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Order No. R5-2009-0097 11 - Conditional Waiver of Waste Discharge Requirements for Small Food Processors and Small Wineries Within the Central Valley Region 38. Based on written comments and the testimony received at the public hearing, and based on the above noted facts and findings, the Central Valley Water Board finds that this Order waiving WDRs is in the public interest, provided that the dischargers subject to the waiver do all of the following: a. Submit the required RWD and filing fee to the Central Valley Water Board; b. Comply with the applicable conditions of this Order, including the Monitoring and Reporting Program; and c. Comply with applicable State Water Board and Central Valley Water Board plans and policies. 39. Based on the above-noted facts and findings, it is not necessary at this time to adopt individual or general WDRs for the discharges described in this Order because these types of discharges pose an insignificant threat of pollution and nuisance when managed in accordance with the conditions of this Order, and Central Valley Water Board resources should be focused on higher threat discharges. Accordingly, the discharges regulated under this Order are assigned a threat and complexity rating of 3C pursuant to Title 23 CCR, Section 2200. 40. Pursuant to CWC Section 13263(g), discharge is a privilege, not a right, and adoption of this Order and the receipt of a formal notification of coverage under this Order from the Executive Officer, does not create a vested right to continue the discharge. 41. The dischargers and other interested parties and persons were notified of the intent to adopt an Order waiving WDRs for small food processors, and were provided an opportunity to submit written comments and attend a public hearing. 42. A public hearing was held on 8 October in Rancho Cordova, California to consider all testimony and evidence concerning this matter. THEREFORE BE IT RESOLVED that in accordance with CWC Section 13269, the Central Valley Water Board adopts this Order "Conditional Waiver of Waste Discharge Requirements for Small Food Processors and Small Wineries" (hereafter informally referred to as "Small Food Processor Waiver" or "Waiver") and waives the requirement to obtain WDRs for those dischargers who: a. Comply with the terms and conditions set forth herein; and b. Receive a waiver notification (hereafter "Notice of Applicability") signed by the Executive Officer.