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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
LAHONTAN REGION

MEETING AGENDA

May 10 and 11, 2000


Adelanto City Council Chambers
11600 Airbase Road
Adelanto


REGULAR MEETING

May 10, 2000 - 7:00 p.m.
May 11, 2000 - 8:30 a.m.

Note:

A quorum of the Regional Board will be dining on Wednesday, May 10, 2000 at 5:00 p.m. at Chateau Chang's, 15425 Anacapa Road, Victorville



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 Thursday evening, the item(s) not heard will be considered on Thursday, May 11, 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, May 10, 2000 - 1:00 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 April 13 and 14, 2000 in South Lake Tahoe (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.

    RESCISSION OF WASTE DISCHARGE REQUIREMENTS

  4. * U.S. Air Force Plant 42; Fire Fighting Training Facility, Los Angeles County (6-89-109) (Stephen Niou)

    AMENDED WASTE DISCHARGE REQUIREMENTS

  5. * Rosamond Community Services District, Wastewater Treatment Facility, Kern County (6-95-107) (Lawrence Ware)

    NEW WASTE DISCHARGE REQUIREMENTS

  6. * Molycorp, Inc. Mountain Pass Mine and Mill, On-Site Wastewater Treatment, Lined Evaporation Ponds and Land Application of Treated Wastewater, Mountain Pass, San Bernardino County (Tim Post)

    REVISED WASTE DISCHARGE REQUIREMENTS

  7. * Closure and Post-Closure of Cement Kiln Dust Waste Piles at the National Cement Plant, Kern County (6-97-98) (Elizabeth Lafferty)

    NPDES PERMITS

  8. Los Angeles County Sanitation District No. 14, Lancaster Water Reclamation Plant, Los Angeles County (6-93-75) (Ted Saari) Item Removed

  9. * General Permit for Discharge of Storm Water Runoff Associated with Industrial Activities and Maintenance Dredging at Marinas in the Lake Tahoe Hydrologic Unit, El Dorado and Placer Counties, (The Board will consider adoption of the General Permit and rescission of nine individual Waste Discharge Requirements) (Mary Fiore)

    ENFORCEMENT ACTIONS

  10. Public Hearing - Consideration of a Cease and Desist Order - Los Angeles County Sanitation District No. 14, Lancaster Water Reclamation Plant, Threatened Violations of NPDES Permit, Los Angeles County (The Board will consider adoption of a Cease and Desist Order. This item will be considered with item 8.) (Ted Saari) Item Removed

  11. Public Hearing - Rescission of Cease and Desist Order (CDO) No. 6-97-100, Which Required the National Cement Company and Tejon Ranch Company to Cease and Desist from Discharging Cement Kiln Dist in Violation of Waste Discharge Requirements Contained in Board Order No. 6-98-98, Kern County (6-97-100) (The Board will be asked to rescind the CDO that was adopted in 1997.) (Elizabeth Lafferty)

  12. Public Hearing - Consideration of an Administrative Civil Liability (ACL) Order for the City of Victorville for Ground Water Discharges to Surface Water in Violation of the California Water Code and the Water Quality Control Plan for the Lahontan Region, San Bernardino County (The Board will consider affirming or modfiying an ACL Complaint for the amount of $10,000.) (Eugene Rondash) Item Removed

  13. Public Hearing - Consideration of a Cease and Desist Order - IMC Chemicals Inc. and the U.S. Department of the Interior, Bureau of Land Management, Trona and Argus Operations, Violations of Waste Discharge Requirements, (Board Orders No. 6-91-910 and 6-91-909), San Bernardino County (The Board will consider adoption of a Cease and Desist Order.) (Greg Cash)

    OTHER BUSINESS

  14. Consideration of Case Closure for the Former Unocal No. 5370; Located at 2081 West Main Street, Barstow, San Bernardino County, LUSTIS No. 6B360049T (The Board will be asked to concur with a staff recommendation to not close the underground tank case.) (Tim Post)

  15. Resolution of Appreciation for Former Regional Board Member Jeff L. Long (The Board will consider adopting a Resolution.)

  16. 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)

  17. 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*


  18. 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).



Thursday, May 11, 2000 - 8:30 a.m.


ENFORCEMENT ACTIONS

  1. Public Hearing - Consideration of an Administrative Civil Liability Order for Thomas Erickson and Samina Naz, for Failure to Cleanup and Abate Petroleum Products at the Tahoe Tom's Gas Station, 4029 Lake Tahoe Boulevard, South Lake Tahoe, in Violation of Deadlines in Cleanup and Abatement Order No. 6-98-42, El Dorado County (The Board will consider affirming or modifying and ACL Complaint for the amount of $131,000.) (Lisa Dernbach)

    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)



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