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E Mr. Ron Valinoti October 10, 1991 Page 5 11 B. Cove's Activities Are Statutorily Exempt from CEOA Even if one were to assume that the continuance of already permitted activities constitutes a new "project" for purposes of CEQA,LO' such a "project" would be statutorily exempt from CEQA review because it 01... consists of the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topo- graphical features, involving negligible or no expansion of use beyond that previously existing ...."Al In fact, the Permit itself, at Finding I.A., refers to the Cove landfill as an "existing facility. 110 Our legal rationale for this conclusion can be found in Committee for a Progressive Gilroy v. State Water Resources Control Board, 192 Cal.App.3d 847, 237 Cal.Rptr. 723 (1987). In a case quite similar to Cove's facts, the "existing facility" exemption was held to apply to a municipal sewage wastewater treatment plant which had operated at a reduced level for a period of time. The original environmental impact report for the project had analyzed the plant's impacts assuming that it would operate at a much higher level. However, the plant in fact operated at a reduced flow due to several concerns of the Water Board. When the Water Board's concerns were satisfied and it issued orders allowing the processing of an increased flow, those orders were attacked for failure to comply with CEQA. In response to this attack, however, the reviewing court held that despite the large increases in flow made possible by the orders, the orders nevertheless fell within the "existing facilities" categorical exemption contained in CEQA, in that the resulting flow still remained less than the amount analyzed prior to issuance of the permit. Like the wastewater plant at issue in this case, Cove does not propose to accept a greater volume of waste than that which is already allowed under the current permit, nor does it propose any expansion of use beyond that previously contemplated. In addition, the Water Board is exempt from having to perform a 10/ Cove expressly rejects, as set forth above, that any facts exist for this Facility to constitute a new "project" for purposes of CEQA. 1�1/ 14 Cal. Code of Regulations S 15301. Although California Clay Landfill does not fit under any of the specific subheadings of section 15301, that section is expressly "not limited to" those activities enumerated in the subheadings. 12/ See Exhibit 1.