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Information Sheet IS-23 Reissued Waste Discharge Requirements General Order R5-2013-0122 Existing Milk Cow Dairies facilities in order to ensure the protection of groundwater resources, is exempt from the requirements of the California Environmental Quality Act (CEQA)(Pub. Resources Code, § 21000 et seq.) based on the following three categorical exemptions: • California Code of Regulations, title 14, section 15301 exempts the "operation, repair, maintenance, [and] permitting ... of existing public or private structures, facilities, mechanical equipment, or topographical features" from environmental review. Eligibility under the Dairy General Order is limited to milk cow dairies that were existing facilities as of 17 October 2005, and the Order does not authorize the expansion of these facilities. The restoration of, or improvements to, dairy waste management systems to ensure proper function in compliance with this Order will involve minor alterations of existing private facilities. • California Code of Regulations, title 14, section 15302 exempts the "...replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced..." The Dairy General Order will likely require covered dairies to replace or reconstruct waste management systems to ensure compliance with the Order's requirements. • California Code of Regulations, title 14, section 15302 exempts "... minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes..." The Dairy General Order will require covered dairies to make improvements to their waste management systems that will result in only minor alterations to land, water, and/or vegetation. The majority of the approximately 1,600 dairies covered under the initial Dairy General Order operated under a waiver program that was in effect from 1982 to December 2002. Approximately 86 of those existing facilities were operating under either an individual WDR Order or a 1996 General WDR Order. This Dairy General Order imposes significantly more stringent requirements compared to the previous WDRs or the waiver of WDRs. The Dairy General Order reduces impacts to surface water by prohibiting discharges of: (1) waste and/or storm water to surface water from the production area, (2) wastewater to surface waters from cropland, and (3) storm water to surface water from the land application area where manure or process wastewater has been applied, unless the land application has been managed consistent with a certified Nutrient Management Plan. This General Order reduces impacts to groundwater by requiring Dischargers to: (1) develop and implement Nutrient Management Plans that will control nutrient losses from land application areas; (2) implement remedial measures when groundwater monitoring demonstrates that an existing pond has adversely impacted groundwater quality; (3) design and construct new ponds and reconstructed existing ponds to comply with the groundwater limitations and specifications in the Dairy General Order; (4) document that no cross connections exist that would allow the backflow of wastewater into a water supply well; and (5) submit an Operation and Maintenance Plan to ensure that (a) procedures have been established for solids removal from retention