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ORDER NO. R5-2006-0054 -3- INDIVIDUAL 3 - INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES FROM IRRIGATED LANDS Waiver. A Discharger who is covered under the Conditional Waiver must comply with MRP Order No. R5-2003-0827, including future revisions. 14. Water Code Section 13267(b)(1) states: In conducting an investigation specified in subdivision (a), the regional 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 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 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. 15. Technical reports are necessary to evaluate each Discharger's compliance with the terms and conditions of the Conditional Waiver and to assure protection of waters of the State. 16. Water Code Section 13269(a)(4)(A) authorizes the Central Valley Water Board to include as a condition of a conditional waiver the payment of an annual fee established by the State Water Resources Control Board (State Water Board). On 16 June 2005, the State Water Board adopted Order No. 2005-0049 Adopting Emergency Regulation Revisions to the Fee Schedules Contained in Title 23, Division 3, Chapter 9, Article 1, Section 2200.3 of the CCR, approving a fee schedule for agricultural waivers. This Conditional Waiver requires Dischargers to pay an annual fee to the State Water Board in compliance with the fee schedule in Title 23 of the CCR. 17. The Central Valley Water Board's Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fourth Edition and the Water Quality Control Plan for the Tulare Lake Basin, Second Edition (hereafter Basin Plans) designate beneficial uses, establish water quality objectives, contain programs of implementation needed to achieve water quality objectives, and reference the plans and policies adopted by the State Water Board. The water quality objectives are developed to protect the beneficial uses of waters of the State. Compliance with water quality objectives will protect the beneficial uses listed in Finding 19 below. 18. The Conditional Waiver is consistent with applicable Basin Plans because it requires compliance with applicable water quality standards, as defined in Attachment A, and requires the prevention of nuisance. It requires implementation of a monitoring and reporting program to determine effects on water quality and implementation of management practices to comply with applicable water quality standards. 19. Pursuant to the Basin Plans and State Water Board plans and policies, including State Water Board Resolution No. 88-63, and consistent with the federal Clean Water Act, the