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• <br /> WASTE DISCHARGE REQUIREMENTS ORDER NO.R5-2003-XXXX 5 <br /> ATLANTIC RICHFIELD COMPANY <br /> STOCKTON TERMINAL#40T <br /> ENHANCED BIOREMEDIATION PILOT STUDY <br /> SAN JOAQUIN COUNTY <br /> 20. Section 13267(b) of California Water Code provides that: <br /> In conducting an investigation specified in subdivision(a), the regional board may <br /> require that any person who has discharged, discharges, or is suspected of having <br /> discharged or discharging, or who proposes to discharge within its region, or any citizen <br /> or domiciliary, or political agency or entity of this state who has discharged, discharges, <br /> or is suspected of having discharged or discharging, or who proposes to discharge waste <br /> outside of its region that could affect the quality of the waters of the state within its <br /> region shall furnish,under penalty of perjury, technical or monitoring program reports <br /> which the board requires. The burden,including costs of these reports, shall bear a <br /> reasonable relationship to the need for the reports and the benefits to be obtained from <br /> the reports. In requiring those reports,the regional board shall provide the person with a <br /> written explanation with regard to the need for the reports, and shall identify the evidence <br /> that supports requiring that person to provide the reports. <br /> The technical reports required by this Order and the attached MRP No. R5-2003-XXXX <br /> are necessary to assure compliance with these waste discharge requirements. The <br /> Discharger operates the facility that discharges the waste subject to this Order. <br /> 21. The California Department of Water Resources sets standards for the construction and <br /> destruction of groundwater wells, as described in California Well Standards Bulletin <br /> 74-90(June 199 1) and Water Well Standards: State of California Bulletin 74-81 <br /> (December 1981). These standards, and any more stringent standards adopted by the State <br /> or County pursuant to California Water Code Section 13801, apply to all monitoring wells. <br /> 22. Issuance of this Order is an action to assure the restoration of the environment and is, <br /> therefore, exempt from the provisions of the California Environmental Quality Act (Public <br /> Resources Code, Section 21000, et seq.), in accordance with Section 15308 and 15330, <br /> Title 14, California Code of Regulations (CCR). <br /> 23. This discharge is exempt from the requirements of Consolidated Regulations for <br /> Treatment, Storage, Processing, or Disposal of Solid Waste, as set forth in Title 27, CCR, <br /> Section 20005, et seq., (hereafter Title 27). The exemption pursuant to Section 20090(d), <br /> 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, <br /> and Chapter 11, as a hazardous waste. <br /> 24. Pursuant to California Water Code Section 13263(g), discharge is a privilege, not a right, <br /> and adoption of this Order does not create a vested right to continue the discharge. <br />