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ORDER NO. R5-2006-0054 -12- INDIVIDUAL 12 - INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES FROM IRRIGATED LANDS As described in Attachment B, if requested by the Executive Officer, Dischargers are required to develop and implement a Management flan when a discharge is causing or contributing to an exceedance of an applicable water quality standard. 50. To apply for coverage under the Conditional Waiver, a Discharger must submit a complete Notice of Intent (NOI) to comply with the conditions of the Conditional Waiver for approval by the Executive Officer. Upon submittal of a complete NOI, the Executive Officer may issue a Notice of Applicability (NOA), after which the Discharger will be considered covered under the Conditional Waiver. 51. Attachment B of the Conditional Waiver describes the terms and conditions that apply to Individual Dischargers. 52. Pursuant to Water Code Section 13263(g), discharge of waste to waters of the State is a privilege, not a right, and adoption of this Conditional Waiver and the receipt of an NOA from the Executive Officer do not create a vested right to continue the discharge. 53. This Conditional Waiver may be terminated at any time by the Central Valley Water Board and may be revised by the Central Valley Water Board after a public hearing. The Executive Officer may terminate the applicability of the Conditional Waiver with respect to a specific Discharger upon notice to the Discharger. 54. Interested persons were notified that the Central Valley Water Board will consider the adoption of a Conditional Waiver, which conditionally waives WDRs for discharges of waste from irrigated lands to surfaces waters, as described in this Order, and were provided an opportunity for a public hearing and an opportunity to submit written comments. 55. In a public hearing, all continents pertaining to this Order were heard and considered. 56. The administrative record for this matter includes the administrative record for the 2003 Conditional Waivers and the Central Valley Water Board records since that time. CALIFORNIA ENVIRONMENTAL QUALITY ACT 57. For purposes of adoption of this Order, the Central Valley Water Board is the lead agency pursuant to the CEQA (Public Resources Code Sections 21100 et seq.). On 5 December 2002, the Central Valley Water Board approved an Initial Study and Negative Declaration in Resolution No. R5-2002-0201. Resolution No. R5-2003-0105 modified the Conditional Waivers contained in Resolution No. R5-2002-0201, but did not substantially change the project considered in the Initial Study and Negative Declaration. Additional documents that clarify the basis for the Conditional Waivers are attached to Resolution No. R5-2003-0103, which approved the Initial Study and adopted a Negative Declaration with the clarifications.