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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ORDER NO, R5-2009-0097 CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS FOR SMALL FOOD PROCESSORS AND SMALL WINERIES WITHIN THE CENTRAL VALLEY REGION Whereas, the California Regional Water Quality Control Board, Central Valley Region (hereafter Central Valley Water Board), finds that: 1 . California Water Code (CWC) Section 13260(a) requires that any person discharging waste or proposing to discharge waste within any region that could affect the quality of the waters of the State, other than into a community sewer system, shall file with the appropriate Regional Water Board a report of waste discharge (RWD) containing such information and data as may be required by that Regional Water Board. 2. The Central Valley Water Board has a statutory obligation, pursuant to CWC Section 13263, to prescribe waste discharge requirements (WDRs) for each discharge of waste, except where the Regional Water Board finds that a waiver of WDRs for a specific type of discharge is not against the public interest as described in CWC Section 13269. 3. CWC Section 13269 authorizes the Regional Water Board to waive WDRs for specific types of discharge where such a waiver is in the public interest, is conditional, and may be terminated by that Regional Water Board at any time. 4. CWC Section 13269 provides, in part, that waivers of WDRs adopted after 1 January 2003 must be for specific types of discharges and must be renewed at a minimum of every five years, and that prior to renewing any waiver the Regional Water Board shall review the terms of the waiver at a public hearing and shall determine whether the discharge should instead be subject to general or individual WDRs. 5. On 26 March 1982, the Central Valley Water Board waived WDRs for 23 categories of discharges, including "food processing wastes spread on land" as set forth in Central Valley Water Board Resolution No. 82-036. The Central Valley Water Board acted as lead agency for this project under the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et seq.), and determined that the adoption of Resolution No. 82-036 would not cause a significant environmental impact and therefore, in accordance with CEQA, approved a Negative Declaration dated 23 December 1981 . 6 As required by CWC Section 13269, Resolution No. 82-036 expired on 1 January 2003. 7, On 11 July 2003, the Central Valley Water Board adopted Resolution No. R5-2003-0106, A Waiver of Waste Discharge Requirements for Small Food Processors, Including Wineries, Within the Central Valley Region to provide a streamlined permitting process for its numerous small food processing facilities and