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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
LAHONTAN REGION

MEETING AGENDA

November 15 and 16, 2000


Kerr McGee Community Center
100 West California
Ridgecrest


REGULAR MEETING

November 15, 2000 - 7:30 p.m.
November 16, 2000 - 8:30 a.m.

TOUR

November 15, 2000 - 1:00 p.m.

The Regional Board will be touring Searles Lake and the IMC Chemicals, Inc. facility at 3200 Main Street, Trona, California, beginning at 1 p.m. on November 15, 2000. The public is invited to join the Board for the tour which should conclude by approximately 4 p.m. Please call the Regional Board at (760) 241-6583 for directions. It is not necessary to amke a reservation to attend the tour.

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 Friday, November 16, 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.




Thursday, November 15, 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 September 14, 2000 in Primm and October 12 and 13, 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. * Tahoe Keys Marina East Channel Dredging, El Dorado County (6-91-37); Barkley Meat Company, El Dorado County (6-94-73); Lake Tahoe Cruises, Incorporated, El Dorado County (6-83-81) (Lauri Kemper)

    REVISED WASTE DISCHARGE REQUIREMENTS

  5. * ACE Cogeneration Company; ACE Ash, San Bernardino County (6-90-05 and 6-90-05A1) (Greg Cash)

  6. * Avocet Tungsten, Inc.; Pine Creek Operations Mill Waste Discharge, Closure and Post-Closure Maintenance, Inyo County (6-89-202) (Michele Ochs)

  7. * City of California City; Wastewater Treatment Facility, Kern County (6-93-76) (Jehiel Cass)

    STATUS REPORTS

  8. Sierra Star Golf Course - Use of Recycled Wastewater from Mammoth Community Water District Within a Waste Discharge Prohibition Area Identified in the Water Quality Control Plan for the Lahontan Region, Mono County (Staff will present a status report on a proposed project that would use recycled wastewater for golf course irrigation in the Mammoth Lakes area. This is an informational item.) (Michele Ochs)

    ENFORCEMENT ACTIONS

  9. Public Hearing - Rescission of Cease and Desist Order No. 6-00-21, which required Avocet Tungsten, Inc. to provide financial assurance for its Pine Creek Operations Mill Waste Discharge, Inyo County (Avocet has provided financial assurance for closure as required by the Cease and Desist Order. The Board will consider rescinding the Cease and Desist Order.) (Michele Ochs)

    OTHER BUSINESS

  10. * Consideration of an Amendment to Resolution No. 6-98-39 for Expenditure of Funds from the Tahoe Keys Mitigation Fund for the City of South Lake Tahoe's Trout Creek Stream Restoration Project, (The Regional Board will consider amending the resolution to allow the City to transfer existing authorized funding from project implementation to project monitoring) (Mary Fiore-Wagner)

  11. * Consideration of a Resolution Delegating Authority to the Executive Officer to Grant Exemptions to Basin Plan Prohibitions in the Event of an Emergency or When the Regional Board Lacks a Quorum to Act on Exemption Requests, (The Regional Board will consider approving the proposed resolution) (Lauri Kemper)

  12. * Negative Declaration for United States Navy's Mountain Warfare Training Center, Mono County, (The Board will consider approval of a Negative Declaration pursuant to the California Environmental Quality Control Act) (Tammy Lundquist)

  13. * Consideration of a Resolution for the Department of the United States Navy's Record of Decision (ROD) for Ten Installation Restoration (IR) Program Sites at the Marine Corps Mountain Warfare Training Center, Bridgeport, Mono County, (The Board will consider adopting a resolution authorizing the Executive Officer to sign the final version of the ROD) (Tammy Lundquist)

  14. Consideration of a Request by IMC Chemicals, Inc. to Amend the Water Quality Control Plan for the Lahontan Region to Remove Four Surface Water Beneficial Uses for the Searles Valley Hydrologic Area, San Bernardino County, (The Board will consider the information contained in a Use Attainability Analysis and any other relevant information. The Board will determine whether the information warrants the opening of a formal hearing to consider amendments to the Basin Plan and may direct staff to prepare a Basin Plan Amendment and Functional Equivalent Environmental Documnent proposing removal of REC-1, REC-2, WILD or SAL beneficial uses from all or part of Searles Lake.) (Jehiel Cass)

  15. Resolution of Appreciation for Richard Dodge for Service as a Board Member, (The Board will consider adopting a Resolution)

  16. * Consideration of Amendments to the California Regional Water Quality Control Board, Lahontan Region, Official Procedures for Conducting Business, (The Board will consider amendments addressing succession of the Chair and Vice-Chair) (Harold Singer)

  17. 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)

    • Report on Staus of Standing Items

  18. 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*


  19. CLOSED SESSIONS**

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

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

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

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

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

    6. Discussion of Litigation: Sarbjit Singh Kang, et al, v. State of California, Regional Water Quality Control Board, Lahontan Region, El Dorado County Superior Court No. PC20000261; Azad Amiri and Sarbjit Singh Kang, v. State of California Regional Water Quality Control Board, Lahontan Region, El Dorado County Superior Court No. SC20000114; and Azad Amiri, Mohan Singh, and Sohan Singh v. State of California, Regional Water Quality Control Board, Lahontan Region, Placer County Superior Court No. SCV10061. Authority: Government Code Section 11126(e).

    7. 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).

    8. 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).

**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, November 16, 2000 - 8:30 a.m.

REVISED WASTE DISCHARGE REQUIREMENTS

  1. Molycorp, Inc., Mountain Pass Mine and Mill Site, North Tailings Pond (P-16), San Bernardino County (Curt Shifrer)

  2. 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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