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REVISED
ITEM 9 & 10 – COMMENT DEADLINE EXTENDED
DECLARATION OF A QUORUM
Tam M. Doduc, Chair; Gary Wolff, P.E., Ph.D, Vice Chair; Arthur G. Baggett, Jr., Member; Charlie Hoppin, Member; Frances Spivy-Weber, Member
BOARD MEETING
Public comments on agenda items will be limited to 5 minutes or otherwise at the discretion of the Board Chair
PUBLIC FORUMAny member of the public may address and ask questions of the Board relating to any matter within the State Water Board’s jurisdiction provided the matter is not on the agenda, or pending before the State Water Resources Control Board or any California Regional Water Quality Control Board.
BOARD BUSINESS
1. The Board will consider adoption of the February 5 & February 19, 2008 Board Meeting minutes.
2. Board Member Report
UNCONTESTED ITEMS (Items 3 - 6) *
*3. Consideration of a Resolution approving an amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins (Basin Plan) to determine that certain beneficial uses are not applicable and establish water quality objectives for mercury in Sulphur Creek, Colusa County. (Written comments were due on February 29, 2008 by 12 p.m.)
*4. Consideration of a Resolution for Clean Water State Revolving Fund (SRF); State Fiscal year (SFY) 2007/2008 Intended Use Plan (IUP) and Federal Fiscal Year (FFY) 2008 federal capitalization grant acceptance.
*5. Consideration of a Resolution approving a State Revolving Fund (SRF) Financing and Adopting a Statement of Overriding Considerations for the SRF Financing Program and the Integrated Regional Water Management (IRWM) Program for the City Of Soledad (City) Wastewater Treatment Plant (WWTP) Expansion Project (Project); SRF Project No. C-06-4743-110 and IRWM Agreement No. 07 506-550-0.
*6. Consideration of a Resolution to approve $3 million in Cleanup and Abatement Funds (CAA) to the Santa Ana Regional Water Quality Control Board for a Long-term Remediation Plan and Regional Groundwater Study in the Rialto Area.1
WATER RIGHTS
7. Consideration of a proposed Order to modify three water right permits and approve a long-term water transfer agreement for Yuba County Water Agency. These actions are related to operations under the Yuba Accord and were the subject of a Water Right Hearing on December 5, 2007. (Written comments are due on March 13, 2008 by 12 p.m.)
8. Consideration of a proposed Order in which the State Water Board issues a Cease and Desist Order and assesses an Administrative Civil Liability against the Vineyard Club, Inc., for the unauthorized diversion of water in Sonoma County. (Written comments are due on March 11, 2008 by 12 p.m.)
9. Consideration of a proposed Order in which the State Water Board partially sets aside Order WR 2006-0018-DWR and conditionally approves the North San Joaquin Water Conservation District’s petition to extend the time to complete construction and put water to full beneficial use under Permit 10477 to December 31, 2010. (Written comments are due on March 11, 2008 by 12 p.m.)
(Revised: Written comments are due on March 13, 2008 by 5 p.m.)
10. Consideration of a proposed Order in which the State Water Board issues a Cease and Desist Order and assesses an Administrative Civil Liability against North San Joaquin Water Conservation District, for the unauthorized diversion of water in San Joaquin County. (Written comments are due on March 11, 2008 by 12 p.m.)
(Revised: Written comments are due on March 13, 2008 by 5 p.m.)
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The following item and hearings will not occur before 1:00 p.m.
WATER QUALITY
11. Consideration of a Resolution supporting development of a policy to protect wetlands and riparian areas to restore and maintain the water quality and beneficial uses of waters of the state. (Written comments are due on March 5, 2008 by 12 p.m.)– Revised Resolution - Staff Change #1 (3/14/08)
BOARD HEARINGS
WATER QUALITY
12. Consideration of a Resolution adopting a Policy for compliance schedules in National Pollutant Discharge Elimination System (NPDES) permits and an associated Certified Regulatory Program Environmental Analysis. (Written comments were due on February 20, 2008 by 12 p.m)– Revised Resolution - Staff Change #1 (3/14/08)
13. Consideration of a Resolution adopting a proposed Recycled Water Policy and an associated Certified Regulatory Program Environmental Analysis. (Written comments are due on March 10, 2008 by 12 p.m.)
To be held in Conference Room 230
14. Consideration of State Water Board priorities and member assignments for upcoming year. (No Action will be taken on this item)
CLOSED SESSION ITEMS
Closed Sessions are not open to the public
PERSONNEL
The Board will meet in closed session to discuss the appointment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another employee unless the employee requests a public hearing. (This closed session is authorized under Government Code section 11126, subd. (a)(1).)
WATER RIGHTS (These are authorized under Government Code section 11126(c)(3). These items will be scheduled for consideration at a future meeting. Interested parties will be notified of the exact times, dates and locations.)
- The Board will meet in closed session to deliberate on a proposed order following a hearing on Yuba County Water Agency’s petition to modify flow-related conditions imposed on its water right permits in Decision 1644 and petition for long-term transfer of water, both related to the lower Yuba River Accord.
- The Board will meet in closed session to deliberate on a proposed order following a hearing regarding a draft Cease and Desist Order and Administrative Civil Liability Complaint against the Vineyard Club, Inc., for an alleged unauthorized diversion from Oak Flat Creek, tributary to Gill Creek thence Russian River in Sonoma County.
- The Board will meet in closed session to deliberate on a proposed order following a hearing regarding a draft Cease and Desist Order and Administrative Civil Liability Complaint against North San Joaquin Water Conservation District regarding alleged violation of the District's water right permit authorizing diversion of water from the Mokelumne River in San Joaquin County.
- The Board will meet in closed session to deliberate on a proposed order following a hearing regarding North San Joaquin Water Conservation District's petition to extend the time schedule to develop the project, which is set forth as permit conditions in the District's water right permit that authorizes diversion of water from the Mokelumne River in San Joaquin County.
- The Board will meet in closed session to deliberate on a proposed order following a hearing on the City of Riverside’s Waste Water Change Petition WW-0045 and water right Application 031372 on the Santa Ana River in Riverside County.
Important Information!! Unless otherwise specified, submittal of written comments must be received by 12:00 p.m., March 11, 2008, and will not be accepted after that time. Submittal of electronic Powerpoint presentations must be received by 12:00 p.m., March 14, 2008, and will not be accepted after that time. Submittals are to be sent via e-mail to the Clerk to the Board at commentletters@waterboards.ca.gov. Please indicate in the subject line, “3/18/08 BOARD MEETING (fill in bolded subject from appropriate item). ” If you have questions about the agenda, contact the Clerk to the Board at (916) 341‑5600. Agenda and items will be available electronically at: http://www.waterboards.ca.gov/board_info/calendar/index.shtml. * Items on the uncontested items calendar may be removed at the request of any Board member or person. If an item is removed from the uncontested items calendar, it will only be voted on at this meeting if the Board accepts the staff recommendation for the agenda item. Otherwise, the item will be continued to a subsequent board meeting to allow input by interested persons. Video broadcast of meetings will be available at: http://www.calepa.ca.gov/Broadcast/. For a map to our building, visit: http://www.calepa.ca.gov/EPABldg/location.htm. For security purposes, all visitors are required to sign in and receive a badge prior to entering the building. Valid picture identification may be required due to the security level so please allow up to 15 minutes for this process. Individuals who require special accommodations are requested to contact the Office of Employee Assistance, at (916) 341-5881. |
1 The attached draft resolution authorizes the expenditure of $ 3,000,000 from the Cleanup and Abatement Account to the Santa Ana Regional Water Quality Control Board to develop a long-term remediation plan and complete a regional groundwater study of perchlorate contamination in the area of Rialto, California. The resolution will be considered at a public meeting of the State Water Resources Control Board on March 18, 2008.
On February 7, 2007, the State Water Board notified the public and interested persons of its intention to hold a public hearing regarding the perchlorate investigation and remediation in Rialto and to consider adopting an order that might require potentially responsible parties to take actions, including investigation and cleanup. (State Water Board File A-1824.) That hearing has been stayed by the Los Angeles Superior Court. The meeting on March 18 will not address the roles or responsibilities of any potential dischargers of perchlorate in the Rialto area. It will be limited to the use of monies from the Cleanup and Abatement Account for the following purposes of developing a long-term remediation plan and completing a regional groundwater study. Under the terms of the draft resolution, no money may be expended until the State Water Board Chief Deputy Director over the Division of Financial Assistance—who is not and has not advised the State Water Board on File A-1824 since July of 2007—approves a detailed scope of work for these activities.
Because the State Water Board intends to conduct a hearing when the Superior Court lifts the stay, it is imperative that the prohibition against ex parte communications regarding the matters addressed in File A-1824 remain in place throughout this period of time, including the time leading up to and including the March 18 meeting. Therefore, all persons on the Lyris list for File A-1824 are receiving notice of the upcoming meeting. In addition, any comments on the draft resolution will only be accepted in writing, consistent with the State Water Board agenda for the meeting, or orally during the public meeting. Finally, at the March 18 meeting, the State Water Board will not allow any comments or discussion regarding potentially responsible parties.