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Order No. R5-2009-0097 - 9 - Conditional Waiver of Waste Discharge Requirements for Small Food Processors and Small Wineries Within the Central Valley Region 35. The Central Valley Water Board adopted a Negative Declaration when it adopted Resolution No. 82-036; and therefore, consistent with Title.14, California Code of Regulations (CCR) Section 15162, is not required to prepare a subsequent environmental impact report or negative declaration in renewing .a specific category of discharge included in Resolution No. 82-036. The 1982 waiver (Resolution.No. 82-036) and.the associated 1981 Negative Declaration covered all land discharges of food processing waste; regardless of waste volume. Resolution No. 82-036 only required that dischargers of food processing.waste follow an approved operating/maintenance plan. The proposed waiver, as well as Resolution No. R5-2003-0106, will reduce the intensity of.land use related to regulated facilities as compared to the 1982 waiver. This is because the current program'. a. Requires the equivalent of an operating/maintenance plan within the application form; b. Incorporates strict. limits on the volume of waste that can be discharged to land, which in turn limits the size of facilities that may seek coverage; and c. Requireswaste management practices as specific conditions of discharge. � A lead.agency Is only required to prepare a new CEQA document based on new i information in limited circumstances. (Public Resources Code Section.21166; Title 14 CCR, Section 15162.) The "new information".test.for a subsequent CEQA document has three prongs. All three prongs must be satisfied to require a new CEQA document. These three prongs are: (1) that "new" information of substantial importance becomes available; (2) that the "new information" was not known and could not have been known at the time the prior,CEQA document was approved;.a.nd (3) that the "new information" shows either that the project will have one or more significant effects not previously discussed in the CEQA document or that significant effects previously examined will be substantially more severe than shown in the previous document. Groundwater monitoring data from some food processors and wineries has been generated since the Board adopted the negative declaration. Available data are generally from facilities that are much larger than those regulated under this Order... The technology for groundwater sample collection and analysis existed well before the Board adopted the negative.declaration. Thus, although the groundwater data were not considered at the time of the 1981 negative declaration, it "could have been known" had the Board started to require groundwater monitoring at an earlier time. The information gathered through the Board's regulatory programs does not demonstrate that discharges.from facilities regulated by this Order can or do cause different or more ---- ----signifc-ant-.impacts-than-those-they-might-have-ca use d-in-1981-19 82- — This Order limits the production capacity and/or land-applied waste volume of facilities that may enroll. .This Order includes conditions that prevent any exceedances of groundwater objectives. Any limited degradation that may occur at some facilities complies with applicable regulatory standards in Resolution 68-16 and does not exceed