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Draft Supplemental Environmental Impact Report Page IV.F-21 Forward Inc. Landfill 2014 Expansion Project Regional Water Quality Control Board Pursuant to the Clean Water Act52 and the guidelines of the U.S. Environmental Protection Agency (USEPA53), an applicant for a federal permit to conduct any activity that may result in discharge into navigable waters must provide a certification from the Regional Water Quality Control Board (RWQCB) that such discharge would comply with the state water quality standards.5' The RWQCB focuses on ensuring that projects do not adversely affect the "beneficial uses" associated with waters of the State.55 In most cases, the RWQCB seeks to protect these beneficial uses by requiring the integration water quality control measures into projects that could result in discharge into waters of the State. Under the Porter-Cologne Water Quality Control Act56, the RWQCB is authorized to regulate — the discharge of waste that could affect the quality of the State's waters. "Waste" is broadly defined by the Porter-Cologne Act to include "sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature....i57. Concentrated silt or sediment associated with human habitation and harmful to the aquatic environment is "waste" under this section. In addition, the California Attorney General has interpreted this definition to include extraction of sand,gravel or other minerals from a streambed,because it may cause an increase in turbidity and silt in the waters of the stream downstream from the operations. Therefore, even if a project does not require a federal permit(i.e., a Nationwide Permit from the USACE), it may nevertheless require review by and - approval of the RWQCB. Potential Impacts and Mitigation Measures _ Criteria of Significance CEQA Guidelines58 establish certain "mandatory findings of significance" that function as significance thresholds affecting certain biological resources. Pursuant to that section, a project is deemed to have a significant environmental effect if the project would: • Substantially reduce the habitat of a fish or wildlife species; • Cause a fish or wildlife population to drop below self-sustaining levels; • Threaten to eliminate a plant or animal community;or • Substantially reduce the number or restrict the range of an endangered, rare or threatened species. In addition,based upon the checklist in Appendix G of the CEQA Guidelines, implementation of the proposed project would have a significant impact if it were to cause: 52 CWA,Section 401 53 CWA Section 404(b)(1) 5'CCR Title 23,Sections 3830,et seq. _ 51 Waters of the State are defined as"any surface water or groundwater,including saline waters,within the boundaries of the state." (California Water Code Section 13050(e).)These waters include nearly every and all surface or ground water in the state,or tributaries thereto, and include drainage features outside USACE jurisdiction(e.g., dry and ephemeral/seasonal stream beds and channels,etc.,isolated wetlands such as vernal pools,seeps,springs and other groundwater-supplied wetlands,etc.,and storm drains and flood control channels. 56 Cal. Water Code Sections 13000-14920 57 Cal.Water Code Section 13050 58 Section 15065