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WASTE DISCHARGE REQUIRENS ORDER NO.5-01-172 • EAST-SIDS WINERY DBA OAK WE VINEYARDS 7 SAN 70AQUIN COUNTY reason to enforce this Order, modify it, or revoke it and prohibit further discharge. This Order prescribes limits for BOD loading, nutrient loading, water application rates, and pH, but it remains the responsibility of the Discharger to assure that its waste loading practices do not degrade groundwater or create a condition of pollution or nuisance. Acceptable loading rates established in this Order are subject to change if conditions are such that the discharge of wastewater causes, or threatens to cause,pollution or nuisance. • 40. Federal regulations for storm water discharges promulgated by the U.S. Environmental Protection Agency(40 CFR Parts 122, 123, and 124) require specific categories of facilities that discharge storm water associated with industrial activities to obtain NPDES permits. East-Side Winery is subject to those requirements, and the Discharger is required to obtain coverage under the State Water Resources Control Board's General Permit for Storm Water Discharges Associated with Industrial Activities. 41. The Board has considered anti-degradation pursuant to State Board Resolution No. 68-16 and finds that degradation of groundwater by this discharge is not consistent with maximum benefit to the people of the State. The assimilative capacity of the underlying soil should prevent degradation of groundwater from infiltration of incidental waste constituents. The effluent and groundwater limits prescribed her are intended to ensure that the assimilative capacity will not be exceeded. However, additional groundwater monitoring wells are necessary to fully determine compliance with the groundwater limitations contained herein. Therefore, these WDRs contain a time schedule for development and implementation of an enhanced groundwater monitoring program. 42. The action to update waste discharge requirements for this facility is exempt from the provisions of the California Environmental Quality Act (CEQA), in accordance with Title 14, California Code of Regulations (CCR), Section 15301. 43. 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, California Code of Regulations (CCR), Division 2, Subdivision 1, Section 20005, et seq., (hereinafter Title 27). The exemption, pursuant to Section 20090(b), is based on the following: a. The Board is issuing waste discharge requirements, and b. The discharge complies with the Basin Plan, and C. The wastewater does not need to be managed according to 22 CCR, Division 4.5, Chapter 11, as a hazardous waste. 44. 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."