Agenda November 2007

California Regional Water Quality Control Board

San Francisco Bay Region

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

1515 Clay Street, Suite 1400, Oakland, California 94612

Phone (510) 622-2300  FAX (510) 622-2460

AGENDA

November 1, 2007
9:00 a.m.

Elihu M. Harris Building
First Floor Auditorium
1515 Clay Street
Oakland, CA 94612

Approximate Time¹

9:00 a.m. 1. Roll Call and Introductions

2.   Public Forum

                                    Any person may address the Water Board regarding a matter within the Board’s jurisdiction that is not related to an item on this Meeting agenda.  Comments will generally be limited to three minutes, unless otherwise directed by the Chair.  Comments regarding matters that are scheduled for a future Meeting will generally be prohibited.  The public is encouraged to visit the Board’s website [http://www.swrcb.ca.gov/rwqcb2/pub_notice.htm] or contact Board staff to determine whether a matter has been scheduled for a future Meeting.   

3.  Minutes of the September 12, 2007 Board Meeting    

Adopted Minutes as supplemented and amended (pdf)
Supplemental (pdf)
Staff Summary Report (pdf)
Minutes of the September 12, 2007 Board Meeting (pdf)

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

Executive Officer's Monthly Report (pdf)
Staff Summary Report (pdf)

5. Consideration of Uncontested Items Calendar (See Notes.)

Staff Summary Report (pdf)

                                    Site Cleanup Requirements
                            
*A. Chevron Products Company, Equilon Enterprises, LLC, Oakland Fuel Facilities Corporation, PS Trading, Inc., Shell Oil Company, Swissport Fueling, Inc., SFPP, L.P., an operating partner of Kinder Morgan Energy Partners L.P., and Port of Oakland, for the property located at 1 Edward White Way, also known as the South Field Tank Farm, Oakland International Airport, Oakland, Alameda County - Adoption of Revised Site Cleanup Requirements [Max Shahbazian 622-4824, mshahbazian@waterboards.ca.gov]

Staff Summary Report (pdf)

                                    Information Item Requiring No Action
 
*B. Leaking Underground Fuel Tank Cleanup Program – Status Report [Chuck Headlee 622-2433, cheadlee@waterboards.ca.gov]

Staff Summary Report (pdf)
UST Workplan Progress Summary (ppt)

                                    ENFORCEMENT

                                    Mandatory Minimum Penalty

6. City of Burlingame, Wastewater Treatment Plant, San Mateo County – Hearing to Consider Mandatory Minimum Penalty for Discharge in Violation of Effluent Limitations [Christine Boschen 622-2346, cboschen@waterboards.ca.gov]

Adopted Complaint No. r2-2007-0050
Staff Summary Report (pdf)
Mandatory Minimum Penalty R2-2007-0050 (pdf)
Signed Waiver (pdf)

                                    NPDES PERMITS AND CEASE AND DESIST ORDER

7a.  City of San Mateo, Wastewater Treatment Plant, San Mateo County – Reissuance of NPDES Permit [John Madigan 622-2405, jmadigan@waterboards.ca.gov]

Transmittal Letter of Final Order (pdf)
Adopted Order No. r2-2007-0075
Notice of Exemption (pdf)
Staff Summary Report, Tentative Order and attachments (pdf)

7b.  City of San Mateo, Wastewater Treatment Plant, San Mateo County – Adoption of Cease and Desist Order for Discharge in Violation of NPDES Permit [John Madigan 622-2405, jmadigan@waterboards.ca.gov]

Adopted Order No. r2-2007-0076
Staff Summary Report, Tentative Cease and Desist Order, and attachments (pdf)

8.   Watershed Permit for Municipal and Industrial Wastewater Discharges of Mercury to San Francisco Bay – Alameda County, Contra Costa County, Solano County, Napa County, Sonoma County, Marin County, San Francisco County, San Mateo County, and Santa Clara County – Issuance of New NPDES Permit [Lila Tang 622-2425, ltang@waterboards.ca.gov]

Adopted Order No. r2-2007-0077 (pdf)
Supplemental (pdf)
Staff Summary Report (pdf)
Revised Tentative Order (pdf)
App D - Response to Comments on March 2007 Draft (pdf)
App E - Response to Comments on August 2007 Draft (pdf)
Municipal (POTW) Mercury Data, 2000-2003 (pdf)
Petroleum Refinery Mercury Data, 2000-2003 (pdf)
Comments Received in September 2007 from:
Bay Area Clean Water Agencies
Central Contra Costa Sanitary District
Western States Petroleum Association
San Francisco Baykeeper
Comments Received in April 2007 from:
Annotated Comments Received April 2007 (pdf)

                                    WASTE DISCHARGE REQUIREMENTS

9.  Judy Borello and Borello Sewage Treatment Facility, Point Reyes Station, Marin County – Adoption of Revised Waste Discharge Requirements [John West 622-2438, jwest@waterboards.ca.gov]

Adopted Order No. r2-2007-0078 (pdf)
Transmittal Letter of Adopted Order (pdf)
Staff Summary Report (pdf)
Comments (pdf)
Self-monitoring program (pdf)
Responses to Comments (pdf)
Maps (pdf)

                                    OTHER BUSINESS

10.  2007 National U.S. EPA Clean Water Act Recognition Award – Presentation of Proclamation in Recognition of City of Oakland’s Stormwater Management Excellence Award [Janet O’Hara 622-5681, johara@waterboards.ca.gov] 

Staff Summary Report (pdf)

11.  Greening the Bay:  Financing Wetland Restoration in San Francisco Bay – Information Item on Report by Save The Bay

Staff Summary Report (pdf)

12.   Correspondence

13.    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)].

14.     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)].

15.      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)].

16.        Adjournment to the next Board meeting – December 12, 2007

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[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 are available one week before the meeting at www.waterboards.ca.gov/sanfranciscobay/. Copies of agenda items may be obtained at the Board's office after 9 a.m. on the Thursday preceding the Board meeting from the staff member indicated on the agenda.

Conduct of Board Meetings - Items may not be considered in numerical 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 the 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)]

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.

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 second 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 House of Scribes at (209) 478-8017.

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
San Francisco Bay Region

Summary of Board Actions Taken at the Regular Meeting

September 12, 2007

Enforcement Action

Administrative Civil Liabilities

Complaint No. R2-2007-0052                          Administrative Civil Liability for Mr. John Travis, 162 San Lazaro Avenue, Sunnyvale, Santa Clara County in the amount of $20,000 

Adopted Order No. R2-2007-0066                   Administrative Civil Liability for Mr. Donald Medeiros, 154 San Lazaro Avenue, Sunnyvale, Santa Clara County in the amount of $20,000

Mandatory Minimum Penalty

Complaint No. R2-2007-0036                          Mandatory Minimum Penalty for City and County of San Francisco, San Francisco International Airport, Water Quality Control Plant, San Mateo County in the amount of $12,000 

NPDES Permit

Adopted Order No. R2-2007-0065                   Termination of NPDES Permit for General Chemical West, LLC, General Chemical Pittsburg Plant, Pittsburg, Contra Costa County

Site Cleanup Requirements

Adopted Order No. R2-2007-0067                   Adoption of Site Cleanup Requirements for Port of Richmond, Vopak North America, Inc., and United Molasses Company for Port of Richmond Terminal 4, Richmond, Contra Costa County

Planning

Public Hearing Held                                          Held Public Hearing to Receive Testimony on Proposed Amendment to the Water Quality Control Plan (Basin Plan) to Establish a Total Maximum Daily Load (TMDL) and Implementation Plan for Polychlorinated Biphenyls (PCBs) in San Francisco Bay

Other

Award Presentations                                        Presented 2007 Dr. Teng-chung Wu Pollution Prevention Awards to the Bay Area Pollution Prevention Group and the East Bay Municipal Utility District with Honorable Mention to San Mateo County