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F; Fact Sheet No. 1 For Dairies page 2 Question: How can a dairy operator determine w7tether the dairy qualifies for an exemption? ' t Answer: Many waste ponds may not be large enough too contain: (.1) the runoff generated by the 25-year 24-hour storm event, (2) the runoff generated by rain prior to the 25-year 24-hour storm, and (3) any process washwater generated on-site, and still maintain adequate freeboard in the ponds. If you have determined how much storage capacity you need to contain the 25-year 24-hour storm, previous rainfall runoff, and washwater, and your pond system always has this much capacity with adequate freeboard, then you may qualify for an exemption. + Question: How is an NPDES stormwater permit obtained? Answer: Contact the dairy regulatory staff at your Regional Board office listed below. They can assist you in determining what type of NPDES permit (stormwater of individual) is most appropriate for your dairy. Question: If a dairy has an NPDES storm water permit, what is it allowed to do during severe weather Fli conditions? Answer: The NPDES stormwater permit allows a properly operated dairy to discharge from its waste management system during periods of continuous rain or catastrophic events in order to prevent overtopping of the pond or other waste system failure. The discharge should cease as soon as conditions allow the waste to be retained on the dairy and associated cropland., Such a discharge by a dairy with an NPDES stormwater permit is not a violation of the federal Clean Water Act. Violators of the Clean Water Act are subject to fines up to $27,500 a day. They may also be sued by a third party for these violations. Example: Dairy A has an NPDES permit and a waste handling system with the ability to collect and contain the volume of runoff expected to be generated by a 25-year 24-hour storm event. It rains heavily for three weeks(a chronic rainfall),but the rainfall in any 24-hour period never exceeds the 25-year 24-hour storm value, Dairy A's waste handling system reaches capacity and discharges to waters of the United States. That discharge is not considered a violation of the Clean Water Act. t ; Dairy B is identical to Dairy A,except that Dairy B does not have an NPDES stormwater permit. Dairy B's discharges to the waters of the United States during a chronic storm event would be a violation of the FClean Water Act with potential penalties u to$27,500 for each da .of violation. Even if a dairy is not required to have an NPDES storinwater permit, it may be in your best interest to have one. Also, dairy operators should be aware that in addition to the NPDES program they are subject to 4 regulation under California's Water Code (see Fact Sheets No. 2 and No:3 for Dairies). For further information, or to obtain an application for an NPDES permit (the General Indusirial Stonnwater Permit fonn), contact the Regional Board dairy regulatory staff at one of the following offices: Sacramento 916 255-3000 ® Fresno (55 9) 445-5116 - - - F Redding (916) 224-4845 �1 4 . FS-41B DOC