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WASTE DISCHARGE REQUIREMENTS ORDER NO. R5-2010-0123 -8- H.M. HOLLOWAY, INC. H.M. HOLLOWAY SURFACE MINE LANDFILL PROJECT KERN COUNTY CEQA AND OTHER CONSIDERATIONS 51.The County of Kern, Board of Supervisors, certified the final environmental impact report for the project described in Finding No. 2 on 1 April 2008. The County of Kern filed a Notice of Determination on 14 April 2008 in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and CEQA guidelines (14 CCR Section 15000 et seq.). The Central Valley Water Board considered the environmental impact report and incorporated mitigation measures from the environmental impact report into these waste discharge requirements designed to prevent potentially significant impacts to design facilities and to water quality. 52.This order implements: a. The Water Quality Control Plan for the Tulare Lake Basin, Second Edition, revised January 2004; b. The prescriptive standards and performance goals of Chapters 1 through 7, Subdivision 1, Division 2, Title 27, of the California Code of Regulations, effective 18 July 1997, and subsequent revisions. 53.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 having discharged or discharging, or who proposed to discharge within its region, or any citizen or domiciliary, or political agency or entity of this state who had discharged, discharges, or is suspected of having discharged or discharging, or who proposed 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 regional 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." 54.The technical reports required by this Order and the attached "Monitoring and Reporting Program No. R5-2010-0123" are necessary to assure compliance with these waste discharge requirements. The Discharger owns and operates the facility that discharges the waste subject to this Order. 55.This order requires full containment of wastes and does not permit degradation of surface water or groundwater. Further antidegradation analysis is therefore not needed. The discharge is consistent with the antidegradation provisions of State Water Resources Control Board Resolution No. 68-16.