A RESOLUTION concerning the collection of additional data to characterize point source discharges of polychlorinated biphenyls (PCBs) to the Delaware Estuary.

WHEREAS, on July 26, 2000, the Commission adopted Resolution No. 2000-13, providing in part: (1) that the Commission, in consultation with the Toxics Advisory Committee, shall continue its ongoing program to control the discharge of certain toxic substances, including PCBs, metals and DDT, to the Delaware Estuary ("the Estuary"); (2) that this program shall at a minimum include monitoring of toxic substances, modeling and assessment of the contributions of toxic substances from point and nonpoint sources, and controls to limit the contributions of such substances from all sources to meet water quality standards; (3) that as required by the Executive Director, all dischargers shall undertake monitoring of their discharges to measure the magnitude and variability of these toxic pollutants; (4) that such monitoring and any other required data collection shall be conducted at the dischargers' own cost and expense; and (5) that the Executive Director and General Counsel are directed and authorized to take such action as may be required to ensure compliance with the provisions of Resolution 2000-13 by all persons discharging into the waters of the Basin; and

WHEREAS, in accordance with Resolution 2000-13, 103 industrial and municipal point source dischargers were directed to conduct sampling for PCBs in their waste- and stormwater discharges using congener-specific analytical methods capable of detecting low concentrations of PCBs, and to submit monitoring and other data to the Commission by January 31, 2001 for the purposes of developing PCB loadings to the Estuary and prioritizing sources for further characterization; and

WHEREAS, the majority of dischargers conducted the monitoring and submitted the required data in a timely fashion, and following a delay of up to fourteen months by a few dischargers, nearly all monitoring required by the Commission to date under Resolution 2000-13 was completed and data were submitted by the end of March 2002; and

WHEREAS, based upon the data submitted, the Commission has identified individual discharges with significant concentrations and/or loadings of total PCBs, and additional monitoring is needed to further characterize these discharges in order to develop, calibrate and validate the PCB model for the Delaware Estuary; develop total maximum daily loads ("TMDLs") for the Estuary that will implement applicable water quality standards with seasonal variations and a margin of safety; and/or allocate allowable PCB loads among sources; now therefore,

BE IT RESOLVED by the Delaware River Basin Commission:

1. Resolution 2000-13 in its entirety is hereby re-affirmed.
2. The Executive Director is hereby authorized and directed, following consultation with the Toxics Advisory Committee when the Executive Director determines that such consultation is warranted, to require such additional monitoring and/or other data collection and analyses by dischargers as are needed to further characterize point source discharges of PCBs to the Delaware Estuary for the purposes stated above. Consistent with Resolution No. 2000-13, the requested monitoring, data collection and analyses shall be undertaken and furnished by dischargers at their own cost and expense.
3. Because the September 30, 2003 deadline for completion of the PCB TMDLs for the Delaware Estuary is only 18 months away, the dischargers must make timely submission of all additional data and information based upon a schedule to be specified by the Executive Director following consultation with the Toxics Advisory Committee when the Executive Director determines that such consultation is warranted. In accordance with Resolution 2000-13, the Executive Director and General Counsel are authorized to take such action as may be required to ensure timely compliance with further data requests.
4. The cooperation of the dischargers to date is acknowledged and appreciated, as is the continued involvement of the dischargers in activities of the Commission and the Toxics Advisory Committee.
5. The staff of the Commission shall continue to work cooperatively with the signatory parties, their agencies, and the dischargers to control the discharge from point and nonpoint sources of toxic substances that could adversely affect human health and aquatic and other wildlife in the Delaware Estuary.
6. This Resolution shall take effect immediately

	/s/ John P. Carroll Col. John P. Carroll, Chairman pro tem
	/s/ Pamela M. Bush Pamela M. Bush, Secretary

ADOPTED: April 3, 2002