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ORDER NO. R5 -2006 -0054 - INDIVIDUAL DISCHARGER CONDITIONAL WAVER OF WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES FROM IRRIGATED LANDS conditional waiver, as directed by the Central Valley Water Board. 44. The Conditional Waiver is not intended to cover discharges of waste from irrigated lands used for gardens, vineyards, small orchards, small pastures, and small greenhouses that are used for the purpose of producing crops and/or animals for personal consumption or use, and the product or service is not sold commercially. Owners and operators of irrigated lands described in this finding are not required to submit a RWD or obtain WDRs unless directed by the Executive Officer or Central Valley Water Board.. 45. The Conditional Waiver does not apply to discharges of waste that are subject to the NPDES permit program under the Clean Water Act. Discharges of waste from irrigated lands that constitute agricultural return flows as defined in the Clean Water Act are exempt from regulation under the NPDES permit program. 46. The Conditional Waiver does not apply to discharges of waste that are regulated under another Conditional Waiver, individual WDRs or general WDRs. This Order does not supercede the Central Valley Water Board's Basin plans and policies, including prohibitions (e.g., pesticides) and implementation plans (e.g., Total Maximum Daily Loads), or the State Water Board's plans and policies. 47. The Conditional Waiver provides an alternative regulatory option to WDRs. Individual Dischargers may seek coverage under the Conditional Waiver. 48. Dischargers are required to comply with the Water Code, but are not required to join a Coalition Group. Dischargers may comply with the Water Code by joining a Coalition Group, by filing for coverage under this Conditional Waiver, by filing a RWD to obtain individual or general WDRs, or by ceasing to discharge. 49. The Central Valley Water Board does not expect that all water quality standards will be achieved in all waters of the State in the Central Valley Region within the term of this Order. The conditions of the Conditional Waiver, however, require actions that will lead to achieving applicable water quality standards. To satisfy the conditions of the Conditional Waiver, Dischargers must submit technical reports, conduct monitoring of surface waters, implement management practices, evaluate the effectiveness of management practices, refine management practices to improve their effectiveness where necessary, protect against pollution and nuisance, and protect the quality of waters of the State. MRPs must be submitted to the Central Valley Water Board as required by Water Code Section. 13269. Technical reports must be submitted to the Central Valley Water Board in accordance with Water Code Section 13267. The technical reports must document the results of water quality and management practice monitoring, as defined in Attachment A, describe actions taken to correct water quality impairments and nuisance conditions, and identify future actions necessary to improve and protect water quality. The management practices must be designed and implemented to achieve improvements in water quality, achieve compliance with applicable water quality standards, and demonstrate compliance with the conditions in the Conditional Waiver and with State and Central Valley Water Board plans and policies.