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WASTE DISCHARGE REQUIREMENTS -2- NEWARK GROUP INDUSTRIES, INC. NEWARK SIERRA PAPERBOARD CORPORATION SAN JOAQUIN COUNTY noncontact recreation; esthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife and other aquatic resources. There are no known beneficial uses of McDougald Slough. 7. The permitted discharge is consistent with the antidegradation provisions of 40 CFR 131.12 and State Water Resources Control Board Resolution 68-16. The impact on water quality will be insignificant. 8. The State Water Resources Control Board (SWRCB) adopted the Water Quality Control Plan for Salinity, San Francisco Bay/Sacramento-San Joaquin Delta Estuary on 1 May 1991. The Plan includes water quality objectives. This Order implements the Plan. 9. The SWRCB, on 16 May 1974, adopted Resolution No. 74-43 titled "Water Quality Control Policy for the Enclosed Bays and Estuaries of California". These requirements are consistent with the Policy. 10. The SWRCB Water Quality Control Plan for Control of Temperatures in Coastal and Interstate Waters and Enclosed Bays and Estuaries of California (the Thermal Plan) is applicable to this discharge. For purposes of the Thermal Plan, the Discharger is considered to be an Existing Discharger of Thermal Waste. 11. The Board, in a public hearing on 20 December 1974, adopted Resolution No. 74-563 which granted to Fibreboard Corporation (now Newark Sierra) an exception to Provisions 5.A.(1)C and 5.A.(2) of the Thermal Plan. The exception was authorized because the Board found that compliance with the Thermal Plan would have required modifications to the facility not commensurate with the benefits to the aquatic environment. The exceptions were approved by the SWRCB and the United States Environmental Protection Agency. 12. Federal Regulations for storm water discharges were promulgated by the EPA on 16 November 1990 (40 CFR Parts 122, 123, and 124). The regulations require specific categories of facilities, which discharge storm water associated with industrial activity (storm water), to obtain NPDES permits and to implement Best Available Technology Economically Achievable (BAT) and Best Conventional Pollutant Control Technology (BCT) to reduce or eliminate industrial storm water pollution. 13. The State Water Resources Control Board adopted Order No. 91-13-DWQ (General Permit No. CAS00000I) specifying waste discharge requirements for discharges of storm water associated with industrial activities, excluding construction activities, and requiring submittal of a Notice of Intent by industries to be covered under the permit. This Order further specified that if an individual permit is adopted for storm water runoff from a facility, then the General Permit would no longer apply. This individual permit and the provisions it contains concerning stormwater relieves the Discharger from seeking coverage under the General Permit.