The San Diego Water Board has the authority to waive the requirements that a person file a report of waste discharge (RoWD) or be issued waste discharge requirements (WDRs) prior to initiating a discharge to surface waters not subject to federal NPDES regulations or to land. Specifically, section 13269 of the Porter-Cologne Water Quality Control Act (Water Code) gives the San Diego Water 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 Water Board.

The types of discharge that are eligible for a conditional waiver are listed in Table 4-4 in Chapter 4 of the Basin Plan. The existing waivers were adopted and issued by the San Diego Water Board in September 2002 (Resolution No. R9-2002-0186), and became effective January 1, 2003. The existing waivers are valid for a period of five years and are set to expire December 31, 2007. The San Diego Water Board has issued waivers for the following discharging operations (or specific types of discharge):

1. Conventional septic tank/subsurface disposal systems for residential units.
2. Conventional septic tank/subsurface disposal systems for commercial/industrial establishments.
3. Alternative individual sewerage systems.
4. Conventional septic tank/subsurface disposal systems for campgrounds.
5. Construction and test pumping of water wells.
6. Air conditioner condensate.
7. Animal feeding operations (300 to 999 animal units).
8. Animal feeding operations (less than 300 animal units).
9. Plant crop residues.
10. Storm water runoff (not otherwise subject to NPDES regulations).
11. Sand and gravel mining operations.
12. Intermittent swimming pool discharges.
13. Dredging project wastes.
14. Short-term construction dewatering operations.
15. Manure composting and soil amendment operations.
16. Solid waste disposal facilities accepting only inert wastes.
17. Stream channel alterations.
18. Agricultural irrigation return water.
19. Nursery irrigation return water.
20. Short-term use of reclaimed wastewater.
21. On-site drilling mud discharge.
22. Timber harvesting.
23. Temporary discharge of specified contaminated soils.
24. Green waste composting facilities.
25. Incidental discharges within a response area during a spill response.
26. Permanent reclaimed water projects.

Resolution No. R9-2007-0104 was adopted at the October 10, 2007 Board meeting, which amends the Basin Plan to renew and issue the revised conditional waivers. The revised conditional waivers are set to go into effect January 1, 2008 or upon approval by the Office of Administrative Law, whichever comes later. There will be 11 conditional waivers that may be available for 35 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
  • Discharges of manure to composting operations
  • 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
  • Discharges of green wastes to composting operations
    
    
• Conditional Waiver No. 5 - Discharges from Silvicultural Operations
  • Discharges of storm water runoff
  • Discharges from timber harvesting projects
  • Discharges of green wastes to composting operations
  • 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
    
    
• 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 and 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
    
    
• 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 Water Board

San Diego Water Board contacts, applicable forms, and additional information for each conditional waiver will be posted after approval of Resolution No. R9-2007-0104 by the Office of Administrative Law.

Available Public Documents

• Resolution No. R9-2007-0104 (approved October 10, 2007)
• Technical Report (dated October 10, 2007)
• Appendices:
  • Appendix A - Review of the Existing Conditional Waivers
  • Appendix B - Review of New Types of Discharge
  • Appendix C - Tentative Resolution No. R9-2007-0104 and Basin Plan Amendment
  • Appendix D - Environmental Analysis and Checklist
  • Appendix E - Responses to Public Comments
    
    

For More Information

If you have comments or questions regarding the notice or waivers, please contact Mr. Wayne Chiu at (858) 637-5558, or via email at wchiu@waterboards.ca.gov, or at California Regional Water Quality Control Board, San Diego Region, 9174 Sky Park Court, Suite 100, San Diego, California 92123-4340.