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Agenda May 2005

California Regional Water Quality Control Board
San Francisco Bay Region
1515 Clay Street, Suite 1400
Oakland, California 94612
Phone (510) 622-2300 FAX (510) 622-2460


AGENDA

May 18, 2005
Approximate Time1 9:00 a.m.


1. Roll Call and Introductions


2. Public Forum
Any person may address the Water Board during the Public Forum on any matter within the jurisdiction of the Board. This should not relate to any item on the agenda. The chair requests that each person addressing the Board limit the presentation to three minutes.


3. Minutes of the April 20, 2005 Board Meeting


4. Chairman's, Board Members', and Executive Officer's Reports


5. Consideration of Uncontested Items Calendar

*A. GWF Power Systems L.P., East Third Street Power Plant, Contra Costa County - Reissuance of NPDES Permit [Ann Powell 622-2474, apowell@waterboards.ca.gov]

Staff Summary Report
Tentative Order


*B. GWF Power Systems L.P., Nichols Road Power Plant, Contra Costa County - Reissuance of NPDES Permit [Ann Powell 622-2474, apowell@waterboards.ca.gov]

Staff Summary Report
Tentative Order


*C. International Disposal Corporation of California, Newby Island Class III Landfill, San Jose, Santa Clara County - Updated Waste Discharge Requirements and Rescission of Order No. 94-025 [David Elias 622-2509, delias@waterboards.ca.gov]

Staff Summary Report
Tentative Order


*D. Deluxe Check Printers, for property located at 1551 Dell Avenue, Campbell, Santa Clara County - Rescission of Site Cleanup Requirements [Vincent Christian 622-2336, vchristian@waterboards.ca.gov]

Staff Summary Report
Tentative Order


*E. Stanford University and the United States Department of Energy for the property located at the Stanford Linear Accelerator Center, 2575 Sand Hill Road, Menlo Park, San Mateo County - Adoption of Site Cleanup Requirements [Michael Rochette 622-2411, mrochette@waterboards.ca.gov]

Staff Summary Report
Tentative Order


6. California Groundwater Awareness Month - Status Report on the Importance of Groundwater to all Californians [Mary Rose Cassa 622-2447, mcassa@waterboards.ca.gov]

Staff Summary Report
Status Report
Assembly Concurrent Resolution No. 99


7. Overview of Department of Energy (DOE) and Department of Defense (DOD) Cleanup Programs [John Kaiser 622-2368, jkaiser@waterboards.ca.gov]

Staff Summary Report


8. San Francisco Estuary Institute - Update on Regional Monitoring Program for Trace Substances and Other Institute Programs - Information Presentation by Mike Connor, Executive Director of the Institute [Dyan Whyte 622-2441, dwhyte@waterboards.ca.gov]

Staff Summary Report


9. Watershed Changes and Stormwater Consequences - Status Report on Stormwater Permit Implementation [Larry Kolb 622-2372, lkolb@waterboards.ca.gov]

Staff Summary Report


10. Correspondence


11. Closed Session - Personnel
11:30 - 12:30 p.m. The Board may meet in closed session to discuss personnel matters. [Authority: Government Code Section 11126(a)].


12. Closed Session - Litigation
The Board may meet in closed session to discuss litigation, including significant exposure to litigation and whether to initiate litigation [Authority: Government Code Sections 11126(e)(2)(B)(i) and 11126(e)(2)(C)(i)].


13. Closed Session - Deliberation
The Board may meet in closed session to consider evidence received in an adjudicatory hearing and deliberate on a decision to be reached based on that evidence [Authority: Government Code Section 11126(c)(3)].


14. Adjournment to the next Board meeting - June 15, 2005



[1] The “approximate time” indicated is an estimate of the time when the agenda item is expected to be considered by the Board. The Board will follow these times as closely as possible. However, the estimates are provided for convenience and are not legally binding on the Board.


NOTES ON WATER BOARD AGENDA


Agenda Annotations - *Uncontested item, expected to be routine and non-controversial. Recommended action will be taken at the beginning of the meeting without discussion. Any interested party, Board member or the Executive Officer may request that an item be removed from the Uncontested Items Calendar, and it will be taken up in the order indicated by the agenda.

Availability of Agenda Items - Staff reports and tentative orders or resolutions for agenda items are available at www.waterboards.ca.gov/sanfranciscobay/, one week before the Board meeting. Copies of individual agenda items may also be obtained at the Board's office after 9 a.m. on the Thursday preceding the Board meeting. The staff member indicated on the agenda listing will assist in securing copies and answering questions.

Conduct of Board Meetings - Items are numbered for identification purposes only, and may not necessarily be considered in this order.

Board meetings are accessible to people with disabilities. Individuals who require special accommodations should contact the Executive Assistant at least 5 working days before the meeting. TTY users may contact the California Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922.

Materials presented to the Water Board as part of testimony that is to be made part of the record must be left with the Board. These include photographs, slides, charts, diagrams, etc. Anyone intending to make a presentation using slides, overheads, computer graphics, or other media should coordinate with the staff member for that agenda item in advance of the meeting.

Some Board members may attend a meeting by teleconference. At any time during the regular session, the Board may adjourn to a closed session to consider litigation, personnel matters, or to deliberate on a decision to be reached based on evidence introduced in a hearing. [Government Code section 11126(a), (d) and (q)] Agenda Items on Administrative Civil Liabilities and Mandatory Minimum Penalties - A discharger may waive the right to a hearing on an agenda item for an ACL or MMP. If there is a waiver, no hearing will be held unless new, substantial information is made available that was not considered during the public comment period.

Petition of Water Board Actions - Any person adversely affected by a Water Board action may petition the State Water Resources Control Board for review of that action. Pursuant to section 2050© of Title 23 of the California Code of Regulations, such a petition of the Water Board's action on an agenda item shall be limited to those substantive issues or objections that were raised before the Water Board at the Board meeting or in timely submitted written correspondence delivered to the Water Board. A petition must be received by the State Board within 30 days of the Water Board meeting at which action was taken. Copies of the law and regulations applicable to filing petitions for review will be provided upon request. See Title 23 of the California Code of Regulations, sections 2050 - 2068.

Contributions to Board Members - All persons who actively support or oppose the adoption of waste discharge requirements or an NPDES permit before the Water Board must submit a statement to the Board disclosing any contribution of $250 or more to be used in a State, federal, or local election, made by the action supporter or opponent or his or her agent, to any Board member within the past 12 months.

All permit applicants and all persons who actively support or oppose adoption of waste discharge requirements or an NPDES permit pending before the Water Board are prohibited from making a contribution of $250 or more to any Board member for 3 months following a Board decision on a permit application.

Water Quality Certification - To obtain information regarding pending Section 401 Certification applications, call 622-2300.  

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - San Francisco Bay Region

1515 Clay Street, Suite 1400, Oakland, CA 94612 (510) 622-2300 Fax (510) 622-2460

Internet Address: http://www.waterboards.ca.gov/sanfranciscobay/

Water Board Members

Name
City of Residence
Appointment Category
John Muller, Chair
Half Moon Bay
Irrigated Agriculture
Mary C. Warren, Vice Chair
Dublin
County Government
Kristen Dowd Addicks
Novato
Recreation, Fish or Wildlife
Kristina Brouhard
Oakland
Industrial Water Use
Margaret Bruce
Boulder Creek
Water Quality
Josephine De Luca
Redwood City
Undesignated (Public)
Shalom Eliahu
Lafayette
Water Supply
Clifford Waldeck
Mill Valley
Municipal Government
Gary Wolff
Castro Valley
Water Quality

 

Water Board Staff

Executive Officer
Assistant Executive Officers
Counsel to the Board
Bruce H. Wolfe
Lawrence P. Kolb
Yuri Won
Stephen I. Morse
Dorothy Dickey
Executive Assistant
Mary E. Tryon
North Bay Watershed Management Division
Groundwater Protection/Waste Containment Division
Toxics Cleanup Division
Wilfried Bruhns, Acting Chief
Curtis T. Scott, Chief
Stephen A. Hill, Chief
Susan F. Gladstone, Section Leader
Terry Seward, Section Leader
John D. Wolfenden, Section Leader
William B. Hurley, Section Leader
John E. Kaiser, Section Leader
Anders G. Lundgren, Section Leader
South Bay Watershed Management Division
 
Chuck Headlee, Section Leader
Shin-Roei Lee, Chief
Keith Lichten, Acting Section Leader
   
Dale C. Bowyer, Section Leader
   
Marcia Brockbank, Project Manager
Permits Division
Planning and TMDL Division
Management Services Division
Lila Tang, Chief
Thomas Mumley, Chief
Aleathia Gary, Acting Chief
Greg H. Walker, Section Leader
Steve Moore, Section Leader
Ann Powell, Acting Section Leader
Dyan Whyte, Section Leader
Gina Kathuria, Section Leader

The primary responsibility of the Water Board is to protect and enhance the quality of regional surface water and groundwater for beneficial uses. This duty is carried out by formulating, adopting, and implementing water quality plans for specific water bodies, by prescribing and enforcing requirements on waste dischargers, and by requiring cleanup of water contamination and pollution. Specific responsibilities and procedures of the Board are outlined in the Porter-Cologne Water Quality Control Act. Meetings of the Water Board normally are held on the third Wednesday of each month in the Elihu M. Harris State Office Building, First Floor Auditorium, 1515 Clay Street, Oakland. They are scheduled to begin at 9:00 a.m. The purpose of the meetings is to provide the Board with an opportunity to receive testimony and information from concerned and affected parties and to make decisions after considering the evidence presented. A public forum is held at the beginning of each general meeting where persons may speak on matters within the Board's jurisdiction that are not specific agenda items. The Board welcomes information on pertinent problems, but comments at the meeting should be brief and directed to specifics of the case to enable the Board to take appropriate action. Written testimony must be received prior to the Board meeting by the date indicated by staff. Verbal comments made at the Board meeting should only summarize the written material. Tape recordings are made of each Board meeting and these tapes are retained in the Board's office for two years. Anyone desiring copies of these tapes may, at their own expense, arrange to have duplicate tapes made by contacting the Executive Assistant at (510) 622-2399. A copy of the written transcript may be obtained by calling California Shorthand Reporting at (415) 457-4417.

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
San Francisco Bay Region

Summary of Board Actions Taken at the Regular Meeting

April 20, 2005


Enforcement Action

Mandatory Minimum Penalty Complaint No. R2-2004-0091 Mandatory Minimum Penalty for City of Sunnyvale, Water Pollution Control Plant, Santa Clara County in the amount of $12,000. $12,000 will be used for a supplemental environmental project. NPDES Permits Adopted Order No. R2-2005-0008 Reissued NPDES Permit for Napa Sanitation District, Napa, Napa County Adopted Order No. R2-2005-0009 Modified NPDES Permit for Sonoma Valley County Sanitation District, Sonoma, Sonoma County Adopted Order No. R2-2005-0010 Reissued NPDES Permit for Morton International, Inc., Morton Salt Division, Newark Facility, Alameda County Waste Discharge Requirements Adopted Order No. R2-2005-0011 Amended Waste Discharge Requirements and Water Quality Certification for Change of Ownership for Schaefer Ranch Holdings, LLC, Schaefer Ranch Project, Dublin, Alameda County Adopted Order No. R2-2005-0012 Updated Waste Discharge Requirements and Rescission of Order Nos. 89-070 and 95-011 for Oregon Steel Mills, d.b.a. Napa Pipe, and Napa Pipe Corporation - Napa Pipe Steel Pipe Manufacturing Facility, Napa, Napa County Site Cleanup Requirements Adopted Order No. R2-2005-0014 Rescission of Site Cleanup Requirements for Johnston Pump/General Valve, Inc., for property located at 300 Channel Road West, Benicia, Solano County Adopted Order No. R2-2005-0015 Adopted Final Site Cleanup Requirements for Lika Engineering, Inc., Lika Corporation, Golden Technology, Inc., EH International, Inc., Pollack and Pollack General Partnership, Robert S. Pollack, Michael A. Pollack, Milan Manderic, Gordana Manderic, Ved Khosla, and Santosh Khosla, for property located at 472 Nelo Street, 482 Nelo Street, 3459 Edward Avenue, 3461 Edward Avenue, 3465 Edward Avenue, 3475 Edward Avenue, 3479 Edward Avenue, 3485 Edward Avenue, 451 Aldo Avenue, and 455 Aldo Avenue, Santa Clara, Santa Clara County Other Business Adopted Resolution No. R2-2005-0016 Adopted Resolution Authorizing the Executive Officer to Enter into an Agreement for Mutual Release and Covenant Not to Sue with Lowe's HIW, Inc., for property located at 811 East Arques Avenue, Sunnyvale, Santa Clara County Adopted Resolution No. R2-2005-0017 Adopted Resolution Supporting Nomination to State Water Resources Control Board's Emergency, Abandoned, Recalcitrant (EAR) Underground Storage Tank Account Nomination Request for Sunol Tree Gas Station at 3004 Andrade Road, Sunol, Alameda County Public Hearing Held Held a Public Hearing to Receive Testimony on Proposed Amendment to the Water Quality Control Plan (Basin Plan) for San Francisco Bay Region to Establish a Tomales Bay Watershed Pathogens Total Maximum Daily Load (TMDL) and Implementation Plan Information Item 2003-2004 Industrial Stormwater Program Review Information Item 2003-2004 Annual Review of Municipal Stormwater Programs with Focus on Monitoring - Alameda, Santa Clara, San Mateo and Contra Costa Counties Information Item South Bay Salt Ponds Initial Stewardship Plan, Review of Annual Self-Monitoring Report Item Continued Site Cleanup Requirements Desco Corporation, Mitek, Inc., Panel Clip and Lumberlock, and Lincoln Hayward VI, for property located at 1029 Whipple Road, Hayward, Alameda County - Rescission of Site Cleanup Requirements

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