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WASTE DISCHARGE REQUIREMENTS FOR -7- KEARNEY-KPF CLOSURE OF SURFACE IMPOUNDMENTS SAN JOAQUIN COUNTY 40. In February 1988, the facility belatedly submitted a Part A application under the Resource Conservation and Recovery Act (RCRA) for the surface impoundments and the associated hazardous waste areas. The facility is being closed under RCRA. 41. In June 1988, the facility was proposed on the updated National Priorities List under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) . CEQA CONSIDERATIONS 42. The State Department of Health Services (DHS) has issued a Negative Declaration for the closure of the surface impoundments, which states that the project will have no significant impacts to water quality The DHS is lead agency under the California Environmental Quality Act (CEQA) . 43. The Board is a responsible agency under CEQA. The Board has reviewed the Negative Declaration and concurs that there will be no significant impacts to water quality upon compliance with these WDRs. OTHER LEGAL REFERENCES 44. Section 25208.6 of the Health and Safety Code (HSC) states that when the Board determines that a surface impoundment is polluting, or threatens to pollute, the waters of the state, the Board shall order the surface impoundment to close. Closure is defined in Section 25208.2(d) of the HSC as "the permanent termination of all hazardous waste discharge operations at a waste management unit and any operations necessary to prepare that waste management unit for post-closure maintenance. . . " . Ponds 1, 2N and 2S have not been closed. 45. The Water Quality Control Plan for the Sacramento - San Joaquin Delta (5B) was adopted on 25 July 1975. This order implements the water quality objectives stated in that Plan. Furthermore, this Order implements the prescriptive standards and performance goals of Section 2510, Subchapter 15, Title 23 of the California Code of Regulations (CCR) , effective 27 November 1984. 46. All local agencies with jurisdiction to regulate land use, solid waste disposal , air pollution, and to protect public health have approved use of this site for the discharges of waste to land stated herein. 47. The Board has notified the Discharger, interested agencies and persons of its intention to issue the waste discharge requirements for this facility.