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0 0 ORDER NO. R5-2006-0054 -9- INDIVIDUAL 9 - INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES FROM IRRIGATED LANDS limited Central Valley Water Board resources; and 7) it provides reasonable flexibility for the Dischargers who seek coverage under the Conditional Waiver by providing them with the option of complying with the Water Code. 34. This action to waive the requirement to submit RWDs and to obtain WDRs for discharges of waste from irrigated lands: 1) is conditional; 2) may be terminated at any time; 3) does not permit any illegal activity; 4) does not preclude the need for permits that may be required by other State or local government agencies; and 5) does not preclude the Central Valley Water Board from administering enforcement remedies (including civil liability) pursuant to the Water Code. 35. As part of the Central Valley Water Board's irrigated lands program strategy, the Central Valley Water Board has directed staff to prepare an EIR to evaluate alternatives for a comprehensive, long-term water quality regulatory program to regulate discharges of waste from irrigated Iands. The long-term program will enable the Central Valley Water Board to track progress in reducing the amount of waste discharged to waters of the State and measure the effectiveness of management practices implemented in order to meet the goal of compliance with applicable water quality standards. The preparation of an EIR to evaluate currently available and new information will identify and assess alternatives to achieve compliance with applicable water quality standards. The Central Valley Water Board has hired a contractor to prepare the EIR. On 6 March 2006, a draft Existing Conditions Report prepared by the contractor was provided for a 60 -day public continent period. During the public comment period, staff of the Central Valley Water Board and the contractor conducted seven public outreach meetings to introduce and discuss the draft Existing Conditions Report. 36. Resolution No. R5-2003-0105 implemented conditional waivers, which are provided for as the regulatory process under California's NPS Policy to meet the requirements of the Water Code. WDRs, including individual WDRs or general WDRs, may be adopted in the future for one or more types of discharges of waste from irrigated lands covered by the Conditional Waiver if, for example, it is determined that the Conditional Waiver is not effective at ensuring that water quality is protected. 37. As time and resources allow, the Central Valley Water Board will further evaluate discharges of waste from irrigated lands to determine if the Conditional Waiver is adequate to improve and/or protect water quality and the beneficial uses of waters of the State. This evaluation will characterize these discharges, evaluate the effects of these discharges on waters of the State, and assess the effectiveness of management practices implemented to address impairments of waters of the State. 38. Where other State agencies have a regulatory role for activities or pollution addressed by the conditions of the Conditional Waiver, the Central Valley Water Board will work cooperatively with other State agencies in order to effectively regulate discharges of waste from irrigated lands.