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ORDER N0.R5-2018-0017 4 CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS FOR DISASTER-RELATED WASTES WITHIN THE CENTRAL VALLEY REGION state, other than into a community sewer system, to file a ROWD with the Central Valley Water Board. B. Unless waived, section 13263(a) requires that the Central Valley Water Board prescribe discharge requirements for any existing or proposed waste discharges within its area of jurisdiction, except discharges into a community sewer system, even if no ROWD has been filed. 9. Under emergency conditions, there is usually not time for those performing cleanup of disaster-related wastes to prepare a formal ROWD and for the Central Valley Water Board to process applications and adopt new WDRs or conditional waivers, or to revise existing WDRs or waivers. Upon notification to the Central Valley Water Board, section 13269(c)waives the formal process for immediate emergency work necessary to protect life or property, immediate emergency repairs to public service facilities necessary to maintain service, or repair of existing highways, as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor. However, section 13269(c) requires that the Central Valley Water Board be notified in advance of any emergency waste discharge not covered by WDRs. Furthermore, section 13269, subdivisions (c) and (d) allow the Central Valley Water Board to determine not to waive WDRs or to add conditions to the statutory waiver section 13269, subdivision (c). 10.Section 13269 gives the Central Valley Water Board the authority to conditionally waive the requirement to file a ROWD under section 13260, subdivision (a)(1) and/or the requirement to prescribe WDRs under section 13263, subdivision (a) for a specific discharge or specific type of discharge where such a waiver is consistent with the applicable Basin Plan, in the public interest, and the following conditions are met: 1) the waiver is conditional; 2) monitoring is conducted, except for discharges that are determined not to pose a significant threat to water quality; 3) the discharge complies with the waiver conditions; and 4) a public hearing is held. 11.According to section 13350, subdivision (a)(2), any person who discharges waste in violation of any waiver condition shall be liable civilly, and remedies may be proposed, in accordance with section 13350, subdivisions (d) or(e). 12.A conditional waiver for a specific discharge or specific type of discharge may be terminated at any time by the State Water Board or the Central Valley Water Board. A conditional waiver is not required to be used by the Central Valley Water Board. Even if a discharger complies with all the conditions of a conditional waiver, the Central Valley Water Board may choose to regulate any specific discharge with waste discharge requirements. 13.The Central Valley Water Board has found that it is desirable to provide a conditional waiver of WDRs for cleanup of wastes following fires, Floods, storms, earthquakes, or mass mortality of animals when a state of emergency has been proclaimed by the Governor, and to conditionally waive WDRs in other cases where the cleanup is necessary due to an emergency. The formal process of dischargers preparing a