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WASTE DISCHARGE REQUIREMENTS ORDER NO. -3_ TEICHERT AGGREGATES AND CALAVERAS MATERIALS, INC. TRACY ROCK PLANT AND FLINTKOTE SETTLING PONDS SAN JOAQUIN COUNTY 19. The Board adopted a Water Quality Control Plan,Fourth Edition, for the Sacramento River and San Joaquin River Basins (hereafter Basin Plan),which contains water quality objectives for waters of the Basins. These requirements implement the Basin Plan. 20. Stormwater which falls on the site is drained by the surface topography to the wastewater ponds located on the Flintkote property. 21. Surface water drainage is to the Sacramento-San Joaquin Delta. The beneficial uses of the Delta are municipal and domestic supply, irrigation and stock watering; process and service supply; contact and non-contact recreation; warm and cold freshwater habitat; warm and cold water migration; warmwater spawning habitat; wildlife habitat and navigation. 22. The beneficial uses of underlying groundwaters are municipal, industrial, and agricultural supply. 23. The facility is located outside the 100 year flood zone. 24. The action to update waste discharge requirements for this facility is exempt from the provisions of the California Environmental Quality(CEQA), in accordance with Title 14, California Code of Regulations (CCR), Section 15300(a). The processing plant predates CEQA and therefore is exempt from CEQA requirements. 25. This discharge is exempt from the requirements of Consolidated Regulations for Treatment, Storage, Processing, or Disposal of Solid Waste, as set forth in Title 27, CCR, Division 2, Subdivision 1, Section 2005, et seq., (hereafter Title 27). The exemption pursuant to Section 20090(b), is based on the following: a. The Board is issuing waste discharge requirements, b. The discharge complies with the Basin Plan, and c. The wastewater does not need to be managed according to Title 22 CCR, Division 4.5, and Chapter 11, as a hazardous waste. 26. Section 13267(b) of California Water Code provides that: "In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of discharging, or who proposes to discharge within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of discharging, or who proposes to discharge waste outside of its region that could affect the quality of the waters of the state within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the board requires. The burden, including costs of these reports, shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports." 27. The Board has notified the Discharger, and interested agencies and persons of its intent to prescribe waste discharge requirements for this discharge and has provided them with an opportunity for a public hearing and an opportunity to submit their written views and recommendations.