Tentative Orders

A NPDES Permit is being considered for the City of San Jose and City of Santa Clara, San Jose/Santa Clara Water Pollution Control Plant, San Jose, Santa Clara County. The permit would regulate discharge of secondary treated wastewater to Artesian Slough, a tributary to South San Francisco Bay via Coyote Creek. The San Francisco Bay Water Board will consider this item at its August 13, 2025, meeting. The public comment period is closed. A draft NPDES permit is being considered for the Fairfield Suisun Wastewater Treatment Plant. The draft permit would regulate an average daily discharge of up to about 24 million gallons per day of treated wastewater to Boynton through a shallow water outfall and intermittently to two managed duck ponds and Ledgewood Creek. The San Francisco Bay Water Board will consider this item at its August 13, 2025, meeting. The public comment period is closed. An NPDES Permit is being considered for Delta Diablo, Delta Diablo Wastewater Treatment Plant and sanitary sewer system, Antioch, Contra Costa County. The permit would regulate the discharge of treated wastewater to New York Slough. The San Francisco Bay Water Board will consider this item at its August 13, 2025, meeting. The public comment period is closed. A second addendum to a draft NPDES permit is being considered for groundwater treatment facilities that discharge to surface waters in the San Francisco Bay Region. The draft permit was circulated for public comment between January 17, 2025, and February 18, 2025, as revised by an addendum distributed for public comment between July 3, 2025, and August 4, 2025. The first addendum revised the Tentative Order to remove receiving water limitations in response to the U.S. Supreme Court ruling in City and County of San Francisco, California v. Environmental Protection Agency (2025) 145 S.Ct. 704, which held that NPDES permits may not include end result requirements under the Clean Water Act. This second addendum further revises the Tentative Order in response to the California Court of Appeal ruling in Camarillo Sanitary District et al. v. State Water Resources Control Board (2025) 113 Cal.App.5th 407. The Court of Appeal held that the use of the Test of Significant Toxicity, which is required by the State Policy for Water Quality Control: Toxicity Provisions (Toxicity Provisions) to assess compliance with its aquatic toxicity water quality objectives, conflicts with federal law, but that the State Board had otherwise properly adopted the Toxicity Provisions under State law. The Toxicity Provisions exempt some requirements for certain discharges, including those that would be regulated under the Tentative Order, provided that the Regional Water Board includes the Toxicity Provisions’ toxicity objectives as receiving water limitations in NPDES permits. To this end, this addendum revises the Tentative Order (as revised by the first addendum that removed all receiving water limitations) to add back a receiving water limitation that implements the toxicity objectives as State only requirements. The draft permit would regulate discharges associated with the extraction and treatment of groundwater impacted by inorganic chemicals, VOCs, per and polyfluoroalkyl substances (PFAS), fuel leak compounds, and other synthetic organic compounds in the San Francisco Bay Region. The Regional Water Board will accept only comments pertaining to the revisions in this second addendum. The deadline for receipt of comments is 5:00 p.m. on November 17, 2025. The Regional Water Board will respond to comments received for this second addendum and to comments on the first addendum and the original Tentative Order received during the previous public comment periods that took place between July 3, 2025, and August 4, 2025, and between January 17, 2025, and February 18, 2025. There is no need to re-submit comments. The Board will consider adopting the Tentative Order during a meeting to commence at 9:00 a.m. on December 10, 2025. A revised Tentative Order for cleanup and abatement is being considered for discharges of tetrachloroethene (PCE) at 2700 Willow Pass Road, Concord, Contra Costa County. The Tentative Order would require the dischargers to complete the investigation and remediation of the site. If no significant comments are received, we plan to administratively issue the Order. The public comment period is closed. An NPDES Permit is being considered for Lehigh Southwest Cement Company, Permanente Plant, Cupertino, Santa Clara County. The permit would regulate the Plant’s discharge of treated wastewater and industrial stormwater to Permanente Creek. The San Francisco Bay Water Board will consider this item at its December 10, 2025, meeting. The public comment period is closed. A Tentative Order for Waste Discharge Requirements is being considered for the closed Old Pleasanton Landfill at 2512 Vineyard Avenue, Pleasanton, Alameda County. The Tentative Order would update monitoring requirements for the landfill and require evaluation of the corrective actions taken at the site. Written comments or objections to this action must be submitted no later than October 31, 2025, by 5:00 p.m.