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WASTE DISCHARGE REQUIREMENTS ORDER NO.R5-2004-0160 6 <br /> CONTIGROUP COMPANIES,INCORPORATED <br /> FRENCH CAMP GRAIN ELEVATOR <br /> ENHANCED REMEDIATION PILOT STUDY <br /> SAN JOAQUIN COUNTY <br /> discharging,or who proposes to discharge waste outside of its region that could affect the quality <br /> of the waters of the state within its region shall furnish,under penalty of perjury,technical or <br /> monitoring program reports which the board requires. The burden,including costs of these <br /> 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. <br /> The technical reports required by this Order and the attached MRP No.R5-2004-0160 are <br /> necessary to assure compliance with these WDRs. The Discharger formerly operated the facility <br /> that discharged the waste subject to this Order. <br /> 26. The California Department of Water Resources sets standards for the construction and destruction <br /> of groundwater wells, as described in California Well Standards Bulletin 7490(June 1991) and <br /> Water Well Standards: State of California Bulletin 74-81 (December 1981). These standards, <br /> and any more stringent standards adopted by the State or County pursuant to California Water <br /> Code Section 13801, apply to all monitoring wells. <br /> 27. 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 /> 28. 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, Section 20005, et <br /> seq., (hereafter Title 27). Section 20090(d) allows exemption for a project to clean up a condition <br /> of pollution that resulted from an unauthorized release of waste based on the following: <br /> a. The cleanup and abatement action is under the direction of a public agency; <br /> b. Wastes removed from the immediate place of release will be discharged according to the <br /> Title 27 regulations; and <br /> c. The remedial actions intended to contain wastes at the place of release shall implement the <br /> Title 27 regulations to the extent feasible. <br /> 29. Pursuant to California Water Code Section 13263(g),discharge is a privilege,not a right, and <br /> adoption of this Order does not create a vested right to continue the discharge. <br /> 30. All the above and the supplemental data and information and details in the attached Information <br /> Sheet,which is incorporated by reference herein,were considered in establishing the following <br /> conditions of discharge. <br /> 31. The Discharger and interested agencies and persons were notified of intent to prescribe WDRs for <br /> this discharge and provided with an opportunity for a public hearing and an opportunity to submit <br /> written views and recommendations. <br /> 32. In a public meeting, all comments pertaining to the discharger were heard and considered. <br />