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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." <br />