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September 14, 2000

Primm Valley Golf Club
#1 Yates Well Road
Primm, NV


September 14, 2000 - 3:00 p.m.


Thursday, September 14, 2000 - 8:45 a.m.

The Regional Board will be touring the Molycorp Inc. facility at Mountain Pass, San Bernardino County, California beginning at 8:45 a.m. on Thursday, September 14, 2000. The public is invited to join the Board. Molycorp and the Regional Board will provide a no-host luncheon (estimated cost $6.00) for those who request and pay by Monday, September 11, 2000. Please call the Regional Board at (760) 241-6583 to make a lunch reservation or for directions. It is not necessary to make a reservation to attend the tour. The tour should conclude by approximately 2:00 p.m.

The facility is accessible to people with disabilities. Individuals who require special accomodations are requested to contact Ms. Pam Walker at (530) 542-5414 at least 5 working days prior to September 14, 2000. TTY users may contact the California Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922.

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.

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.


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, September 14, 2000 - 3:00 p.m.

Roll Call and Introductions


    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.


    Minutes of the Regular Meeting of July 12 and 13, 2000 in Tahoe City (Pam Walker)


    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.


  4. * California Department of Forestry and Fire Protection, Pilot Rock Conservation Camp; Wastewater Treatment Plant, San Bernardino County (6-95-13) (Joe Koutsky)

  5. * Molycorp, Inc., Mountain Pass Mine and Mill Site; North Tailings Pond (P-16), San Bernardino County (6-91-836) (Curt Shifrer)


  6. * Alpine Meadows Ski Area, Placer County (6-89-15) (Greg Zentner)


  7. * Edwards Air Force Base, Air Force Research Laboratory; Surface Impoundments at Test Area 1-46, Kern County (6-95-31) (Elizabeth Lafferty)


  8. * Molycorp, Inc., Mountain Pass Mine and Mill Site, Closure and Post-Closure Maintenance; West (Old) Tailings Pond P-1, San Bernardino County (Tim Post)


  9. Presentation of Results of Meadowbrook Dairy Production Well Investigation, (Mike Plaziak)

  10. * Squaw Valley Public Service District - Squaw Creek Embankment Reinforcement Project, Squaw Creek, Olympic Valley - Placer County - Exemption to a Prohibition Contained in the Water Quality Control Plan for the Lahontan Region, (The Board will consider granting an exemption to a prohibition contained in the Basin Plan) (Martin Goldberg)

  11. 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)

    • Quarterly Violations Report

  12. 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*


    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).


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).


    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.


    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