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WASTE DISCHARGE REQUIREMEMTS ORDER NO. 5-00-142 -6- CITY OF ESCALON ESCALON WASTEWATER TREATMENT FACILITY SAN JOAQUIN COUNTY 29. The Board has considered anti-degradation pursuant to State Board Resolution No 68-16 and finds that not enough data exists to determine whether this discharge is consistent with those provisions. Therefore, this Order provides a timeline for data collection to determine whether the discharge will cause an increase in groundwater constituents above that of background levels. If the discharge is causing such an increase, then the Discharger may be required to cease the discharge, line the ponds, implement source control, change the method of disposal, or take other action to prevent groundwater degradation. 30. The Discharger prepared a Negative Declaration in accordance with the California Environmental Quality Act (Public Resource Code Section 21000 et seq.) and the State CEQA Guidelines. The CEQA document was approved on 9 May 2000 by the City of Escalon City Council. 31. 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 designated or hazardous waste. 32. 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." 33. 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. 34. The Board, in a public meeting, heard and considered all comments pertaining to the discharge. IT IS HEREBY ORDERED that Order No. 95-170 is rescinded and the City of Escalon, its agents, successors, and assigns, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, shall comply with the following: