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<br />7A - ATTACHMENT NO.2 <br />Page 28 <br /> <br />2. Law or Regulation Establishing Jurisdiction. <br /> <br />a. Porter-Cologne Water Quality Control Act <br />b. Federal Clean Water Act - NPDES permits <br />c. Water quality certification under Clean Water Act section 401; Water <br />quality certification regulations (Cal. Code Regs., title 23, ~~ 3830- <br />3869) <br />d. San Francisco Bay Basin Water Quality Control Plan <br />e. Governor's Executive Order W-59-93 (i.e., the "California Wetland's <br />Policy" which requires "No Net Loss of Wetlands") <br /> <br />3. Standards for Issuing Permits/Findings/Mitigation Requirements. <br /> <br />The Regional Water Quality Control Board, San Francisco Bay Region <br />("RWQCB") is the primary agency that regulates water quality in the bay. RWQCB <br />regulates the discharge of pollutants that may affect beneficial use of the waters of the <br />bay. First, RWQCB issues waste discharge requirements ("WDRs") for discharges that <br />could affect the quality of surface waters or groundwaters; RWQCB also exercises <br />permitting authority delegated to the State under the Federal Clean Water Act. Second, <br />RWQCB must review and classify each proposed and operating waste disposal site in the <br />region; RWQCB classifies the disposal sites according to the level of protection provided <br />for water quality. Third, RWQCB must review any hazardous waste facility closure and <br />postclosure plans to ensure that water quality is protected. Fourth, R WQCB is authorized <br />to compel the responsible parties to clean up discharges of waste that cause, or may <br />cause, a condition of pollution or nuisance. Fifth, RWQCB performs "water quality <br />certifications" in connection with permits issued by Federal agencies. Sixth, RWQCB <br />regulates the discharge of stormwater that may affect water quality. <br /> <br />As required by Federal and State law, RWQCB has adopted a Basin Plan. The <br />plan establishes the following for all waters in the San Francisco Bay region: (1) <br />beneficial uses to be protected; (2) water quality objectives; and (3) a program of <br />implementation needed for achieving water quality objectives. Permits issued to control <br />pollution (i.e. WDRs and NPDES permits) must implement Basin Plan requirements (i.e. <br />water quality standards), taking into consideration the beneficial uses to be protected. <br />The RWQCB also implements the Water Quality Control for the Control of Temperature <br />in the Coastal and Interstate Waters and Enclosed Bays and Estuaries of California. This <br />plan includes specific water quality objectives for the various types of waters in the Bay <br />Area as well as general water quality provisions and implementation measures. <br /> <br />In three respects, the Saltworks project appears to fall within RWQCB' s <br />permitting jurisdiction: (1) salt production facility decommissioning and restoration <br />activities, including grading and fill, that may affect water quality in the bay, (2) water <br /> <br />28 <br />