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WASTE DISCHARGE REQUntt%iENTS ORDER NO.R5-2002-0072 V -6- GEORGE REED,INC. AND 711 MATERIALS, INC. AGGREGATE MINE AND WASTEWATER SYSTEM SAN JOAQUIN COUNTY b. If the groundwater table is intersected by the excavation pits, a qualified groundwater hydrogeologist shall conduct an evaluation of the potential impact on existing groundwater wells. c. The applicant shall notify the California Department of Fish and Game of any work, including bridge relocation, in the Mokelumne River related to this project as required by the Fish and Game Code. 43. Implementation of the specific mitigation measures in the FEIR and compliance with the waste discharge requirements will mitigate or avoid the significant impacts to water quality. 44. The Discharger does not comply with the State Water Resources Control Board Water Quality Order No. 97-03-DWQ National Pollutant Discharge Elimination System (NPDES), General Permit No. CAS 000001, Waste Discharge Requirements (WDRs) for Discharges to Storm Water Associated with Industrial Activities (excluding construction activities). This Order requires the Discharger to come into compliance with the storm water requirements. 45. Section 13267(b) of the California Water Code 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." The technical reports required by this Order and the attached"Monitoring and Reporting Program No. R5-2002-0072" are necessary to assure compliance with these waste discharge requirements. The Discharger operates the facility that discharges the waste subject to this Order. 46. This discharge is exempt from the requirements of Consolidated Regulations for Treatment, Storage, Processing, or Disposal of Solid Waste, as set forth in Title 27, CCR, Division 2, Subdivision 1, Section 20005, et seq., (hereafter Title 27). The exemption pursuant to Section 20090(b), is based on the following: a. The Regional Board is issuing waste discharge requirements, b. The discharge complies with the Basin Plan, and c. The wastewater does not need to be managed according to Title 22 CCR Division 4.5, and Chapter 11, as a hazardous waste.