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WASTE DISCHARGE REQUIREMENTS ORDER R5-2013-0028 -28- <br /> DELICATO VINEYARDS, INC. <br /> DELICATO FAMILY VINEYARDS <br /> SAN JOAQUIN COUNTY <br /> 92. Water Code section 13267(b) states: <br /> In conducting an investigation specified in subdivision (a), the regional board may <br /> require that any person who has discharged, discharges, or is suspected of <br /> discharging, of who proposes to discharge within its region ... shall furnish, under <br /> penalty of perjury, technical or monitoring program reports which the board <br /> requires. The burden, including costs of these reports, shall bear a reasonable <br /> relationship to the need for the reports and the benefits to be obtained from the <br /> reports. In requiring those reports, the regional board shall provide the person <br /> with a written explanation with regard to the need for the reports, and shall <br /> identify the evidence that supports requiring that person to provide the reports. <br /> The technical reports required by this Order and the attached Monitoring and Reporting <br /> Program R5-2013-0028 are necessary to ensure compliance with these waste <br /> discharge requirements. The Discharger owns and operates the facility that discharges <br /> the waste subject to this Order. <br /> 93. The California Department of Water Resources sets standards for the construction <br /> and destruction of groundwater wells (hereafter DWR Well Standards), as <br /> described in California Well Standards Bulletin 74-90 (June 1991) and Water Well <br /> Standards: State of California Bulletin 94-81 (December 1981). These standards, <br /> and any more stringent standards adopted by the state or county pursuant to <br /> Water Code section 13801, apply to all monitoring wells used to monitor the <br /> impacts of wastewater storage or disposal governed by this Order. <br /> 94. A Negative Declaration was certified by the San Joaquin County Community <br /> Development Department on 30 November 2011, in accordance with CEQA (Pub. <br /> Resources Code, § 21000 et seq.). The Initial Study and Negative Declaration <br /> describe the project as expanding winery production from crushing and processing <br /> 140,000 tons of grapes per year to 200,000 tons per year over a five year period. <br /> Facility upgrades include additional winery equipment, buildings, process <br /> wastewater storage capacity, and upgrading the process wastewater system and <br /> management operations for vineyard and crop irrigation. The Initial Study found <br /> that the project would not cause potentially significant impacts to water quality and <br /> that mitigation measures were not necessary. San Joaquin County, the lead <br /> agency, requested that the Central Valley Water Board review the Draft CEQA <br /> documents as a responsible agency, and the Board issued comments on the <br /> project on 16 December 2011. The comment letter did not request additional <br /> analysis of potential water quality impacts or mitigation measures to protect water <br /> quality. Compliance with this Order will prevent potentially significant impacts to <br /> water quality. <br /> 95. Pursuant to Water Code section 13263(g), discharge is a privilege, not a right, and <br /> adoption of this Order does not create a vested right to continue the discharge. <br />