Friday, October 23, 2009, 8:30 a.m.

Santa Barbara County Offices, Supervisors Hearing Room – 4th Floor

105 East Anapamu Street, Santa Barbara, CA   93101

 [See last page for location map]



Staff will review and transmit all written material to the Board Members received by Wednesday of the week prior to the Board meeting, 5:00 p.m., or by any earlier due date required in a hearing notice for a specific agenda item.  Please see the Conduct of Meeting section on Pages 7-9 and below, for the Central Coast Water Board’s procedures for accepting late submittals.


The Board and staff welcome 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 the appropriate action.  Whenever possible, lengthy testimony should be presented to the Board in writing and only a summary of pertinent points presented verbally.  In order to give everyone an opportunity to be heard, comments should have been previously submitted in writing and a time limit on presentations may be imposed on any agenda item.  Speakers should plan to summarize their key points as much as possible.  The Chair will allocate time to individual speakers according to the number of speakers present.  For scheduling purposes, requests for extended speaking times should be submitted to staff as soon as possible after the agenda is mailed.  The Chair will decide whether to grant such requests, and staff will let the speakers know if the Chair granted the request.  The Chair may change the order of the agenda items at any time.   The Public Forum is for topics not listed on the agenda that are pertinent to water quality. 



Friday, October 23, 2009, 8:30 a.m.


1.    Roll Call [Carol Hewitt 805/549-3503].................................................... Board Members Present


2.    Introductions [Roger Briggs 805/549-3140]......................................... Guests and Staff Present


3.    Approval of August 31, 2009 Meeting Minutes....................................................... Board Motion


4.    Report by State Water Resources Control Board Liaison....................................... Status Report

       [Frances Spivy-Weber 916/341-5615]



Uncontested Items


5.      Uncontested Items Calendar................................................................................ Board Motion

(Agenda Item numbers 12 through 18 with a single asterisk (*), are expected to be routine and non-controversial. Recommended action on these items will be taken at the beginning of the meeting without discussion.  If any Interested Person, Board Member, or the Executive Officer requests that an item be removed from the calendar, it will be taken up in order).





6.             Former Castle Vegtech, 16495 and 16470 Vineyard Boulevard.,

          Morgan Hill, Santa Clara County........................................................................ Board Approval

          (Settlement Consideration) [Katie DiSimone 805/542-4638]


7.       Enforcement Report [ Harvey Packard 805/542-4639]......................................... Status Report




Low Threat and General Discharge Cases


8.      Low Threat and General Discharge Cases................... Information/Discussion/Board Approval


          General Waiver of Waste Discharge Requirements for Specific Types of Discharges

          Ideal Cleaners, 1154 South Main Street, Salinas, Monterey County

          [Donette Dunaway 805/549-3698]


Chevron Estero Bay Marine Terminal, 4000 Highway 1, Morro Bay, San Luis Obispo County [Rich Chandler 805/542-4627]


ConocoPhillips Aquifer Test, Santa Margarita Ranch, Santa Margarita, San Luis Obispo County [Rich Chandler 805/542-4627]


          General Waiver of Waste Discharge Requirements for Oil Fields

E&B Natural Resources Management Corp., Waste Pile Management Facility and Beneficial Re-use, Cuyama Oilfield, Russell Ranch Unit, Santa Barbara County [Rich Chandler 805/542-4627]


General NPDES Permit for Discharges with Low Threat to Water Quality,

Order No. R3-2006-0063

Shell Gaviota Terminal Storage Tank Discharge, Santa Barbara County

[Ryan Lodge 805/549-3506]



Cleanup Cases


9.       Recommended Case Closures.......................................................................... Board Approval


Grefco, Inc., Highway 1 & Highway 246, Lompoc, Santa Barbara County

[John Mijares, 805/549-3696]


10.     Toro Creek Canyon Oil Facility, Santa Barbara County

          [Rich Chandler 805/542-4627]............................................................................. Status Report



Status Reports


11.     City of Santa Barbara Sanitary Sewer Collection System...................................... Status Report

[Ryan Lodge 805/549-3506]


*12.    San Jerardo Cooperative, Monterey County............................. Resolution No. R3-2009-0065

(Cleanup and Abatement Account Funding Request)

[Angela Schroeter 805/542-4644]



Waste Discharge Requirements


*13.   Cate School Corporation, Santa Barbara County............................... Order No. R3-2009-0037

          (Revise Waste Discharge Requirements) [Ryan Lodge 805/549-3506]


*14.   Morro Bay Power Plant Surface Impoundments................................ Order No. R3-2004-0105

          (Rescind Waste Discharge Requirements)

          [David Schwartzbart 805/542-4643]




*15.   Goleta Sanitary District WWTP, Santa Barbara County...................................... Board Approval

          (Modify Settlement Agreement) [Ryan Lodge 805/549-3506]


*16.   South San Luis Obispo County Sanitation District WWTP.................. Order No. R3-2009-0046

          (Reissue NPDES Permit No. CA0048003)

          [Sorrel Marks 805/549-3695]


*17.   City of Pismo Beach WWTP, San Luis Obispo County...................... Order No. R3-2009-0047

           (Reissue NPDES Permit No. CA0048151)

           [Sorrel Marks 805/549-3695]


*18    Avila Beach Community Svcs Dist. WWTP, San Luis Obispo County. Order No. R3-2009-0055

          (Reissue NPDES Permit No. CA0047830)

          [Peter von Langen 805/549-3688]



Administrative Items


19.     Public Forum..................................................................................................... Board Direction

[Any person may address the 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.  Any person wishing to make a longer presentation should contact the Executive Officer at least one week prior to the meeting (the Thursday before a Thursday meeting). Comments regarding matters that are scheduled for a future meeting will be restricted.]


20.     Reports by Central Coast Water Board Members................................................ Status Report


21.     Executive Officer’s Report [Roger Briggs 805/549-3140]..................... Information/Discussion


         Water Quality Certifications

[A chart is provided in the agenda listing the applications received from August 31, 2009 through September 30, 2009.  A listing of pending applications for Water Quality Certifications pursuant to Section 401 of the Clean Water Act may be obtained by calling Dominic Roques at 805/542-4780]


          Status Reports
  Program Status Update and Budget Cuts Ramifications
          [Roger Briggs 805/549-3140]


  Joint Effort to Develop Hydromodification Control Criteria
   [Dominic Roques 805/542-4780]


  Administrative Reports

  Presentations and Training [Roger Briggs 805/549-3140]



Closed Session

         Discussion of Cases in Litigation [Sr. Staff Counsel Frances McChesney]....... Closed Session

The Board will meet in closed session to discuss pending litigation, as authorized by Government Code (GC) Section 11126[e][2][A], in the cases of:


1.      Voices of the Wetlands, et al, v. Regional Water Quality Control Board (Monterey County Superior Court No. M54889; Sixth District Court of Appeals Case No. H028021);

2.      Los Osos Community Services District v. Central Coast Water Board (ACL Order R3-2005-0137) (San Luis Obispo County Superior Court Case No. CV 060633);

3.      Central Coast Water Board v. Los Osos Community Services District (San Luis Obispo County Case No. CV-051074);

4.      Los Osos CSD v. Central Coast Water Board (San Luis Obispo County Case No. CV 060146 (TSO 00-131);

5.      Los Osos Community Services District (Bankruptcy), Central District of California Case No. ND 06-10548-RR;

6.      Maxine Heim v. Central Coast Water Board, San Luis Obispo County Superior Court Case NO. CV 989572;

7.      Ken Berry, et al. v. Central Coast Water Board, et al. (Sacramento Superior Court; CEQA Challenge to Los Osos CDOs);

8.      Prohibition Zone Legal Defense Fund, et al., v. Central Coast Water Board, et al. (San Luis Obispo Superior Court Case No. CV070472) (Los Osos CDOs);

9.      Petition of the Natural Resources Defense Council (Santa Barbara County MS4, Resolution   R3-2006-0045), SWRCB/OCC File No. A-1763;

10.  Petition of NRDC et al. (San Luis Obispo County MS4, Resolution R3-2007-0019), SWRCB/OCC File No. A-1838;

11.  Petition of Bob Rudolph Enterprises, Inc.  (Cleanup and Abatement Order No. R3-2006-0081), SWRCB/OCC File Nos. A-1766 and A-1343;

12.  Petition of Desal Response Group (Ocean View CSD Desalination Facility, Ocean View Plaza, Monterey CA; Order No. R3-2007-0040 [NPDES Permit No. CA0050016]), SWRCB/OCC File No. A-1873;

13.  Petitions of Cambria Community Services District (Chevron Service Station No. 9-0919 under General Permit No. 01-134), SWRCB/OCC File Nos. A-1462 and A-1462a.

14.  Petitions of City of Salinas and Monterey Coastkeeper (Resolution No. R3-2008-0068

Salinas Stormwater Permit Development Standards)

15.  Petition of City of Lompoc (Santa Barbara County, Resolution No. R3-2008-0071 for City of Lompoc Storm Water Management Program), SWRCB/OCC File No. A-1965.

16.  Michael K. Tansy & Tansy Development Company, Inc. v. Central Coast Water Board, Santa Clara County Superior Court Case No.  109CV147860


The Board may discuss significant exposure to litigation as authorized by GC Section 11126[e][2][B].  The Board may also decide whether to initiate litigation as authorized by GC Section 11126[e][2][C].  The Board is not required to allow public comment on closed session items. (See GC Section 11125.7(d).


Deliberation on Decision after Hearing............................................................. Closed Session

The Board may also meet in Closed Session to deliberate on a decision to be reached based upon evidence introduced in a hearing, as authorized by GC Section 11126(c) (3).


Personnel Issues.............................................................................................. Closed Session

The Board may 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).)



The next scheduled Board meeting will be held on Wednesday and Thursday, December 9-10, 2009 in San Luis Obispo.







February 6, 2009


San Luis Obispo


Central Coast Water Board Conference Room

895 Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906


March 19-20, 2009




Watsonville City Council Chambers, 275 Main Street, 4th Floor,
Watsonville, CA 95076


May 8, 2009


San Luis Obispo


Central Coast Water Board Conference Room

895 Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906


June 3, 2009



San Luis Obispo


San Luis Yacht Club

443 Front Street (on pier), Avila Beach, CA  93424


July 10, 2009




Watsonville City Council Chambers, 275 Main Street, 4th Floor,
Watsonville, CA 95076


August 31, 2009


San Luis Obispo


Central Coast Water Board Conference Room

895 Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906


October 23, 2009


Santa Barbara


Santa Barbara County Supervisors Board Hearing Room

105 East Anapamu St. - 4th Floor, Santa Barbara, CA   93101


December 9-10, 2009



San Luis Obispo


Central Coast Water Board Conference Room

895 Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906


Roger W. Briggs, Executive Officer                                                                    805-549-3140

            Michael Thomas, Assistant Executive Officer/Ombudsman                                   805-542-4623

            Carol Hewitt, Executive Assistant                                                                       805-549-3503

            Cyndee Jones, Regional Administrative Officer                                                    805-549-3372

            Frances McChesney, Senior Staff Counsel                                                          916-341-5174

            Harvey Packard, Section Manager/Aquatic Habitat                                               805-542-4639

            Lisa Horowitz McCann, Section Manager/Land Use                                             805-549-3132

            John Robertson, Section Manager/Groundwater Protection                                   805-542-4630

            Sheila Soderberg, Site Cleanup/Dept. of Defense Sites                                        805-549-3592

            Thea Tryon, Land Disposal/Perchlorate Sites                                                       805-542-4776

            Chris Adair, UST/Cleanup/Point source                                                               805-549-3761

            Chris Rose, TMDLs/Non-point Source                                                                 805-542-4770

            Phil Hammer, Storm Water/Timber/401                                                                805-549-3882

            Burton Chadwick, Permitting                                                                               805-542-4786

            Angela Schroeter, Basin Planning/Agriculture                                                      805-542-4644

            Karen Worcester, Regional Monitoring/Assessment                                              805-549-3333

            Alison Jones, Agriculture                                                                                   805-542-4646



Please email, send, or fax correspondence to:


Central Coast Water Board

895 Aerovista Place, Suite 101

San Luis Obispo, CA  93401-7906

Phone: 805-549-3147       Fax: 805-543-0397







Board Member

Appointment Category

Term Expires


John H. Hayashi

Arroyo Grande



Irrigated Agriculture




David T. Hodgin

Scotts Valley



Water Quality




Monica S. Hunter

Los Osos







Russell M. Jeffries

Vice-Chair, Salinas



Industrial Water Use




Thomas P. O’Malley





Municipal Government




Gary C. Shallcross




Recreation, Fish or Wildlife




Jeffrey S. Young

Chair, Santa Barbara




Water Supply








Water Quality










County Government







A -     The primary duty of the Central Coast Water Board is to protect the quality of waters within the Region for all beneficial uses.  This duty is implemented by formulating and adopting water quality plans for specific ground or surface water basins and by prescribing and enforcing requirements on all domestic, municipal, and industrial waste discharges.  Specific responsibilities and procedures of the Regional Water Quality Control Boards and the State Water Resources Control Board are outlined in the Porter-Cologne Water Quality Act (Division 7), California Water Code.


B -     The purpose of the meeting is for the Board to obtain input from concerned and affected parties and make decisions after considering the recommendations made by the Executive Officer.  The Board will vote only on matters listed on the agenda as action items.  The Board may give direction to the Executive Officer on any matter discussed during the meeting.


C -     Agenda items are numbered for identification purposes and will not necessarily be considered in the order listed.


D -     RULES FOR LATE SUBMISSION OF WRITTEN MATERIALS:  This paragraph applies only if there are no deadlines for written evidence, testimony or comments in a separate hearing notice for an item.  Written material received after the due date on the first page of the agenda and before noon on the Monday of board meeting week generally will not be provided to Board members until the day of the meeting, but will become part of the record unless the Chair rules that the late submission would prejudice the Central Coast Water Board staff or any party.  Written material received after noon on the Monday of board meeting week will not be provided to Board members or become part of the record, unless the Chair approves the late submission.  The Chair will not approve a late submission if doing so would prejudice any party (including Central Coast Water Board staff) or the Board, but may modify this rule if a party demonstrates severe hardship.   The Chair will rule at or before the hearing.  Late submissions that consist of evidence (as opposed to policy statements or comments) will generally be deemed prejudicial unless all designated parties (see below) have time to consider the evidence before the meeting.


E -     The Board and staff welcome information on pertinent issues, but comments at the meeting should be brief and directed to specifics of the case to enable the Board to take the appropriate action.  Lengthy testimony should be presented to the Board in writing and only a summary of pertinent points presented verbally.  In order to give everyone an opportunity to be heard, comments should have been previously submitted in writing and a time limit on presentations may be imposed on any agenda item.  Speakers should plan to summarize key points within three minutes.  You will need to receive approval from the Chair prior to meetings to speak for longer than three minutes.  Please make your request to the Executive Officer at least one week before the meeting.


F -     Material presented to the Board, as part of testimony (e.g., photographs, slides, charts, diagrams, etc.) must be left with Executive Assistant Carol Hewitt.  Photographs or slides of large exhibits are acceptable.  If you plan to use visual aids such as PowerPoint, contact the Central Coast Water Board staff prior to the meeting to arrange for equipment set-up.  You must provide a printed or electronic copy of any PowerPoint presentation.  All Board files, exhibits, and agenda material pertaining to items on this agenda are hereby part of the record.


G -     BOARD MEETING PRINCIPLES AND CONDUCT:  Any person who appears before the Board has an obligation not to act abusively or discourteously.  Zealous representation of your interest, or the interest of a person or organization you represent, should be carried out in a professional manner.  Speakers should not engage in derogatory conduct based on race, national origin, religion, gender, sexual orientation, or similar characteristics of any person.  Speakers should always be civil and courteous when communicating with Board members, staff, or other interested persons.  All speakers should be punctual and prepared for all Board meeting appearances so that all matters may start on time and proceed efficiently.  The Board will not delay proceedings to accommodate late arrivals. The same considerations apply to members of the audience who choose not to address the Board.


         The Board may refuse to allow any person who engages in discourteous or disruptive conduct to speak.  In the event that any person or group intentionally interrupts the orderly conduct of a meeting, the Board can have the person or group removed from the meeting.  In the event that order cannot be restored by the removal of individuals who are interrupting the meeting, the Board may order the meeting room cleared and continue in session.  (Gov. Code § 11126.5.)  The Board may place reasonable limitations on taking still or video photographs or using placards or signage if these disrupt the meeting. 


         The Board may also issue contempt sanctions in adjudicatory proceedings.  "Adjudicatory proceedings" include all permitting, cleanup and enforcement matters, but do not include basin planning.  Any person is subject to the contempt sanction in an adjudicatory proceeding, whether or not the person is a "party" to the matter.  The Board can issue contempt citations for the following conduct:  obstruction or interruption of the meeting or hearing by any of the following: (1) disorderly, contemptuous, or insolent behavior toward the Board; (2) breach of the peace, boisterous conduct, or violent disturbance; or (3) other unlawful interference with the process or proceedings.  Conduct that is not in the Boardroom but that is near the meeting or hearing can also give rise to contempt sanctions.  (Ca. Gov. Code sections 11455.10-11455.30; Ca. Code of Civ. Proc. section 128.5; Cal. Code of Regs, tit. 23, sections 648(b), 648.8.)


If the Board decides to impose contempt sanctions, the process is as follows.  The Board first makes findings that a person should be cited for contempt.  The findings are then referred to a court.  The court will issue an order to the person(s) involved to appear before the court and defend the contempt charge.  The court then may issue the same types of contempt penalties that would apply in a civil court trial, or dismiss the matter.  In addition, the Board can order payment of attorney’s fees when any person engages in bad faith actions or tactics that are "frivolous" or solely intended to cause unnecessary delay.  In that case, the person engaging in the improper conduct must pay the attorneys fees of any party that result from the conduct.  "Frivolous" means totally and completely without merit, or for the sole purpose of harassing another party (including Water Board staff).  An order to pay attorney’s fees takes effect immediately, does not require court action, and cannot be petitioned to the State Water Board. 


Public participation is very important to the Board.  Members of the public should not be afraid to comment on matters before the Board, even if they do not fully understand the applicable law.  However, public participation is hampered by an individual’s or a group’s disruptive conduct.  It is not the intent of the Board to use its contempt powers (including attorney’s fee orders) before providing a warning and allowing an opportunity to correct the conduct and avoid contempt proceedings.  Additional information on Board meeting conduct is available on our website:


H -     HEARING RULES FOR CONTESTED HEARINGS IN ADJUDICATORY MATTERS (WASTE DISCHARGE OR WATER RECYCLING REQUIREMENTS, NPDES PERMITS, ADMINISTRATIVE CIVIL LIABILITY ORDERS AND INVESTIGATION OR ENFORCEMENT ORDERS [CWC §§ 13267, 13300-13308, 13383]:  This section applies unless there are different requirements in a hearing notice for an item.  Designated parties may request these procedures: to call and examine witnesses; to have witnesses testify under oath; to receive a witness list from other designated parties; to introduce exhibits; to cross-examine opposing witnesses; to impeach any witness; to rebut the evidence against him or her; and to make opening or closing statements.  A request for these hearing procedures must be received by the Executive Officer at least five working days before the hearing, and must specify the procedures the designated party is requesting. 


         Designated parties are any persons named in the proposed order. Central Coast Water Board staff is a designated party for administrative civil liability complaints, and for cease and desist orders that establish monetary liability and that are not issued concurrently with waste discharge requirements.  All other persons wishing to testify or provide comments are interested persons and not designated parties.  Such interested persons may request status as a designated party for purposes of an item by submitting such request in writing to the Central Coast Water Board no later than two weeks after the draft order is available for public comment.  The request must explain the basis for status as a designated party and, in particular, how the person is directly affected by the discharge.


I -      The Board Chair may specify a time limit for oral presentations and testimony. Board members may interrupt a presentation with questions or comments.  The time for Board member questions and witnesses’ answers will not count toward the time limit for a presentation.


J -     A copy of the procedures governing Water Board meetings may be found at Title 23, California Code of Regulations, Section 647 et seq., and is available upon request.  Hearings before the Central Coast Water Board are conducted pursuant to Government Code sections 11400 et seq. but not Government Code sections 11500 et seq.  The Chair may waive any procedural statutes or regulations that are not required by the United States or California Constitutions.


K -     All Board files, exhibits, and agenda material pertaining to items on this agenda are hereby part of the record.


L -     Any person affected adversely by a decision of the Board, may petition the State Water Resources Control Board (State Water Board) according to Water Code section 13320 and Title 23 California Code of Regulations section 2050.  The Petition should be addressed to Office of Chief Counsel and must be received by the State Water Board within 30 days of the Board’s action or failure to act (i.e., the meeting date).  Copies of the law and regulations applicable to filing petitions will be provided upon request and are available on the State Water Board website,


M -    The facility is accessible to people with disabilities.  Individuals who require special accommodations are requested to contact John Goni (805/542-4628) at least seven working days prior to the meeting.  TTY users may contact the California Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922.


N -     All persons who actively support or oppose the adoption of waste discharge requirements or an NPDES permit pending before the Central Coast Water Board must submit a statement to the Board disclosing any contributions of $100 or more to be used in a federal, state, or local election, made by the action supporter or opponent, or his or her agent within the last 12 months to any Central Coast Water Board Member.


O -     All permit applicants or persons who actively support or oppose adoption of a set of waste discharge requirements or an NPDES permit pending before the Central Coast Water Board, are prohibited from making a contribution of $100 (or more) to any Board Member for three months following a Central Coast Water Board decision on the permit application.


P -     The Board may conduct any scheduled hearing as a Panel Hearing as allowed by law in the event of a lack of a Board member quorum.  In the event that a Panel Hearing is held, final action on that item will not be taken until a Board member quorum is present.  The Board generally will not accept additional public comment or testimony after the Panel Hearing, unless the proposed order is substantially changed.  (Water Code Section 13228.14, gov. Code Section 11125.7)





Santa Barbara County Offices

Supervisors Hearing Room

105 E. Anapamu Street – 4th Floor

Santa Barbara, CA   93101








Note:  Fee parking is available at municipal parking lots near the County building.