General Waste Discharge Requirements and Waiver of Waste Discharge Requirements for Discharges of Waste Associated with Cannabis Cultivation Activities
1 Documents in Project
Summary
SCH Number
2019028542
Public Agency
State Water Resources Control Board
Document Title
General Waste Discharge Requirements and Waiver of Waste Discharge Requirements for Discharges of Waste Associated with Cannabis Cultivation Activities
Document Type
NOE - Notice of Exemption
Received
Posted
2/26/2019
Document Description
On February 5, 2019, the State Water Resources Control Board (State Water Board) adopted amendments to the General Waste Discharge Requirements and Waiver of Waste Discharge Requirements for Discharges of Waste Associated with Cannabis Cultivation Activities (General Order). The General Order addresses waste discharges associated with legal cannabis cultivation activities and implements the amendments to the Cannabis Cultivation Policy Principles and Guidelines for Cannabis Cultivation (Cannabis Policy), which was also adopted by the State Water Board on February 5, 2019. The General Order provides authorization to discharge waste generated by cannabis cultivation and associated activities. Cultivation activities may occur indoor or outdoor. Requirements to protect water quality are provided in the Cannabis Policy and General Order. Compliance with the Cannabis Policy and General Order is required for a cannabis cultivator to obtain a cannabis cultivation license from the California Department of Food and Agriculture. A cannabis cultivation license is
required for a cultivator to participate in the legal cannabis marketplace (medical or recreational).
Contact Information
Name
Kevin Porzo
Agency Name
SWRCB
Contact Types
Lead/Public Agency
Phone
Name
Agency Name
SWRCB
Contact Types
Project Applicant
Location
Regions
Statewide
Notice of Exemption
Exempt Status
Ministerial
Type, Section or Code
Sec. 21080(b)(1); 15268
Reasons for Exemption
Cont., Categorical and Statutory: section 15301, 15308, section 13149
The adoption of the General Order is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, title 14, section 15301 (ongoing or existing projects). Water Code section 13149 required the State Water Board to adopt principles and guidelines addressing water diversion and water quality issues associated with cannabis cultivation. The principles and guidelines contain substantive criteria for enrollment, water quality protection, and
protective measures addressing biological and cultural resources. Water Code section 13149 (b)(1) provides that these actions of the State Water Board are deemed to be within California Code of Regulations, title 14, section 15308 (regulatory actions for environmental protection) if stream flow standards are not relaxed. The principles and guidelines described in the Cannabis Policy and as implemented in the General Order do not relax stream flow standards and are therefore exempt from further CEQA evaluation. Adoption of this General Order is a ministerial action under CEQA because it is a requirement of the Cannabis Policy. The General Order contains no substantive requirements that are not already required by the Policy, so there is no possibility that the General Order itself will have any significant effects on the environment. Because the General Order only implements requirements
under the already-adopted Cannabis Policy, it falls within CEQA's general rule that CEQA does not apply if it can be "seen with certainty" that the project will not have any significant environmental impacts. (Cal. Code of regs., tit. 14, section 15270, subd. (b}(3).)
Attachments
Notice of Exemption
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