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ORDER NO. R5-2006-0054 -14- INDIVIDUAL 14 - INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES FROM IRRIGATED LANDS Much of the existing data provides information about agricultural monitoring sites that were tested for various parameters for the first time, in particular with respect to water column and sediment toxicity. The toxicity evaluates the overall quality of the water or sediment, and accounts for the cumulative effect of multiple stressors, such as combinations of pesticides that individually may not exceed water quality standards. From the Coalition data, it is now known that sediment and water column toxicity exists throughout the Central Valley. Water column toxicity averages from 5.9 to 13 percent, and sediment toxicity ranges from 21 to 29 percent. Pesticide monitoring data, primarily through the UC contract also provides the information that approximately 92 percent of the water bodies tested indicated detectable levels, with approximately 64 percent exceeding water quality standards. The UC monitoring data already provides information about toxicity in concert with pesticides, nutrients and other water quality parameters. With the commencement of Phase 11 monitoring by the Coalitions, the monitoring results will provide more data on additional monitoring sites that will attempt to explain the toxicity detected during Phase I. Some water quality parameters and chemicals were tested for the first time in these water bodies. This information helps to substantiate that waters within the Central Valley Region are impacted by discharges of waste from irrigated lands but does not indicate that there are new impacts not already known at the time of the adoption of the Negative Declaration that shows that this project has significant environmental effects. The Conditional Waivers require compliance with applicable water quality standards and require prevention of pollution and nuisance; they do not allow violation of water quality objectives or degradation of waters of the State. The Conditional Waiver establishes an iterative process that requires Dischargers to evaluate and then implement and/or improve management practices where it is determined that discharges of waste from irrigated lands have caused or contributed to exceedances of applicable water quality standards. In addition, when it is determined that discharges of waste from irrigated lands have caused or contributed to exceedances of applicable water quality standards, the Executive Officer may request a Management Plan, which will identify the management practices that may be implemented, evaluate the effectiveness of existing management practices in achieving applicable water quality standards, and identify additional actions, including, but not limited to, different or additional management practice implementation to achieve applicable water quality standards. The Management Plan will also include a schedule to implement the management practices and the means of assessing and evaluating their effectiveness. These conditions are consistent with the Water Code and the Basin Plans. 61. The new data and information were considered in this Order. The new data and information confirm the effects of discharges of waste from irrigated lands on water quality that were previously discussed in the Initial Study and Negative Declaration. The new data and information do not show that there are any new effects of the project that were not discussed in the Initial Study and Negative Declaration, nor do they show that the effects discussed would be more severe than discussed in the Initial Study and Negative Declaration. The