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ORDER NO. R5-2006-0054 _10 - INDIVIDUAL 10 - INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES FROM IRRIGATED LANDS SCOPE AND DESCRIPTION OF INDIVIDUAL DISCHARGER CONDITIONAL WAIVER 39. The Conditional Waiver applies to discharges of waste from irrigated lands to surface waters, which are waters of the State. The Conditional Waiver is not intended to regulate water in agricultural fields, including, but not limited to, furrows, beds, checks, and ancillary structures, contained on private lands associated with agricultural operations. The Conditional Waiver is not intended to address the lawful application of soil amendments, fertilizers, or pesticides to land. 40. Since the adoption of the 2003 Conditional Waiver, there has been some uncertainty in determining whether or not a particular parcel of irrigated land discharges waste to waters of the State, and if there may be discharges, whether such discharges are intended to be covered within the scope of the Conditional Waiver. This Order provides clarification for Dischargers to determine whether a particular parcel of land discharges waste and provides clarification of the intended scope of the Conditional Waiver with respect to stormwater discharges. 41. The Conditional Waiver applies to discharges of waste from irrigated lands to surface waters of the State, as described by the scope of the Conditional Waiver. A discharge of waste to surface water subject to the Conditional Waiver is one that could directly or indirectly reach surface waters of the State, which include natural streams, constructed agricultural drains, agricultural dominated waterways, and other non -stream tributaries (see Attachment A, Information Sheet), or to other waters which may be hydrologically connected to such waters of the State. Direct discharges may include, for example, discharges directly from piping, tile drains, ditches or sheet flow to surface waters of the State. Indirect discharges may include, for example, discharges from one parcel to another parcel and then to surface waters of the State. This Conditional Waiver applies to discharges of waste to surface waters of the State as a result of irrigation activities, certain water district operations, and stormwater runoff. 42. This Conditional Waiver is not intended to apply to those lands that discharge waste to waters of the State only on rare occasions during large storm events. Whether or not an individual parcel will discharge waste to surface waters of the State depends on a number of factors that vary significantly from site to site. These factors include the amount and timing of rainfall, land topography, soil type, and proximity to a surface water body. It is the responsibility of the potential discharger to determine whether or not they discharge waste to waters of the State. The Executive Officer will provide a Fact Sheet to assist owners and operators of irrigated lands in determining whether or not there is a discharge of waste from their lands that is within the scope of this Conditional Waiver. 43. The Conditional Waiver does not cover discharges of waste from irrigated lands that receive liquid waste from sources such as dairy operations and food processors. Owners and/or operators of facilities that receive such liquid waste must obtain WDRs or a separate