Sec. 3. San Diego Point Loma permitting requirements
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Notwithstanding any other provision of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.) or section 307 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1456 ), the Administrator may issue a permit under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ), which, in lieu of the requirements of section 301(j)(5) of such Act ( 33 U.S.C. 1311(j)(5) ), and in lieu of section 301(b)(1)(B) of such Act ( 33 U.S.C. 1311(b)(1)(B) ) otherwise applicable to the discharge of biochemical oxygen demand (in this section referred to as BOD ) and total suspended solids (in this section referred to as TSS ) from the Point Loma Plant into marine waters, applies or otherwise ensures implementation of the provisions of subsection (b).
The permit shall apply or otherwise ensure that the applicant shall— maintain the currently designed deep ocean outfall from the Point Loma Wastewater Treatment Plant with a discharge depth of no less than 300 feet and distance from the shore of no less than 4 miles; discharge no more than 12,000 metric tons of TSS per year commencing on the date of enactment of this section, no more than 11,500 metric tons of TSS per year commencing on December 31, 2025, and no more than 9,942 metric tons of TSS per year commencing on December 31, 2027; discharge not more than 60 milligrams per liter of TSS, calculated as a 30-day average; remove no less than 80 percent of TSS on a monthly average and no less than 58 percent of BOD on an annual average, taking into account removal occurring at all treatment processes for wastewater upstream from and at the Point Loma Wastewater Treatment Plant; attain all other effluent limitations of secondary treatment as determined by the Administrator pursuant to section 304(d)(1) of the Federal Water Pollution Control Act ( 33 U.S.C. 1314(d)(1) ), other than with respect to concentration limits for BOD and TSS; comply with the requirements applicable to Federal issuance of a permit under section 402 of the Federal Water Pollution Control Act, including State approval consistent with this Act and ocean discharge criteria evaluation pursuant to sections 401 and 403 of the Federal Water Pollution Control Act, respectively ( 33 U.S.C. 1341 and 33 U.S.C. 1343 ); implement the pretreatment program requirements of sections 301(h)(5) and 301(h)(6) of the Federal Water Pollution Control Act ( 33 U.S.C. 1311(h)(5) and 33 U.S.C. 1311(h)(6) ) in addition to the requirements of section 402(b)(8) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(b)(8) ); provide 10 consecutive years of ocean monitoring data and analysis for the period immediately preceding the date of each application sufficient to demonstrate to the satisfaction of the Administrator that the discharge of pollutants pursuant to this section meets the requirements of section 301(h)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1311(h)(2) ) and that the applicant has established and will maintain throughout the permit term an ocean monitoring program that meets or exceeds the requirements of section 301(h)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1311(h)(3) ); and to the extent potable reuse is permitted by Federal and State regulatory agencies, demonstrate that at least 83,000,000 gallons per day on an annual average of water suitable for potable reuse will be produced by December 31, 2035, taking into account production of water suitable for potable reuse occurring at all treatment processes for wastewater upstream from and at the Point Loma Plant.
The Administrator shall determine development milestones necessary to ensure compliance with this section and include such milestones as conditions in each permit issued before December 31, 2035. Nothing in this section prevents the applicant from alternatively submitting an application for the Point Loma Plant that complies with secondary treatment pursuant to section 301(b)(1)(B) and section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1311(b)(1)(B) and 33 U.S.C. 1342 ).
Any term used in this section which is also used under the Federal Water Pollution Control Act shall have the same meaning as when used in such Act.
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Sec. 3
San Diego Point Loma permitting requirements
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