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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD <br /> CENTRAL VALLEY REGION <br /> ORDER NO. R5-2009-0097 . <br /> CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS <br /> FOR <br /> SMALL FOOD PROCESSORS AND SMALL WINERIES <br /> l WITHIN THE CENTRAL VALLEY REGION <br /> i <br /> Whereas, the California Regional Water Quality.Control Board, Central Valley Region <br /> (here after'Central Valley Water Board), finds that: <br /> 1. California Water Code (CWC) Section-13260(a) requires that any person:.discharging <br /> Waste or proposing to discharge waste within any region that could affect the quality of <br /> the waters of the.State, other than into a community,sewer system, ,shall file with the <br /> appropriate Regional Water Board a report of waste discharge (RWD) containing such <br /> information and data as may be required by that Regional Water Board. <br /> 2. The Central Valley Water Board has a statutory obligation, pursuant.to CWC Section <br /> 13263, to prescribe waste discharge requirements (WDRs) for each discharge of waste, <br /> except where the Regional Water. Board finds that a waiver of WDRs for a specific type <br /> of discharge is not against the public interest as described in CWC Section 13269. <br /> 3. CWC Section 13269 authorizes the Regional Water Board to waive WDRs for specific <br /> types of discharge where such.a waiver is in the public interest, is conditional, and may <br /> be terminated by that Regional'Water Board,at any time. <br /> 4. CWC Section 13269 provides,in part, that waivers of WDRs adopted after <br /> 1 January 2003 must be for specific types of discharges and must be renewed at a <br /> minimum of every five.years, and that prior.to renewing any waiver the Regional Water <br /> y Board.shall review the terms of the waiver at a public hearing and shall determine <br /> I whether the.diseharge should instead be. subject to general or individual WDRs. <br /> 5. On 26 March 1982, the Central Valley.Water Board waived WDRs for 23 categories of <br /> discharges, including "food processing wastes spread on.land",as set forth in Central <br /> Valley Water Board Resolution No. 82=036_ The Central Valley Water Board acted as <br /> lead agency for this project under the California Environmental Quality Act (CEQA; <br /> .Public Resources Code Section 21000,et seq.), and determined-that the adoption of <br /> Resolution No. 82-036 would not cause a significant environmental..impa.ct and <br /> therefore, in accordance with Ci=QA, approved a Negative Declaration dated <br /> 23 December 1981: <br /> 6. As required by CWC Section 13269, Resolution No. 82-036 expired on 1January-2003.-�- <br /> 7. On 11 July 2003, the Central Valley Water Board adopted Resolution <br /> No. R5-2003-0106, A Waiver of Waste Discharge Requirements for Small Food <br /> Processors, Including Wineries, Within the.Central Valley Region to provide a <br /> streamlined'permitting process for its numerous small food processing facilities and <br />