SU0005899 - Laserfiche WebLink

Home Browse Search

Resolution No.R5-2003-0106 -4- Waiver 4- Waiver of Waste Discharge Requirements for Small Food Processors,Including Wineries, Within the Central Valley Region action to adopt this Resolution is exempt from CEQA pursuant to 14 CCR Section 15308 because it is an action taken by a regulatory agency to assure the protection of the environment, and the regulatory process involves procedures for protection of the environment. Finally,the action to adopt this Resolution is also exempt from CEQA pursuant to 14 CCR Section 15301 to the extent that it applies to existing food processors that constitute "existing facilities"as that term is used in Section 15301. 20. Federal regulations for stormwater discharges have been promulgated by the U.S. Environmental Protection Agency(40 CFR Parts 122, 123, and 124)and require that specific categories of facilities which discharge stormwater obtain an NPDES permit. Wineries, and most food processors, are covered as one of the specific categories. The State Board has adopted Order No. 97-03-DWQ(General Permit No. CAS000001 or subsequent Order) specifying waste discharge requirements for discharges of stormwater associated with industrial activities, and requiring submittal of a Notice of Intent by all affected industrial dischargers. To apply for coverage under this waiver, a Discharger must either show that it is already covered(or specifically excluded)under Order No. 97-03-DWQ or(a) include a Notice of Intent to apply for coverage under Order No. 97-03-DWQ or(b) include a Notice of Non Applicability or a No Exposure Certification. 21. Section 13267(b) of the CWC 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 Resolution and the attached"Monitoring and Reporting Program No. R5-2003-0106"are necessary to evaluate each Discharger's compliance with this waiver. Each individual Discharger operates the facility that discharges the waste subject to this Resolution. 22. Based on written comment and the testimony received at the public hearing, and based on the above noted facts and findings, the Regional Board finds that the Small Food Processor Waiver is not against public interest, provided that the dischargers subject to the waiver: (a) file with the Regional Board the required RWD and filing fee;and (b) comply with the conditions for this waiver of WDRs; and