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ORDER N0.R5-2018-0017 6
<br /> CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS
<br /> FOR DISASTER-REI ATEO WASTES WITHIN THE CENTRAL VALLEY REGION
<br /> 'Emergency' means a sudden, unexpected occurrence, involving a
<br /> clear and imminent danger, demanding immediate action to prevent or
<br /> mitigate loss of, or damage to, life, health, property, or essential public
<br /> services. 'Emergency' includes such occurrences as fire, flood,
<br /> earthquake, or other soil or geologic movements, as well as such
<br /> occurrences as riot, accident, or sabotage. (Pub. Resources Code, §
<br /> 21060.3.)
<br /> Specific actions necessary to prevent or mitigate an emergency are exempt from
<br /> CEQA. Emergency activities do not include long-term projects undertaken for the
<br /> purpose of preventing or mitigating a situation that has a low probability of
<br /> occurrence in the short-term. (Cal. Code Regs., tit. 14, § 15259, subd. (c).) For
<br /> purposes of this Order, "emergency" has the same meaning as under CEQA.
<br /> 19.Waivers of reports of waste discharge and waste discharge requirements for
<br /> emergencies in a Declared Disaster Area are not subject to CEQA because Water
<br /> Code section 13269(c) already waives such reports and requirements upon
<br /> notification to the Central Valley Water Board. In addition, this Order is exempt from
<br /> CEQA because the waiver and the conditions of this Order will apply only to
<br /> emergency activities in a disaster area in which a state of emergency has been
<br /> proclaimed by the Governor. (See Pub. Resources Code, § 21080, subd. (b)(4);
<br /> Cal. Code Regs., tit. 14, § 15269, subd. (a).) For emergencies that are not in a
<br /> Declared Disaster Area, this Order is exempt from CEQA because the waiver and
<br /> the conditions of this Order will apply only to activities necessary to prevent or
<br /> mitigate an emergency, as defined by CEQA (Pub. Resources Code, § 21080, subd.
<br /> (b)(4); Cal. Code Regs., tit. 14, § 15269, subd. (c)).
<br /> 20.Water Code section 13267, subdivision (b) provides that:
<br /> In conducting an investigation..., the Regional Board may require that
<br /> any person who has discharged, discharges, or is suspected of having
<br /> discharge or discharging, or who proposed to discharge within its
<br /> region, or any citizen or domiciliary, or political agency or entity of this
<br /> state who had discharged, discharges, or is suspected of having
<br /> discharged or discharging, or who proposed to discharge waste
<br /> outside of its region that could affect the quality of the waters of the
<br /> state within its region shall furnish, under penalty of perjury, technical
<br /> or monitoring program reports which the board requires. The burden,
<br /> including costs of these reports, shall bear a reasonable relationship to
<br /> the need for the reports and the benefits to be obtained from the
<br /> reports.
<br /> Here, the technical reports required by this Conditional Waiver are necessary to
<br /> assure compliance with its conditions.
<br /> 21.The Central Valley Water Board notified interested agencies and persons of its intent
<br /> to conditionally waive discharge requirements when a state of emergency has been
<br />
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