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Fact Sheet No. 1 For Dairies Page 2 <br /> j Question: How can a dairy operator determine whether the dairy qualifies for an exemption? <br /> t i <br /> Answer: Many waste ponds may not be large enough too contain: (1) the runoff generated by the <br /> 25-year 24-hour storm event, (2) the runoff generated by rain prior to the 25-year 24-hour <br /> storm, and (3) any process wastewater generated on-site, and still maintain adequate freeboard in <br /> the ponds. If you have determined how much storage capacity you need to contain the 25-year <br /> 24-hour storm, previous rainfall runoff, and wastewater, and your pond system always has this <br /> much capacity with adequate freeboard, then you may qualify for an exemption. <br /> t Question: How is an NPDES stormwaterP ermit obtained? <br /> Answer: Contact the dairy regulatory staff at your Regional Board office listed below. They can assist <br /> you in determining what type of NPDES permit (stormwater of individual) is most appropriate <br /> for your dairy. <br /> Question: If a dairy has an NPDES stormwater permit, what is it allowed to do during severe weather <br /> / conditions? <br /> Answer: The NPDES stormwater permit allows a properly operated dairy to discharge from its <br /> waste management system during periods of continuous rain or catastrophic events in order to <br /> I prevent overtopping of the pond or other waste system failure. The discharge should cease as <br /> soon as conditions allow the waste to be retained on the dairy and associated cropland. Such a <br /> discharge by a dairy with an NPDES stormwater permit is not a violation of the federal Clean <br /> Water Act. Violators of the Clean Water Act are subject to fines up to $27,500 a day. They <br /> may also be sued by a third party for these violations. <br /> ' Example: Dairy A has an NPDES permit and a waste handling system with.tbe ability to collect and <br /> contain the volume of runoff expected to be generated by a 25-year 24-hour storm event. It rains heavily for i <br /> three weeks(a chronic rainfall),but the rainfall in any 24-hour period never exceeds the 25-year 24-hour. <br /> stonn value. Dairy A's waste handling system reaches capacity and discharges to waters of the United <br /> States. That discharge is not considered a violation of the Clean Water Act. <br /> Dairy B is identical to Dairy A,except that Dairy B does not have an NPDES stormwater permit. Dairy <br /> B's discharges to the waters of the Urdted States during a chronic storm event would be a violation of the <br /> Clean Water Act with potential 22nalties up to$27,500 for each day of violation. <br /> 3r <br /> Even if a dairy is not required to have an NPDES stormwater permit, it may be in your best interest to have <br /> i one. Also, dairy operators should be aware that in addition to the NPDES program they are subject to <br /> • regulation under California's Water Code (see Fact.Sheets No. 2 and No. 3 for Dairies). For further <br /> information,.or to obtain an application for an NPDES permit (the General Industrial Stonnwater Pun-nit <br /> form), contact the Regional Board dairy regulatory staff at one of the following offices: <br /> • Sacramento (916) 255-3000 <br /> • Fresno (559) 445-5116 <br /> o <br /> Redding (916) 224-4845 <br /> FS-##1B.DOC <br />