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<br />7A - ATTACHMENT NO.2 <br />Page 15 <br /> <br />the primary responsibility for performing this function rests with the Regional Water <br />Quality Control Board - San Francisco Bay Region. The Regional Board's jurisdiction is <br />discussed below. <br /> <br />DMB's application identifies three options for providing sanitary sewer service to <br />the Saltworks project: (1) connecting to and upgrading the existing system, such that <br />sewage is sent to the existing treatment plant operated by the South Bayside System <br />Authority ("SBSA") which discharges to the bay under an existing National Pollutant <br />Discharge Elimination System ("NPDES") permit, (2) upgrading the existing system with <br />partial on-site storage to manage wet-weather flows, with discharge to the SBSA plant, or <br />(3) providing on-site sewage treatment by constructing a new on-site plant. (Saltworks <br />50/50 Balanced Plan - Statement of Justification (May 15, 2009), p. V-81.) These <br />options may require revising SBSA's NPDES permit, or obtaining a new NPDES or <br />pretreatment permit for the proposed on-site plant. DMB' s application indicates that, if <br />an on-site plan is constructed, the plant will not discharge treated wastewater to the bay; <br />rather, the effluent will be discharged to the SBSA plant. (DMB Saltworks Infrastructure <br />(May 14, 2009), pp. 21-23.) Authority to issue NPDES permits has generally been <br />delegated to the Regional Board, although USEPA retains back-up authority to review <br />such permits. <br /> <br />MPRSA Ocean Dumping Permit. The Marine Protection, Research and <br />Sanctuaries Act ("MPRSA", also known as the Ocean Dumping Act) prohibits the <br />dumping of material into the ocean that would unreasonably degrade or endanger human <br />health or the marine environment. MPRSA generally prohibits: (1) transportation of <br />material from the US for the purpose of ocean dumping; (2) transportation of material <br />from anywhere for the purpose of ocean dumping by US agencies or US-flagged vessels; <br />and, (3) dumping of material transported from outside the US into the US territorial sea. <br />The MPRSA authorizes the Administrator of USEP A to promulgate the ocean dumping <br />criteria, to designate recommended ocean disposal sites, and to issue permits for dumping <br />of materials into ocean waters (except for dredged material, which is regulated by <br />USACE). The MPRSA provides USEPA with discretion to determine whether the <br />proposed dumping will "unreasonably" affect humans/marine environment. <br /> <br />As part of the Saltworks project, DMB proposes to restore approximately 400 <br />acres as tidal marsh habitat. DMB has not provided the City with a detailed restoration <br />plan. For this reason, we do not know whether restoration will include ocean dumping. <br />The application materials state that, as part of the restoration effort, material may be <br />imported to the site (Saltworks 50/50 Balanced Plan - Statement of Justification (May 15, <br />2009), p. V-61), suggesting that the export of material may not be required. In any event, <br />if ocean dumping is proposed, DMB will have to apply to USEPA for an ocean dumping <br />permit. <br /> <br />15 <br />