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WASTE DISCHARGE REQUANTS ORDER NO.R5-2002-XXXX • 12 MARLEY COOLING TOWER COMPANY SAN JOAQUIN COUNTY 28. Effluent limitations, and toxic and pretreatment effluent standards established pursuant to Sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 304 (Information and Guidelines), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act(CWA) and amendments thereto are applicable to the discharge. 29. The action to adopt an NPDES permit is exempt from the provisions of Chapter 3 of the California Environmental Quality Act (CEQA) (Public Relations Code Section 21000, et. Seq.), in accordance with Section 13389 of the California Water Code. 30. The Regional Board has considered the information in the attached Information Sheet in developing the Findings of this Order. The attached Information Sheet is part of this Order. Attachments A,B, C, D, and E are also a part of this Order. 31. The Regional 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. 32. The Regional Board, in a public meeting, heard and considered all comments pertaining to the discharge. 33. This Order shall serve as an NPDES permit pursuant to Section 402 of the CWA, and amendments thereto, and shall take effect 50 days following permit adoption(effective 7 December 2002), provided EPA has no objections. 34. Any person adversely affected by this action of the Regional Board may petition the SWRCB to review the action. The petition must be received by the State Board Office of the Chief Counsel, P.O. Box 100, Sacramento, CA 95812-0100, within 30 days of the date the action was taken. Copies of the law and regulations applicable to filing petitions will be provided upon request. IT IS HEREBY ORDERED that Order No. 93-221 is rescinded and that the Marley Cooling Tower Company, its agents, successors and assigns, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, and the provisions of the Clean Water Act and regulations and guidelines adopted thereunder, shall comply with the following: A. Discharge Prohibitions: 1. Discharge of treated wastewater at a location or in a manner different from that described in Findings No. 3-10 is prohibited. 2. Neither the discharge nor its treatment shall create a nuisance as defined in Section 13050 of the California Water Code. 3. The by-pass or overflow of wastes to surface waters is prohibited, except as allowed by Standard Provision A.13 [See attached"Standard Provisions and Reporting Requirements for Waste Discharge Requirements (NPDES)].