WASTE DISCHARGE REQUIR___.iENTS ORDER NO. 5-01-055 -6-
<br /> TRI VALLEY GROWERS PLANT NO. 4
<br /> STOCKTON, SAN JOAQUIN COUNTY
<br /> 35. The Board adopted a Water Quality Control Plan,Fourth Edition, for the Sacramento River and
<br /> San Joaquin River Basins (hereafter Basin Plan),which contains water quality objectives for
<br /> waters of the Basins. These requirements implement the Basin Plan.
<br /> 36. Surface water flows to Bear Creek, a tributary of the San Joaquin River. The beneficial uses of the
<br /> San Joaquin River are domestic water and agricultural water supply, process and service supply,
<br /> contact and non-contact recreation,warm and cold freshwater habitat,wildlife habitat and warm
<br /> water spawning,warm and cold migration, and navigation.
<br /> 37. The beneficial uses of underlying groundwater are municipal and domestic water supply,
<br /> agricultural supply, industrial service supply, and industrial process supply.
<br /> 38. The Board has considered anti-degradation pursuant to State Board Resolution No. 68-16 and
<br /> finds that degradation of groundwater by this discharge is not consistent with maximum benefit to
<br /> the people of the State. The assimilative capacity of the underlying soil should prevent
<br /> degradation of groundwater from infiltration of incidental waste constituents. The effluent and
<br /> groundwater limits prescribed herein are intended to ensure that the assimilative capacity will not
<br /> be exceeded. However, additional groundwater monitoring wells are necessary to fully determine
<br /> compliance with the groundwater limitations contained herein. Therefore,these WDRs contain a
<br /> time schedule for development and implementation of an enhanced groundwater monitoring
<br /> program.
<br /> 39. The action to update waste discharge requirements for this facility is exempt from the provisions
<br /> of the California Environmental Quality Act (CEQA), in accordance with Title 14, California
<br /> Code of Regulations (CCR), Section 15301.
<br /> 40. This discharge is exempt from the requirements of Consolidated Regulations for Treatment,
<br /> Storage, Processing, or Disposal of Solid Waste, as set forth in Title 27, CCR, Division 2,
<br /> Subdivision 1, Section 2005, et seq., (hereafter Title 27). The exemption pursuant to Section
<br /> 20090(b), is based on the following:
<br /> a. The Board is issuing waste discharge requirements,
<br /> b. The discharge complies with the Basin Plan, and
<br /> c. The wastewater does not need to be managed according to Title 22 CCR, Division 4.5, and
<br /> Chapter 11, as a hazardous waste.
<br /> 41. Section 13267(b) of California Water Code provides that: "In conducting an investigation
<br /> specified in subdivision(a), the Regional Board may require that any person who has discharged,
<br /> discharges, or is suspected of discharging, or who proposes to discharge within its region, or any
<br /> citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or
<br /> is suspected of discharging, or who proposes to discharge waste outside of its region that could
<br /> affect the quality of the waters of the state within its region shall furnish, under penalty of perjury,
<br /> technical or monitoring program reports which the Board requires. The burden, including costs of
<br /> these reports, shall bear a reasonable relationship to the need for the reports and the benefits to be
<br /> obtained from the reports."
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