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WASTE DISCHARGE REQUIRtMtNTS ORDER NO. 14- GOLDSTONE LAND COMPANY,LLC AND KURT KAUTZ BEAR CREEK WINERY SAN JOAQUIN COUNTY OTHER REGULATORY CONSIDERATIONS 71. CWC §13267(b)provides that: "In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of waters within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports." 72. The technical reports required by this Order and the attached"Monitoring and Reporting Program No. " are necessary to ensure compliance with these waste discharge requirements. The Discharger operates the facility that discharges the waste subject to this Order. 73. Federal regulations for storm water discharges were promulgated by the U.S. Environmental Protection A&ency on 16 November 1990 (40 CFR Parts 122, 123, and 124). The State Board adopted Order No. 97-03-DWQ (General Permit No. CAS000001) specifying waste discharge requirements for discharges of storm water associated with industrial activities, and requiring submittal of a Notice of Intent by all affected industrial dischargers. The Discharger is required to obtain coverage under General Permit No. CAS000001. 74. State regulations pertaining to water quality monitoring for waste management units are found in Title 27. These regulations prescribe procedures for detecting and characterizing the impact of waste constituents on groundwater. While the facility has been found exempt from Title 27, the data analysis methods of Title 27 are appropriate for determining whether the discharge complies with the terms for protection of groundwater specified in this Order. 75. The California Department of Water Resources sets standards for the construction and destruction of groundwater wells (hereafter DWR Well Standards), as described in California Well Standards Bulletin 74-90 (June 1991) and Water Well Standards: State of California Bulletin 94-81 (December 1981). These standards, and anymore stringent standards adopted by the State or County pursuant to CWC §13801, apply to all monitoring wells. 76. The action to update waste discharge requirements for this facility is exempt from the provisions of the California Environmental Quality(CEQA), in accordance with Title 14, California Code of Regulations (CCR), §15301. 77. As stated in CWC, §13263(g), discharge is a privilege, not a right, and this conditional authorization to discharge while obtaining technical documentation for a future decision does not in any way create a vested right to continue the discharge. Failure to provide the level of management required to preclude conditions that threaten pollution or nuisance will be sufficient reason to modify,revoke, or enforce this Order, as well as prohibit further discharge. V:Zv J a uin NonISS�MObeie T\Projea Files\Bear Creek\WDR