EXECUTIVE OFFICER'S REPORT- September 2000

GENERAL

Ambient Water Quality Monitoring for PAHs - Mary Fiore Wagner

This summer, Regional Board staff initiated a monitoring program to evaluate the presence of Polycyclic Aromatic Hydrocarbons (PAHs) in Lake Tahoe. PAHs are semi-volatile compounds that are by-products of combustion. At low concentrations PAHs can be toxic to aquatic life. Likely sources of PAHs in the Lake Tahoe Basin include automobile emissions, wood smoke, from both fireplaces and prescribed burns, and motorized watercraft.

Regional Board staff believe a PAH study is needed to assist us in commenting on near-term proposals to increase shorezone development, expand marinas, and pier development in significant spawning areas. This study would evaluate existing water quality conditions before additional development is allowed.

The PAH monitoring effort is supported by funds allocated for the regional monitoring program. Regional Board staff is responsible for PAH sample collection and the University of Nevada, Reno is providing analysis of the samples. UNR is analyzing the water samples for a suite of 16 priority toxic PAHs identified by EPA.

The sample locations for the PAH Monitoring Study are designed to evaluate water quality conditions at marinas, mid-lake stations (background), and west shore sites located in significant spawning areas. Two sampling runs have already been conducted and six more events are planned between now and next July. The sampling schedule is designed to capture high-boat use holiday weekends (Fourth-of-July and Labor Day) and pre- and post-boating season activity.

The limited data to date shows background concentrations of PAHs at mid-lake and west shore stations to be below reporting limits which are in the parts per trillion. As expected, PAHs have been measured in marinas which are characterized by heavier motorized boat traffic.
Opera House, Olympic Valley, Placer County - Tammy Lundquist

Third quarter 2000 ground water analytical results for the Opera House site show nondetect for total petroleum hydrocarbons as diesel (TPH-d) in six of the eight monitoring wells. MW-1 and MW-3, which are located near the former tank cavity reported TPH-d concentration of 230 parts per billion (ppb) and MW-3 at 350 ppb, respectively. The Squaw Valley Public Service District municipal well #3 that is closest to the tank cavity was operated for a short period of time in August. Subsequent testing of the ground water in the well showed non-detect for TPH-d. This indicates that the TPH-d contamination released from the former UST has not impaired this municipal well.
Loading Dock, Olympic Valley, Placer County - Tammy Lundquist
This allowed the excavation of previously unattainable contaminated soil. The UST had been closed in place because of underground utilities that were routed over the top of the UST. In order to remediate TPH-d contamination in ground water a temporary ground water pump and treat system was installed in April 2000 at the site. The system removed approximately 200,000 gallons of water and operated continuously until July 2000 when it was decommissioned. Three monitoring wells remain at the site. The June 2000 ground water analytical results show a maximum TPH-d concentration of 350 ppb. An underground storage tank (UST) that was previously closed in place was removed.
Update on Squaw Valley Ski Corporation's Headwall-Cornice II and Gold Coast-Mainline Ski Lift Projects - Scott Ferguson

Regional Board staff have recently attended two Placer County Planning Commission meetings (August 10, 2000 and August 24, 2000) addressing the Placer County Environmental Review Committee's (ERC) recommendations regarding the above-referenced projects. The ERC recommended that an Environmental Impact Report (EIR) be developed to address the impacts associated with unauthorized work that had been completed and additional work to be completed by Squaw Valley Ski Corporation (SVSC) on the above-referenced lift projects. The ERC also recommended that the Placer County Conditional Use Permit be revoked in response to the unauthorized construction activities.

The ERC's recommendation to develop an EIR was based in large part upon Regional Board staff's written comments regarding significant impacts that had occurred as a result of the unauthorized work, and the potential for significant impacts associated with the additional work SVSC has proposed. The Placer County Planning Commission supported the ERC's recommendation regarding the EIR after hearing testimony presented by the ERC, Regional Board staff, and SVSC staff and representatives.

The Placer County Planning Commission two weeks later supported the ERC recommendation to revoke the Conditional Use Permit, which will prohibit SVSC from operating the two lifts this ski season. The Placer County Planning Commission took this action after SVSC staff and representatives, the ERC, and Regional Board staff were unable to develop a consensus regarding the scope of the EIR with respect to a cumulative impacts analysis.
SVSC has appealed the two Placer County Planning Commission actions. A hearing on this appeal will be held by the Placer County Board of Supervisors during its October 16 and 17, 2000 meeting. Regional Board staff anticipates that we will be requested to present testimony regarding the water quality impacts associated with the unauthorized work that has been completed and the potential impacts associated with the proposed construction activities.
TRPA's Amendment of Code to Allow for a Pier in Prime Fish Habitat when Done in Conjunction with Removal of a Boat Ramp - Mary Fiore Wagner

The Tahoe Regional Planning Agency's (TRPA) Code prohibits the placement of piers in areas identified as "Feeding And/Or Escape Cover Habitat, " Spawning Habitat," or "Areas Targeted for Habitat Restoration," on TRPA's Prime Fish Habitat map adopted April 26, 1984.

Early this year, TRPA received an application to "convert" a boat ramp to a pier in Prime Fish Habitat. In response to this application, TRPA evaluated the current Code language which permits demolition and replacement of a shorezone structure located in Prime Fish Habitat only if it is replaced with the same shorezone structure (i.e., a pier can replace a pier). At its October Governing Board Meeting the TRPA is considering amending the Code to allow the demolition, relocation, and replacement of one shorezone structure (boat ramp) located in a Prime Fish Habitat area with another, different, shorezone structure (pier) within the same project area if there is a net reduction in disturbance to Prime Fish Habitat.

Regional Board staff believes amending the TRPA Code will not be consistent with the Water Quality Control Plan for the Lahontan Region (Basin Plan) language which prohibits "the discharge or threatened discharge, attributable to new pier construction…to significant spawning habitats or to areas immediately offshore of important stream inlets in Lake Tahoe." TRPA has prepared a "Buildout Structure Summary" which reveals six shorezone structures, five private boat ramps located in significant spawning habitat and one quasi public boat ramp located at an important stream inlet, which potentially may be affected by the above-mentioned Code Amendment. In addition, there are six public boat ramps that may also be converted if the Code is amended, but it is unlikely a public boat ramp would be replaced by a pier because of current and future recreational demands at Lake Tahoe.

Regional Board staff have learned of future applications requesting conversion of some of the six boat ramps. If any of these six boat ramps were allowed to convert to piers, this activity could not be permitted by the Regional Board because it would violate the above-mentioned Basin Plan Prohibition.

The proposed project application now on file at TRPA is not located in a significant spawning area or located immediately offshore of important stream inlets in Lake Tahoe. The project is located in "Feed/Cover Habitat" and as such, if the conversion of this boat ramp to a pier is allowed, it would not violate the Basin Plan Prohibition.

Regional Board staff recommends the Regional Board consider a Basin Plan amendment. Based on the TRPA's analysis, conversion of a boat ramp to a pier facilitates an opportunity to restore the substrate under the boat ramp and increase fish habitat. Conversion of a boat ramp to a pier would also move motorized watercraft activity farther offshore and create a net reduction in disturbance to the areas designated as "Prime Fish Habitat."
Update of Upper Truckee River and Trout Creek Fecal Coliform Monitoring Program, Summer 2000 - Abigail O'Keefe
(See Attached Table)

Regional Board staff are continuing to monitor non-point sources (NPS) of fecal coliform in the Lake Tahoe Basin.

In addition to processing samples from the Upper Truckee River and Trout Creek, Regional Board staff are collaborating with the U.S. Forest Service (USFS) to monitor fecal coliform concentrations in Meiss Meadows, Big Meadows and the Baldwin allotment in the Tallac Creek subwatershed.

On August 10, 2000, fecal coliform concentrations at the Upper Barton Meadows drastically increased as a result of the landowner extending the fencing in a previously unused paddock across the Upper Truckee River to allow access for livestock to water. Fecal coliform concentrations downstream rose to 5800/100ml (three days previous to the incident, concentrations were 57/100ml). Regional Board staff immediately contacted the landowner to inform them of the violation. The landowner responded to our recommendations a few days later by moving the fence to exclude livestock direct access to the water. Fecal concentrations have now returned to the previous levels.

Occasionally, cattle are observed grazing in Trout Creek in the Truckee Marsh. Levels have remained high. As agreed, Regional Board staff has continued to transmit monitoring data immediately after the 24-hour tests to allow the landowner to adjust grazing operations to protect water quality.

If significant violations are found this year, the landowners are to remove the cattle early. The California Tahoe Conservancy has purchased the Truckee Marsh land (lower Barton Meadows) and the livestock will be removed as soon as escrow closes. If for some reason escrow does not close, the landowners are to implement the permanent livestock management plan (involving fencing the cattle away from surface waters) or not allow cattle to graze the property next season. If the landowner does not take these corrective actions, Regional Board staff will pursue further regulatory actions.
Public Workshop on Bridgeport Reservoir TMDL - Jason Churchill

During a Mono County Board of Supervisors meeting on September 12, 2000, Regional Board staff held a public workshop to familiarize interested parties with Regional Board actions to develop Total Maximum Daily Loads (TMDLs) for the Bridgeport Reservoir, and to seek public input on the process. Approximately 20-25 members of the public attended. TMDLs are pollutant loading limits required under the federal Clean Water Act (CWA) for surface waters that are not meeting water quality standards. The Bridgeport Reservoir and several other waterbodies in Mono County are slated for TMDLs, including Crowley Lake. The workshop included presentations by Regional Board staff member Tom Suk, and Dr. Alexander Horne of the University of California, Berkeley. Dr. Horne is currently studying factors affecting the Bridgeport Reservoir, as part of the TMDL process.

A question-and-answer session followed the presentations. Among issues discussed were: processes by which water quality standards and beneficial uses of waterbodies are established or revised by the Regional Board; timeframes for development and implementation of TMDLs; how compliance with TMDLs is evaluated; potential difficulties in obtaining and interpreting meaningful water quality data; and the current nutrient problems in the Bridgeport Reservoir. Regional Board staff emphasized that we are presently in an information-gathering stage. Identifying pollutant sources and appropriate control measures may be challenging due to the nonpoint sources of nutrient inputs in this watershed. One or more additional public workshops are planned as Regional Board staff moves forward in the TMDL-development process.
Caltrans Storm Water Management Program Annual Report - Bud Amorfini

Regional Board staff has been assisting the SWRCB in reviewing and commenting on Caltrans' deliverables required under the state-wide NPDES storm water permit. Due to major deficiencies, significant staff time has been necessary to evaluate the program reports and provide comments that address key issues in the Lahontan Region. The SWRCB's comments on Caltrans' April 1, 2000 Annual Report were distributed on August 10, 2000 and mirror Regional Board staff's concerns. In general, the Annual Report was deficient due to the lack of specificity and failure to address key items required by the permit. Requirements to assess non-storm water discharges, self-audit criteria and results, educational program progress, BMP development and selection, and interagency cooperation were inadequate. In addition, the report failed to provide relevant monitoring and tracking data collected during the reporting period, failed to evaluate Caltrans' compliance with the permit, and did not recommend any changes to improve the effectiveness of the program, as required.

Implementation of Caltrans' Storm Water Management Program (SWMP) is reflected at the Regional level in the District-specific Annual Work Plans. In its comment letter, the SWRCB required that Caltrans submit a revised Annual Report that addresses the comments by September 30, 2000, and submit revised Annual Work Plans to the respective Regional Boards once the final SWMP is approved. Regional Board staff are continuing to work with the SWRCB and Caltrans to improve the SWMP and implementation of storm water control activities in the Lahontan Region. Currently, work is focussed on Caltrans' Storm Water Characterization Monitoring Plan for the state and developing Annual Work Plans relevant to specific watersheds.
US Forest Service Unauthorized Disharge Glen Alpine Road - Kara Russell

On June 8, 2000 Regional Board staff learned that the Forest Service (Lake Tahoe Basin Management Unit) had placed fill along much of the length of Glen Alpine Road. Sections of Glen Alpine Road lie within the 100-year floodplain of Glen Alpine Creek, tributary to Fallen Leaf Lake and eventually Lake Tahoe. Regional Board staff met with the Forest Service on June 19, 2000 to inspect the roadway and the amount and type of fill placed in the road. Staff discovered road base material, some three-quarter inch size rocks but mostly fines, had been placed on the roadway. We understand from information provided by the Forest Service, 400 to 500 tons of material was imported, spread and compacted on the roadway. Approximately 100 to 150 tons of the placed material was in the floodplain.

The Forest Service previously placed large cobbles in Glen Alpine Road to restore washed out areas of roadbed after the 1997 Flood; however, this was done under a Regional Board prohibition exemption for emergency flood repair projects. Regional Board staff did not review and would not have recommended an exemption for the placement of road base material on Glen Alpine Road. The placement of fill material within the 100-year floodplain of Glen Alpine Creek without a Regional Board exemption constitutes a violation of a Basin Plan waste discharge prohibition.

I issued a Notice of Violation including a request, pursuant to Section 13267 of the California Water Code, requiring the Forest Service to submit a workplan proposing options for removal and/or stabilization of the fill material and to complete the corrective action prior to October 15, 2000.

Staff received a written response from the Forest Service listing three options. After discussing the permitting options with the Forest Service, they agreed to remove the fill material placed in the floodplain and stabilize the roadway with clean, washed rock prior to October 15, 2000.
Implementation Dates for Compliance with Stormwater Effluent Limitations for Caltrans Facilities and BMP Retrofit Projects in the Lake Tahoe Hydrologic Unit - Robert Erlich

A recent review of the Caltrans Statewide Storm Water Permit revealed that there is some ambiguity in compliance dates. One section states that Caltrans facilities must comply with treatment requirements, effluent limits, and/or receiving water limitations by 2008, while other sections require immediate compliance with numerical effluent limitations and waste discharge prohibitions. The proposed Municipal NPDES permit for Tahoe Basin local Governments requires that all areas within a permitee's jurisdiction comply with numeric effluent limits by November 30, 2008.

I believe the ambiguities in the Caltrans Statewide Permit need to be clarified and that the requirements should be consistent with requirements in the NPDES Municipal Permit. I intend to work with the State Board and Caltrans to address this issue.
Status of the Project Budget for the City of South Lake Tahoe's Trout Creek Stream Restoration Project - Mary Fiore Wagner

On April 13, 1998, the California Regional Water Quality Control Board-Lahontan Region (Regional Board) adopted Resolution 6-98-39 which approved the expenditure of funds from the Tahoe Keys Mitigation Fund for the City of South Lake Tahoe's (City) Trout Creek Stream Restoration Project (Project). The Regional Board reserved $1,227,208 plus the remaining interest from the Tahoe Keys Mitigation Fund money to support the implementation of the water quality improvement Project.

The project site is located in El Dorado County within the Stream Environment Zone of Trout Creek and Cold Creek between Pioneer Trail and Martin Avenue. The restoration of the entire reach of Trout Creek between Pioneer Trail and Martin Avenue is occurring during two phases. Phase I, which has been completed, involved construction of over 3,000 feet of new channel and revegetation. Phase II a., occurring during the Summer and Fall of 2000, involves constructing approximately 6,100 feet of new stream channel. Phase II b., scheduled for 2001, involves introducing flow into the new channel, constructing a new confluence with Cold Creek, filling the existing channel, and completing the revegetation of the site. Each phase of this project has a monitoring component and the City has committed to evaluate the effectiveness of the project over a five-year period.

Since the Regional Board's approval of the Project Budget, additional funding became available for this Project. The additional funding came from the Bureau of Reclamation (Bureau). Funds from the Bureau were largely used to fund construction of Phase I and partly to fund monitoring. As a result of this additional funding, it appears that the city will not need the full fund authorization to complete the project.

At the time Resolution 6-98-39 was adopted the Regional Board authorized payment from the Fund not to exceed $50,000 for monitoring. The City has developed a comprehensive long-term monitoring program for this project that exceeds this $50,000 authorization. The City is requesting an additional $175,000 for a total of $225,000 to help fund a 5-year plus monitoring program. Monitoring will include digital and aerial photography, water quality monitoring including sediment transport measurements, flow measurements, stream alignment surveys, vegetation surveys, and satellite imagery.

Regional Board staff believe long-term comprehensive monitoring associated with this Project will provide regulatory agencies and project proponents with valuable information regarding the efficacy of restored wetlands in improving water quality. The Project will restore the existing meadow and creek system to a naturally functioning, ecologically balanced wetland. A comprehensive monitoring program for this Project will produce data that is currently lacking but vital for future wetland/stream restoration projects in the Lake Tahoe Basin. As such, Regional Board staff support the City's request to augment the $50,000 currently reserved for monitoring with $175,000 of the surplus of principle.

Because Resolution 6-98-39 authorized a $50,000 cap on monitoring, an amendment to the Resolution is required. Regional Board staff plan to bring this matter to the November Board Meeting in Ridgecrest.
Susanville Consolidated Sanitary District (SCSD), Lassen County - T. Jerrold Peacock

As mitigation for the Skyline road extension, Lassen County proposes to construct new wetlands adjacent to SCSD's existing treatment wetland. These new mitigation wetlands will be partially supported by treated sewage effluent flows from SCSD. Once completed, the new mitigation wetlands will offer additional treatment of effluent prior to its discharge to Brockman Slough and the Susan River. Until the new wetlands are fully developed, increases in suspended sediment may occur, and because detention time and exposure to animals will increase, coliform levels of waters entering Brockman Slough may also increase. These and other operational issues will be addressed as part of the NPDES permit update process that will be completed before the mitigation wetlands are constructed.
Proposition 13 - Cindy Wise

In March 2000, California voters approved Proposition 13, the Safe Drinking Water, Clean Water, Watershed Protection and Flood Protection Act. Proposition 13 authorized the State of California to sell $1.97 billion in general obligation bonds to support water quality, flood protection and water reliability projects throughout the State.

The State and Regional Board will help to allocate $763.9 million of these funds to local projects throughout California. The funds are available to municipalities, local public agencies, nonprofit organizations, and in some cases, to educational institutions.

The funds will be allocated through three new grant programs: Watershed Protection Program (Watershed Program) -- $90 million; Nonpoint Source Pollution Control Program (NPS Program) $100 million; Coastal Nonpoint Source Control Program (Coastal NPS Program) -- $90 million. Proposition 13 identifies six specific set-aside projects in the Watershed and Coastal NPS Programs which total $17 million, and are located in Pajaro River, Russian River, Clover Creek, Clear Lake, Huntington Beach and San Diego. The remaining funds will be allocated through a competitive process, which uses request for proposals (RFPs). The content of the final RFPs will be developed in a public process. However, State and Regional Board staff will develop the initial limited scope RFPs in order to initiate release of funds in the first year (Fiscal Year 2000-01). The initial limited scope RFPs are expected to be available in October 2000. For project proposals received under the initial, limited scope RFPs, funding recommendations will be made by State and Regional Board staff. The State Board will make the final decisions on all project awards. The full text of Proposition 13 and other related information can be found at http://www.waterboards.ca.gov/water_issues/programs/grants_loans/propositions/prop13.shtml
Plan for California's Nonpoint Source Pollution Control Program Program Plan - Cindy Wise

In July 2000, the National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) gave full approval of the Plan for California's Nonpoint Source Pollution Control Program (Program Plan). The overall purpose of the Program Plan is to improve the State's ability to effectively manage nonpoint source pollution and conform to the requirements of the federal Clean Water Act and the federal Coastal Zone Act Reauthorization Amendments of 1990.

The Program Plan was developed by staff of the State and Regional Boards, and California Coastal Commission (CCC) in coordination with staff from over 20 other State agencies. The Program Plan represents a significant commitment by the State to expand its efforts over the next 13 years to reduce and prevent nonpoint source pollution.

The approved Program Plan includes 61 management measures as goals for six nonpoint source categories (agriculture, forestry, urban areas, marinas and recreational boating, hydromodification, and wetlands/riparian areas/vegetated treatment systems). Because California has successfully upgraded its nonpoint source program, it will receive an additional $5.2 million in federal funds. The full text of the Program Plan and related information can be found at http://www.waterboards.ca.gov/water_issues/programs/nps/.
Wrightwood Sewerage Feasibility Study - Tim Post

San Bernardino County has contracted Wilson So and Associates, to perform a Sewerage Feasibility Study for the Wrightwood area. Wrightwood has recently experienced an upswing in building permit applications for townhouses and condominiums that require package treatment plants according to San Bernardino County policy and the Lahonton Basin Plan. The Feasibility Study will address three scenarios: sewering the downtown businesses, sewering the area contained in the "Blue Zone" (an area exhibiting seasonally high ground water) and sewering the entire Wrightwood area. Surveys are to be sent to affected residents the week of September 25, 2000, and responses are due back two weeks after that. San Bernardino County estimates the Sewerage Feasibility Study will be complete by late October. Board staff has expressed support for sewering Wrightwood and will continue to support San Bernardino County in this effort.
Aerochem Ground Water Hexavalent Chromium Issue - Gene Rondash

On August 17, 2000, Department of Toxic Substances Control (DTSC), as lead agency for the Aerochem El Mirage site, issued a Proposition 65 Notice based on high concentrations of Chrome VI found in upper zone ground water samples. This action was a result of four months of effort with Board staff and Aerochem engineers evaluating a Facility Investigation and an interim Volatile Organic Compound (VOC) corrective action work plan. Aerochem is providing bottled water to 38 people and conducting a Chrome VI source determination study. The Mojave Air Quality Management District is working with Aerochem to determine if Chrome VI is being emitted from the Aerochem's chemical scrubber stacks during the upper zone VOC contaminated ground water pump and treat operations. On September 1, 2000, Board staff attended a meeting at which the geological and water quality data in the El Mirage area was discussed. This meeting also served to establish a cooperative mechanism for DTSC/Aerochem's effort to develop an interim Chrome VI and VOC Corrective Action Measure (CAM). Board staff is also working closely with DTSC, Department of Health Services staff and local purveyors to determine the levels of total and Chrome VI in groundwater in the area.
Owens Lake Dust Mitigation Projects Begins - Joe Kenny

The Southern Owens Valley is classified as a Serious Non-Attainment Area for air quality, due to toxic dust emissions from the dry lakebed surface. The City of Los Angeles Department of Water and Power (LADWP) has proposed to implement dust control mitigation measures on the dry Owens Lake playa through the shallow flooding of 13.5 square miles of the lakebed. Shallow flooding with water from the Los Angeles Aqueduct will raise the high ground water level to the level of the lakebed surface, saturate the surface, and thus, control dust that has been impacting air quality throughout the southern portion of Owens Valley. Construction of a pilot scale project will begin in early October 2000.

Board staff have provided written comments on the Environmental documents for the project and have participated in meetings that included the discussion and review of the LADWP Application for Water Quality Permit certification. We will continue to work with stakeholders during the project implementation.
Final Biosolids Environmental Impact Report (EIR) Certified and General WDRs Adopted by State Board - Jehiel Cass

On August 17, 2000, the State Board certified the Final Biosolids EIR and adopted Statewide General WDRs for biosolids application to land. Board staff provided comments on the draft final and final EIRs.
In many respects, the new Statewide General WDRs will be similar to the general biolsolids WDRs previously adopted by the Lahontan Regional Board. The Regional Boards will implement the requirements of the Statewide General Permit as we would under an individual permit issued by the Board. Under the new statewide biosolids WDRs, Dischargers proposing to apply biosolids to land will submit to the Regional Board a Notice of Intent (NOI). After reviewing the information in the NOI, the Executive Officer may issue a Notice of Applicability for the discharge to be covered under the General Permit. Individual Dischargers in the Lahontan Region will be eligible for coverage under the Statewide General WDRs. The Statewide General WDRs will be applicable to all proposed biosolids application to land projects.
Sierra Business Park Environmental Impact Report (EIR) - Cindi Mitton

The proposed Sierra Business Park is located west of the Mammoth Lakes Airport in Mono County. The project consists of a new development of 24 lots on 36.7 acres. The proposed lot use is light industrial.

Board staff provided comments on the scoping documents for the project and asked the project proponent to evaluate potential impacts to water quality from the project. Specifically, we are concerned about the water quality impacts from the proposed individual sewage disposal systems and discharges of storm water runoff. It is our belief that the EIR must address these issues and include mitigation to: 1) prevent the discharge of industrial wastes to the on-site wastewater disposal systems; 2) address the possible increased nutrient load to the watershed from the use of septic tanks and, 3) control storm water runoff. Board staff will review the final EIR to ensure our comments are adequately incorporated.

We have provided comments on the Draft EIR requesting further mitigation measures to protect water quality. Board staff will review the final EIR to ensure our comments are adequately incorporated.

UST CLOSURES
Underground Storage Tanks Closure - 6B1900975T - AIR FORCE PLANT 42, Site 4, Building 460, 3520 East Avenue M, Palmdale, Los Angeles County - Jehiel Cass

While installing new underground piping at the site connecting the tanks to the dispenser, the contractor discovered an area of stained soil near the tanks where a spill had occurred from overtopping. Northrop Grumman, Inc., the owner, required that additional soil be excavated in the area of the release. Following excavation of visually impacted soil, soil samples were collected indicating that low levels of petroleum hydrocarbons remain. Board staff closed the case because there are only low concentrations of hydrocarbons remaining in soil and the depth to ground water is over 350 feet deep. The tanks at this location remain in service with upgraded spill and leak detection equipment installed.

ENFORCEMENT
Notice of Violation Issued to Caltrans - Cindi Mitton

Board staff inspections of the Highway 395 Rush Creek project noted violations of the 401 Water Quality Certification issued to Caltrans. Stream diversion and clearing activities appear to be a primary cause of the violations.

On August 17, 2000, an NOV was issued to Caltrans requiring immediate actions to correct situations causing silt discharges, and an amendment of the Storm Water Pollution Prevention Plan (SWPPP) for the project. The amended SWPPP will require a specific work plan to be developed prior to each stream diversion, sampling and 72-hour notice to Board staff prior to diversion or clearing work.
Dischargers Petition Superior Courts to Overturn Administrative Civil Liability Orders for the Swiss Mart-South Lake Tahoe, Swiss Mart-Kings Beach, and Meyers Beacon - Chuck Curtis

Attorneys representing Azad Amiri, Mohan and Sohan Singh, and Sarbjit Singh Kang have petitioned the El Dorado and Placer County Superior Courts for writs of mandate to set aside the Regional Board's Administrative Civil Liability (ACL) Orders for the two Swiss Mart gas stations and the Meyers Beacon gas station. Regional Board staff is working with the Deputy Attorney General and Regional Board counsel to prepare for these court cases.

At the October 13, 1999 Regional Board meeting, the Regional Board imposed two administrative civil liabilities of $95,000 and $59,000 to the Responsible Parties of the Swiss Mart-South Lake Tahoe gas station for failure to comply with their Cleanup and Abatement Order. Also at that meeting, the Regional Board imposed an administrative civil liability of $78,000 to the Responsible Parties of the Swiss Mart-Kings Beach gas station and imposed an administrative civil liability of $112,500 to the Responsible Parties of the Meyers Beacon gas station for failure to comply with their Cleanup and Abatement Orders. These ACL Orders were petitioned to the State Water Resources Control Board, and the petitions were denied.
IMC Chemicals Inc., Notice to Comply and Notice of Violation Issued - Greg Cash

During an inspection on September 1, 2000, the Regional Water Quality Control Board staff (Board staff) issued a Notice to Comply (NTC) to IMC Chemicals Inc., (IMCC) for failure to implement effective Best Management Practices (BMPs) in the Argus Plant. Board staff set a September 18, 2000 date to have the deficiencies corrected (improving trash collection, better oil storage, and increased oil leak recovery).

On September 7, 2000, Board staff issued a Notice of Violation (NOV) for violations of the Cease and Desist Order (CDO), Cleanup and Abatement Order (CAO) and the Waste Discharge Requirements (WDRs) for the Trona and Argus Plants. IMCC violated the 10-day rolling average for non-kerosene petroleum hydrocarbons in the Trona Plant for seven days during August 2000. IMCC also violated the daily average for non-kerosene petroleum hydrocarbons in the Argus Plant for two days in August 2000. Additional violations of reporting requirements, violations of the CAO and violations of narrative requirements were also detailed in the NOV.

IMCC has continued the cleanup of the floating oil along the lakebed, as well as the oil stained shoreline. During the month of August, approximately 11 dead/dying waterfowl were discovered on Searles Lake. During the time period of July 17 through August 11, IMCC discovered 86 locations on Searles Lake that contained either dead waterfowl or parts of dead waterfowl. The timing of these bird deaths could not be determined.

Pilot testing by IMCC consultants continues on the discharged brine to determine the best method for achieving non-detectable final effluent limits for petroleum hydrocarbons, which IMCC must meet by July 1, 2001. At this time, two methods are being evaluated. Board staff is monitoring results of the pilot testing and is investigating other best available technologies that could be evaluated by IMCC to treat its discharges.
Avocet Tungsten, Submits Financial Assurance - Michele Ochs

In March 2000, The Board adopted a CDO against Avocet Tungsten Inc., for violation of its WDRs. Avocet had violated its WDRs, by failing to provide financial assurance for closure. The order required proof of financial assurance to be submitted by April 5, 2000. Avocet did not meet this requirement.

We have closely monitored Avocet's efforts to obtain the required Financial Assurance. The required Letter of Credit was received on September 6, 2000, fulfilling the requirements of the WDRs and CDO.

PETITIONS
IMC Chemicals Inc., Petition of the Basin Plan Amendments - Greg Cash

IMCC submitted a petition to the State Water Resources Control Board (SWRCB) requesting review of the Basin Plan Amendments that were adopted at the July 2000 Regional Board meeting. IMCC has requested that the Regional Board remove Water Contact Recreation, Non-Contact Water Recreation, Inland Saline Water Habitat, and Wildlife Habitat beneficial uses of Searles Dry Lake. The Basin Plan amendments which were adopted did not include removal of these beneficial uses. The petition also alleges that the Regional Board improperly noticed the amendments since the notice precluded the Board from approving IMCC's request.
Petition of National Cement Company's Cement Kiln Dust WDRs - Elizabeth Lafferty

During the May 10, 2000 meeting, The Board adopted revised WDRs for the Cement Kiln Dust (CKD) pile to incorporate closure requirements and approve a ground water corrective action strategy. The CKD pile will be closed in place. Underlying ground water will be monitored for concentration changes in total dissolved solids over time. The corrective action strategy also requires that potential surface water impacts from surfacing ground water be eliminated.

A Petition requesting Review of this action was filed with the State Water Resources Control Board (State Board) by citizens Dolores and William Reagan, and by the Association of Desert Citizens for Air Pollution. The Petition requested that the new WDRs be withdrawn and the previous WDRs continued. Additionally, the petition requested that the State Board issue a stay thereby invalidating the Regional Boards action while the merits of the petition are considered.

An extension of the filing date was given to Dolores and William Reagan in order that they might file a complete petition. The Reagans have withdrawn the request for a stay in the matter. However they have requested that the original Petition be left in place.