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Order No. R5-2009-0097 _ 10— Conditional Q__Conditional Waiver of Waste Discharge Requirements for Smail,Food Processors and Small Wineries 'Within the Central Valley Region any threshold of significance. There is no evidence of new or different effects on water quality from the discharges regulated by the proposed Order. Therefore, a new CEQA document is not required. In addition, the action to adopt this Resolution is exempt from CEQA pursuant to Title 14 CCR Section 15301 to the extent that it applies to existing food processors that constitute 'existing facilities" as.that term is used in Section 15301 , whether or not such facilities_ obtained coverage under the previous waiver. 36. Federal regulations for storm water discharges have been pFomulgated by the U.S. Environmental Protection Agency (40 CFR Parts 122, 123, and 124) and require that specific categories of facilities which discharge.starm water obtain an NPDES permit. Most food. processors are covered under one of the specific categories. The State Water Board has adopted Order No. 97-03-DWQ (NPDES General Permit No. CAS000001 or subsequent Order).specifying waste discharge requirements for discharges of storm water associated with industrial activities, and requiring submittal of a Notice of Intent by all affected industrial dischargers., Therefore, it is appropriate to require all parties applying for coverage under this waiver to show that the operation is.- a. Already covered or specifically excluded from obtaining coverage under Order No. 97-03-DWQ; or b. Provide one of the following: i_ A copy of the Notice of Intent to apply for coverage under Order No. 97-03-DWQ-, or ii. A Notice of Non-Applicability or a No Exposure Certification issued by Central Valley Water Board staff. 37. Section 13267(b) of.the CWC provides that'. "In conducting an investigation specified in subdivision (a), the Regional Water Board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or.who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge, waste.outside of its region that could affect the .quality of waters within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the Regional Water Board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from,the reports. In requiring those reports; the Regional Water Board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the .evidence that supports requiring that person to provide the reports". The technical reports required by this Order and the attached Monitoring and Reporting Program No. R5-2009-0097 are necessary to evaluate each Discharger's compliance with this waiver. Each individual discharger operates the facility that discharges the waste subject to this Order.