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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
LAHONTAN REGION

MEETING AGENDA

March 14 and 15, 2001


Tahoe-Truckee Sanitation Agency
13720 Joerger Drive
Truckee


REGULAR MEETING

Wednesday, March 14, 2001 - 7:30 p.m.
Thursday, March 15, 2001 - 8:30 a.m.


Note:

A quorum of the Regional Board will be dining on Wednesday, March 14, 2001 at 5:30 p.m. at Wong's Garden Restaurant, 11430 Derrfield Drive #B-1, Truckee



The facility is accessible to people with disabilities. Individuals who require special accomodations are requested to contact Ms. Susan-Marie Hagen at (530) 542-5414 at least five working days prior to March 14, 2001. 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. 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, March 15, 2001 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, March 14, 2001 - 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 January 11 and 12, 2000 in South Lake Tahoe (Susan-Marie Hagen)

  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.

    REVISED WASTE DISCHARGE REQUIREMENTS

  4. * Tahoe City Public Utility District and Department of Fish and Game Wildlife Conservation Board Pier Relocation and Parking Lot Modifications, Placer County (6-82-101) (Mary Fiore Wagner)

    UPDATED WASTE DISCHARGE REQUIREMENTS

  5. * United States Marine Corps Mountain Warfare Training Center Housing Project Wastewater Disposal Facility, Mono County (6-85-129) (Robin Mahoney)

  6. Bridgeport Public Utility District, Mono County (6-91-918) (Robin Mahoney)

    ENFORCEMENT ACTION

  7. Public Hearing - Consideration of an Administrative Civil Liability Order for the TCN Company, William McClintock, Bessie Pomin, Davis and Betty Lowry for Failure to Submit a Technical Report for the Big Tree Cleaners in Violation of California Water Code Section 13267, Placer County (The Board will consider affirming or modifying an ACL Complaint in the amount of $17,000) (Lisa Dernbach)

  8. Public Hearing - Consideration of an Administrative Civil Liability Order for Edgar Stratton and Kenneth Osburn for Violation of Section 13267 of the California Water Code, Nevada County (The Board will consider affirming, adding to, or modifying an ACL Complaint in the amount of $12,750) (James Brathovde)

    OTHER BUSINESS

  9. Consideration of Recommended Revisions to State Water Resources Control Board's State Revolving Fund Loan List for Fiscal Year 2001-2002 (The Board will consider adoption of the list modifications) (Alan Miller)

  10. Effect of the Recent U.S. Supreme Court Decision of Solid Waste Association of Northern Cook Counties v. United States Corps of Engineers (SWANCC) on the Clean Water Act Section 401 Certification Program (This is an informational item only and the Regional Board will take no action) (Scott Ferguson)

  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
  1. 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*

  2. 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 of Pending Litigation, Molycorp. San Bernardino County. Authority: Government Code Section 11126(e)(2)(C)(i).

    5. 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).

    6. 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).

    7. 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).

    8. Discussion of Litigation: Thomas E. Ericksen v. California Regional Water Quality Control Board, Lahontan Region, El Dorado County Superior Court, Case No. SC-20000244. Authority: Government Code Section 11126(e).

    9. 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), (c)(3), and (e).



Thursday, March 15, 2001 - 8:30 a.m.

  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.

    ENFORCEMENT ACTION

  2. Public Hearing - Consideration of an Administrative Civil Liability Order for Alpine County Department of Public Works for Violation of Waste Discharge Prohibitions prescribed in the Water Quality Control Plan for the Lahontan Region, and Violation of Waste Discharge Requirement Waiver Conditions; Markleeville Creek Bank Stabilization Project, Alpine County (The Board will consider affirming or modifying an ACL Complaint in the amount of $3,000) (Jason Churchill)

  3. Public Hearing - Consideration of an Administrative Civil Liability Order for California Department of Transportation, District 9, Rush Creek Project for Violation of NPDES General Permit for Discharge of Storm Water Runoff Associated with Construction Activity (Order No. 99-06 DWQ) and Prohibitions of the Water Quality Control Plan for the Lahontan Region, Mono County (The Board will consider affirming or modifying an ACL Complaint in the amount of $20,500) (Douglas Feay)

    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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