Common use of Moderate Clause in Contracts

Moderate. The Clean Water Act section 303(d) List identifies waters within the Central Coast Water Board’s jurisdiction not meeting water quality objectives and standards (impaired waters) for specific water quality parameters (i.e., pollutants). Chorro Creek is listed as impaired for nutrients such as nitrogen. The beneficial uses associated with nutrient objectives are therefore not being protected due to these impairments. The Central Coast Water Board adopted, and the United States Environmental Protection Agency (USEPA) approved, a Total Maximum Daily Load (TMDL) to address nutrient impairments in Chorro Creek. Therefore, the nutrient impairment in Chorro Creek, which as previously stated can cause nutrient over-enrichment in waterbodies and affect aquatic plant life, deplete dissolved oxygen, and cause toxicity in aquatic life, potentially ▇▇▇▇▇ the aquatic habitat beneficial uses listed above (i.e., COLD, WARM, SPWN, BIOL, RARE, EST, AQUA, SHELL, and MAR). The Discharger’s contribution of wastewater that adversely affects the nutrient impairment potentially ▇▇▇▇▇ Chorro Creek’s beneficial uses and further supports a factor score of (3) moderate for total nitrogen. The Permit prescribes a total copper monthly average effluent limit of 7.5 µg/L. The Discharger reported effluent sampling results of 16.8 µg/L, 7.9 µg/L, and 7.6 µg/L in violation of the monthly average effluent limit for June 2023, July 2023, and May 2024, respectively. Total copper’s capacity to cause acute and chronic toxicity effects in freshwater animals including salmon and trout at concentrations equal to or less than the Discharger’s reported result indicates a reasonably expected potential for harm. Violations of monthly average effluent limitations indicate a violation for each day of discharge during that calendar month, even when compliance is determined from a single sample. This indicates a potentially longer period of aquatic life exposure to the elevated total copper concentration found in the effluent and a correspondingly increased expectation of potential significant impacts and potential for actual partial or temporary restrictions on, or impairment of, the aquatic life beneficial uses listed above (i.e., COLD, WARM, SPWN, BIOL, RARE, EST, AQUA, SHELL, and MAR). This consideration regarding total copper warrants a factor score of (4) above moderate. Factor 3: Susceptibility to Cleanup or Abatement