CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

CENTRAL VALLEY REGION

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER

CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS

FOR

DISCHARGES FROM IRRIGATED LANDS

The California Regional Water Quality Control Board, Central Valley Region (Central Valley

Water Board) finds that:

1. The Central Valley Region has more than seven million acres of cropland under irrigation

and thousands of individuals and operations generating wastewater that falls into the

category of “discharges of waste from irrigated lands,” as defined in Attachment A of

Order No. R5-2006-0054 (hereafter “Order” or “Conditional Waiver”).

2. The Central Valley Region has thousands of miles of surface waters that are, or may be,

affected by discharges of waste from irrigated lands. These discharges may adversely

affect the quality of the “waters of the State,” as defined in Attachment A of this Order.

3. Irrigated lands are lands where water is applied to produce crops including, but not limited

to, land planted to row, vineyard, pasture, field and tree crops, commercial nurseries,

nursery stock production, managed wetlands, rice production, and greenhouse operations

with permeable floors that do not currently discharge under waste discharge requirements

(WDRs), National Pollutant Discharge Elimination System (NPDES) permits, Municipal

Separate Storm Sewer System, or other NPDES permits.

4. Regional water quality data from the Surface Water Ambient Monitoring Program, the

Stormwater Monitoring Program, NPDES Receiving Water Monitoring Reports, and other

monitoring programs identify waters of the State with impaired water quality that appears

attributable to or influenced by agriculture in areas of irrigated lands.

5. Some water bodies within the Central Valley Region have been listed as impaired pursuant

to Clean Water Act Section 303(d). The 303(d) list of impaired water bodies identifies

agriculture as a potential source of constituents that impair beneficial uses of some waters

within the Central Valley Region and threaten the quality of waters of the State.

6. California Water Code (Water Code) 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 Board a report of waste discharge (RWD) containing such

information and data as may be required by the Central Valley Water Board, unless the

Central Valley Water Board waives such requirement.

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

7. Whether an individual discharge of waste from irrigated lands may affect the quality of the

waters of the State depends on the quantity of the discharge, quantity of the waste, the

quality of the waste, the extent of treatment, soil characteristics, distance to surface water,

depth to groundwater, crop type, management practices and other site-specific factors.

These individual discharges may also have a cumulative effect on waters of the State.

Waste discharges from some irrigated lands have impaired and will likely continue to

impair the quality of the waters of the State within the Central Valley Region if not subject

to regulation pursuant to the Porter-Cologne Water Quality Control Act (codified in Water

Code Division 7).

8. Water Code Section 13263 requires the Central Valley Water Board to prescribe WDRs, or

waive WDRs, for the discharge. The WDRs must implement relevant water quality control

plans and the Water Code.

9. Water Code Section 13269(a) provides that the Central Valley Water Board may waive the

requirements to submit a RWD and to obtain WDRs for a specific discharge or specific

type of discharge, if the Central Valley Water Board determines that the waiver is

consistent with any applicable water quality control plan and such waiver is in the public

interest. Water Code Section 13269 further provides that any such waiver of WDRs shall

be conditional, must include monitoring requirements unless waived, may not exceed five

years in duration, and may be terminated at any time by the Central Valley Water Board.

10. As authorized by Water Code Section 13269, this Order conditionally waives the

requirement to file RWDs and obtain WDRs for Dischargers, as defined in Attachment A,

under the Individual Discharger Conditional Waiver, and some Dischargers will seek

coverage under the Coalition Group Conditional Waiver by joining a Coalition Group.

11. Attachment A to this Order identifies plans and policies, which contain regulatory

requirements that apply to the discharge of waste from irrigated lands. Attachment A also

provides definitions of terms for purposes of this Order and an Information Sheet that

clarifies the “tributary rule.”

12. The Conditional Waiver is for Dischargers who enroll as individuals to comply with the

Water Code and the Central Valley Water Board’s plans and policies.

13. Consistent with Water Code sections 13267 and 13269, this Order requires the

implementation of a monitoring and reporting program (MRP) as set forth in MRPOrder

No. R5-2003-0827 that is intended to determine the effects of irrigated lands on water

quality, to support the development and implementation of the Conditional Waiver, to

verify the adequacy and effectiveness of the Conditional Waiver’s conditions, and to

evaluate each Discharger’s compliance with the terms and conditions of the Conditional

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

Waiver. A Discharger who is covered under the Conditional Waiver must comply with

MRP Order No. R5-2003-0827, including future revisions.

15. Technical reports are necessary to evaluate each Discharger’s compliance with the terms

and conditions of the Conditional Waiver and to assure protection of waters of the State.

16. Water Code Section 13269(a)(4)(A) authorizes the Central Valley Water Board to include

as a condition of a conditional waiver the payment of an annual fee established by the State

Water Resources Control Board (State Water Board). On 16 June 2005, the State Water

Dischargers to pay an annual fee to the State Water Board in compliance with the fee

schedule in Title 23 of the CCR.

quality objectives, contain programs of implementation needed to achieve water quality

objectives, and reference the plans and policies adopted by the State Water Board. The water

quality objectives are developed to protect the beneficial uses of waters of the State.

Compliance with water quality objectives will protect the beneficial uses listed in Finding 19

below.

18. The Conditional Waiver is consistent with applicable Basin Plans because it requires

compliance with applicable water quality standards, as defined in Attachment A, and requires

the prevention of nuisance. It requires implementation of a monitoring and reporting

program to determine effects on water quality and implementation of management practices

to comply with applicable water quality standards.

19. Pursuant to the Basin Plans and State Water Board plans and policies, including State

Water Board Resolution No. 88-63, and consistent with the federal Clean Water Act, the

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

existing and potential beneficial uses of waters in the Central Valley Region include one or

more of the following:

a. Municipal and Domestic Supply

b. Agricultural Supply

c. Industrial Service Supply

d. Hydropower Generation

e. Water Contact Recreation

f. Non-Contact Water Recreation

g. Warm Freshwater Habitat

h. Cold Freshwater Habitat

i. Migration of Aquatic Organisms

j. Spawning, Reproduction and Development

k. Wildlife Habitat

l. Estuarine Habitat

m. Preservation of Biological Habitats of Special Significance

n. Shellfish Harvesting

o. Navigation

p. Rare, Threatened, and Endangered Species

q. Freshwater Replenishment

r. Groundwater Recharge

s. Industrial Process Supply

t. Aquaculture

u. Commercial and Sportfishing

purpose of the NPS Policy is to improve the State's ability to effectively manage NPS

pollution and conform to the requirements of the Federal Clean Water Act and the Federal

Coastal Zone Act Reauthorization Amendments of 1990. The NPS Policy provides a

an NPS control implementation program’s ultimate purpose shall be explicitly stated, and

that the implementation program must, at a minimum, address NPS pollution in a manner

that achieves and maintains water quality objectives and beneficial uses, including any

applicable antidegradation requirements. The Conditional Waiver is consistent with the

NPS Policy.

Boards, in regulating the discharge of waste, to maintain high quality waters of the State

until it is demonstrated that any change in quality will be consistent with maximum benefit

to the people of the State, will not unreasonably affect beneficial uses, and will not result in

water quality less than that described in a Regional Water Board’s policies (e.g., quality

that exceeds applicable water quality standards). Resolution No. 68-16 also states, in part:

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

The Central Valley Water Board has information in its records that has been collected by the

Central Valley Water Board, dischargers, educational institutions, and others that

demonstrates that many water bodies within the Central Valley Region are impaired for

various constituents, including pesticides such as Diazinon and Chlorpyrifos, salt, boron, and

others. Many water bodies have been listed as impaired pursuant to Clean Water Act section

303(d). Such impaired water bodies are not high quality waters with respect to those

constituents within the meaning of Resolution No. 68-16 and it is not necessary for the

Central Valley Water Board to conduct an anti-degradation analysis. This Order does not

authorize further degradation of such waters.

The Order requires persons who obtain coverage under the Conditional Waiver to comply

with applicable water quality standards, protect beneficial uses, and prevent nuisance by

implementing MRPs, evaluating the effectiveness of management practices, and where water

quality exceeds applicable water quality standards, by identifying and implementing

additional management practices to comply with applicable water quality standards. The

Conditional Waiver requires management practices to be implemented to achieve applicable

water quality standards and to prevent nuisance. These conditions are enforceable and the

Conditional Waiver may be terminated at any time.

Where water bodies within the Central Valley Region are of high quality, this Order is

consistent with Resolution No. 68-16. This Order prohibits persons from discharging

additional wastes not previously discharged. As described above, persons who obtain

coverage under this Order are conducting water quality monitoring. The Central Valley

Water Board will continue to evaluate the data collected pursuant to monitoring to determine

if discharges from irrigated lands are causing degradation of those water bodies. This Order

does not authorize further degradation of such water bodies. The Water Board is in the

process of preparing an Environmental Impact Report (EIR) pursuant to the California

Environmental Quality Act (CEQA). Through the preparation of the EIR, the Central Valley

Water Board is evaluating management practices and will require implementation of

practices to achieve best practicable treatment or control of discharges.

22. Neither the Water Code nor Resolution No. 68-16 requires instantaneous compliance with

applicable water quality standards. Discharges from irrigated lands can and/or do contain

wastes, as defined in Water Code section 13050, that could affect the quality of the waters

of the State. The Conditional Waiver requires Dischargers to implement management

practices to achieve best practicable treatment or control of the discharge that will reduce

wastes in the discharges to achieve compliance with applicable water quality standards,

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

protect the beneficial uses of waters of the State, and to prevent nuisance. Upon notice by

the Executive Officer, the Coalition Group and/or Dischargers must submit a Management

Plan, as set forth in Attachment B to this Order, to evaluate existing management practices

and identify and implement new actions to protect waters of the State. Changes in water

quality that may occur as a result of the Conditional Waiver will be to improve, over time,

the quality of the waters, not to cause further degradation. Thus, any change in water

quality will be consistent with maximum benefit to the people of the State and will not

unreasonably affect beneficial uses.

23. The United States Environmental Protection Agency adopted the National Toxics Rule

(NTR) on 5 February 1993 and the California Toxics Rule (CTR) on 18 May 2000, which

was modified on 13 February 2001. The NTR and CTR contain water quality criteria

which, when combined with beneficial use designations in the Basin Plans, constitute

enforceable water quality standards for priority toxic pollutants in California surface

(known as the State Implementation Plan or SIP), which contains guidance on

implementation of the NTR and the CTR. The SIP, which was amended on 12 August

2005, states that implementation of the NTR and the CTR for agricultural nonpoint sources

of pollution shall be consistent with the State’s NPS Policy.

24. This Order does not authorize any act that results in the taking of a threatened or endangered

species or any act that is now prohibited, or becomes prohibited in the future, under either

the California Endangered Species Act (Fish and Game Code sections 2050 to 2097) or the

Federal Endangered Species Act (16 U.S.C.A. sections 1531 to 1544). This Order and

Attachments require compliance with applicable water quality standards, including water

quality objectives set forth in the applicable water quality control plans and federal water

quality criteria set forth in federal regulations. Compliance with such objectives will result

in protection of the beneficial uses of waters of the State. Attachment B sets forth a

condition that requires compliance with the Endangered Species Acts. If a "take" will result

from any action authorized under this Order, the dischargers shall obtain authorization for an

incidental take prior to construction or operation of the project. The dischargers shall be

responsible for meeting all requirements of the applicable Endangered Species Act.

25. In 1982, the Central Valley Water Board adopted Resolution No. 82-036 that conditionally

waived WDRs for 23 categories of discharges, including irrigation return water and storm

water runoff (1982 Waiver). Pursuant to Water Code Section 13269, these waivers

terminated on 1 January 2003. On 5 December 2002, prior to the termination of the 1982

Waiver, the Central Valley Water Board adopted Resolution No. R5-2002-0201

11 July 2003, the Central Valley Water Board adopted Resolution No. R5-2003-0105

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

26. The Central Valley Water Board has reviewed the 2003 Conditional Waiver and has

determined that additional conditions are required to implement amendments to Water

Code section 13269 that have occurred since adoption of the 2003 Conditional Waiver and

to assure protection of water quality.

27. The goal of the Conditional Waiver is to improve and protect water quality by reducing

discharges of waste and by providing an interim program to regulate discharges of waste

from irrigated lands that cause or contribute to conditions of pollution or nuisance (as

defined in Water Code Section 13050) or that cause or contribute to exceedances of

applicable water quality standards until a long-term water quality regulatory program can

be developed for Dischargers covered by this Conditional Waiver.

28. The Conditional Waiver sets forth conditions that will require Dischargers who enroll in

the Conditional Waiver to 1) conduct activities required by MRP Order No. R5-2003-0827

and revisions thereto; 2) implement and evaluate management practices that will result in

achieving compliance with applicable water quality standards in the waters of the State;

3) at the request of the Executive Officer, develop and implement Management Plans, as

described in Attachment B, when discharges are causing or contributing to exceedances of

applicable water quality standards; and 4) conduct activities in a manner to prevent

nuisance.

29. At this time, it is appropriate to adopt a waiver of RWDs and WDRs for this category of

discharges because: 1) the discharges have the same or similar waste from the same or

similar operations and use the same or similar treatment methods and management

practices (e.g., source control, reduced chemical use, holding times, cover crops, etc.); 2)

the Central Valley Water Board has limited facility-specific information and limited water

quality data on facility-specific discharges; 3) during the past two years, the individual

Dischargers, Coalition Groups and agencies have been collecting water quality and

management practice data in the region; and 4) additional assessment information

continues to be collected.

30. In addition, it is appropriate to regulate discharges of waste from irrigated lands under a

Conditional Waiver rather than individual WDRs in order to simplify and streamline the

regulatory process. During this process, additional facility activity and water quality

information will be collected during the term of the Conditional Waiver. An EIR is being

prepared pursuant to the CEQA to assess alternatives for a long-term water quality

regulatory program to ensure the protection of water quality from discharges of waste from

irrigated lands to waters of the State.

31. It is not appropriate at this time to adopt individual WDRs to regulate discharges of waste

from irrigated lands because there are estimated to be more than 25,000 individual owners

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

and/or operators of irrigated lands who discharge waste from irrigated lands and it is

neither feasible nor practicable due to limitations of Central Valley Water Board resources

to adopt WDRs within a reasonable time.

32. It is not appropriate at this time to adopt individual WDRs because although there is

information that discharges of waste from irrigated lands have impaired waters of the State,

information is not generally available concerning the specific locations of impairments,

specific causes, specific types of waste, and specific management practices that could

reduce impairments and improve and protect water quality. The conditions of the

Conditional Waiver will result in the development of new and additional information on

which to base the adoption of individual or general WDRs, if appropriate. The conditions

of the Individual Discharger Conditional Waiver require actions to protect and improve the

quality of the waters of the State within the Central Valley Region. The conditions of the

Conditional Waiver may be enforced in a manner similar to enforcement of WDRs.

Coverage under the Conditional Waiver may be terminated at any time and the Executive

Officer may require any person to submit a RWD and comply with the Water Code

pursuant to individual or general WDRs.

33. Water Code section 13269 requires that the Water Board determine that any waiver of

waste discharge requirements is in the public interest. The Water Board has considered all

the comments of the public and finds that this Order waiving waste discharge requirements

for dischargers of waste from irrigated lands is in the public interest as further described.

The Water Board has many options to regulate discharges of waste, including through

individual and general waste discharge requirements, prohibitions in the Basin Plan, and

individual and general conditional waivers of waste discharge requirements. Due to the

large numbers of dischargers within the scope of the Board’s jurisdiction, the lack of direct

regulation in the past, the lack of information about the specific sources of discharges of

waste from such lands, and the unprecedented scope of the program, it is reasonable to

establish an interim conditional waiver that sets forth a process to collect the necessary

information and require management plans to control the sources of discharges of waste as

that information is developed. The Central Valley Water Board finds that allowing the use

of Coalition Groups provides a reasonable way to coordinate the efforts of large groups of

dischargers that are not readily identified by the Central Valley Water Board and, if such

Coalition Groups adequately comply with the conditions of the Conditional Waiver, the use

of Coalition Groups will continue to be a reasonable manner of regulation. The adoption of

this Conditional Waiver is also in the public interest because: 1) it was adopted in

compliance with Water Code Sections 13260, 13263, and 13269 and other applicable law;

2) it requires compliance with water quality standards, 3) it includes conditions that are

intended to reduce and prevent pollution and nuisance and protect the beneficial uses of the

waters of the State; 4) it contains more specific and more stringent conditions for protection

of water quality compared to the 2003 Conditional Waiver; 5) contains conditions that are

similar to the conditions of municipal stormwater NPDES permits, including evaluation

and implementation of management practices to meet applicable water quality standards

and a more specific MRP; 6) given the magnitude of the discharges and number of persons

who discharge waste from irrigated lands, it provides for an efficient and effective use of

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

limited Central Valley Water Board resources; and 7) it provides reasonable flexibility for

the Dischargers who seek coverage under the Conditional Waiver by providing them with

the option of complying with the Water Code.

34. This action to waive the requirement to submit RWDs and to obtain WDRs for discharges

of waste from irrigated lands: 1) is conditional; 2) may be terminated at any time; 3) does

not permit any illegal activity; 4) does not preclude the need for permits that may be

required by other State or local government agencies; and 5) does not preclude the Central

Valley Water Board from administering enforcement remedies (including civil liability)

pursuant to the Water Code.

35. As part of the Central Valley Water Board’s irrigated lands program strategy, the Central

Valley Water Board has directed staff to prepare an EIR to evaluate alternatives for a

comprehensive, long-term water quality regulatory program to regulate discharges of waste

from irrigated lands. The long-term program will enable the Central Valley Water Board to

track progress in reducing the amount of waste discharged to waters of the State and measure

the effectiveness of management practices implemented in order to meet the goal of

compliance with applicable water quality standards. The preparation of an EIR to evaluate

currently available and new information will identify and assess alternatives to achieve

compliance with applicable water quality standards. The Central Valley Water Board has

hired a contractor to prepare the EIR. On 6 March 2006, a draft Existing Conditions Report

prepared by the contractor was provided for a 60-day public comment period. During the

public comment period, staff of the Central Valley Water Board and the contractor conducted

seven public outreach meetings to introduce and discuss the draft Existing Conditions

Report.

36. Resolution No. R5-2003-0105 implemented conditional waivers, which are provided for as

the regulatory process under California’s NPS Policy to meet the requirements of the Water

Code. WDRs, including individual WDRs or general WDRs, may be adopted in the future

for one or more types of discharges of waste from irrigated lands covered by the

Conditional Waiver if, for example, it is determined that the Conditional Waiver is not

effective at ensuring that water quality is protected.

37. As time and resources allow, the Central Valley Water Board will further evaluate

discharges of waste from irrigated lands to determine if the Conditional Waiver is adequate

to improve and/or protect water quality and the beneficial uses of waters of the State. This

evaluation will characterize these discharges, evaluate the effects of these discharges on

waters of the State, and assess the effectiveness of management practices implemented to

address impairments of waters of the State.

38. Where other State agencies have a regulatory role for activities or pollution addressed by

the conditions of the Conditional Waiver, the Central Valley Water Board will work

cooperatively with other State agencies in order to effectively regulate discharges of waste

from irrigated lands.

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

39. The Conditional Waiver applies to discharges of waste from irrigated lands to surface

waters, which are waters of the State. The Conditional Waiver is not intended to regulate

water in agricultural fields, including, but not limited to, furrows, beds, checks, and

ancillary structures, contained on private lands associated with agricultural operations. The

Conditional Waiver is not intended to address the lawful application of soil amendments,

fertilizers, or pesticides to land.

40. Since the adoption of the 2003 Conditional Waiver, there has been some uncertainty in

determining whether or not a particular parcel of irrigated land discharges waste to waters

of the State, and if there may be discharges, whether such discharges are intended to be

covered within the scope of the Conditional Waiver. This Order provides clarification for

Dischargers to determine whether a particular parcel of land discharges waste and provides

clarification of the intended scope of the Conditional Waiver with respect to stormwater

discharges.

41. The Conditional Waiver applies to discharges of waste from irrigated lands to surface

waters of the State, as described by the scope of the Conditional Waiver. A discharge of

waste to surface water subject to the Conditional Waiver is one that could directly or

indirectly reach surface waters of the State, which include natural streams, constructed

agricultural drains, agricultural dominated waterways, and other non-stream tributaries (see

Attachment A, Information Sheet), or to other waters which may be hydrologically

connected to such waters of the State. Direct discharges may include, for example,

discharges directly from piping, tile drains, ditches or sheet flow to surface waters of the

State. Indirect discharges may include, for example, discharges from one parcel to another

parcel and then to surface waters of the State. This Conditional Waiver applies to

discharges of waste to surface waters of the State as a result of irrigation activities, certain

water district operations, and stormwater runoff.

42. This Conditional Waiver is not intended to apply to those lands that discharge waste to

waters of the State only on rare occasions during large storm events. Whether or not an

individual parcel will discharge waste to surface waters of the State depends on a number

of factors that vary significantly from site to site. These factors include the amount and

timing of rainfall, land topography, soil type, and proximity to a surface water body. It is

the responsibility of the potential discharger to determine whether or not they discharge

waste to waters of the State. The Executive Officer will provide a Fact Sheet to assist

owners and operators of irrigated lands in determining whether or not there is a discharge

of waste from their lands that is within the scope of this Conditional Waiver.

43. The Conditional Waiver does not cover discharges of waste from irrigated lands that

receive liquid waste from sources such as dairy operations and food processors. Owners

and/or operators of facilities that receive such liquid waste must obtain WDRs or a separate

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

conditional waiver, as directed by the Central Valley Water Board.

44. The Conditional Waiver is not intended to cover discharges of waste from irrigated lands

used for gardens, vineyards, small orchards, small pastures, and small greenhouses that are

used for the purpose of producing crops and/or animals for personal consumption or use,

and the product or service is not sold commercially. Owners and operators of irrigated

lands described in this finding are not required to submit a RWD or obtain WDRs unless

directed by the Executive Officer or Central Valley Water Board.

45. The Conditional Waiver does not apply to discharges of waste that are subject to the

NPDES permit program under the Clean Water Act. Discharges of waste from irrigated

lands that constitute agricultural return flows as defined in the Clean Water Act are exempt

from regulation under the NPDES permit program.

46. The Conditional Waiver does not apply to discharges of waste that are regulated under

another Conditional Waiver, individual WDRs or general WDRs. This Order does not

supercede the Central Valley Water Board’s Basin plans and policies, including

prohibitions (e.g., pesticides) and implementation plans (e.g., Total Maximum Daily

Loads), or the State Water Board’s plans and policies.

47. The Conditional Waiver provides an alternative regulatory option to WDRs. Individual

Dischargers may seek coverage under the Conditional Waiver.

48. Dischargers are required to comply with the Water Code, but are not required to join a

Coalition Group. Dischargers may comply with the Water Code by joining a Coalition

Group, by filing for coverage under this Conditional Waiver, by filing a RWD to obtain

individual or general WDRs, or by ceasing to discharge.

49. The Central Valley Water Board does not expect that all water quality standards will be

achieved in all waters of the State in the Central Valley Region within the term of this

Order. The conditions of the Conditional Waiver, however, require actions that will lead to

achieving applicable water quality standards. To satisfy the conditions of the Conditional

Waiver, Dischargers must submit technical reports, conduct monitoring of surface waters,

implement management practices, evaluate the effectiveness of management practices,

refine management practices to improve their effectiveness where necessary, protect

against pollution and nuisance, and protect the quality of waters of the State. MRPs must

be submitted to the Central Valley Water Board as required by Water Code Section 13269.

Technical reports must be submitted to the Central Valley Water Board in accordance with

Water Code Section 13267. The technical reports must document the results of water

quality and management practice monitoring, as defined in Attachment A, describe actions

taken to correct water quality impairments and nuisance conditions, and identify future

actions necessary to improve and protect water quality. The management practices must be

designed and implemented to achieve improvements in water quality, achieve compliance

with applicable water quality standards, and demonstrate compliance with the conditions in

the Conditional Waiver and with State and Central Valley Water Board plans and policies.

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

As described in Attachment B, if requested by the Executive Officer, Dischargers are

required to develop and implement a Management Plan when a discharge is causing or

contributing to an exceedance of an applicable water quality standard.

50. To apply for coverage under the Conditional Waiver, a Discharger must submit a complete

Notice of Intent (NOI) to comply with the conditions of the Conditional Waiver for approval

by the Executive Officer. Upon submittal of a complete NOI, the Executive Officer may

issue a Notice of Applicability (NOA), after which the Discharger will be considered covered

under the Conditional Waiver.

51. Attachment B of the Conditional Waiver describes the terms and conditions that apply to

Individual Dischargers.

52. Pursuant to Water Code Section 13263(g), discharge of waste to waters of the State is a

privilege, not a right, and adoption of this Conditional Waiver and the receipt of an NOA

from the Executive Officer do not create a vested right to continue the discharge.

53. This Conditional Waiver may be terminated at any time by the Central Valley Water Board

and may be revised by the Central Valley Water Board after a public hearing. The

Executive Officer may terminate the applicability of the Conditional Waiver with respect to

a specific Discharger upon notice to the Discharger.

54. Interested persons were notified that the Central Valley Water Board will consider the

adoption of a Conditional Waiver, which conditionally waives WDRs for discharges of

waste from irrigated lands to surfaces waters, as described in this Order, and were provided

an opportunity for a public hearing and an opportunity to submit written comments.

55. In a public hearing, all comments pertaining to this Order were heard and considered.

56. The administrative record for this matter includes the administrative record for the 2003

Conditional Waivers and the Central Valley Water Board records since that time.

57. For purposes of adoption of this Order, the Central Valley Water Board is the lead agency

pursuant to the CEQA (Public Resources Code Sections 21100 et seq.). On

5 December 2002, the Central Valley Water Board approved an Initial Study and Negative

Declaration in Resolution No. R5-2002-0201. Resolution No. R5-2003-0105 modified the

Conditional Waivers contained in Resolution No. R5-2002-0201, but did not substantially

change the project considered in the Initial Study and Negative Declaration. Additional

documents that clarify the basis for the Conditional Waivers are attached to Resolution No.

R5-2003-0103, which approved the Initial Study and adopted a Negative Declaration with

the clarifications.

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

58. This Order is not a new project that requires preparation of any new environmental

documents to comply with CEQA. It is a renewal of an existing project, with modifications.

These findings, nevertheless, evaluate whether a subsequent environmental document is

required. Public Resource Code section 21166 and Title 14 California Code of Regulations

section 15162 (CEQA Guidelines) specifies that when the lead agency has adopted a

negative declaration for a project, the agency is not required to prepare a subsequent

environmental document unless the lead agency determines, on the basis of substantial

evidence in the light of the whole record, that, in summary: 1) substantial changes are

proposed in the project that involve new significant environmental impacts; 2) substantial

changes occur with respect to the circumstances of the project; or 3) new information of

substantial importance which was not previously known shows that the project will have

significant effects. None of the circumstances requiring preparation of subsequent

environmental document has occurred.

59. The project is the renewal of Conditional Waivers originally adopted in 2003; it is not a new

project. Substantial changes are not proposed in the project or with respect to the

circumstances of the project that would involve new significant environmental effects or a

substantial increase in environmental effects. This Order will require actions to protect water

quality as compared to Resolution No. R5-2003-0105. These actions include development,

implementation of management practices, and implementation of Management Plans as

requested by the Executive Officer and enhanced reporting and communications with regard

to exceedances of applicable water quality standards.

60. Since the adoption of Resolution No. R5-2003-0105 and the Negative Declaration, new

information has become available to the lead agency. Central Valley Water Board staff has

compiled two years of water quality monitoring data from Central Valley Water Board

sources, Coalition Groups, Water Districts and others within the Sacramento River, San

Joaquin River, and Tulare Lake Basins. Additional information has been provided by

contract with the University of California (UC). Water quality monitoring data from

Coalition Groups and Individual Dischargers identified exceedances of applicable water

quality standards. Monitoring conducted through a contract with the University of California

and monitoring from Coalition Groups and individual dischargers have identified problem

sites in many water bodies since 2004. Information from about 110 monitoring sites through

UC monitoring, about 90 monitoring sites from Coalitions, and 24 monitoring sites with

Irrigation Districts is providing data that will prove invaluable in characterizing the effects of

irrigated agriculture on water bodies in the Central Valley. About 1,758 samples were

collected by all of the Irrigated Lands Coalitions, and approximately 739 through the UC

contract.

Coalition monitoring consisted primarily of toxicity testing (Phase I) and represents

approximately 20 percent of the water bodies within most individual coalition boundaries at

this time. Coalitions are required to expand their monitoring sites each year to be able to

assess all water bodies within their boundaries, as well as to expand into Phase II monitoring

which will include pesticides, nutrients and general water quality parameters.

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

Much of the existing data provides information about agricultural monitoring sites that were

tested for various parameters for the first time, in particular with respect to water column and

sediment toxicity. The toxicity evaluates the overall quality of the water or sediment, and

accounts for the cumulative effect of multiple stressors, such as combinations of pesticides

that individually may not exceed water quality standards.

From the Coalition data, it is now known that sediment and water column toxicity exists

throughout the Central Valley. Water column toxicity averages from 5.9 to 13 percent, and

sediment toxicity ranges from 21 to 29 percent. Pesticide monitoring data, primarily

through the UC contract also provides the information that approximately 92 percent of the

water bodies tested indicated detectable levels, with approximately 64 percent exceeding

water quality standards.

The UC monitoring data already provides information about toxicity in concert with

pesticides, nutrients and other water quality parameters. With the commencement of Phase

II monitoring by the Coalitions, the monitoring results will provide more data on additional

monitoring sites that will attempt to explain the toxicity detected during Phase I.

Some water quality parameters and chemicals were tested for the first time in these water

bodies. This information helps to substantiate that waters within the Central Valley Region

are impacted by discharges of waste from irrigated lands but does not indicate that there are

new impacts not already known at the time of the adoption of the Negative Declaration that

shows that this project has significant environmental effects. The Conditional Waivers

require compliance with applicable water quality standards and require prevention of

pollution and nuisance; they do not allow violation of water quality objectives or degradation

of waters of the State. The Conditional Waiver establishes an iterative process that requires

Dischargers to evaluate and then implement and/or improve management practices where it

is determined that discharges of waste from irrigated lands have caused or contributed to

exceedances of applicable water quality standards. In addition, when it is determined that

discharges of waste from irrigated lands have caused or contributed to exceedances of

applicable water quality standards, the Executive Officer may request a Management Plan,

which will identify the management practices that may be implemented, evaluate the

effectiveness of existing management practices in achieving applicable water quality

standards, and identify additional actions, including, but not limited to, different or additional

management practice implementation to achieve applicable water quality standards. The

Management Plan will also include a schedule to implement the management practices and

the means of assessing and evaluating their effectiveness. These conditions are consistent

with the Water Code and the Basin Plans.

61. The new data and information were considered in this Order. The new data and information

confirm the effects of discharges of waste from irrigated lands on water quality that were

previously discussed in the Initial Study and Negative Declaration. The new data and

information do not show that there are any new effects of the project that were not discussed

in the Initial Study and Negative Declaration, nor do they show that the effects discussed

would be more severe than discussed in the Initial Study and Negative Declaration. The

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

project is the conditional waiver of waste discharge requirements. This Conditional Waiver

does not allow dischargers to degrade waters of the State and does require dischargers to

comply with water quality standards, protect beneficial uses, and protect against pollution

and nuisance. The project, therefore, does not cause effects that are more severe than

discussed in the Initial Study and Negative Declaration. The conditions of the waiver, if

complied with, will protect the waters of the State. Therefore, no subsequent environmental

document is required for this Order.

1. Pursuant to Water Code Sections 13263, 13267, and 13269, Dischargers, as defined in

Attachment A, who are covered under the Conditional Waiver, in order to meet the

provisions contained in Water Code Division 7 and regulations and plans and policies

adopted thereunder, shall comply with the terms and conditions contained in Attachment B.

2. A Discharger may not discharge any waste not specifically regulated by the Conditional

Waiver except in compliance with the Water Code.

3. Dischargers shall implement management practices, as necessary, to improve and protect

water quality and to achieve compliance with applicable water quality standards.

4. Pursuant to Water Code Section 13269, the Central Valley Water Board waives the

requirement for Dischargers to submit a RWD and to obtain WDRs for discharges of waste

from irrigated lands if the Discharger complies with the Conditional Waiver and

Monitoring and Reporting Program Order No. R5-2003-0827 and any revisions thereto.

5. Pursuant to Water Code Section 13269, this action waiving the issuance of WDRs for

certain specific types of discharges: 1) is conditional; 2) may be terminated at any time;

3) does not permit any illegal activity; 4) does not preclude the need for permits which may

be required by other local or governmental agencies; and 5) does not preclude the Central

Valley Water Board from administering enforcement remedies (including civil liability)

pursuant to the Water Code.

6. Dischargers shall comply with the terms and conditions of the Conditional Waiver and take

action to improve and protect waters of the State.

7. The Conditional Waiver shall not create a vested right, and all such discharges of waste

shall be considered a privilege, as provided for in Water Code Section 13263.

8. A waiver of WDRs for a type of discharge may be superceded if the State Water Board or

Central Valley Water Board adopts specific WDRs or general WDRs for this type of

discharge.

9. The Central Valley Water Board may review this Conditional Waiver at any time and may

modify or terminate the Conditional Waiver in its entirety.

ORDERNO. R5-2006-0054

INDIVIDUAL DISCHARGERC ONDITIONALW AIVER OF

WASTE DI SCHARGE REQUIREMENTS

FORD ISCHARGESF ROMI RRIGATEDL ANDS

- 1 6 -

10. This Order becomes effective on 1 July 2006 and expires on 30 June 2011 unless

rescinded or renewed by the Central Valley Water Board. Upon completion of the EIR, the

Central Valley Water Board may reopen this Order to reconsider the expiration date.

I, PAMELA C. CREEDON, Executive Officer, do hereby certify the foregoing is a full, true, and

correct copy of an Order and Attachments adopted by the California Regional Water Quality

Control Board, Central Valley Region, on22 June 2006--.

PAMELA C. CREEDON, Executive Officer

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

CENTRAL VALLEY REGION

ORDER NO. R5-2006-0054

APPLICABLE WATER QUALITY CONTROL PLANS,

DEFINITIONS AND INFORMATION SHEET

FOR

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR

DISCHARGES FROM IRRIGATED LANDS

Order No. R5-2006-0054 requires the Coalition Groups and individual Dischargers to comply with

applicable state plans and policies and applicable state and federal water quality standards and to take

actions to prevent nuisance. The water quality standards are set forth in state and federal plans, policies

and regulations. The California Regional Water Quality Control Board, Central Valley Region’s

(Central Valley Water Board) Water Quality Control Plans (Basin Plans) contain specific water quality

objectives, beneficial uses, and implementation plans that are applicable to discharges of waste and/or

water bodies that receive discharges of waste from irrigated lands. The State Water Resources Control

Board (State Water Board) has adopted plans and policies that may be applicable to discharges of waste

and/or water bodies that receive discharges of waste from irrigated lands. The United States

Environmental Protection Agency has adopted the National Toxics Rule and the California Toxics Rule,

which constitute water quality criteria that apply to waters of the United States. The specific waste

constituents to be monitored within each Coalition Group boundaries and the applicable water quality

standards that protect identified beneficial uses for the receiving water will be set forth in the monitoring

and reporting program.

This Attachment A lists the relevant plans, policies, and regulations, contains definitions of terms used

in Order No. R5-2006-0054, and includes an Information Sheet to clarify the “tributary rule” in the

Basin Plans.

The following Basin Plans have been adopted by the Central Valley Water Board and are available on

the Central Valley Water Board’s website at www.waterboards.ca.gov./centralvalley or by contacting

the Central Valley Water Board at (916)-464-3291. Basin Plans are revised periodically.

revised September 2004

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS FOR

DISCHARGES FROM IRRIGATED LANDS

May 2004

The following definitions apply to the Conditional Waiver and Monitoring and Reporting Program as

related to discharges of waste from irrigated lands. All other terms shall have the same definitions as

prescribed by the Porter-Cologne Water Quality Control Act (California Water Code Division 7), unless

specified otherwise.

1. Coalition Group - Any group of Dischargers, participants, and/or organizations that form to comply

with the Conditional Waiver. Coalition Groups can be organized on a geographic basis or can be

groups with other factors in common such as commodity groups.

2. Discharger - The owner and/or operator of irrigated lands that discharge or have the potential to

discharge waste that could directly or indirectly reach surface waters of the State and could affect the

quality of the waters of the State..

3. Discharges of waste from irrigated lands – Surface discharges, such as irrigation return flows,

tailwater, drainage water, subsurface drainage generated by irrigating crop land or by installing and

operating drainage systems to lower the water table below irrigated lands (tile drains), stormwater

runoff flowing from irrigated lands, stormwater runoff conveyed in channels or canals resulting from

the discharge from irrigated lands, and/or operational spills containing waste.

4. Exceedance - For the purposes of the Conditional Waiver, an exceedance is a reading using a field

instrument or a detection by a California State-certified analytical laboratory where the detected

result is above an water quality standard for the parameter or constituent. For toxicity tests, an

exceedance is a result that is statistically different from the control sample test result.

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS FOR

DISCHARGES FROM IRRIGATED LANDS

5. Irrigated lands – Lands where water is applied to produce crops, including, but not limited to, land

planted to row, vineyard, pasture, field and tree crops, commercial nurseries, nursery stock

production, managed wetlands, rice production, and greenhouse operations with permeable floors

that do not currently discharge under waste discharge requirements (WDRs), National Pollutant

Discharge Elimination System (NPDES) permits, Municipal Separate Storm Sewer System permits,

or other NPDES permits.

6. Irrigation return flow – Surface and subsurface water which leaves the field following application of

irrigation water.

7. Liquid waste - Any waste materials, which are not spadable.

8. Monitoring - All types of monitoring undertaken in connection with determining effects on water

quality, water quality conditions, and factors that may affect water quality conditions. Monitoring

includes, but is not limited to, in-stream water quality monitoring undertaken in connection with

agricultural activities, monitoring to identify short and long-term trends in water quality, active

inspections of operations, and management practice implementation and effectiveness monitoring.

The purposes of monitoring include, but are not limited to, supporting the development and

implementation of the Conditional Waiver, verifying the adequacy and effectiveness of the

Conditional Waiver’s conditions, and evaluating each Coalition Group’s compliance with the terms

9. Operational spill – Irrigation water that is diverted from a source such as a river, but is discharged

without being delivered to or used on an individual field.

10. Receiving waters - Surface waters that receive or have the potential to receive discharges of waste

from irrigated lands.

11. Requirements of applicable water quality control plans - Water quality objectives, prohibitions,

Total Maximum Daily Load Implementation Plans, or other requirements contained in water quality

control plans adopted by the Central Valley Water Board and approved according to applicable law.

12. Stormwater runoff – The runoff of precipitation from irrigated lands.

13. Subsurface drainage – Water generated by installing and operating drainage systems to lower the

water table below irrigated lands. Subsurface drainage systems, deep open drainage ditches, or

drainage wells can generate this drainage.

14. Tailwater – The runoff of irrigation water from an irrigated field.

15. Waste – As defined in California Water Code (Water Code) Section 13050. Includes sewage and any

and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation,

or of human or animal origin, or from any producing, manufacturing, or processing operation,

including waste placed within containers of whatever nature prior to, and for the purposes of disposal.

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS FOR

DISCHARGES FROM IRRIGATED LANDS

Waste specifically regulated by the Conditional Waiver includes: earthen materials, such as soil, silt,

sand, clay, and rock; inorganic materials, such as metals, salts, boron, selenium, potassium, and

nitrogen; and organic materials, such as pesticides that enter or have the potential to enter waters of

the State. Examples of waste not specifically regulated by the Conditional Waiver include hazardous

and human wastes.

16. Water District – California law defines a water district. For purposes of the Conditional Waiver, a

water district is any district or other political subdivision, other than a city or county, a primary

function of which is the irrigation, reclamation, or drainage of land or the diversion, storage,

management, or distribution of water primarily for domestic, municipal, agricultural, industrial,

recreation, fish and wildlife enhancement, flood control, or power production purposes. (Water

Code Section 20200.) Such districts include, but are not limited to, irrigation districts, county water

districts, California water districts, water storage districts, reclamation districts, county waterworks

districts, drainage districts, water replenishment districts, levee districts, municipal water districts,

water conservation districts, community services districts, water management districts, flood control

districts, flood control and floodwater conservation districts, flood control and water conservation

districts, water management agencies, and water agencies. Water districts may be a discharger if the

water district accepts or receives discharges from irrigated lands, and discharges or threatens to

discharge irrigation return flows, tailwater, operational spills, drainage water, subsurface drainage

generated by irrigating crop land or by installing and operating drainage systems to lower the water

table below irrigated lands (tile drains) and/or stormwater runoff flowing from irrigated lands to

other waters of the State.

17. Waters of the State – As defined in Water Code Section 13050. Any surface water or groundwater,

including saline waters, within the boundaries of the State. The Conditional Waiver regulates

discharges of waste from irrigated lands to surface waters.

18. Water Quality Standards – Water quality objectives in the Central Valley Water Board’s Basin

Plans, water quality criteria in the California Toxics Rule and National Toxics Rule adopted by U.S.

EPA, and/or water quality objectives in other applicable State Water Board plans and policies.

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS FOR

DISCHARGES FROM IRRIGATED LANDS

In July 2003, the Regional Water Quality Control Board, Central Valley Region (Central Valley Water

R5-2003-0105). Various parties filed petitions with the State Water Resources Control Board (State

Water Board) and filed petitions for writ of mandate in the Sacramento County Superior Court. On 10

(Court Order). In that ruling, the Court remanded:

"this action so that Respondents may clarify in its findings the extent to which the Waiver is

intended to apply to agricultural dominated waterways and constructed agricultural drains and

other non-stream tributaries; the extent to which the Waiver purports to impose receiving water

limitations upon such waterbodies; and, in light of the foregoing, the extent to which the Waiver

may rely on application of the Tributary Rule for these purposes." (Court Order at 77).

In response to the Court's three questions:

1. The Conditional Waivers apply to all waters of the state within the Central Valley Region,

including agricultural dominated waterways, constructed agricultural drains, and other nonstream

tributaries.

2. The Conditional Waivers impose receiving water limitations upon agricultural dominated

waterways, constructed agricultural drains, and other non-stream tributaries to the same extent as

the Basin Plans.

3. The Central Valley Water Board has designated beneficial uses for listed water bodies, including

uses for certain agricultural drains in its Water Quality Control Plans. See Chapter II of the

Water Quality Control Plan for the Sacramento River and San Joaquin River Basins and the

Water Quality Control Plan for the Tulare Basin. To address water bodies that are not separately

listed in the Water Quality Control Plans, the Regional Board set forth the so-called “tributary

rule”. The Regional Board generally does not use the tributary rule to determine beneficial uses

for constructed agricultural drains and other non-stream tributaries. The tributary rule generally

does apply to agricultural dominated water bodies. Even if a water body is not listed and the

tributary rule does not apply, beneficial uses of water bodies may be designated pursuant to other

laws or policies. For example, designated uses may be based on the United States

Environmental Protection Agency’s water quality standards regulations. See State Water Board

Order WQO 2002-0016 at 6.

*This Information sheet was added to the 2003 Conditional Waiver by Resolution R5-2005-0137 on 20 October 2005 to

address the Court Order.

ORDER NO. R5-2006-0054

TERMS AND CONDITIONS

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER

OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

(Conditional Waiver). The Conditional Waiver conditionally waives waste discharge requirements

(WDRs) and reports of waste discharge for discharges of waste from irrigated lands to surface waters

within the Central Valley Region. The Conditional Waiver establishes terms and conditions with which

Dischargers and/or Water Districts must comply to obtain coverage under and to be considered in

compliance with the Conditional Waiver. Order No. R5-2006-0054 defines “discharges of waste from

irrigated lands” as including waste in surface discharges, such as irrigation return flows, tailwater,

drainage water, subsurface drainage generated by irrigated crop land or by installing and operating

drainage systems to lower the water table below irrigated lands (tile drains), stormwater runoff flowing

from irrigated lands, stormwater runoff conveyed in channels or canals resulting from the discharge of

waste from irrigated lands.

Dischargers shall comply with the following conditions:

1. Dischargers shall comply with all conditions of the Conditional Waiver, including timely submittal

enforcement action under the California Water Code (Water Code), including Central Valley

Regional Water Quality Control Board (Central Valley Water Board) orders, or termination of

coverage under the Conditional Waiver.

2. The reports submitted to comply with the Conditional Waiver shall be signed by a representative

authorized by the Discharger.

3. Any person signing a report submitted as required by the Conditional Waiver shall make the

following certification:

4. Dischargers shall comply with Monitoring and Reporting Program (MRP) Order No. R5-2003-0827,

which is required by the Conditional Waiver, or as revised by the Executive Officer.

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

5. Dischargers shall comply with applicable Total Maximum Daily Loads and implementation plans in

the Basin Plans.

6. Dischargers shall implement management practices, as necessary, to achieve best practicable

treatment or control of the discharge to reduce wastes in the discharges to the extent feasible and that

will achieve compliance with applicable water quality standards, protect the beneficial uses of waters

of the state, and prevent nuisance.

7. Dischargers shall not discharge any waste not specifically regulated by the Conditional Waiver,

cause new discharges of wastes from irrigated lands that impair surface water quality, or increase

discharges of waste or add new wastes that impair surface water quality not previously discharged

by the Discharger. Waste specifically regulated by the Conditional Waiver includes earthen

materials, such as soil, silt, sand, clay, and rock; inorganic materials, such as metals, salts, boron,

selenium, potassium, and nitrogen; and organic materials, such as organic pesticides, that enter or

have the potential to enter into waters of the State. Examples of waste not regulated by the

Conditional Waiver include hazardous waste and human waste.

8. The Central Valley Water Board staff may investigate the property of persons subject to the

Conditional Waiver pursuant to Water Code Section 13267(c) to ascertain whether the purposes of the

Porter-Cologne Water Quality Control Act are being met and whether the conditions of the

Conditional Waiver are being complied with. The inspection shall be made with the consent of the

owner or possessor of the facilities or, if the consent is withheld, with a warrant duly issued pursuant

to the procedure set forth in Title 13 Code of Civil Procedure Part 3 (commencing with Section

1822.50). In the event of an emergency affecting the public health or safety, an inspection may be

performed without consent or the issuance of a warrant.

9. Dischargers shall take all reasonable steps to prevent any discharge in violation of the Conditional

Waiver.

10. Dischargers shall maintain in good working order and operate as efficiently as possible any facility

or control system, including management practices and monitoring devices installed or used to

achieve compliance with the Conditional Waiver.

11. The discharge of any waste not specifically regulated by the Conditional Waiver described herein is

prohibited unless the Discharger complies with Water Code Section 13260(a) and the Central Valley

Water Board either issues WDRs pursuant to Water Code Section 13263 or an individual waiver

pursuant to Water Code Section 13269 or the time frames specified in Water Code Section 13264(a)

have elapsed.

12. This Order does not authorize any act that results in the taking of a threatened or endangered species

or any act that is now prohibited, or becomes prohibited in the future, under either the California

Endangered Species Act (Fish and Game Code sections 2050 to 2097) or the federal Endangered

Species Act (16 U.S.C.A. sections 1531 to 1544). If a "take" will result from any action authorized

under this Order, the dischargers shall obtain authorization for an incidental take prior to

construction or operation of the project. The dischargers shall be responsible for meeting all

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

requirements of the applicable Endangered Species Act.

1. A Discharger seeking to discharge under the Conditional Waiver shall submit a completed Notice

of Intent (NOI). The NOI form is included at the end of this Attachment B.

a. The NOI shall contain all the information requested in a format as approved by the Executive

Officer.

b. The NOI shall identify the representative authorized to sign reports submitted on behalf of

the Discharger.

c. The NOI shall identify the owner/operator, farm location, and the key contact(s).

d. The NOI shall include a description of nearby surface waters as required in the Conditional

Waiver and a commitment to satisfy the conditions of the Conditional Waiver.

e The NOI shall provide a detailed map of the farm area. The map(s) shall identify the points

where wastes as described in the Conditional Waiver are discharged from irrigated lands to

surface waters and are to be covered under the Conditional Waiver.

f. The NOI shall identify and discuss the following: crops commonly grown; chemicals

(pesticides, fertilizers, etc.) commonly applied in a manner that may result in the material

coming in contact with irrigation water or stormwater; management practices utilized to

reduce or eliminate the discharges of wastes to surface water which may impair water

quality; names of water bodies receiving the discharge(s); details of any subsurface drainage

collection system, and other information as requested by the Executive Officer.

2. Upon submittal of a complete NOI and approval of the NOI, the Executive Officer may issue a

Notice of Applicability (NOA) to extend coverage to the Discharger under the Conditional Waiver.

Those Dischargers who submitted an NOI and received an NOA pursuant to Resolution No.

R5-2003-0105 are not required to submit a new NOI, unless so requested by the Executive Officer.

3. Each Discharger that receives an NOA shall submit and implement a Monitoring and Reporting

Program (MRP) Plan as specified in MRP Order No. R5-2003-0827, or as revised by the Executive

Officer, which is required by the Conditional Waiver. The purposes of the MRP Plan include, but

are not limited to, the following: 1) to determine whether the discharge of waste from irrigated

lands causes or contributes to exceedances of receiving water limitations or causes nuisance; 2) to

provide information about the farm or Water District, including but not limited to, land use, crops

grown, and chemicals used; 3) to monitor the effectiveness of management practices implemented

to address exceedances of applicable water quality standards in meeting receiving water

limitations; 4) to determine which management practices are most effective in reducing wastes

discharged to surface waters from irrigated lands; 5) to specify details about monitoring periods,

parameters, protocols, and quality assurance; 6) to support the development and implementation of

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

the Conditional Waiver; 7) to verify the adequacy and effectiveness of the Conditional Waiver’s

conditions; and 8) to evaluate compliance with terms and conditions of the Conditional Waiver.

4. If a Discharger wishes to terminate coverage under the Conditional Waiver, the Discharger shall

submit a complete Notice of Termination (NOT). The NOT form is included at the end of this

Attachment B. Termination from coverage will occur on the date specified in the NOT, unless

specified otherwise. All discharges shall cease before the date of termination, and any discharges

on or after this date shall be considered in violation of the Conditional Waiver, unless other

Waivers of WDRs, General WDRs, or individual WDRs cover the discharge.

5. Upon a determination by the Discharger that a discharge is causing or contributing to an

exceedance of an applicable water quality standard in the Basin Plans, the Discharger shall

promptly notify the Central Valley Water Board in writing. Based on this information or other

information available to the Central Valley Water Board, the Discharger shall, upon written notice

by the Central Valley Water Board Executive Officer, submit a technical report called a

Management Plan to the Central Valley Water Board as follows:

a. The Management Plan shall evaluate the effectiveness of existing management practices in

achieving applicable water quality standards, identify additional actions, including different

or additional management practices that the Discharger proposes to implement to achieve

applicable water quality standards; and identify how the effectiveness of those additional

actions will be evaluated.

b. The Management Plan shall include a waste specific monitoring plan and a schedule to

implement additional management practices to achieve applicable water quality standards.

c. The Discharger shall submit any modifications to the Management Plan required by the

Central Valley Water Board and address the Central Valley Water Board’s comments within

30 days of written notification unless otherwise directed by the Executive Officer.

d. The Discharger shall make the Management Plan available to the public upon written

request. The Central Valley Water Board may provide the public an opportunity to review

and comment on submitted Management Plans.

e. The Management Plan may be incorporated into the MRP Plan, unless the Central Valley

Water Board Executive Officer directs an earlier submittal.

6. All reports submitted pursuant to the Conditional Waiver shall be available for public inspection at

the Central Valley Water Board offices, except for reports, or portions of such reports, subject to an

exemption from public disclosure in accordance with California law and regulations, including

trade secrets and secret processes under Water Code Section 13267(b)(2), and the Public Records

Act. NOIs shall generally not be considered confidential. If the Discharger asserts that all or a

portion of a report is subject to an exemption from public disclosure, the Discharger must clearly

indicate on the cover of the Report that the Discharger asserts that all or a portion of the report is

exempt from public disclosure, submit a complete report with those portions that are asserted to be

exempt in redacted form, submit separately-bound unredacted pages (to be maintained separately

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

by staff), and provide an explanation of how those portions of the reports are exempt from public

disclosure. The Central Valley Water Board staff shall determine whether any such report or

portion of a report qualifies for an exemption from public disclosure. If the Central Valley Water

Board staff disagrees with the asserted exemption from public disclosure, the Central Valley Water

Board staff shall notify the Discharger prior to making such report or portions of such report

available for public inspection.

7. All technical reports submitted pursuant to the Conditional Waiver are required pursuant to Water

Code Section 13267. Failure to submit technical reports in accordance with schedules established

by the Conditional Waiver and/or the attachments, or failure to submit a complete technical report

(i.e., of sufficient technical quality to be acceptable to the Executive Officer), may subject the

Discharger to enforcement action pursuant to Water Code Section 13268.

1. Dischargers must comply with applicable water quality standards, as defined in Attachment A.

The specific waste constituents to be monitored and the applicable water quality objectives that

protect identified beneficial uses for the receiving water will be set forth in the MRP. Dischargers

shall not cause or contribute to an exceedance of any applicable water quality standard.

2. Dischargers shall comply implement management practices to achieve best practicable treatment

or control of the discharge that will reduce wastes in the discharges to the extent feasible and that

will achieve compliance with applicable water quality standards, protect the beneficial uses of

waters of the State, and prevent nuisance.

Pursuant to Water Code Section 13267, the following technical reports are required to be submitted to

the Central Valley Water Board, as directed by the Executive Officer, as a condition of the Conditional

Waiver.

Wet Season Monitoring Report as required by the MRP

Order No. R5-2003-0827

Irrigation Season Monitoring Report as required by the MRP

Order No. R5-2003-0827

*Or as otherwise directed by the Executive Officer

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

Individual Dischargers shall pay a fee to the State Water Resources Control Board in compliance with

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

TO COMPLY WITH

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR

DISCHARGES FROM IRRIGATED LANDS

Farm > 200 acres

Organic Farm > 500 acres

Managed Wetlands

Nursery > 10 acres

Farm that discharge only stormwater

District which have operational spills and/or other

discharges to surface water

Other:

New Discharge or Farm/Facility

Existing Farm/Facility

Expansion

Changes in Ownership/Operator

Other:

Type of Irrigated Land

Row Crops

Orchard

Irrigated Pasture

Managed Wetland

Nursery

Other (please describe):

Acreage of Irrigated Lands:

Source Water Supply:

Estimated Water Usage:

Average: _________ Maximum: ___________

Other Information:

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

Please attach the following information to this NOI:

1. A site map, which shows the boundaries of the individual Discharger’s farm/facility and identifies surface

watercourses within 1,000 feet of the farm.

2. Use the space below, or attach additional sheets, to explain any response that needs clarification.

I certify under penalty of law that this document and all attachments were prepared under my

direction or supervision in accordance with a system designed to assure that qualified personnel

properly gather and evaluate the information submitted. Based on my inquiry of the person or

persons who manage the system, or those persons directly responsible for gathering the

information, the information submitted is, to the best of my knowledge and belief, true,

accurate, and complete. I am aware that there are significant penalties for submitting false

information, including the possibility of fine and imprisonment for knowing violations.

Print Name: ____________________________ Title:

____________________________________

Signature: ____________________________ Date: ____________________________________

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

TO COMPLY WITH

ORDER NO. R5-2006-0054

INDIVIDUAL DISCHARGER CONDITIONAL WAIVER OF

WASTE DISCHARGE REQUIREMENTS

FOR DISCHARGES FROM IRRIGATED LANDS

This document is only to be used for Individual Dischargers that have been issued a Notice of Applicability (NOA) by the

Executive Officer. Submission of this Notice of Termination constitutes official notification to the Central Valley Water

Board that the Individual Discharger identified below elects not be covered under Order No. R5-2006-0054, Individual

Discharger Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands.

Discharger Name:

Physical Address:

City/Locale: County: State: Zip:

Mailing Address:

City/Locale: County: State: Zip: Telephone Number:

production, managed wetlands and rice production.

Assessor’s Parcel #:

Township/Range/Section:

T ____ R ____ S _____ _____B&M

Closest Surface Water: (e.g. Sacramento River)

I certify under penalty of law that (1) I am not required to be covered under the Conditional Waiver of

Waste Discharge Requirements For Discharges From Irrigated Lands Within The Central Valley Region, and (2)

this document and all attachments were prepared under my direction or supervision in accordance with a system

designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my

inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the

information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I

am aware that there are significant penalties for submitting false information, including the possibility of fine and

imprisonment for knowing violations. I also understand that submittal of this Notice of Termination does not

release a facility from liability for any violations of the Conditional Waiver.

Print Name: ____________________________ Title: ____________________________________

Signature: ____________________________ Date: ____________________________________