San Diego Region - General Conditional Waivers
The San Diego Regional Water Quality Control Board (San Diego Regional Board) has the authority to waive the requirements that a person file a report of waste discharge (RoWD) and/or be issued waste discharge requirements (WDRs) prior to initiating a discharge to surface waters not subject to federal NPDES regulations. Specifically, section 13269 of the Porter-Cologne Water Quality Control Act (Water Code) gives the San Diego Regional Board the authority to waive 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 Water Quality Control Plan for the San Diego Basin (9) (Basin Plan) and is in the public interest. A waiver is available for a discharge if it can comply with the conditions of the waiver. Discharges that comply with the conditions of a waiver are expected to pose a low threat to the quality of waters of the state. Dischargers that cannot comply with the waiver conditions must file a RoWD with the San Diego Regional Board.
Resolution No. R9-2007-0104 (available below) was adopted by the San Diego Regional Board on October 10, 2007, which amends the Basin Plan to renew and issue the revised conditional waivers. Except for the waiver conditions pertaining to composting operations, the State Water Resources Control Board (State Water Board) approved Resolution No. R9-2007-0104 on November 4, 2008. There are 11 conditional waivers that may be available for 34 specific types of discharge within the San Diego Region. Dischargers must comply with the waiver conditions to be eligible for a waiver of the requirement to file a RoWD and/or issuance of WDRs. The 11 conditional waivers and the types of discharge included within each conditional waiver are listed below.
- Conditional Waiver No. 1 - Discharges from On-site Disposal Systems
- Discharges from conventional septic tank/subsurface disposal systems for residential units
- Discharges from conventional septic tank/subsurface disposal systems for commercial/industrial establishments
- Discharges from alternative individual sewerage systems
- Discharges from conventional septic tank/subsurface disposal systems for campgrounds
- Discharges from on-site graywater disposal systems
- Conditional Waiver No. 2 - "Low Threat" Discharges to Land
- Discharges from construction and test pumping of water wells to land
- Discharges of air conditioner condensate and non-contact cooling water to land
- Swimming pool discharges to land
- Discharges from short-term construction dewatering operations to land
- "Low threat" discharges to land and/or groundwater, including the following:
- Groundwater pumped from drinking water wells
- Groundwater from foundation drains, crawl space pumps, and footing drains
- Discharges from flushing water lines
- Discharges from washing vehicles, pavement, buildings, etc.
- Infiltration from residential/commercial/industrial/recreational facility landscape and lawn irrigation using groundwater or municipal supply water
- Infiltration from structural infiltration based BMPs
- Conditional Waiver No. 3 - Discharges from Animal Operations
- Discharges from medium animal feeding operations (300-999 animal units)
- Discharges from small animal feeding operations (less than 300 animal units)
- Discharges of storm water runoff
- Discharge/application of manure to soil as an amendment or mulch
- Discharges from grazing lands
- Conditional Waiver No. 4 - Discharges from Agricultural and Nursery Operations
- Discharges of plant crop residues to land
- Discharges of storm water runoff
- Discharge/application of amendments or mulches to soil
- Discharges of agricultural irrigation return water
- Discharges of nursery irrigation return water
- Conditional Waiver No. 5 - Discharges from Silvicultural Operations
- Discharges of storm water runoff
- Discharges from timber harvesting projects
- Discharges from wildfire suppression and fuels management activities
- Conditional Waiver No. 6 - Discharges of Dredged or Fill Materials Nearby or Within Surface
Waters
- Discharges from sand and gravel mining operations
- Discharges from dredging projects
- Discharges from stream channel operations
- Other projects proposing to discharge dredged or fill material nearby or within surface waters of the state
- Emergency Repair and Protection Activities in Non-Federal Waters of the State (see Order No. R9-2007-0211)
- Conditional Waiver No. 7 - Discharges of Recycled Water to Land
- Discharges to land from short-term recycled water projects (without permanent recycled water delivery and/or distribution systems, not to exceed 365 days)
- Discharges to land from permanent recycled water projects (with permanent recycled water delivery and/or distribution systems, limited to the period prior to the discharge being authorized under WDRs, WRRs, and/or MRP, not to exceed 365 days)
- Conditional Waiver No. 8 - Discharges of Solid Wastes to Land
- Discharges of plant crop residues to land
- Discharges of manure and green wastes to composting operations
- Discharge/application of amendments and mulches to soil
- Discharge/disposal of inert wastes to solid waste disposal facilities only accepting inert wastes
- Discharges of soils containing wastes to temporary waste piles
- Discharge/disposal/reuse of soils characterized as inert from contaminated sites to land
- Conditional Waiver No. 9 - Discharges of Slurries to Land
- Discharges of on-site drilling mud to land
- Discharges of concrete grinding residues to land
- Conditional Waiver No. 10 - Discharges of Emergency/Disaster Related Wastes
- Incidental discharges of oil and oily water within a response area during an oil spill response in marine waters
- Discharges of disaster related wastes to temporary waste piles and surface impoundments
- Discharges of mass mortality wastes to temporary waste piles and emergency landfills
- Other discharges of emergency/disaster related wastes
- Emergency Repair and Protection Activities in Non-Federal Waters of the State (see Order No. R9-2007-0211)
- Conditional Waiver No. 11 - Aerially Discharged Wastes Over Land
- Discharges of wastes related to fireworks displays over land
- Other wastes discharged aerially over land that may adversely affect the quality of the groundwaters of the state, but determined to be "low threat" by the San Diego Regional Board
Available Public Documents
- Resolution No. R9-2007-0104 (as approved by State Water Board, Resolution No. 2008-0081, on November 4, 2008)
- Resolution No. R9-2007-0104 (as adopted by the San Diego Regional Board on October 10, 2007)
- Technical Report (dated October 10, 2007)
- Forms:
For More Information
If you have questions regarding the waivers, please contact the appropriate Ground Water Basin Unit and/or Watershed Unit for your type of discharge and location of discharge.