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Order No. R5-2009-0097 19 - <br /> Conditional Waiver of Waste Discharge Requirements for <br /> Small Food Processors and Small Wineries <br /> Within the Central Valley Region <br /> noncompliance or potential for noncompliance and shall confirm this notification in <br /> writing within two weeks. The written notification shall state the nature, time, and <br /> cause of noncompliance, shall describe the measures being taken to prevent <br /> recurrences, and shall include a timeline for corrective actions. <br /> 10. The Discharger shall permit Central Valley Water Board representatives to <br /> (a) enter premises where wastes are stored or disposed of, (b) copy any records <br /> required to be kept under the terms of this Order, (c) inspect monitoring equipment <br /> required by this Order, and (d) sample, photograph, and video tape any discharge, <br /> waste, waste management unit, or monitoring device. <br /> 11 . The Discharger shall comply with all federal, state, county, and local laws and <br /> regulations pertaining to the discharge. <br /> 12. It shall not be a defense for a discharger in an enforcement action that it would <br /> have been necessary to halt or reduce its activity in order to maintain compliance <br /> with conditions of this Waiver. <br /> 13. The Discharger must comply with all conditions of this Waiver, including timely <br /> submittal of all monitoring reports. Violations may result in enforcement action <br /> under the CWC, and could include Central Valley Water Board orders, the <br /> imposition of civil liability, cessation of coverage under this Waiver, or referral to the <br /> Attorney General. <br /> 14. Except for material determined to be confidential in accordance with California law <br /> and regulations, all reports prepared in accordance with terms of this Waiver will be <br /> available for public inspection at the Central Valley Water Board offices. Data on <br /> waste discharges, water quality, geology, and hydrogeology will not be considered <br /> confidential. <br /> 15. A discharger who discharges any waste not specifically regulated by this Waiver <br /> may not discharge such waste except in compliance with the CWC and applicable <br /> local regulations. <br /> 16. As provided by CWC Section 13350(a), any person may be civilly liable if that <br /> person, in violation of a Waiver condition or WDRs, intentionally or negligently <br /> discharges waste, or causes waste to be deposited where it is discharged, into the <br /> waters of the State and creates a condition of pollution or nuisance. <br /> 17. Pursuant to CWC Section 13269, this action waiving the issuance of WDRs for <br /> small food processors (a) is conditional, (b) may be terminated at any time, <br /> (c) does not permit an illegal activity, (d) does not preclude the need for permits <br /> which may be required by other local or governmental agencies, (e) requires <br /> monitoring and (f) does not preclude the Central Valley Water Board from <br /> administering enforcement remedies (including civil liability) pursuant to the CWC. <br />