Tentative Order No. R9-2014-0041
Conditional Waivers to the Basin Plan
From the San Diego Regional Water Quality Control Board Website, http://www.waterboards.ca.gov/sandiego/water_issues/programs/waivers/waivers.shtml
The San Diego Water Board is developing revised Conditional Waivers of Waste Discharge Requirements for Low Threat Discharges in the San Diego Region (tentative Waivers). Water Code section 13269 gives the San Diego Water Board the authority to waiver the requirements of Water Code sections 13260(a) and (c), 13263(a), and 13264(a) for specific discharges or specific types of discharge, provided the waiver is consistent with the Basin Plan and is in the public interest. The most recent set of Conditional
Waivers, adopted by Resolution No. R9-2007-0104, expired in February 2014. If adopted by the San
Diego Water Board, the tentative Waivers will replace the waivers adopted by the San Diego Water
Board in 2007.
In addition to revising and renewing several waivers adopted by the San Diego Water Board in 2007, the revised tentative Waivers will:
 incorporate a waiver for discharges from aquatic animal production facilities;
 include new waivers for specific types of discharges within the San Diego Region, which pose a low threat to the waters of the State, and are not currently regulated by the San Diego Water
Board;
 reorganize the waivers by grouping the specific types of discharge into classifications;
 provided general waiver conditions applicable to all specific types of discharge within a
 classification; and provide specific waiver conditions for each specific type of discharge within a classification, if applicable.
The tentative Waivers issued though the adoption of the Tentative Order No. R9-2014-0041 will require the implementation of effective management measures (MMs), and structural and non-structural best management practices (BMPs) to address potential impacts associated with storm water run on and runoff, wastes, and wastewaters discharged from facilities or operations located within the San Diego
Region.
The San Diego Water Board intends to consider adoption of Resolution No. R9-2014-0042, Negative
Declaration under California Environmental Quality Act (CEQA) for the Adoption of Conditional Waivers of Waste Discharge Requirements for Low Threat Discharges in the San Diego Region, and tentative
Order No. R9-2014-0041, Conditional Waivers of Waste Discharge Requirements for Low Threat
Discharges in the San Diego Region, at the San Diego Water Board meeting on June 26, 2014.
Currently, San Diego Water Board staff is accepting comments on the tentative Order, and CEQA documents. The 30-day public comment period for the tentative Order and tentative Resolution has been extended, and will end at 5:00 pm on May 19, 2014. The CEQA documents, tentative Order, and
Notice of Availability, which contains instructions on how to submit written comments, are available using the links below.

Tentative Order No. R9-2014-0041
Conditional Waivers to the Basin Plan
Summary of Waivers with URS annotations in blue italics.
Waiver No. 1 – Discharges from On-site
Graywater Disposal Systems
-Removes waiver for septic systems. SDWQCB intends to amend basin plan in Aug to incorporate state policy.
Waiver No. 2 – Discharges of Recycled Water to
Land
- Must file NOI (existing requirement)
- Must comply with Basin Salt Nutrient
Management Plan(new).
-For discharges less than 365 days.
For recycled water agencies before distributing water to permanent projects.
Waiver No. 3 – Miscellaneous “Low Threat”
Discharges to Land
1.
Discharges from on-site graywater disposal systems; Must file an NOI, comply with local standards and the CA plumbing code. No minimum threshold (homeowner or commercial)
2. Discharges of recycled water to land from shortterm projects;
3. Discharges of recycle water to land from permanent projects;
4. Discharges from construction and test pumping of water wells to land;
5. Discharges of air conditioner condensate and non-contact cooling water to land; (2500 gpd average for 365 days)
6. Swimming pool discharges to land; (File NOI if
>50,000 gallons in 365 day period)
7. Discharges from short-term construction dewatering operations to land; (File NOI prior to discharge if >5000 gpd average for 180 days)
8. Discharges from utility vaults and underground structures to land;
Only waiver condition to require monitoring.
Any discharges to ground from utility vaults requires NOI and Monitoring data prior to discharge.
Comply with Management Measures (MM) listed and file NOI when threshold is exceeded.)
For Landscape:
Products applied to lawns and landscaping must be in accordance with manufacturer’s instructions and guidelines, and must reliably attenuate before infiltrating to underlying groundwater
9. Miscellaneous “Low threat” discharges to land and/or groundwater;
• foundation drains, )
•
• days.)
• groundwater (drinking water wells, flushing water lines landscape/irrigation,
(no MM listed), washing vehicles, equipment and infiltration from facility pavement, (File NOI if discharge 1200 gpd for 30
• infiltration from structural BMPs (comply with MS4 standards and file NOI if > 1200 gpd for
365 days.)

Tentative Order No. R9-2014-0041
Conditional Waivers to the Basin Plan
Waiver No. 4
Annual Fee Required
Waiver No. 5
Annual Fee Required
10. Discharges of winery process water to lined evaporation ponds at small wineries;
11. Discharges of waste to land at composting facilities;
 agricultural wastes, green wastes, paper wastes, vegetative food wastes, or manures; and/or
 additives and amendments
Waiver No. 6 12. Discharges of storm water runoff from silvicultural operations;
13. Discharges from timber harvesting projects;
Where is No 14? In numbered list but not in waiver.
14. Discharges from wildfire suppression and fuels management activities; (no MM listed),
Waiver No. 7 Discharges of Animal Operations
Requires NOI (not required previously)
Annual Fee Required
EPA definition includes horses, cows, chickens, ducks, swine. Does not appear to include dogs, cats or small domestic animals, not defined in
waiver.
Per Roger Mitchell, definitions in fee structure;
Could not find CA fee structure.
15. Discharges from small animal feeding operations
New
Waiver No. 8. Discharges from Aquatic Animal
Production Facilities
16. Discharges from medium animal feeding operations;
17. Discharges of storm water runoff from animal operations;
18. Discharges of manure to compost operations;
19. Discharge/application of manure to soil as an amendment or mulch;
20. Discharges from grazing lands;
21. Discharges from aquatic animal production facilities
Waiver No. 9 – Discharges of Slurries to Land File
NOI prior to discharge to land.
No BMPs for concrete grinding residue.
Comply with IGP.
Waiver No. 10 – Discharges/Disposal of Solid
Wastes to Land.
Requires Annual Fee
22. Discharges of drilling muds to land;
(File NOI prior to discharge to land.)
23. Discharges of concrete grinding residues to land; c. Discharge of Slurries from Sand and
Gravel Mining Operations
24. Discharge/application of amendments and/or mulches to soil;
Comply with BMPs, don’t apply prohibited items or else NOI is required.
25. Discharges/disposal of inert waste to solid

Tentative Order No. R9-2014-0041
Conditional Waivers to the Basin Plan
Waiver No. 11 – Aerially Discharged Wastes
Overland
Waiver No. 12 – Discharges of Emergency/Disaster
Related Wastes waste disposal facilities only accepting inert wastes;
26. Discharges of soils containing wastes to temporary waste piles;
27. Discharges of waste related to fireworks displays over land; (1 display within 48 hours)
28. Other periodic aerial discharges of wastes over land;
29. Incidental discharges of oil and oily water within a response area during an oil spill response in marine waters;
30. Discharges of disaster related wastes to temporary waste piles and surface impoundments;
31. Discharges of mass mortality wastes to temporary waste piles and emergency landfills
32. Discharges of dredge or fill material into nonfederal waters of the State;
33. Emergency repair and protection activities in non-federal waters of the
State; and
34. Other discharges of emergency/disaster related wastes.
APPLICABILITY. Order No. R9-2014-0041 supersedes the waivers adopted as a Basin Plan amendment in
Resolution No. R9-2007-0104 except for enforcement purposes regarding violations of Resolution No.
R9-2007-0104. All Dischargers previously regulated by Resolution No. R9-2007-0104 are automatically enrolled under Order No. R9-2014-0041.

Tentative Order No. R9-2014-0041
Conditional Waivers to the Basin Plan
From EPA Website; http://www.epa.gov/region7/water/cafo/
What is an Animal Feeding Operation?
Animal Feeding Operations (AFOs) are agricultural operations where animals are kept and raised in confined situations. AFOs congregate animals, feed, manure and urine, dead animals, and production operations on a small land area. Feed is brought to the animals rather than the animals grazing or otherer wise seeking feed in pastures, fields, or on rangeland.
Your operation is an AFO if:

You confine animals for at least 45 days in a 12-month period, and

There's no grass or other vegetation in the confinement area during the normal growing season
EPA did not explicitly differentiate AFO's by size in the Code of Federal Regulations, but is commonly understood as follows.
A small AFO would be delineated as follows:
1 to 199 mature dairy cows, whether milked or dry;
1 to 299 veal calves;
1 to 299 cattle other than mature dairy cows or veal calves;
1 to 749 swine each weighing 55 pounds or more;
1 to 2,999 swine each weighing less than 55 pounds;
1 to 149 horses;
1 to 2,999 sheep or lambs;
1 to 16,499 turkeys;
1 to 8,999 laying hens, or broilers, if the AFO uses a liquid manure handling system;
1 to 37,499 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system;
1 to 24,999 laying hens, if the AFO uses other than a liquid manure handling system;
1 to 9,999 ducks (if the AFO uses other than a liquid manure handling system); or
1 to 1,499 ducks (if the AFO uses a liquid manure handling system);
A medium AFO would be delineated as follows:
200 to 699 mature dairy cows, whether milked or dry;
300 to 999 veal calves;
300 to 999 cattle other than mature dairy cows or veal calves;
750 to 2,499 swine each weighing 55 pounds or more;
3,000 to 9,999 swine each weighing less than 55 pounds;
150 to 499 horses;
3,000 to 9,999 sheep or lambs;
16,500 to 54,999 turkeys;

Tentative Order No. R9-2014-0041
Conditional Waivers to the Basin Plan
9,000 to 29,999 laying hens, or broilers, if the AFO uses a liquid manure handling system;
37,500 to 124,999 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system;
25,000 to 81,999 laying hens, if the AFO uses other than a liquid manure handling system;
10,000 to 29,999 ducks (if the AFO uses other than a liquid manure handling system); or
1,500 to 4,999 ducks (if the AFO uses a liquid manure handling system);