(1)(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, such as a proposed state criterion or policy interpreting a narrative criterion,

supplemented with 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 and protect designated uses of receiving waters as

specified in the Basin Plan. When numeric effluent limitations are infeasible, 40 C.F.R. part

122.44(k) allows WQBELs to be expressed narratively, such as through BMPs.

2. Beneficial Uses and Water Quality Criteria and Objectives

Discharge Point Nos. 001, 002, and 004 through 007 discharge to Permanente Creek. Fact

Sheet section III.C.1, above, identifies the beneficial uses of Permanente Creek. Water

quality criteria and objectives to protect these beneficial uses are described below:

a. Basin Plan Objectives. The Basin Plan specifies numerous water quality objectives,

such as numeric objectives for 10 priority pollutants and un-ionized ammonia, and

narrative objectives for toxicity and bioaccumulation. Because Permanente Creek has the

MUN beneficial use based on State Water Board Resolution No. 88-63 (see Fact Sheet

§ III.C.1), drinking water standards (i.e., maximum contaminant levels) also apply as

water quality objectives.

i. Ammonia. Basin Plan section 3.3.20 contains a water quality objective for un-ionized

ammonia of 0.025 mg/L as an annual median for San Francisco Bay region receiving

waters. Effluent and receiving water data are available for total ammonia, but not unionized

ammonia, because (1) sampling and laboratory methods are unavailable to

analyze for un-ionized ammonia, and (2) the fraction of total ammonia that exists in

the toxic un-ionized form depends on pH, salinity, and temperature of the receiving

water.

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Attachment F – Fact Sheet F-16

To translate the un-ionized ammonia objectives into total ammonia criteria, pH,

salinity, and temperature data collected at Monitoring Location RSW-001A from

March 2016 through July 2018 were used. The un-ionized fraction of total ammonia

was calculated using the following equation, which applies to waters with salinities

less than 1 part per thousand (ppt) (Ambient Water Quality Criteria for Ammonia

(Saltwater)–1989, EPA Publication 440/5-88-004, 1989):

For salinity < 1 ppt: fraction of NH3 =

Where:

pK = 0.09018 + 2729.92/(T)

T = temperature in Kelvin

The median un-ionized ammonia fraction was then used to express the annual average

un-ionized objective as a chronic total ammonia criterion. This approach is consistent

with U.S. EPA guidance on translating dissolved metal water quality objectives to

total recoverable metal water quality criteria (U.S. EPA, 1996, The Metals

Translator: Guidance for Calculating a Total Recoverable Limit form a Dissolved

Criterion, EPA Publication 823-B96-007). The equivalent chronic total ammonia

criterion is 1.2 mg/L.

ii. Dioxin-TEQ. The narrative bioaccumulation objective (Basin Plan section 3.3.2)

states, “Many pollutants can accumulate on particulates, in sediments, or

bioaccumulate in fish and other aquatic organisms. Controllable water quality factors

shall not cause a detrimental increase in concentrations of toxic substances found in

bottom sediments or aquatic life. Effects on aquatic organisms, wildlife, and human

health will be considered.” Because it is the consensus of the scientific community

that dioxins and furans associate with particulates, accumulate in sediments, and

bioaccumulate in the fatty tissue of fish and other organisms, the Basin Plan’s

narrative bioaccumulation water quality objective applies to these pollutants. Elevated

levels of dioxins and furans in San Francisco Bay fish tissue demonstrate that the

narrative bioaccumulation water quality objective is not being met. U.S. EPA has

therefore placed Lower San Francisco Bay on its 303(d) list of receiving waters

where water quality objectives are not being met after imposition of applicable

technology-based requirements.

When the CTR was promulgated, U.S. EPA stated its support for the regulation of

dioxin and dioxin-like compounds through the use of toxicity equivalencies (TEQs).

U.S. EPA stated, “For California waters, if the discharge of dioxin or dioxin-like

compounds has reasonable potential to cause or contribute to a violation of a narrative

criterion, numeric WQBELs for dioxin or dioxin-like compounds should be included

in NPDES permits and should be expressed using a TEQ scheme” (Fed. Reg. Vol. 65,

No. 97, pages 31695-31696, May 18, 2000). This Order uses a TEQ scheme based on

a set of toxicity equivalency factors (TEFs) the World Health Organization developed

in 2005, and a set of bioaccumulation equivalency factors (BEFs) U.S. EPA

developed for the Great Lakes region (40 C.F.R. § 132, Appendix F) to convert the

concentration of any congener of dioxin or furan into an equivalent concentration of

2,3,7,8-tetrachlorinated dibenzo-p-dioxin (2,3,7,8-TCDD). Although the 2005 World

1 10( )

1

+ pK− pH

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Attachment F – Fact Sheet F-17

Health Organization scheme includes TEFs for dioxin-like PCBs, they are not

included in this Order’s TEQ scheme. The CTR has established a specific water

quality criterion for PCBs, and dioxin-like PCBs are included in the analysis of total

PCBs.

The CTR establishes a numeric water quality objective for 2,3,7,8-TCDD of

1.4 x 10-8 μg/L for the protection of human health when aquatic organisms are

consumed. This CTR criterion is used as a criterion for dioxin TEQ because

dioxin-TEQ represents a toxicity-weighted concentration equivalent to

2,3,7,8-TCDD, thus translating the narrative bioaccumulation objective into a

numeric criterion.

iii. Chronic Toxicity. The narrative toxicity objective (Basin Plan section 3.3.18) states,

“All waters shall be maintained free of toxic substances in concentrations that are

lethal to or that produce other detrimental responses in aquatic organisms.... There

shall be no chronic toxicity in ambient waters. Chronic toxicity is a detrimental

biological effect on growth rate, reproduction, fertilization success, larval

development, population abundance, community composition, or any other relevant

measure of the health of an organism, population, or community. Attainment of this

objective will be determined by analyses of indicator organisms, species diversity,

population density, growth anomalies, or toxicity tests…, or other methods selected

by the Water Board.”

For this Order, this narrative objective is translated into a numeric criterion of 1.0

chronic toxicity unit (TUc). At 1.0 TUc, there is no observable detrimental effect

when the indicator organism is exposed to 100 percent effluent; therefore, 1.0 TUc is

a direct translation of the narrative objective into a number. Moreover, in U.S. EPA’s

Technical Support Document for Water Quality-based Toxics Control (Technical

Support Document) (EPA/505/2-90-001, March 1991; see section 3.3.3, Step 3:

Decision Criteria for Permit Limit Development), U.S. EPA recommends that

1.0 TUc be used as a criterion continuous concentration (typically a four-day

average). It further states that reasonable potential is shown where an effluent is

projected to cause an excursion above the criterion continuous concentration. This

document applies here as guidance because it directly addresses effluent

characterization for toxicity.

iv. Temperature. Permanente Creek supports warm water and cold water habitat

beneficial uses; therefore, the temperature water quality objectives in Basin Plan

section 3.3.17 apply:

• The natural receiving water temperature of inland surface waters shall not

be altered unless it can be demonstrated to the satisfaction of the Regional

Board that such alteration in temperature does not adversely affect

beneficial uses.

• The temperature of any cold or warm freshwater habitat shall not be

increased by more than 5°F [degrees Fahrenheit] (2.8°C [degrees Celsius])

above natural receiving water temperature.

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Attachment F – Fact Sheet F-18

b. Mercury Provisions Objectives. The Mercury Provisions specify water column criteria

for mercury depending on water body type and beneficial uses. Permanente Creek is a

flowing water body that supports cold freshwater habitat; warm freshwater habitat;

preservation of rare, threatened, or endangered species; and wildlife habitat beneficial

uses. Mercury Provisions section IV.D.2.b, Table 1, establish an annual average total

mercury criterion of 0.012 μg/L for Permanente Creek water.

c. California Toxics Rule Criteria. The CTR specifies numeric aquatic life and human

health criteria for numerous priority pollutants. These criteria apply to inland surface

waters and enclosed bays and estuaries. Some human health criteria are for consumption

of “water and organisms” and others are for consumption of “organisms only.” The CTR

criteria applicable to “water and organisms” apply to Permanente Creek because it is

considered a potential source of drinking water, as described in Fact Sheet section III.C.1,

above.

d. National Toxics Rule Criteria. The NTR establishes numeric aquatic life and human

health criteria for a number of toxic pollutants for San Francisco Bay waters upstream to

and including Suisun Bay and the Sacramento-San Joaquin Delta. The NTR criteria apply

to Permanente Creek.

e. Receiving Water Salinity. Basin Plan section 4.6.2 (like the CTR and NTR) states that

the salinity characteristics (i.e., freshwater versus saltwater) of the receiving water are to

be considered in determining the applicable water quality objectives. Freshwater criteria

apply to discharges to waters with salinities equal to or less than one part per thousand

(ppt) at least 95 percent of the time. Saltwater criteria apply to discharges to waters with

salinities equal to or greater than 10 ppt at least 95 percent of the time in a normal water

year. For discharges to waters with salinities between these two categories, or tidallyinfluenced

freshwaters that support estuarine beneficial uses, the water quality objectives

are the lower of the salt or freshwater objectives (the latter calculated based on ambient

hardness) for each substance.

Permanente Creek is an inland freshwater stream as confirmed by salinity data collected

in from 2014 through 2018. No salinity greater than 1 ppt was detected in any sample.

Permanente Creek is therefore classified as freshwater, and the reasonable potential

analysis and WQBELs are based on freshwater water quality criteria and objectives.

f. Receiving Water Hardness. Ambient hardness data are used to calculate freshwater

water quality objectives that are hardness dependent. The water quality objectives for this

Order are based on a hardness of 280 mg/L as CaCO3, which is the geometric mean of

observed hardness at the confluence of Wild Violet Creek and Permanente Creek

(Monitoring Location RSW-001A as defined in the Monitoring and Reporting Program).

3. Need for Water Quality-Based Effluent Limitations (Reasonable Potential Analysis)

Assessing whether a pollutant has reasonable potential to cause or contribute to exceedances

of a water quality objective is the fundamental step in determining whether a WQBEL is

required. The reasonable potential analysis presented below applies to Discharge Point

Nos. 001 and 007, where process wastewaters are actively generated and discharged. These

process wastewater discharges are subject to numeric WQBELs where reasonable potential is

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Attachment F – Fact Sheet F-19

indicated. Stormwater discharges from Discharge Point Nos. 002 and 004 through 006 are

subject to narrative WQBELs.

a. Methodology. State Implementation Policy section 1.3 sets forth the methodology used

for this Order for assessing whether a priority pollutant has reasonable potential to exceed

a water quality objective. SIP section 1.3 applies to priority pollutants and is used here

for dioxin-TEQ, ammonia, total dissolved solids, turbidity, chloride, and phenols, as

guidance. The analysis begins with identifying the maximum effluent concentration

(MEC) observed for each pollutant based on available effluent concentration data and the

ambient background concentration (B). State Implementation Policy section 1.4.3 states

that ambient background concentrations are either the maximum ambient concentration

observed or, for water quality objectives intended to protect human health, the arithmetic

mean of observed concentrations. There are three triggers in determining reasonable

potential:

i. Trigger 1 is activated if the maximum effluent concentration is greater than or equal

to the lowest applicable water quality objective (MEC water quality objective).

ii. Trigger 2 is activated if the ambient background concentration observed in the

receiving water is greater than the water quality objective (B > water quality

objective) and the pollutant is detected in any effluent sample.

iii. Trigger 3 is activated if a review of other information indicates that a WQBEL is

needed to protect beneficial uses.

The Mercury Provisions (section IV.D.2.c) modify SIP section 1.3 for mercury. The

maximum effluent concentration and ambient background concentration are maximum

annual averages, calculated as the arithmetic mean over each calendar year, with nondetect

results estimated as half the method detection limit.

b. Effluent Data. The reasonable potential analysis for this Order is based on effluent data

from Discharge Point No. 001 that the Discharger collected from October 2017 through

July 2018, after the FTS was installed, for most inorganics, and from December 2014

through April 2017, the latest data available, for most organics. For Mercury, effluent

data from Discharge Point No. 001 collected from May 2014 through July 2018 are

considered because they are reasonably representative relative to the mercury water

quality objective and allow calculation of annual averages.

All the Facility’s process wastewaters, including those currently discharged from

Discharge Point No. 001, will be treated by the FTS and discharged from Discharge Point

Nos. 001 and 007. Therefore, while the reasonable potential analysis is based on data

from Discharge Point No. 001, the analysis conclusions and any resulting limits apply to

both Discharge Point Nos. 001 and 007.

.

c. Ambient Background Data. The reasonable potential analysis for this Order is based on

background data collected from May 2014 through July 2018 at Monitoring Location

RSW-001A. This location was chosen based on its accessibility, geological

appropriateness, likely perennial flow, and lack of chemical influences from the Facility

or other land uses (Background Monitoring Locations Plan and Reporting, Water Code

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Attachment F – Fact Sheet F-20

section 13267 Order No. R2-2013-1005, Order Item No. 6, Golder Associates, March 6,

2013).

d. Reasonable Potential Analysis. The maximum effluent concentrations, most stringent

applicable water quality criteria and objectives, and ambient background concentrations

used in the analysis are presented in the following table, along with the reasonable

potential analysis results (yes or no) for each pollutant. The pollutants that exhibit

reasonable potential are antimony, chromium (VI), and selenium.

We find that chromium (VI) has a reasonable potential to be discharged at a

concentration that could cause or contribute to an exceedance of water quality objectives

in Permanente Creek by Trigger 3, above, based on a combination of factors. While

chromium (VI) has not been discharged in excess of its water quality objectives since the

Discharger installed the FTS, sufficient information is not yet available to fully assess

FTS performance and reliability. The Discharger has operated the FTS for less than

twelve months during two normal rainy seasons (the Discharger does not operate the FTS

during the dry season). The FTS is complex and, while capable of meeting stringent

limits for metals, has not been used to meet effluent limitations as stringent as those in

this Order or the previous order at other sites. Standard operating procedures are therefore

unavailable from the manufacturer and the Discharger has had to refine its treatment

operations to meet these limits. Chromium (VI) is potentially toxic if insufficiently

treated, and the discharge receives no dilution. Moreover, chromium (VI) is a potential

drinking water contaminant, and Permanente Creek’s beneficial uses include municipal

supply and groundwater recharge (see Fact Sheet Table F-5), which are of particular

community concern. Also, the Discharger has a history of compliance problems, despite

its improved performance.

Table F-7. Reasonable Potential Analysis

CTR # Pollutant

C or Governing

Criterion or

Objective (μg/L)

MEC or Minimum

DL [1][2] (μg/L)

B or Minimum

DL [1][2] (μg/L) Result [3]

1 Antimony 6.0 7.3 < 0.11 Yes

2 Arsenic 10 7 0.94 No

3 Beryllium 4.0 0.42 < 0.14 No

4 Cadmium 2.5 1.3 < 0.11 No

5a Chromium (III) 50 41 < 5.0 No

5b Chromium (VI) 11 4.7 0.66 Yes

6 Copper 22 6.5 1.5 No

7 Lead 12 0.13 1.7 No

8 Mercury[4] 0.012 0.0075 0.0063 No

9 Nickel 100 41 2.6 No

10 Selenium 5.0 15 0.68 Yes

11 Silver 24 < 0.020 0.15 No

12 Thallium 1.7 < 0.10 < 0.10 No

13 Zinc 287 160 8.5 No

14 Cyanide 5.2 < 1.4 88 No

15 Asbestos 7,000,000 < 0.19 < 0.19 No

16 2,3,7,8-TCDD (Dioxin) 1.30E-08 < 1.3E-07 < 1.4E-07 U

17 Acrolein 320 < 1.0 < 1.0 No

18 Acrylonitrile 0.059 < 0.15 < 0.40 U

19 Benzene 1.0 < 0.053 < 0.050 No

20 Bromoform 4.3 < 0.050 < 0.050 No

21 Carbon Tetrachloride 0.25 < 0.050 < 0.050 No

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Attachment F – Fact Sheet F-21

CTR # Pollutant

C or Governing

Criterion or

Objective (μg/L)

MEC or Minimum

DL [1][2] (μg/L)

B or Minimum

DL [1][2] (μg/L) Result [3]

22 Chlorobenzene 70 < 0.050 < 0.050 No

23 Chlorodibromomethane 0.40 < 0.053 < 0.053 No

24 Chloroethane No Criteria < 0.055 < 0.053 U

25 2-Chloroethylvinyl Ether No Criteria < 0.20 < 0.20 U

26 Chloroform No Criteria < 0.050 < 0.050 U

27 Dichlorobromomethane 0.56 < 0.050 < 0.050 No

28 1,1-Dichloroethane 5.0 < 0.050 < 0.050 No

29 1,2-Dichloroethane 0.38 < 0.059 < 0.059 No

30 1,1-Dichloroethylene 0.057 < 0.050 < 0.050 No

31 1,2-Dichloropropane 0.52 < 0.072 < 0.050 No

32 1,3-Dichloropropylene 0.50 Unavailable < 0.24 U

33 Ethylbenzene 300 < 0.50 < 0.050 No

34 Methyl Bromide 48 < 0.12 < 0.066 No

35 Methyl Chloride No Criteria < 0.050 < 0.050 U

36 Methylene Chloride 4.7 < 0.11 < 0.080 No

37 1,1,2,2-Tetrachloroethane 0.17 < 0.076 < 0.076 No

38 Tetrachloroethylene 0.80 < 0.053 < 0.053 No

39 Toluene 150 < 0.050 < 0.050 No

40 1,2-Trans-Dichloroethylene 10 < 0.060 < 0.050 No

41 1,1,1-Trichloroethane 200 < 0.055 < 0.055 No

42 1,1,2-Trichloroethane 0.60 < 0.085 < 0.077 No

43 Trichloroethylene 2.7 < 0.063 < 0.063 No

44 Vinyl Chloride 0.50 < 0.068 < 0.068 No

45 Chlorophenol 120 < 0.65 < 0.37 No

46 2,4-Dichlorophenol 93 < 0.60 < 0.26 No

47 2,4-Dimethylphenol 540 < 0.52 < 0.30 No

48 2-Methyl-4,6-Dinitrophenol 13 < 2.2 < 0.34 No

49 2,4-Dinitrophenol 70 < 2.4 < 0.20 No

50 2-Nitrophenol No Criteria < 0.42 < 0.28 U

51 4-Nitrophenol No Criteria < 1.7 < 0.66 U

52 3-Methyl-4-Chlorophenol No Criteria 1.6 < 0.42 U

53 Pentachlorophenol 0.28 < 0.45 < 0.43 U

54 Phenol 21,000 < 0.37 < 0.20 No

55 2,4,6-Trichlorophenol 2.1 < 0.43 < 0.34 No

56 Acenaphthene 1,200 < 0.48 < 0.22 No

57 Acenaphthylene No Criteria < 0.64 < 0.20 U

58 Anthracene 9,600 < 0.79 < 0.20 No

59 Benzidine 0.00012 < 5.3 < 2.7 U

60 Benzo(a)Anthracene 0.0044 < 0.52 < 0.30 U

61 Benzo(a)Pyrene 0.0044 < 0.73 < 0.20 U

62 Benzo(b)Fluoranthene 0.0044 < 0.66 < 0.41 U

63 Benzo(ghi)Perylene No Criteria < 0.94 < 0.48 U

64 Benzo(k)Fluoranthene 0.0044 < 0.80 < 0.31 U

65 Bis(2-Chloroethoxy)Methane No Criteria < 0.58 < 0.27 U

66 Bis(2-Chloroethyl)Ether 0.031 < 0.52 < 0.68 U

67 Bis(2-Chloroisopropyl)Ether 1,400 < 0.73 < 0.30 No

68 Bis(2-Ethylhexyl)Phthalate 1.8 < 1.1 < 0.20 No

69 4-Bromophenyl Phenyl Ether No Criteria < 0.69 < 0.20 U

70 Butylbenzyl Phthalate 3,000 < 0.59 < 0.26 No

71 2-Chloronaphthalene 1,700 < 0.50 < 0.23 No

72 4-Chlorophenyl Phenyl Ether No Criteria < 0.68 < 0.20 U

73 Chrysene 0.0044 < 0.73 < 0.26 U

74 Dibenzo(a,h)Anthracene 0.0044 < 0.92 < 0.26 U

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Attachment F – Fact Sheet F-22

CTR # Pollutant

C or Governing

Criterion or

Objective (μg/L)

MEC or Minimum

DL [1][2] (μg/L)

B or Minimum

DL [1][2] (μg/L) Result [3]

75 1,2-Dichlorobenzene 600 < 0.050 < 0.050 No

76 1,3-Dichlorobenzene 400 < 0.050 < 0.050 No

77 1,4-Dichlorobenzene 5.0 < 0.050 < 0.050 No

78 3,3-Dichlorobenzidine 0.040 < 0.88 < 0.41 U

79 Diethyl Phthalate 23,000 < 0.85 < 0.20 No

80 Dimethyl Phthalate 313,000 < 0.55 < 0.25 No

81 Di-n-Butyl Phthalate 2,700 < 0.74 < 0.20 No

82 2,4-Dinitrotoluene 0.11 < 0.99 < 0.26 U

83 2,6-Dinitrotoluene No Criteria < 0.74 < 0.41 U

84 Di-n-Octyl Phthalate No Criteria < 0.85 < 0.31 U

85 1,2-Diphenylhydrazine 0.040 < 0.70 < 0.34 U

86 Fluoranthene 300 < 0.70 < 0.20 No

87 Fluorene 1,300 < 0.73 < 0.20 No

88 Hexachlorobenzene 0.00075 < 0.71 < 0.20 U

89 Hexachlorobutadiene 0.44 < 0.59 < 0.24 U

90 Hexachlorocyclopentadiene 50 < 0.26 < 0.30 No

91 Hexachloroethane 1.9 < 0.52 < 0.32 No

92 Indeno(1,2,3-cd) Pyrene 0.0044 < 0.92 < 0.26 No

93 Isophorone 8.4 < 0.51 < 0.31 No

94 Naphthalene No Criteria < 0.62 < 0.20 U

95 Nitrobenzene 17 < 0.55 < 0.26 No

96 N-Nitrosodimethylamine 0.00069 < 0.45 < 0.56 U

97 N-Nitrosodi-n-Propylamine 0.0050 < 0.80 < 0.56 U

98 N-Nitrosodiphenylamine 5.0 < 0.80 < 0.27 No

99 Phenanthrene No Criteria < 0.60 < 0.20 U

100 Pyrene 960 < 0.62 < 0.26 No

101 1,2,4-Trichlorobenzene 5.0 < 0.67 < 0.24 No

102 Aldrin 0.00013 < 0.00025 < 0.0019 No

103 alpha-BHC 0.0039 < 0.00022 < 0.0018 No

104 beta-BHC 0.014 < 0.00041 < 0.0019 No

105 gamma-BHC 0.019 < 0.00019 < 0.0011 No

106 delta-BHC No Criteria < 0.00027 < 0.0012 U

107 Chlordane 0.00057 < 0.076 < 0.048 No

108 4,4-DDT 0.00059 < 0.00016 < 0.0011 No

109 4,4-DDE 0.00059 < 0.0018 < 0.0014 No

110 4,4-DDD 0.00083 < 0.00033 < 0.0018 No

111 Dieldrin 0.00014 < 0.0012 < 0.00078 No

112 alpha-Endosulfan 0.056 < 0.00031 < 0.00086 No

113 beta-Endosulfan 0.056 < 0.00027 < 0.0018 No

114 Endosulfan Sulfate 110 < 0.00051 < 0.0012 No

115 Endrin 0.036 < 0.00017 < 0.0025 No

116 Endrin Aldehyde 0.76 < 0.00051 < 0.0017 No

117 Heptachlor 0.00021 < 0.00023 < 0.00050 No

118 Heptachlor Epoxide 0.00010 < 0.00020 < 0.00080 No

119-

125 PCBs sum 0.00017 Unavailable Unavailable U

126 Toxaphene 0.00020 < 0.084 < 0.20 No

Total Ammonia (mg/L N) 1.2 0.13 Unavailable No

Total Dissolved Solids (mg/L) 1,000 810 289 No

Turbidity (NTU) 5.0 5.0 3.6 No

Chloride (mg/L) 500 Unavailable 12 U

Phenols 1.0 < 0.037 < 0.20 No

Trihalomethanes (Total) 80 < 0.050 < 0.050 No

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Attachment F – Fact Sheet F-23

Footnotes:

[1] The maximum effluent concentration and ambient background concentration are the actual detected concentrations unless

preceded by a “<” sign, in which case the value shown is the minimum detection level (DL).

[2] The maximum effluent concentration or ambient background concentration is “Unavailable” when there are no monitoring data

for the constituent.

[3] RPA Results = Yes, if MEC ≥ WQC, B > WQC and MEC is detected, or Trigger 3

= No, if MEC and B are < WQC or all effluent data are undetected

= Undetermined (U), if no criteria have been promulgated or data are insufficient.

[4] The Mercury Provisions supersede Basin Plan Table 3-4 (see Fact Sheet § III.C.9). In accordance with the Mercury Provisions,

the water quality objective (C), MEC, and B are annual averages calculated as described in Fact Sheet section IV.C.3.a.

e. Acute Toxicity. Basin Plan section 4.5.5.3.1 requires acute toxicity monitoring and

limitations, implying there is reasonable potential for the discharge to cause or contribute

to exceedances of the acute toxicity water quality objective.

f. Chronic Toxicity. From October 2017 through April 2018, the Discharger obtained four

chronic toxicity results from Monitoring Location EFF-001 that were representative of

the discharge. (Results obtained during January, March, and April 2018 are omitted as

unrepresentative because the FTP’s peroxide injection system was not operating correctly

during those months.) None of those results exceed 1.0 TUc. Therefore, none exceeded

the translated chronic toxicity water quality objective of 1.0 TUc (see Fact Sheet section

IV.C.2.a.iii), and there is no reasonable potential for the discharge to cause or contribute

to exceedances of the chronic toxicity water quality objective.

g. Temperature. Permanente Creek supports warm and cold water habitat beneficial uses;

Basin Plan temperature objectives therefore apply. Temperature data from effluent

Monitoring Location EFF-001 and receiving water Monitoring Locations RSW-001,

001A, and 002 through 004 indicate that Facility discharges did not impact receiving

water temperature before or after the FTS was installed. The Monitoring and Reporting

Program requires monitoring of background, effluent, and downstream receiving water

temperatures to support future reasonable potential analysis.

4. Water Quality-Based Effluent Limitation Calculations

For Discharge Point Nos. 001 and 007, numeric WQBELs were developed for the pollutants

determined to have reasonable potential to cause or contribute to exceedances of water

quality objectives. Except for acute toxicity (discussed below), these WQBELs are based on

the procedure specified in SIP section 1.4, as required for priority pollutants and as guidance

for the other pollutants.

WQBELs for Discharge Point Nos. 002 and 004 through 006 are narrative based on Basin

Plan section 4.8 and 40 C.F.R. part 122.44(k). These WQBELs are set forth in

Provision VI.A.3 and Attachment S, as amended. U.S. EPA’s NPDES Permit Writers’

Manual (EPA-833-K-10-001, September 2010, page 9-4) indicates that numeric effluent

limits are infeasible “when the types of pollutants vary greatly over time.” For many

pollutants at Discharge Point Nos. 002 and 004 through 006, numeric WQBELs are

infeasible because the pollutants in stormwater vary greatly over time. Storms occur

irregularly, unpredictably, uncontrollably, and occasionally in large volumes for short

periods, so the resulting types of pollutants mobilized by storm runoff vary greatly.

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Attachment F – Fact Sheet F-24

a. Dilution Credits. SIP section 1.4.2 allows dilution credits under certain circumstances.

Because neither Discharge Point No. 001 nor 007 is submerged, has a diffuser, or

achieves any dilution, no dilution credit is used in the calculation of WQBELs.

b. Calculations. The following table shows the WQBEL calculations:

Table F-8. WQBEL Calculations

PRIORITY POLLUTANTS Antimony

Chromium

(VI) Selenium

Units μg/L μg/L μg/L

Basis and Criteria type

Title 22

Primary

MCL

BP & CTR

FW Aquatic

Life

CTR

Chronic

Criteria -Acute — 16 20

Criteria -Chronic — 11 5.0

Water Effects Ratio (WER) 1 1 1

Lowest WQO 6.0 11 5.0

Dilution Factor (D)

(if applicable) 0 0 0

No. of samples per month 4 4 4

Aquatic life criteria analysis

required? (Y/N) N Y Y

HH criteria analysis required?

(Y/N) Y N N

Applicable Acute WQO 16 20

Applicable Chronic WQO 11 5.0

HH criteria 6.0 — —

Background (Maximum Conc

for Aquatic Life calc) 0.11 0.66 0.68

Background (Average Conc

for Human Health calc) 0.11 — —

Is the pollutant on the 303d list

and/or bioaccumulative (Y/N)? N N Y

ECA acute — 16 20

ECA chronic — 11 5.0

ECA HH 6.0 — —

Number of data points <10 or

at least 80% of data reported

non detect? (Y/N) Y N N

Avg of effluent data points 4.6 0.71 1.1

Std Dev of effluent data points 3.2 0.87 1.0

CV calculated N/A 1.2 0.89

CV (Selected) – Final 0.60 1.2 0.89

ECA acute mult99 — 0.17 0.23

ECA chronic mult99 — 0.32 0.41

LTA acute — 2.8 4.5

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Attachment F – Fact Sheet F-25

PRIORITY POLLUTANTS Antimony

Chromium

(VI) Selenium

Units μg/L μg/L μg/L

LTA chronic — 3.5 2.0

minimum of LTAs — 2.8 2.0

AMEL mult95 1.6 2.2 1.8

MDEL mult99 3.1 5.8 4.4

AMEL (aq life) — 6.0 3.7

MDEL (aq life) — 16 9.0

MDEL/AMEL Multiplier 2.0 2.7 2.4

AMEL (human hlth) 6.0 — —

MDEL (human hlth) 12 — —

minimum of AMEL for

Aq. life vs HH 6.0 6.0 3.7

minimum of MDEL for

Aq. Life vs HH 12 16 9.0

Previous order limit

(30-day average) — 8.0 4.1

Previous order limit (daily) — 16 8.2

Final limit – AMEL 6.0 6.0 3.7

Final limit – MDEL 12 16 8.2

5. Acute Toxicity

This Order includes acute toxicity effluent limitations based on Basin Plan Table 4-3. Based

on Basin Plan section 3.3.20, if the Discharger can demonstrate that ammonia causes acute

toxicity exceeding the acute toxicity limitations in this Order, and that the ammonia in the

discharge complies with the ammonia effluent limitations in this Order, then such toxicity

does not constitute a violation of the effluent limitations for whole effluent acute toxicity.

D. Discharger 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

effluent limitations in a reissued permit to be as stringent as those in the previous order. The

requirements of this Order are at least as stringent as those in the previous order, except for

WQBELs for nickel, mercury, thallium, TDS, and turbidity at Discharge Point No. 001, and

technology-based requirements for turbidity at Discharge Point Nos. 002, 004, and 005.

a. This Order does not retain the previous order’s nickel, mercury, thallium, TDS, or

turbidity WQBELs at Discharge Point No. 001 because effluent data for those pollutants

no longer indicate reasonable potential to exceed of water quality objectives. Not

retaining those limits is consistent with State Water Board Order No. WQ 2001-16.

b. This Order does not retain the previous order’s technology-based effluent limit for

turbidity at Discharge Point Nos. 002, 004, and 005 because that limit was based on

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Attachment F – Fact Sheet F-26

inapplicable guidance. The Discharger enrolled the Facility under the General Waste

Discharge Requirements for Discharges of Process Wastewaters from Aggregate Mining,

Sand Washing, and Sand Offloading Facilities to Surface Waters (NPDES General

Permit No. CAG982001) (Sand and Gravel Permit), which imposed a turbidity limit

based on aggregate mining facilities within San Francisco Bay Region. The previous

order imposed the same turbidity limit based on the Sand and Gravel Permit. However,

the discharges should have been subject to the Effluent Limitations Guidelines for cement

manufacturing, as discussed in Fact Sheet section IV.B.1. Backsliding is therefore

permissible under CWA section 402(o)(2)(B)(ii) and 40 C.F.R. section 122.44(l).

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 does not authorize lowering

water quality as compared to the level of discharge authorized in the previous order, which is

the baseline by which to measure whether degradation will occur. This Order does not allow

for a reduced level of treatment or increased volume of discharge, nor does it increase effluent

limitations relative to the previous order.

3. Stringency of Requirements for Individual Pollutants. This Order contains both

technology-based effluent limits and WQBELs for individual pollutants. The technologybased

requirements implement minimum, applicable federal technology-based requirements.

In addition, this Order contains more stringent effluent limitations as necessary to meet water

quality standards, including selenium effluent limitations intended to achieve water quality

standards for selenium in Permanente Creek, as discussed in Fact Sheet section III.D.

Collectively, this Order’s restrictions on individual pollutants are no more stringent than

required to implement CWA requirements.

This Order’s WQBELs have been derived to implement water quality objectives that protect

beneficial uses. The beneficial uses and water quality objectives have been approved

pursuant to federal law and are the applicable federal water quality standards. To the extent

that WQBELs were derived from the CTR, the CTR is the applicable standard pursuant to

40 C.F.R. section 131.38. The procedures for calculating these WQBELs are based on the

CTR, as implemented in accordance with the SIP, which U.S. EPA approved on May 18,

2000. U.S. EPA approved most Basin Plan beneficial uses and water quality objectives 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,

so they are applicable water quality standards pursuant to 40 C.F.R. section 131.21(c)(2).

V. RATIONALE FOR RECEIVING WATER LIMITATIONS

The receiving water limitations in sections V.A.1 and V.A.2 of this Order are based on Basin Plan

narrative and numeric water quality objectives. The receiving water limitation in section V.A.3 of

this Order requires compliance with water quality standards.

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Attachment F – Fact Sheet 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.

The conditions set forth in 40 C.F.R. sections 122.41(a)(1) and (b) through (n) apply to all stateissued

NPDES permits and must be incorporated into the permits either expressly or by

reference.

Attachment G contains regional standard provisions that supplement the federal standard

provisions in Attachment D. In accordance with 40 C.F.R. section 123.25(a)(12), states may omit

or modify the federal standard conditions to impose more stringent requirements. This Order

omits federal conditions that address enforcement authority specified in 40 C.F.R. sections

122.41(j)(5) and (k)(2) because the State’s enforcement authority under the Water Code is more

stringent. In lieu of these conditions, this Order incorporates Water Code section 13387(e) by

reference.

Attachment S contains stormwater provisions consistent with the State Water Board’s General

Permit for Stormwater Discharges Associated with Industrial Activities (NPDES No.

CAS000001) (Industrial General Permit), including requirements for the Discharger to prepare a

Stormwater Pollution Prevention Plan, to evaluate BMP performance using stormwater action

levels (stormwater action levels are not effluent limitations), and to submit an annual stormwater

report. This Order modifies Attachment S to include stormwater action levels appropriate for this

Facility. For each toxic pollutant with an effluent limit at Discharge Point Nos. 001 and 007 but

no stormwater action level in the Industrial General Permit or U.S.EPA’s 2015 Multi-Sector

General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP), this

Order establishes the lowest acute water quality objective as the stormwater action level. It does

not retain the stormwater action level for conductivity of 200 micromhos per centimeter

(μmhos/cm) from the previous order because, based on monitoring data collected at Monitoring

Location RSW-001A, background conductivity exceeds the stormwater action level. Electrical

conductivity at Monitoring Location RSW-001A ranged from 279 to 630 μmhos/cm with an

average value of 492 μmhos/cm.

B. Monitoring and Reporting

Pursuant to 40 C.F.R. section 122.48, NPDES permits must specify requirements for recording

and reporting monitoring results. Water Code sections 13267 and 13383, and 40 C.F.R. sections

122.41(h) and (j), authorize the Regional Water Board to require technical and monitoring

reports. This Order establishes monitoring and reporting requirements, contained in the

Monitoring and Reporting Program (Attachment E), that implement federal and State

requirements. For more background regarding these requirements, see Fact Sheet section VII.

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Attachment F – Fact Sheet F-28

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.

2. Effluent Characterization Study and Report

This Order does not include effluent limitations for priority 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

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 SIP section 2.4.5.

4. Receiving Water Data Reporting

This Order requires the Discharger to upload receiving water data to the California

Environmental Data Exchange Network (CEDEN) to the extent that CEDEN accommodates

the data type. This requirement ensures that the public can access these data through

CEDEN’s database, and that the State and Regional Water Boards can use these data to

evaluate whether Permanente Creek meets water quality standards pursuant to CWA section

303(d).

5. Dry Season Discharge Requirements

This provision is necessary to maintain existing aquatic habitat beneficial uses between

Discharge Point Nos. 001 and 007. Aquatic habitat beneficial uses within this reach include

cold freshwater habitat (e.g., trout) and preservation of rare, threatened, or endangered

species (e.g., California red-legged frogs).

6. Selenium in Fish Tissue Reasonable Potential Study

This provision may be necessary to conduct future reasonable potential analyses for the

Discharger’s selenium discharges to Permanente Creek because U.S. EPA has proposed new

water quality standards for California for selenium in freshwater (Water Quality Standards;

Establishment of a Numeric Criterion for Selenium for the State of California, Fed. Reg.

Vol. 83, No. 239, December 13, 2018, pages 64059-64078). If U.S. EPA or the State of

California promulgates these draft standards (or similar standards), subsequent reasonable

potential analyses would need to be based on the new standards. As drafted, the proposed

standards would establish tiered water quality criteria. Proposed fish tissue criteria would

supersede water column criteria and could serve as the basis for a reasonable potential

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Attachment F – Fact Sheet F-29

analysis. The required study would be conducted in phases. The requirements recognize and

reflect the potentially limited availability of fish to sample and analyze.

VII. MONITORING AND REPORTING PROGRAM (MRP)

Attachment E contains the MRP for this Order. It specifies sampling stations, pollutants to be

monitored (including all parameters for which effluent limitations are specified), monitoring

frequencies, and reporting requirements. The following provides the rationale for the MRP

requirements.

A. MRP Requirements Rationale

The MRP’s monitoring and reporting requirements are based on California Water Code section

13267 and are necessary to inform the next permit reissuance; to collect data needed to evaluate

progress toward resolving the selenium impairment of Permanente Creek, as discussed in Fact

Sheet section III.D; and to ensure that any potential toxicity in Permanente Creek other than

pesticides is identified and resolved, as discussed in Fact Sheet section III.D. The reports

required by the MRP are necessary to accomplish the foregoing and to ensure compliance with

this Order. The Discharger is subject to these requirements because it owns and operates the

Facility, which discharges wastes subject to this Order. The burden, including costs, of the

monitoring and reporting, bears a reasonable relationship to the need to achieve water quality

standards for selenium and aquatic toxicity in Permanente Creek, and to ensure permit

compliance.

1. Effluent Monitoring. Effluent flow monitoring is necessary at Monitoring Locations

EFF-001 and EFF-007 to evaluate compliance with Prohibition III.B and to understand

Facility operations. Effluent flow monitoring is necessary at Monitoring Locations EFF-002,

EFF-004, EFF-005, and EFF-006 to evaluate the Discharger’s management of Facility

stormwater. Monitoring for the other parameters is necessary at Monitoring Locations

EFF-001, EFF-002, EFF-004, EFF-005, EFF-006, and EFF-007 to evaluate compliance with

this Order’s effluent limitations and to conduct future reasonable potential analyses.

Monitoring is also needed at Monitoring Locations EFF-002, EFF 004, EFF-005, and

EFF 006 to evaluate the effectiveness of the Discharger’s stormwater BMPs by comparing

discharge concentrations with stormwater action levels.

2. Receiving Water Monitoring. Receiving water monitoring is necessary to characterize the

receiving water (e.g., to provide background values for future reasonable potential analyses)

and the effects of the discharges on the receiving water (i.e., to determine compliance with

receiving water limitations). Monitoring Location RSW-001A represents background water

quality based on the Background Monitoring Report (Golder Associates, March 22, 2013),

which found that Monitoring Location RSW-001A is unaffected by Facility operations, is

accessible for sampling, and has similar geologic conditions as the discharge locations.

Monitoring Locations RSW-001, RSW-002, and RSW-004 represent conditions immediately

downstream of the discharge points. Monitoring Locations RSW-005, RSW-006, and

RSW-007 represent conditions farther downstream of the Facility.

By including Monitoring Locations RSW-005, RSW-006, and RSW-007 within this Order’s

MRP, the Order updates receiving water monitoring requirements the Executive Officer

imposed through an August 1, 2018, order to provide technical information pursuant to

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Attachment F – Fact Sheet F-30

Water Code section 13267. In doing so, this Order contains monitoring and reporting

requirements to allow the Regional Water Board to evaluate progress toward resolving the

selenium impairment of Permanente Creek.

3. Toxicity Testing. Acute toxicity tests are necessary to evaluate compliance with acute

toxicity effluent limitations. Chronic toxicity tests are necessary for future reasonable

potential analysis and to evaluate whether chronic toxicity triggers the need for a Toxicity

Reduction Evaluation. By including chloride, total hardness as CaCO3, sulfate, chronic

toxicity, and trace metals monitoring at Monitoring Locations RSW-004 and RSW-005

within this Order’s MRP, the Order updates receiving water monitoring requirements the

Executive Officer imposed through an August 1, 2018, order to provide technical information

pursuant to Water Code section 13267. In doing so, this Order contains monitoring and

reporting requirements to allow the Regional Water Board to evaluate progress toward

resolving the toxicity impairment of Permanente Creek.

4. Other Monitoring Requirements. Pursuant to CWA section 308, U.S. EPA requires major

and selected minor dischargers to participate in a Discharge Monitoring Report-Quality

Assurance (DMR-QA) Study Program. The program annually evaluates the analytical

abilities of laboratories that perform or support NPDES permit-required 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.

B. Monitoring Requirements Summary

The table below summarizes routine monitoring requirements. This table is for informational

purposes only. The actual requirements are specified in the MRP and elsewhere in this Order.

Table F-9. Monitoring Requirements Summary

Parameter

Effluent

EFF-001

and EFF-007

Effluent

EFF-002

and EFF-004

through

EFF-006

Receiving

Water

RSW-001

and

RSW-001A

Receiving

Water

RSW-002

Receiving

Water

RSW-004

Receiving Water

RSW-005

through

RSW-007

Chloride — — 1/Year [1] — 1/Quarter 1/Quarter [2]

Conductivity — 1/Quarter [3] — — —

Dissolved Oxygen — — [3] 1/Quarter [3] [3]

Flow Continuous/D [4] 1/Month [4] [3] 1/Quarter [3] [3]

Hardness — — 1/Year [5] — 1/Quarter 1/Quarter [2]

Oil and Grease 1Quarter 1/Quarter [6] — — — —

pH Continuous/D

or 1/Day [7] 1/Quarter [3] 1/Quarter [3] [3]

Settleable Matter 1/Month 1/Quarter 1/Year [5] — — —

Sulfate — — 1/Quarter [1] — 1/Quarter 1/Quarter [2]

Temperature 1/Month — [3] 1/Quarter [3] [3]

Total Residual Chlorine [7] 1/Day — — — — —

TSS 1/Week 1/Quarter [3] 1/Quarter [3] [3]

Turbidity — — 1/Year 1/Quarter 1/Quarter 1/Quarter

Acute Toxicity 1/Quarter — — — — —

Antimony 1/Month 1/Quarter 1/Year 1/Quarter 1/Quarter 1/Quarter

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Attachment F – Fact Sheet F-31

Parameter

Effluent

EFF-001

and EFF-007

Effluent

EFF-002

and EFF-004

through

EFF-006

Receiving

Water

RSW-001

and

RSW-001A

Receiving

Water

RSW-002

Receiving

Water

RSW-004

Receiving Water

RSW-005

through

RSW-007

Chromium (VI) 1/Month 1/Quarter 1/Year 1/Quarter 1/Quarter 1/Quarter

Chronic Toxicity 1/Quarter — 1/Quarter [1] — 1/Quarter 1/Quarter [2]

Mercury 1/Quarter 1/Year 1/Year 1/Year — 1/Year [8]

Nickel 1/Month 1/Quarter 1/Year 1/Quarter 1/Quarter 1/Quarter

Selenium [9, 10] 1/Week [3] [3] 1/Quarter [3] [3]

TDS 1/Quarter — 1/Year 1/Year 1/Year 2/Year

Trace Metals [11] — — 1/Quarter [1] — 1/Quarter [2] 1/Quarter [2]

Other priority pollutants [12] 1/Year — 1/Year — — —

Standard Observations [13] 1/Day — [3] 1/Quarter 1/Quarter [3]

Visual Observations [14] — Each

Occurrence — — — —

Unit Abbreviations:

μg/L = micrograms per liter

μmhos/cm = micromhos per centimeter

mg/L = milligrams per liter

mL/L-hr = milliliters per liter-hour

MG = million gallons

NTU = nephelometric turbidity units

Sampling Frequencies:

Each Occurrence = each significant stormwater discharge, defined as a continuous discharge of stormwater for a minimum of one hour,

or an intermittent discharge of stormwater for a minimum of three hours, in a 12-hour period. Visual observations are

only required in daylight during scheduled facility operating hours.

Continuous/Day = measured continuously, recorded and reported at least daily

1/Day = once per day

1/Week = once per week

1/Month = once per month

2/Month = twice per month

1/Quarter = once per quarter

1/Year = once per year

Footnotes:

[1] To be monitored at Monitoring Location RSW-001. Monitoring is not required at RSW-001A.

[2] Chloride, total hardness as CaCO3, sulfate, chronic toxicity, and trace metals are to be monitored at Monitoring Locations RSW-004

and RSW-005 only.

[3] The monitoring frequency is to be monthly during the wet season (November 1 through April 30) and twice during the dry season

(May 1 through October 31).

[4] The following flow information is to be reported:

• Daily average flow (gpd)

• Total monthly flow volume (MG)

[5] Hardness and settleable matter shall be monitored at Monitoring Location RSW-001A. Hardness and settleable matter monitoring is

not required at Monitoring Location RSW-001

[6] At Monitoring Location EFF-006, total organic carbon may be substituted for oil and grease.

[7] pH and total residual chlorine are to be monitored once per day, Monday through Friday, at Monitoring Locations EFF-001 and

EFF-007. If pH is monitored continuously, the minimum and maximum pH values for each day are to be reported in self-monitoring

reports.

[8] Mercury shall be monitored at Monitoring Location RSW-005. Mercury monitoring is not required at Monitoring Locations RSW-006

and RSW-007.

[9] The Discharger may reduce the monitoring frequency from 1/Week to 2/Month at one or both locations where full compliance with

the selenium effluent limitations has been demonstrated for at least the most recent two years. Before the Discharger may reduce the

monitoring frequency, it shall obtain written confirmation from the Executive Officer.

[10] Selenium samples are to be collected at Monitoring Locations EFF-002, EFF-004, EFF-005, and EFF-006 during the first significant

stormwater discharge of the wet season (November 1 through April 30) that occurs in daylight during scheduled Facility operating

hours.

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Attachment F – Fact Sheet F-32

[11] Trace metals are total recoverable, arsenic, cadmium, total chromium, copper, molybdenum, thallium, vanadium, and zinc. They

are to be monitored concurrently with chronic toxicity.

[12] The Discharger is to monitor for the pollutants listed in Attachment G, Table B

[13] Standard observations are listed in Attachment G section III.B.2.

[14] Visual observations are to be as required by Attachment S section II.A.

VIII.PUBLIC PARTICIPATION

The Regional Water Board considered the issuance of this Order that will serve as an NPDES permit

for the Facility. As a step in the Order adoption process, Regional Water Board staff developed a

tentative Order and encouraged public participation in the Order adoption process.

A. Notification of Interested Parties. The Regional Water Board notified the Discharger and

interested agencies and persons of its intent to prescribe WDRs for the discharge and provided an

opportunity to submit written comments and recommendations. Notification was provided

through the Cupertino Courier. The public had access to the agenda and any changes in dates

and locations through the Regional Water Board’s website at

http://www.waterboards.ca.gov/sanfranciscobay.

B. Written Comments. Interested persons were invited to submit written comments concerning the

tentative WDRs as explained through the notification process. Comments were due either in

person or by mail at the Regional Water Board office at 1515 Clay Street, Suite 1400, Oakland,

California 94612, to the attention of John H Madigan, P.E. For full staff response and Regional

Water Board consideration, the written comments were due at the Regional Water Board office

by 5:00 p.m. on May 3, 2019.

C. Public Hearing. The Regional Water Board held a public hearing on the tentative WDRs during

its regular meeting at the following date and time, and at the following location:

Date: July 10, 2019

Time: 9:00 a.m.

Location: Elihu Harris State Office Building

1515 Clay Street, 1st Floor Auditorium

Oakland, CA 94612

Contact: John H. Madigan, (510) 622-2405, John.Madigan@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’s 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 action:

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

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Attachment F – Fact Sheet F-33

State Water Resources Control Board

Office of Chief Counsel

P.O. Box 100, 1001 I Street

Sacramento, CA 95812-0100

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. Information and Copying. The Report of Waste Discharge, related supporting documents, and

comments received are on file and may be inspected at the address above at any time between

9:00 a.m. and 5:00 p.m., Monday through Friday. Copying of documents may be arranged by

calling (510) 622-2300.

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 Regional Water Board,

reference the 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 John H. Madigan, (510) 622-2405, John.Madigan@waterboards.ca.gov.

ATTACHMENT G

REGIONAL STANDARD PROVISIONS

AND MONITORING AND REPORTING REQUIREMENTS

(SUPPLEMENT TO ATTACHMENT D)

November 2017

Attachment G – Regional Standard Provisions i

Contents

I. STANDARD PROVISIONS – PERMIT COMPLIANCE........................................................................ G-1

A. Duty to Comply ........................................................................................................................................ G-1

B. Need to Halt or Reduce Activity Not a Defense ...................................................................................... G-1

C. Duty to Mitigate ....................................................................................................................................... G-1

1. Contingency Plan............................................................................................................................... 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......................................................................................................................................... G-2

F. Inspection and Entry................................................................................................................................. G-2

G. Bypass ...................................................................................................................................................... G-2

H. Upset......................................................................................................................................................... G-2

I. Other......................................................................................................................................................... G-3

II. STANDARD PROVISIONS – PERMIT ACTION.................................................................................... G-3

III. STANDARD PROVISIONS – MONITORING ......................................................................................... G-3

A. Sampling and Analyses ............................................................................................................................ G-3

1. Certified Laboratories ........................................................................................................................ 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 ................................................................................................. G-6

A. Records to be Maintained......................................................................................................................... G-6

B. Records of Monitoring ............................................................................................................................. G-6

1. Analytical Information....................................................................................................................... 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

C. Claims of Confidentiality ......................................................................................................................... G-7

V. STANDARD PROVISIONS – REPORTING ............................................................................................ G-8

A. Duty to Provide Information .................................................................................................................... G-8

B. Signatory and Certification Requirements ............................................................................................... G-8

C. Monitoring Reports .................................................................................................................................. G-8

1. Self-Monitoring Reports .................................................................................................................... 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

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment G – Regional Standard Provisions ii

VII. ADDITIONAL PROVISIONS – NOTIFICATION LEVELS .............................................................. G-13

VIII. DEFINITIONS ......................................................................................................................................... G-13

LEHIGH SOUTHWEST CEMENT COMPANY Order No. R2-2019-0024

PERMANENTE PLANT NPDES No. CA0030210

Attachment G – Regional Standard Provisions G-1

REGIONAL STANDARD PROVISIONS, AND MONITORING AND

REPORTING REQUIREMENTS

APPLICABILITY

This document supplements the requirements of Federal Standard Provisions (Attachment D). For

clarity, 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 I.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 I.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 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.

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Attachment G – Regional Standard Provisions 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:

a. Identify the possible sources of accidental discharge, untreated or partially-treated 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 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

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Attachment G – Regional Standard Provisions G-3

I. Other – Addition to Attachment D

1. Neither the treatment nor the discharge of pollutants shall create pollution, contamination, or

nuisance as defined by California Water Code section 13050.

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 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 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).

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Attachment G – Regional Standard Provisions G-4

iv. Effluent sampling for conventional pollutants shall occur on at least one day of any

multiple-day 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

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

(b) The Discharger shall analyze for total ammonia nitrogen and calculate the

amount of un-ionized 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, 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 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

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Attachment G – Regional Standard Provisions G-5

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 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 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 24-hour 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 other

constituents with effluent limitations, except oil and grease, mercury, PCBs,

dioxin-TEQ, 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.

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).

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Attachment G – Regional Standard Provisions 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.

3. 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.

4. 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

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.

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Attachment G – Regional Standard Provisions 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).

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. 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).

4. Treatment Process Bypasses. For all treatment process bypasses, including wet weather

blending, records shall include the following:

a. Chronological log of treatment process bypasses;

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.

5. 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

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Attachment G – Regional Standard Provisions G-8

V. STANDARD PROVISIONS – REPORTING

A. Duty to Provide Information – Not Supplemented

B. Signatory and Certification Requirements – Not Supplemented

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 submitted in a selfmonitoring

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 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.

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Attachment G – Regional Standard Provisions 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, 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 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.c.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

levels (MLs) to zero. The Discharger shall calculate and report dioxin-TEQ using the

following formula, where the MLs, toxicity equivalency factors (TEFs), and

bioaccumulation equivalency factors (BEFs) are as provided in Table A:

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Attachment G – Regional Standard Provisions G-10

Dioxin-TEQ = Σ (Cx× TEFx × 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

Minimum

Level

(pg/L)

2005 Toxicity

Equivalency

Factor

(TEF)

Bioaccumulation

Equivalency

Factor

(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

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.

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,

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:

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Attachment G – Regional Standard Provisions G-11

(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

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

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);

iii. Nature of material spilled;

iv. Quantity of material spilled;

v. Receiving water body affected, if any;

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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. 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 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.

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:

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;

1 California Code of Regulations, Title 23, section 2250(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.

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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

H. Other Noncompliance – Not supplemented

I. Other Information – Not supplemented

VI. STANDARD PROVISION – ENFORCEMENT – Not Supplemented

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

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:

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Attachment G – Regional Standard Provisions G-14

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:

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 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):

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 flowbased

composites, the proportion of each grab sample included in the composite sample shall be

within plus or minus five percent (+/-5%) of the representative flow of the waste stream being

measured at the time of grab sample collection. Alternatively, equal volume grab samples may

be individually analyzed with the flow-weighted average calculated by averaging flow-weighted

ratios of each grab sample analytical result. Grab 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).

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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 partiallytreated

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.

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Attachment G – Regional Standard Provisions G-16

Table B

List of Monitoring Parameters, Analytical Methods, and Minimum Levels1 (μg/L)

CTR

No. Pollutant/Parameter Analytical

Method2 GC GCMS LC Color FAA GFAA ICP ICP

MS SPGFAA HYD

RIDE CVAA DCP

1 Antimony 204.2 — — — — 10 5 50 0.5 5 0.5 — 1,000

2 Arsenic 206.3 — — — 20 — 2 10 2 2 1 — 1,000

3 Beryllium — — — — 20 0.5 2 0.5 1 — — 1,000

4 Cadmium 200 or 213 — — — — 10 0.5 10 0.25 0.5 — — 1,000

5a Chromium (III) SM 3500 — — — — — — — — — — — —

5b Chromium (VI) SM 3500 — — — 10 5 — — — — — — 1,000

Chromium (total)3 SM 3500 — — — — 50 2 10 0.5 1 — — 1,000

6 Copper 200.9 — — — — 25 5 10 0.5 2 — — 1,000

7 Lead 200.9 — — — — 20 5 5 0.5 2 — — 10,000

8 Mercury 1631

(note)4 — — — — — — — — — — — —

9 Nickel 249.2 — — — — 50 5 20 1 5 — — 1,000

10 Selenium

200.8 or

SM 3114B

or C

— — — — — 5 10 2 5 1 — 1,000

11 Silver 272.2 — — — — 10 1 10 0.25 2 — — 1,000

12 Thallium 279.2 — — — — 10 2 10 1 5 — — 1,000

13 Zinc 200 or 289 — — — — 20 — 20 1 10 — — —

14 Cyanide SM 4500

CN- C or I — — — 5 — — — — — — — —

15 Asbestos (only required for

dischargers to MUN waters)5 0100.2 6 — — — — — — — — — — — —

16 2,3,7,8-TCDD and 17

congeners (Dioxin) 1613 — — — — — — — — — — — —

17 Acrolein 603 2.0 5 — — — — — — — — — —

18 Acrylonitrile 603 2.0 2 — — — — — — — — — —

19 Benzene 602 0.5 2 — — — — — — — — — —

33 Ethylbenzene 602 0.5 2 — — — — — — — — — —

39 Toluene 602 0.5 2 — — — — — — — — — —

20 Bromoform 601 0.5 2 — — — — — — — — — —

21 Carbon Tetrachloride 601 0.5 2 — — — — — — — — — —

22 Chlorobenzene 601 0.5 2 — — — — — — — — — —

23 Chlorodibromomethane 601 0.5 2 — — — — — — — — — —

24 Chloroethane 601 0.5 2 — — — — — — — — — —

25 2-Chloroethylvinyl Ether 601 1 1 — — — — — — — — — —

26 Chloroform 601 0.5 2 — — — — — — — — — —

75 1,2-Dichlorobenzene 601 0.5 2 — — — — — — — — — —

76 1,3-Dichlorobenzene 601 0.5 2 — — — — — — — — — —

1 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.

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 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 ug/l).

4 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 ug/l).

5 MUN = Municipal and Domestic Supply. This designation, if applicable, is in the Findings of the permit.

6 Determination of Asbestos Structures over 10 [micrometers] in Length in Drinking Water Using MCE Filters, U.S. EPA 600/R-94-134,

June 1994.

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Attachment G – Regional Standard Provisions G-17

CTR

No. Pollutant/Parameter Analytical

Method2 GC GCMS LC Color FAA GFAA ICP ICP

MS SPGFAA HYD

RIDE CVAA DCP

77 1,4-Dichlorobenzene 601 0.5 2 — — — — — — — — — —

27 Dichlorobromomethane 601 0.5 2 — — — — — — — — — —

28 1,1-Dichloroethane 601 0.5 1 — — — — — — — — — —

29 1,2-Dichloroethane 601 0.5 2 — — — — — — — — — —

30 1,1-Dichloroethylene or

1,1-Dichloroethene 601 0.5 2 — — — — — — — — — —

31 1,2-Dichloropropane 601 0.5 1 — — — — — — — — — —

32 1,3-Dichloropropylene or

1,3-Dichloropropene 601 0.5 2 — — — — — — — — — —

34 Methyl Bromide or

Bromomethane 601 1.0 2 — — — — — — — — — —

35 Methyl Chloride or

Chloromethane 601 0.5 2 — — — — — — — — — —

36 Methylene Chloride or

Dichloromethane 601 0.5 2 — — — — — — — — — —

37 1,1,2,2-Tetrachloroethane 601 0.5 1 — — — — — — — — — —

38 Tetrachloroethylene 601 0.5 2 — — — — — — — — — —

40 1,2-Trans-Dichloroethylene 601 0.5 1 — — — — — — — — — —

41 1,1,1-Trichloroethane 601 0.5 2 — — — — — — — — — —

42 1,1,2-Trichloroethane 601 0.5 2 — — — — — — — — — —

43 Trichloroethene 601 0.5 2 — — — — — — — — — —

44 Vinyl Chloride 601 0.5 2 — — — — — — — — — —

45 2-Chlorophenol 604 2 5 — — — — — — — — — —

46 2,4-Dichlorophenol 604 1 5 — — — — — — — — — —

47 2,4-Dimethylphenol 604 1 2 — — — — — — — — — —

48 2-Methyl-4,6-Dinitrophenol or

Dinitro-2-methylphenol 604 10 5 — — — — — — — — — —

49 2,4-Dinitrophenol 604 5 5 — — — — — — — — — —

50 2-Nitrophenol 604 — 10 — — — — — — — — — —

51 4-Nitrophenol 604 5 10 — — — — — — — — — —

52 3-Methyl-4-Chlorophenol 604 5 1 — — — — — — — — — —

53 Pentachlorophenol 604 1 5 — — — — — — — — — —

54 Phenol 604 1 1 — 50 — — — — — — — —

55 2,4,6-Trichlorophenol 604 10 10 — — — — — — — — — —

56 Acenaphthene 610 HPLC 1 1 0.5 — — — — — — — — —

57 Acenaphthylene 610 HPLC — 10 0.2 — — — — — — — — —

58 Anthracene 610 HPLC — 10 2 — — — — — — — — —

60 Benzo(a)Anthracene or 1,2

Benzanthracene 610 HPLC 10 5 — — — — — — — — — —

61 Benzo(a)Pyrene 610 HPLC — 10 2 — — — — — — — — —

62 Benzo(b)Fluoranthene or 3,4

Benzofluoranthene 610 HPLC — 10 10 — — — — — — — — —

63 Benzo(ghi)Perylene 610 HPLC — 5 0.1 — — — — — — — — —

64 Benzo(k)Fluoranthene 610 HPLC — 10 2 — — — — — — — — —

74 Dibenzo(a,h)Anthracene 610 HPLC — 10 0.1 — — — — — — — — —

86 Fluoranthene 610 HPLC 10 1 0.05 — — — — — — — — —

87 Fluorene 610 HPLC — 10 0.1 — — — — — — — — —

92 Indeno(1,2,3-cd) Pyrene 610 HPLC — 10 0.05 — — — — — — — — —

100 Pyrene 610 HPLC — 10 0.05 — — — — — — — — —

68 Bis(2-Ethylhexyl)Phthalate 606 or 625 10 5 — — — — — — — — — —

70 Butylbenzyl Phthalate 606 or 625 10 10 — — — — — — — — — —

79 Diethyl Phthalate 606 or 625 10 2 — — — — — — — — — —

80 Dimethyl Phthalate 606 or 625 10 2 — — — — — — — — — —

81 Di-n-Butyl Phthalate 606 or 625 — 10 — — — — — — — — — —

84 Di-n-Octyl Phthalate 606 or 625 — 10 — — — — — — — — — —

59 Benzidine 625 — 5 — — — — — — — — — —

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Attachment G – Regional Standard Provisions G-18

CTR

No. Pollutant/Parameter Analytical

Method2 GC GCMS LC Color FAA GFAA ICP ICP

MS SPGFAA HYD

RIDE CVAA DCP

65 Bis(2-Chloroethoxy)Methane 625 — 5 — — — — — — — — — —

66 Bis(2-Chloroethyl)Ether 625 10 1 — — — — — — — — — —

67 Bis(2-Chloroisopropyl)Ether 625 10 2 — — — — — — — — — —

69 4-Bromophenyl Phenyl Ether 625 10 5 — — — — — — — — — —

71 2-Chloronaphthalene 625 — 10 — — — — — — — — — —

72 4-Chlorophenyl Phenyl Ether 625 — 5 — — — — — — — — — —

73 Chrysene 625 — 10 5 — — — — — — — — —

78 3,3’-Dichlorobenzidine 625 — 5 — — — — — — — — — —

82 2,4-Dinitrotoluene 625 10 5 — — — — — — — — — —

83 2,6-Dinitrotoluene 625 — 5 — — — — — — — — — —

85 1,2-Diphenylhydrazine (note)7 625 — 1 — — — — — — — — — —

88 Hexachlorobenzene 625 5 1 — — — — — — — — — —

89 Hexachlorobutadiene 625 5 1 — — — — — — — — — —

90 Hexachlorocyclopentadiene 625 5 5 — — — — — — — — — —

91 Hexachloroethane 625 5 1 — — — — — — — — — —

93 Isophorone 625 10 1 — — — — — — — — — —

94 Naphthalene 625 10 1 0.2 — — — — — — — — —

95 Nitrobenzene 625 10 1 — — — — — — — — — —

96 N-Nitrosodimethylamine 625 10 5 — — — — — — — — — —

97 N-Nitrosodi-n-Propylamine 625 10 5 — — — — — — — — — —

98 N-Nitrosodiphenylamine 625 10 1 — — — — — — — — — —

99 Phenanthrene 625 — 5 0.05 — — — — — — — — —

101 1,2,4-Trichlorobenzene 625 1 5 — — — — — — — — — —

102 Aldrin 608 0.005 — — — — — — — — — — —

103 α-BHC 608 0.01 — — — — — — — — — — —

104 β-BHC 608 0.005 — — — — — — — — — — —

105 γ-BHC (Lindane) 608 0.02 — — — — — — — — — — —

106 δ-BHC 608 0.005 — — — — — — — — — — —

107 Chlordane 608 0.1 — — — — — — — — — — —

108 4,4’-DDT 608 0.01 — — — — — — — — — — —

109 4,4’-DDE 608 0.05 — — — — — — — — — — —

110 4,4’-DDD 608 0.05 — — — — — — — — — — —

111 Dieldrin 608 0.01 — — — — — — — — — — —

112 Endosulfan (alpha) 608 0.02 — — — — — — — — — — —

113 Endosulfan (beta) 608 0.01 — — — — — — — — — — —

114 Endosulfan Sulfate 608 0.05 — — — — — — — — — — —

115 Endrin 608 0.01 — — — — — — — — — — —

116 Endrin Aldehyde 608 0.01 — — — — — — — — — — —

117 Heptachlor 608 0.01 — — — — — — — — — — —

118 Heptachlor Epoxide 608 0.01 — — — — — — — — — — —

119-

125

PCBs: Aroclors 1016, 1221,

1232, 1242, 1248, 1254, 1260 608 0.5 — — — — — — — — — — —

126 Toxaphene 608 0.5 — — — — — — — — — — —

7 Measurement for 1,2-Diphenylhydrazine may use azobenzene as a screen: if azobenzene is measured at >1 ug/l, then the Discharger

shall analyze for 1,2-Diphenylhydrazine.

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Attachment G – Regional Standard Provisions i

ATTACHMENT S

STORMWATER PROVISIONS, MONITORING, AND REPORTING

REQUIREMENTS

November 2017

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Attachment S – Stormwater Provisions i

Contents

I. STANDARD PROVISIONS – PERMIT COMPLIANCE......................................................................... S-1

A. Stormwater Pollution Prevention Plan (SWPPP) ...................................................................................... S-1

B. Site Map .................................................................................................................................................... S-1

C. List of Industrial Materials ........................................................................................................................ S-2

D. Potential Pollutant Sources........................................................................................................................ S-2

E. Assessment of Potential Pollutant Sources................................................................................................ S-3

F. Minimum Best Management Practices (BMPs) ........................................................................................ S-4

G. Action Levels and Advanced BMPs.......................................................................................................... S-5

H. BMP Descriptions ..................................................................................................................................... S-6

I. Annual Comprehensive Facility Compliance Evaluation ................................................................. S-6

II. STANDARD PROVISIONS – MONITORING .......................................................................................... S-7

A. Visual Observations .................................................................................................................................. S-7

1. Monthly Visual Observations ............................................................................................................. S-7

2. Sampling Event Visual Observations ................................................................................................. S-7

3. Visual Observation Records ............................................................................................................... S-8

4. SWPPP Revisions ............................................................................................................................... S-8

B. Sampling and Analysis.............................................................................................................................. S-8

III. STANDARD PROVISIONS – REPORTING ............................................................................................. S-8

A. Annual Stormwater Report........................................................................................................................ S-8

IV. DEFINITIONS ............................................................................................................................................... S-9

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Attachment S – Stormwater Provisions S-1

STORMWATER PROVISIONS

APPLICABILITY

These stormwater provisions only apply to facilities that do not direct all stormwater flows from process

areas to a wastewater treatment plant’s headworks or do not enroll in NPDES Permit No. CAS000001

(General Permit for Stormwater Discharges Associated with Industrial Activities).

I. STANDARD PROVISIONS - PERMIT COMPLIANCE

A. Stormwater Pollution Prevention Plan (SWPPP). The Discharger shall prepare a SWPPP that

includes the following elements:

1. Facility name and contact information;

2. Site map;

3. List of industrial materials;

4. Description of potential pollution sources;

5. Assessment of potential pollutant sources;

6. Minimum Best Management Practices (BMPs);

7. Advanced BMPs, if applicable;

8. Monitoring implementation plan;

9. Annual comprehensive facility compliance evaluation; and

10. Date SWPPP initially prepared and dates of each SWPPP amendment.

The SWPPP shall be designed in accordance with good engineering practices to achieve the

following objectives:

• Identify and evaluate all pollutant sources that may affect stormwater discharge quality;

• Identify, assign, and implement control measures and management practices to reduce or

prevent pollutants in stormwater discharges; and

• Identify and describe conditions or circumstances that may require revisions to the SWPPP.

The SWPPP shall be retained onsite, revised whenever necessary, and made available upon

request of any Regional Water Board representative. The SWPPP may be combined with the

Spill Prevention Plan (see Attachment G Provision I.C.2).

B. Site Map. The Discharger shall prepare one or more site maps that include notes, legends, a

north arrow, and other data as appropriate to ensure the map is clear, legible and understandable,

including the following:

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Attachment S – Stormwater Provisions S-2

1. The facility boundary, stormwater drainage areas within the facility boundary, and portions

of any drainage area impacted by discharges from surrounding areas (the maps shall include

the flow direction of each drainage area, on-facility surface water bodies, areas of soil

erosion, and locations of nearby water bodies [e.g., rivers, lakes, wetlands] or municipal

storm drain inlets that may receive the facility’s industrial stormwater discharges and

authorized non-stormwater discharges);

2. Locations of stormwater collection and conveyance systems, associated discharge locations,

and direction of flow (the maps shall include sample locations if different than the discharge

locations);

3. Locations and descriptions of structural control measures (e.g., catch basins, berms, detention

ponds, secondary containment, oil/water separators, diversion barriers) that affect industrial

stormwater discharges, authorized non-stormwater discharges, and run-on;

4. Identification of all impervious areas, including paved areas, buildings, covered storage

areas, or other roofed structures;

5. Locations where materials are directly exposed to precipitation and the locations where

identified significant spills or leaks have occurred; and

6. Areas of industrial activity (the maps shall identify all industrial storage areas and storage

tanks, shipping and receiving areas, fueling areas, vehicle and equipment storage and

maintenance areas, material handling and processing areas, waste treatment and disposal

areas, dust or particulate generating areas, cleaning and material reuse areas, and other areas

of industrial activity that may have potential pollutant sources).

C. List of Industrial Materials. The SWPPP shall contain a list of industrial materials handled at

the facility and the locations where each material is stored, received, shipped, and handled, as

well as the typical quantities and handling frequency.

D. Potential Pollutant Sources. The Discharger shall describe and assess potential stormwater

pollutant sources, including the following:

1. Industrial Processes. Industrial processes may include manufacturing, cleaning,

maintenance, recycling, and disposal. The SWPPP shall describe the type, characteristics,

and approximate quantity of industrial materials used and areas protected by containment

structures and the corresponding containment capacity.

2. Material Handling and Storage Areas. The SWPPP shall describe the type, characteristics,

and quantity of industrial materials handled or stored; shipping, receiving, and loading

procedures; spill and leak prevention and response procedures; and areas protected by

containment structures and the corresponding containment capacity.

3. Dust and Particulate Generating Activities. The SWPPP shall describe the discharge

locations, source type, and characteristics of the dust or particulate pollutant.

4. Significant Spills and Leaks. The Discharger shall evaluate the facility for areas where

spills and leaks can occur. The SWPPP shall list any industrial materials spilled or leaked in

significant quantities and discharged from the facility’s stormwater conveyance system

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Attachment S – Stormwater Provisions S-3

within the previous five years, including but not limited to any chemicals identified in

40 C.F.R. section 302 as reported on U.S. EPA Form R and any oil and hazardous substances

discharged in excess of reportable quantities (40 C.F.R. §§ 110, 117, and 302). The SWPPP

shall also list any industrial materials spilled or leaked in significant quantities that had the

potential to be discharged from the facility’s stormwater conveyance system within the

previous five years. For each listed industrial material spill and leak, the SWPPP shall

include the location, characteristics, and approximate quantity of the material spilled or

leaked; the approximate quantity of the material discharged; the cleanup or remedial actions

taken or planned; the approximate quantity of remaining material that could be discharged;

and the preventive measures taken to ensure that spills or leaks do not reoccur.

5. Non-Stormwater Discharges. The SWPPP shall describe all non-stormwater discharges,

including the source, quantity, frequency, characteristics, and associated drainage area, and

indicate whether these discharges are authorized or unauthorized.

6. Erodible Surfaces. The SWPPP shall describe any facility locations where soil erosion may

be caused by industrial activity, contact with stormwater, authorized and unauthorized

non-stormwater discharges, or run-on from areas surrounding the facility.

E. Assessment of Potential Pollutant Sources. The SWPPP shall include a narrative assessment of

all areas of industrial activity with potential industrial pollutant sources, including, at a

minimum, the following:

1. Facility areas with likely sources of pollutants;

2. Pollutants likely to be present in industrial stormwater discharges;

3. Approximate quantity, physical characteristics (e.g., liquid, powder, solid), and locations of

each industrial material handled, produced, stored, recycled, or disposed;

4. Degree to which the pollutants associated with such materials may be exposed to, and

mobilized by, contact with stormwater;

5. Direct and indirect pathways by which pollutants may be exposed to stormwater;

6. Sampling, visual observation, and inspection records;

7. Effectiveness of existing BMPs to reduce or prevent pollutants in industrial stormwater

discharges; and

8. Estimated effectiveness of implementing, to the extent feasible, minimum BMPs to reduce or

prevent pollutants in industrial stormwater discharges.

Based upon the assessment, the SWPPP shall identify facility areas where the minimum BMPs

described in Provision I.F, below, will not adequately reduce or prevent pollutants in stormwater

discharges and any necessary advanced BMPs, as described in Provision I.G, below, for those

areas.

F. Minimum Best Management Practices (BMPs). The Discharger shall, to the extent feasible,

implement and maintain the following BMPs:

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1. Good Housekeeping. The Discharger shall do the following:

a. Observe all outdoor areas associated with industrial activity, including stormwater

discharge locations, drainage areas, conveyance systems, waste handling and disposal

areas, and perimeter areas affected by off-facility materials or stormwater run-on to

determine housekeeping needs. Any identified debris, waste, spills, tracked materials, or

leaked materials shall be cleaned and disposed of properly;

b. Minimize or prevent material tracking;

c. Minimize dust generated from industrial materials or activities;

d. Ensure that all facility areas impacted by rinse or wash waters are cleaned as soon as

possible;

e. Cover all stored industrial materials that can be readily mobilized by contact with

stormwater;

f. Contain all stored non-solid industrial materials or wastes (e.g., particulates, powders,

shredded paper) that can be transported or dispersed by the wind or contact with

stormwater;

g. Prevent disposal of any rinse or wash waters or industrial materials into the stormwater

conveyance system;

h. Minimize stormwater discharges from non-industrial areas (e.g., stormwater flows from

employee parking areas) that contact industrial areas of the facility; and,

i. Minimize authorized non-stormwater discharges from non-industrial areas (e.g., potable

water, fire hydrant testing) that contact areas of the sanitary or industrial facility.

2. Preventative Maintenance. The Discharger shall (1) identify all equipment and systems

used outdoors that may spill or leak pollutants, (2) observe the identified equipment and

systems to detect leaks or identify conditions that may result in the development of leaks, (3)

establish an appropriate schedule for maintenance of identified equipment and systems, and

(4) establish procedures for prompt maintenance and repair of equipment and maintenance of

systems when conditions exist that may result in the development of spills or leaks.

3. Spill and Leak Prevention and Response. The Discharger shall (1) establish procedures

and controls to minimize spills and leaks; (2) develop and implement spill and leak response

procedures to prevent industrial materials from discharging through the stormwater

conveyance system (spilled or leaked industrial materials shall be cleaned promptly and

disposed of properly); (3) identify and describe all necessary and appropriate spill and leak

response equipment, locations of spill and leak response equipment, and spill or leak

response equipment maintenance procedures; and (4) identify and train appropriate spill and

leak response personnel.

4. Material Handling and Waste Management. The Discharger shall do the following:

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Attachment S – Stormwater Provisions S-5

a. Prevent or minimize handling of industrial materials or wastes that can be readily

mobilized by contact with stormwater during a storm;

b. Contain all stored non-solid industrial materials or wastes (e.g., particulates, powers,

shredded paper) that can be transported or dispersed by the wind or contact with

stormwater;

c. Cover industrial waste disposal containers and industrial material storage containers that

contain industrial materials when not in use;

d. Divert run-on and stormwater generated from within the facility away from all stockpiled

materials;

e. Clean all spills of industrial materials or wastes that occur during handling in accordance

with spill response procedures; and,

f. Observe and clean, as appropriate, any outdoor material or waste handling equipment or

containers that can be contaminated by contact with industrial materials or wastes.

5. Erosion and Sediment Control. The Discharger shall (1) implement effective wind erosion

controls; (2) provide effective stabilization for inactive areas, finished slopes, and other

erodible areas prior to a forecasted storms; (3) maintain effective perimeter controls and

stabilize site entrances and exits to sufficiently control discharges of erodible materials; and

(4) divert run-on and stormwater generated from within the facility away from erodible

materials.

6. Employee Training. The Discharger shall ensure that all personnel implementing the

SWPPP are properly trained with respect to BMP implementation, BMP effectiveness

evaluations, visual observations, and monitoring activities. The Discharger shall identify

which personnel need to be trained, their responsibilities, and the type of training they are to

receive and maintain documentation of completed training and the personnel that received

the training with the SWPPP.

7. Quality Assurance and Record Keeping. The Discharger shall (1) develop and implement

management procedures to ensure that appropriate personnel implement all SWPPP

elements; (2) develop methods of tracking and recording BMP implementation; and (3)

maintain BMP implementation records, training records, and records related to any spills and

clean-up related response activities for a minimum of five years.

G. Action Levels and Advanced BMPs. If the Discharger samples total suspended solids (TSS),

oil and grease, or pH in excess of an action level in Table A, the Discharger shall review the

SWPPP to identify appropriate modifications to existing BMPs or additional BMPs as necessary

to reduce pollutant discharge concentrations to levels below the action level. The Discharger

shall revise the SWPPP accordingly before the next storm, if possible, or as soon as practical,

and in no event later than three months following the exceedance.

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Table A

Stormwater Action Levels

Parameter Unit Instantaneous Action

Level

Annual Action

Level

Total Suspended Solids mg/L 400 100

Oil & Grease mg/L 25 15

pH standard units 6.0-9.0 [1] —

Footnote:

[1] Values below or above this range require action.

If, upon subsequent monitoring, the pollutants measured in Table A continue to exceed their

respective action levels, the Discharger shall further evaluate its BMPs and update its SWPPP

accordingly to include advanced BMPs in addition to the minimum BMPs described in Provision

I.F, above. The Discharger shall, to the extent feasible, implement and maintain any advanced

BMPs identified pursuant to Provision I.E.8, above, as necessary to reduce or prevent discharges

of pollutants in stormwater discharges in a manner that reflects best industry practice considering

technological availability and economic practicability and achievability. Advanced BMPs may

include one or more of the following:

1. Exposure Minimization BMPs. These include storm resistant shelters (either permanent or

temporary) that prevent the contact of stormwater with identified industrial materials.

2. Stormwater Containment and Discharge Reduction BMPs. These include BMPs that

divert, infiltrate, reuse, contain, retain, or reduce the volume of stormwater runoff.

3. Treatment Control BMPs. These include mechanical, chemical, biologic, or any other

treatment technology that will meet the treatment design standard.

H. BMP Descriptions. The SWPPP shall identify each BMP being implemented at the facility,

including the following:

1. The pollutants the BMP is designed to reduce or prevent;

2. The frequency, times of day, or conditions when the BMP is scheduled for implementation;

3. The locations within each area of industrial activity or industrial pollutant source where the

BMP shall be implemented;

4. The individual responsible for implementing the BMP;

5. The procedures, including maintenance procedures, and instructions to implement the BMP

effectively; and

6. The equipment and tools necessary to implement the BMP effectively.

I. Annual Comprehensive Facility Compliance Evaluation. The Discharger shall conduct one

annual facility evaluation for each reporting year (July 1 to June 30). If the Discharger conducts

an annual evaluation fewer than 8 months, or more than 16 months, after it conducts the previous

annual evaluation, it shall document the justification for doing so. The Discharger shall revise the

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Attachment S – Stormwater Provisions S-7

SWPPP, as appropriate, and implement the revisions within 90 days of the annual evaluation. At

a minimum, the annual evaluations shall consist of the following:

1. A review of all sampling, visual observation, and inspection records conducted during the

previous reporting year;

2. An inspection of all areas of industrial activity and associated potential pollutant sources for

evidence of, or the potential for, pollutants entering the stormwater conveyance system;

3. An inspection of all drainage areas previously identified as having no exposure to industrial

activities and materials;

4. An inspection of equipment needed to implement the BMPs; and

5. An assessment of any other factors needed to comply with the requirements of the Annual

Stormwater Report (see Provision III.A, below).

II. STANDARD PROVISIONS – MONITORING

A. Visual Observations

1. Monthly Visual Observations

a. At least once per month, the Discharger shall visually observe each drainage area for the

following:

i. The presence or indication of prior, current, or potential unauthorized non-stormwater

discharges and their sources;

ii. Authorized non-stormwater discharges, sources, and associated BMPs; and

iii. Outdoor industrial equipment and storage areas, outdoor industrial activities areas,

BMPs, and all other potential sources of industrial pollutants.

b. The monthly visual observations shall be conducted during daylight hours of scheduled

facility operating hours and on days without precipitation.

c. The Discharger shall provide an explanation in the Annual Stormwater Report for

uncompleted monthly visual observations (see Provision III.A, below).

2. Sampling Event Visual Observations. Sampling event visual observations shall be

conducted at the same time sampling occurs at a discharge location. At each discharge

location where a sample is obtained, the Discharger shall observe the discharge of

stormwater associated with industrial activity.

a. The Discharger shall ensure that visual observations of stormwater discharged from

containment sources (e.g., secondary containment or storage ponds) are conducted at the

time that the discharge is sampled.

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b. If the Discharger employs volume-based or flow-based treatment BMPs, it shall sample

any bypass that occurs while the visual observations and sampling of stormwater

discharges are conducted.

c. The Discharger shall visually observe and record the presence or absence of floating and

suspended materials, oil and grease, discolorations, turbidity, odors, trash/debris, and

sources of any discharged pollutants.

d. If a discharge location is not visually observed during the sampling event, the Discharger

shall record which discharge locations were not observed during sampling or that there

was no discharge from the discharge location.

e. The Discharger shall provide an explanation in the Annual Stormwater Report for

uncompleted sampling event visual observations (see Provision III.A, below).

3. Visual Observation Records. The Discharger shall maintain records of all visual

observations. Records shall include the date, approximate time, locations observed, presence

and probable source of any observed pollutants, name of persons who conducted the

observations, and any response actions and/or additional SWPPP revisions necessary in

response to the visual observations.

4. SWPPP Revisions. The Discharger shall revise its BMPs as necessary when the visual

observations indicate pollutant sources have not been adequately addressed.

B. Sampling and Analysis

1. The Discharger shall collect and analyze stormwater samples as specified in the MRP.

2. Samples shall be (i) representative of stormwater associated with industrial activities and any

commingled authorized non-stormwater dischargers; or (ii) associated with the discharge of

contained stormwater.

3. On a facility-specific basis, the Discharger shall also analyze additional parameters that serve

as indicators of the presence of all industrial pollutants identified in the pollutant source

assessment. These additional parameters may be modified (added or removed) in accordance

with any updated SWPPP pollutant source assessment.

III.STANDARD PROVISIONS – REPORTING

A. Annual Stormwater Report. The results of the Discharger’s Annual Comprehensive Facility

Compliance Evaluation shall be reported in the Annual Stormwater Report to the Regional Water

Board no later than July 30. The Discharger shall include in the Annual Stormwater Report the

following:

1. A compliance checklist that indicates whether the Discharger has complied with or addressed

all applicable requirements of the SWPPP;

2. An explanation for any non-compliance requirements within the reporting year, as indicated

in the compliance checklist;

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3. An identification, including page numbers and sections, of all revisions made to the SWPPP

within the reporting year; and

4. The date(s) of the annual evaluation.

 

IV. DEFINITIONS

B. Authorized Non-Stormwater Discharges – Non-stormwater discharges are authorized if they

meet the following conditions:

1. Fire-hydrant and fire prevention or response system flushing;

2. Potable water sources, including potable water related to the operation, maintenance, or

testing of potable water systems;

3. Drinking fountain water and atmospheric condensate, including refrigeration, air

conditioning, and compressor condensate;

4. Irrigation drainage and landscape watering, provided that all pesticides, herbicides, and

fertilizers have been applied in accordance with manufacturer’s labels;

5. Uncontaminated natural springs, groundwater, foundation drainage, footing drainage;

6. Seawater infiltration where the seawater is discharged back into the source; or,

7. Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from cooling towers (e.g., “piped” cooling tower blowdown or drains).

C. Stormwater – stormwater runoff, snow melt runoff, and surface runoff and drainage, excluding infiltration and runoff from agricultural land.