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WASTE DISCHARGE REQUIRE ORDER NO.R5-2003-XXXX <br /> SPXCORPORATION,MARLEY GING TOWER COMPANY 5 <br /> IN SITU GROUNDWTER REMEDIATION PILOT STUDY, SAN JAOQUIN COUNTY <br /> TENTATIVE <br /> 25. Temporal, short-term degradation of the groundwater by calcium polysulfide/ethanol injection <br /> may occur in a limited portion of the aquifer near the injection points. Such degradation is <br /> consistent with Resolution 68-16 since (a)the purpose of the discharge is to implement the cleanup <br /> of groundwater pollution and such remediation will benefit the people of the State; (b) the <br /> discharge as allowed in this Order is a pilot project to evaluate the effectiveness and is limited in <br /> scope and duration; (c)this Order requires use of best practicable treatment, including adequate <br /> monitoring and contingency plans to assure protection of water quality; and(d) this Order does not <br /> allow discharges of waste to exceed water quality objectives other than those temporarily <br /> permitted by these WDRs. Calculations provided by the Discharger show that WQOs for <br /> hydrogen sulfide, sulfate, and TDS maybe temporarily exceeded using the worst-case scenario <br /> assumptions, although WQO exceedence is not anticipated. <br /> 26. 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. In requiring those reports, the Regional Board shall provide the person <br /> with a 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."The technical reports required by this <br /> Order and the attached Monitoring and Reporting Program No. R5-2003-XXXX are necessary to <br /> assure compliance with these waste discharge requirements. <br /> 27. The California Department of Water Resources sets standards for the construction and destruction <br /> of groundwater wells (hereafter DWR Well Standards), as described in California Well Standards <br /> Bulletin 74-90(June 1991) and Water Well Standards: State of California Bulletin 94-81 <br /> (December 1981). These standards, and anymore stringent standards adopted by the Discharger <br /> or county pursuant to CWC Section 13801, apply to all extraction and monitoring wells. <br /> 28. Issuance of this Order is an action to assure the restoration of the environment and is, therefore, . <br /> exempt from the provisions of the California Environmental Quality Act(Public Resources Code, <br /> Section 21000, et seq.), in accordance with Section 15308 and 15330, Title 14, California Code of <br /> Regulations (CCR). <br /> 29. 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 20005, 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 requirements implement 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 />