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ORDER NO. R5-2006-0054 -8- <br />INDIVIDUAL <br />8 - <br />INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF <br />WASTE DISCHARGE REQUIREMENTS <br />FOR DISCHARGES FROM IRRIGATED LANDS <br />and/or operators of irrigated lands who discharge waste from irrigated lands and it is <br />neither feasible nor practicable due to limitations of Central Valley Water Board resources <br />to adopt WDRs within a reasonable time. <br />32. It is not appropriate at this time to adopt individual WDRs because although there is <br />information that discharges of waste from irrigated lands have impaired waters of the State, <br />information is not generally available concerning the specific locations of impairments, <br />specific causes, specific types of waste, and specific management practices that could <br />reduce impairments and improve and protect water quality. The conditions of the <br />Conditional Waiver will result in the development of new and additional information on <br />which to base the adoption of individual or general WDRs, if appropriate. The conditions <br />of the Individual Discharger Conditional Waiver require actions to protect and improve the <br />quality of the waters of the State within the Central Valley Region. The conditions of the <br />Conditional Waiver may be enforced in a manner similar to enforcement of WDRs. <br />Coverage under the Conditional Waiver may be terminated at any time and the Executive <br />Officer may require any person to submit a RWD and comply with the Water Code <br />pursuant to individual or general WDRs. <br />33. Water Code section 13269 requires that the Water Board determine that any waiver of <br />waste discharge requirements is in the public interest. The Water Board has considered all <br />the continents of the public and finds that this Order waiving waste discharge requirements <br />for dischargers of waste from irrigated lands is in the public interest as further described. <br />The Water Board has many options to regulate discharges of waste, including through <br />individual and general waste discharge requirements, prohibitions in the Basin Plan, and <br />individual and general conditional waivers of waste discharge requirements. Due to the <br />large numbers of dischargers within the scope of the Board's jurisdiction, the lack of direct <br />regulation in the past, the lack of information about the specific sources of discharges of <br />waste from such lands, and the unprecedented scope of the program, it is reasonable to <br />establish an interim conditional waiver that sets forth a process to collect the necessary <br />information and require management plans to control the sources of discharges of waste as <br />that information is developed. The Central Valley Water Board finds that allowing the use <br />of Coalition Groups provides a reasonable way to coordinate the efforts of large groups of <br />dischargers that are not readily identified by the Central Valley Water Board and, if such <br />Coalition Groups adequately comply with the conditions of the Conditional Waiver, the use <br />of Coalition Groups will continue to be a reasonable manner of regulation. The adoption of <br />this Conditional Waiver is also in the public interest because: 1) it was adopted in <br />compliance with Water Code Sections 13260, 13263, and 13269 and other applicable law; <br />2) it requires compliance with water quality standards, 3) it includes conditions that are <br />intended to reduce and prevent pollution and nuisance and protect the beneficial uses of the <br />waters of the State; 4) it contains more specific and more stringent conditions for protection <br />of water quality compared to the 2003 Conditional Waiver; 5) contains conditions that are <br />similar to the conditions of municipal stormwatcr NPDES permits, including evaluation <br />and implementation of management practices to meet applicable water quality standards <br />and a more specific MRP; 6) given the magnitude of the discharges and number of persons <br />who discharge waste from irrigated lands, it provides for an efficient and effective use of <br />