CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

SAN FRANCISCO BAY REGION

TENTATIVE ORDER

NPDES NO. CA0027791

RESCISSION OF WASTE DISCHARGE REQUIREMENTS FOR:

Berkeley Ready Mix Company

Berkeley, Alameda County

The California Regional Water Quality Control Board, San Francisco Bay Region (hereinafter the Board) finds that:

1. On February 19, 1992, the Regional Board adopted Waste Discharge Requirements, National Pollutant Discharge Elimination System (NPDES) Permit No. CA0027791 in Order No. 92-015 for the discharge of storm water runoff from the Berkeley Ready Mix Company located at 699 Virginia Street in Berkeley to the storm drain system that drains to San Francisco Bay.

2. Currently, the same storm water runoff discharge from the facility is covered under the State General Permit for storm water discharge associated with industrial activities (Order No. 97-03-DWQ). Therefore, individual NPDES permit coverage (Order No. 92-015) for storm water discharge is no longer necessary.

3. The NPDES Permit in order No. 92-015 expired on February 19, 1997. However, it remains in effect until it is reissued or rescinded.

4. The rescission of waste discharge requirements is exempt from the provisions of Chapter 3 (commencing with Section 21000 of Division 13) of the Public Resources Code (CEQA) pursuant to Section 13389 of the California Water Code.

5. The Board has notified the Berkeley Ready Mix Company and interested agencies and persons of its intent to rescind waste discharge requirements in Order No. 92-015, and has provided them with an opportunity for a public hearing and an opportunity to submit their written views and recommendations.

6. The Board, in a public meeting, heard and considered all comments pertaining to the rescission of waste discharge requirements for the above discharge.

IT IS HEREBY ORDERED that Order No. 92-015 is rescinded.

I, Loretta K. Barsamian, Executive Officer, do hereby certify the foregoing is a full, true and correct copy of an Order adopted by the California Regional Water Quality Control Board, San Francisco Bay Region on March 20, 2002.

Loretta K. Barsamian

Executive Officer

APPENDIX A

Tentative Order

STATE OF CALIFORNIA

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

SAN FRANCISCO BAY REGION

STAFF SUMMARY REPORT (Jenny Chen)

MEETING DATE: March 20, 2002

ITEM 5B

SUBJECT: BERKELEY READY MIX COMPANY, Berkeley, Alameda County – Rescission of NPDES Permit

CHRONOLOGY: February 19, 1992 – NPDES permit reissued.

DISCUSSION: The attached Tentative Order rescinds the NPDES permit for the Berkeley Ready Mix Company.

The subject NPDES permit permits Berkeley Ready Mix to discharge storm water runoff from its facility. However, the same discharge is also covered under a more recently issued statewide General Permit for storm water discharge associated with industrial activities. Therefore, the individual permit is no longer necessary and should be rescinded.

RECOMMENDATION: Adoption of the Tentative Order.

File Number: 2199.9162

APPENDICES: Tentative Order