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0 0 ORDER NO. RS -2006-0054 -7- INDIVIDUAL 7 - INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES FROM IRRIGATED LANDS replacing the 2002 Conditional Waiver and establishing a new Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands Within the Central Valley Region (2003 Conditional Waiver). 26. The Central Valley Water Board has reviewed the 2003 Conditional Waiver and has determined that additional conditions are required to implement amendments to Water Code section 13269 that have occurred since adoption of the 2003 Conditional Waiver and to assure protection of water quality. 27. The goal of the Conditional Waiver is to improve and protect water quality by reducing discharges of waste and by providing an interim program to regulate discharges of waste from irrigated lands that cause or contribute to conditions of pollution or nuisance (as defined in Water Code Section 13050) or that cause or contribute to exceedances of applicable water quality standards until a long-term water quality regulatory program can. be developed for Dischargers covered by this Conditional Waiver. 28. The Conditional Waiver sets forth conditions that will require Dischargers who enroll in the Conditional Waiver to 1) conduct activities required by MRP Order No. R5-2003-0827 and revisions thereto; 2) implement and evaluate management practices that will result in achieving compliance with applicable water quality standards in the waters of the State; 3) at the request of the Executive Officer, develop and implement Management Plans, as described in Attachment B, when discharges are causing or contributing to exceedances of applicable water quality standards; and 4) conduct activities in a manner to prevent nuisance. 29. At this time, it is appropriate to adopt a waiver of RWDs and WDRs for this category of discharges because. 1) the discharges have the same or similar waste from the same or similar operations and use the same or similar treatment methods and management practices (e.g., source control, reduced chemical use, holding times, cover crops, etc.); 2) the Central Valley Water Board has limited facility -specific information and limited water quality data on facility -specific discharges; 3) during the past two years, the individual Dischargers, Coalition Groups and agencies have been collecting water quality and management practice data in the region; and 4) additional assessment information continues to be collected. 30. In addition, it is appropriate to regulate discharges of waste from irrigated lands under a Conditional Waiver rather than individual WDRs in order to simplify and streamline the regulatory process. During this process, additional facility activity and water quality information will be collected during the term of the Conditional Waiver. An EIR is being prepared pursuant to the CEQA to assess alternatives for a long-term water quality regulatory program to ensure the protection of water quality from discharges of waste from irrigated lands to waters of the State. 31. It is not appropriate at this time to adopt individual WDRs to regulate discharges of waste from irrigated lands because there are estimated to be more than 25,000 individual owners