ALL RISK LEVEL 3 DISCHARGERS PLEASE NOTE: The Numeric Effluent Limitations (NELs) for pH and turbidity at Risk Level 3 construction sites contained in Order 2009-0009-DWQ are no longer in effect. In addition, because receiving water monitoring is required only if the NELs are triggered, all receiving water monitoring requirements are also suspended. On December 27, 2011, the Superior Court issued a judgment and peremptory writ of mandate in California Building Industry Ass’n et al. v. State Water Resources Control Bd. The State Water Board will be amending Order 2009-0009-DWQ in accordance with the peremptory writ of mandate. The draft amendment will be circulated to the public in March, 2012, and will be scheduled for State Water Board adoption by July, 2012. Bear in mind that any project using ATS (Active Treatment Systems) will still be subject to NELs for ATS operations. ATS NELs listed in the Construction General Permit are for turbidity and also residual chemical.