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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
LAHONTAN REGION

MEETING AGENDA

July 12 and 13, 2000


Tahoe City Public Utility District
221 Fairway Drive
Tahoe City


REGULAR MEETING

Wednesday, July 12, 2000 - 2:00 p.m. (Closed Session Only)
Wednesday, July 12, 2000 - 7:30 p.m.
Thursday, July 13, 2000 - 8:30 a.m.

The facility is accessible to people with disabilities. Individuals who require special accommodations are requested to contact Ms. Pam Walker at (530) 542-5414 at least 5 working days prior to July 12, 2000. TTY users may contact the California Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922.

Note:

A quorum of the Regional Board will be dining on Wednesday, July 12, 2000 at 5:30 p.m. at: Christy Hill, 115 Grove, Tahoe City



The following items are numbered for identification purposes only and will not necessarily be considered in this order. Public hearings will not be called to order prior to the time specified. All Board files, exhibits, and agenda material pertaining to items on this agenda are hereby made a part of the record for the appropriate item. If, due to time constraints, the Regional Board is unable to consider all items scheduled for Wednesday evening, the item(s) not heard will be considered on Thursday, July 13, 2000 beginning at 8:30 a.m.

In certain instances the Board may use teleconference equipment to conduct its meetings. A Board member who cannot travel to the announced site of a meeting due to illness, travel problems or an emergency may participate in the meeting via teleconferencing from a different location. In any case, the location for public participation at this meeting is as shown above.

NOTICE

Submittal of Written Material for Regional Board Consideration

In order to ensure that the Regional Board has the opportunity to fully study and consider written material, it is necessary to submit it at least ten (10) days before the meeting. This will allow distribution of the material to the Board members in advance of the meeting. Pursuant to Title 23 California Code of Regulations Section 648.2, the Regional Board may refuse to admit written testimony into evidence unless the proponent can demonstrate why he or she was unable to submit the material on time or that compliance with the deadline would otherwise create a hardship. If any other party demonstrates prejudice resulting from admission of the written testimony, the Regional Board may refuse to admit it.


A copy of the procedures governing Regional Water Board meetings may be found in Title 23, California Code of Regulations, Section 647 et seq., and is available upon request. Hearings before the Regional Board are not conducted pursuant to Government Code Section 11500 et seq.




Wednesday, July 12, 2000 - 2:00 p.m.

  1. CLOSED SESSIONS**

    1. Discussion of Bankruptcy Claims Filed by the Regional Board Against Luz Development and Finance Corporation. U.S. Bankruptcy Court (C.D. CAL) Case No. 91-99997-AA and Related Proceedings. Authority: Government Code Section 11126(e).

    2. Discussion of Litigation Filed by the State of California and the California Regional Water Quality Control Board, Lahontan Region Against Philip and Mary Myers, Mono County Superior Court, Case No. 12534. Authority: Government Code Section 11126(e).

    3. Discussion of Significant Exposure to Litigation. Authority: Government Code Section 11126(e)(2)(B)(i).

    4. Discussion of Significant Exposure to Litigation, Leviathan Mine, Alpine County. Authority: Government Code Section 11126(e)(2)(B)(i).

    5. Discussion to Decide Whether to Initiate Litigation. Authority: Government Code Section 11126(e)(2)(C)(i).

    6. Discussion to Decide Whether to Initiate Litigation, Molycorp. San Bernardino County. Authority: Government Code Section 11126(e)(2)(C)(i).

    7. Discussion of Personnel Matters. Authority: Government Code Section 11126(a).

**Note:

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 upon evidence introduced in the hearing. Discussion of litigation is within the attorney-client privilege and may be held in closed session. Authority: Government Code Section 11126(a), (d), and (e)(1), (2), and (3).



Wednesday, July 12, 2000 - 7:30 p.m.


Roll Call and Introductions

  1. PUBLIC FORUM

    Any member of the public may address the Regional Board relating to matters within the Board's jurisdiction. This shall not be related to any item on the agenda and presentations ahould normally be limited to five minutes. No formal action by the Board will be taken on these matters.

  2. MINUTES

    Minutes of the Regular Meeting of May 10 and 11, 2000 in Adelanto and June 14 and 15, 2000 in Bishop (Pam Walker)

  3. ADOPTION OF CONSENT CALENDAR

    Item numbers with an asterisk (*) are expected to be routine and noncontroversial. They will be acted upon by the Board at one time without discussion. If any Board member, staff member, or interested party requests discussion, the item will be removed from the Consent Calendar to be considered separately.

    NEW WASTE DISCHARGE REQUIREMENTS

  4. * California Bio-Mass, Inc., Victor Valley Waste Water Reclamation Authority; Regional Composting Facility, San Bernardino County (Tim Post)

    PLANS AND POLICIES

  5. Public Hearing - Consideration of Approval of Various Amendments to the Water Quality Control Plan for the Lahontan Region, and a Functional Environmental Document (The Board will be asked to approve Basin Plan amendments and an environmental document. The amendments include: miscellaneous editorial changes; changes in procedures for approval of septic systems regionwide, and water quality improvement projects in the Lake Tahoe and Truckee River watersheds; changes in the regionwide prohibition against discharges of industrial waste to surface waters, and changes in beneficial uses of ground water in the Searles Valley Basin, San Bernardino and Inyo Counties.) (Judith Unsicker)

  6. Public Hearing - Consideration of Approval of Water Quality Control Plan Amendments to Remove the Municipal and Domestic Supply Use from Nine Surface Water Bodies, and a Functional Equivalent Environmental Document, San Bernardino County (The Board will be asked to approve the Basin Plan amendments and an environmental document. The nine surface waters affected are: Wendel and Amedee Hot Springs (Lassen County); Hot Creek and Fales Hot Springs (Walker River Watershed, Mono County); Little Hot Creek and Little Alkali Lake (Owens River watershed, Mono County); Deep Springs Lake and Keough Hot Springs (Inyo County), and the Amargosa River in Inyo and San Bernardino Counties.) (Judith Unsicker)

    OTHER BUSINESS

  7. * California Department of Transportation, District 3, Burton and Watson Creeks Storm Damage Repair Project near Tahoe City, Placer County - Exemption to a Prohibition Contained in the Water Quality Control Plan for the Lahontan Region, (The Board will consider granting an exception to a prohibition contained in the Basin Plan.) (Robert Erlich)

  8. Presentation on the Comprehensive Research and Monitoring Plan for the Lake Tahoe Basin, (No Board action is being requested.) (Lauri Kemper)

  9. Executive Officer's Report (Harold Singer)

    • Notification of Spills Pursuant to Section 13271, California Water Code and Section 25180.7, California Health and Safety Code.

    • Notification of Closure of Underground Storage Tank Cases (Pursuant to Article 11, Division 3, Chapter 16, Title 23, California Code of Regulations)

  10. Reports by Chairman and Board Members (Board members may discuss communications, correspondence, or other items of general interest relating to matters within the Board's jurisdiction. No public testimony will be allowed and there will be no voting or formal action taken.)

    * Note: See Item No. 3*


    Thursday, July 13, 2000 - 8:30 a.m.


    ENFORCEMENT ACTIONS

  1. Public Hearing - Consideration of Mandatory Penalties for California Department of Transportation, District 3 for Violations of Numeric Stormwater Effluent Limitations for Discharges to Tributaries to Lake Tahoe, SWRCB Board Order No. 99-06-DWQ, El Dorado County (The Board will consider the Mandatory Penalties for the amount of $15,000.) (Robert Erlich)

  2. Public Hearing - Consideration of an Administrative Civil Liability Order for the City of South Lake Tahoe for Discharging Wastes from the Tailspin Restaurant at the Airport in Violation of Waste Discharge Prohibitions and Waste Discharge Requirements, (Board Order No. 6-88-111), El Dorado County (The Board will consider affirming or modifying an ACL Complaint for the amount of $12,000.) (Kara Russell)

    OTHER BUSINESS

  3. Status Report on Time Schedule Order (Board Order No. 6-00-04) for California Department of Transportation, District 3 to Submit a Plan and Time Schedule to Retrofit Roads, Treat and Retain Stormwater Runoff and Stabilize Eroding Slopes in the Lake Tahoe Basin, Placer and El Dorado Counties (No Board action is required.) (Robert Erlich)


    ADJOURNMENT

    Any person affected by a certain decision of the California Regional Water Quality Control Board, Lahontan Region (Regional Board), may petition the State Water Resources Control Board (State Board) to review the decision. The petition must be received by the State Board within 30 days of the Regional Board's meeting at which the action was taken. Copies of the law and regulation applicable to filing petitions will be provided upon request.

    Note:

    A Listing of pending applications for Water Quality Certification pursuant to Section 401 of the Clean Water Act may be obtained by calling:

    For the North Lahontan Basin, Scott Ferguson in South Lake Tahoe at (530) 542-5432

    For the South Lahontan Basin, Hisam Baqai in Victorville at (760) 241-7325



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The Regional Board will be considering many items during this meeting which may or may not result in Regional Board action or direction to staff. We encourage input from all people interested in a given item or issue, so that when we act, our decision is based on all available information. Although an oath is not administered in most of the proceedings before this Board, we expect all statements made before this Board to be truthful with no attempts to mislead this Board by false statements, deceptive presentations or failure to include essential information.

The Regional Board encourages all people in or near a Board meeting to refrain from engaging in inappropriate conduct. Inappropriate conduct may include disorderly, contemptuous or insolent behavior, breach of the peace, boisterous conduct, violent disturbance or other unlawful interference in the Board's proceedings. Such conduct could subject you to contempt sanctions by the superior court (Govt C Sec 11455.10).

The Regional Board Chairperson may impose sanctions, including reasonable expenses and attorney's fees, on any party for bad faith actions, frivolous tactics or actions intended to cause unnecessary delay by a party or the party's attorney or representative (Govt C Sec 11455.30)



Bill of Rights for Environmental Permit Applicants

 
 

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