May 10-11, 2000 Meeting Minutes

Mr. Sandel, Chairman, called the meeting to order at 7:00 p.m. on May 10, 2000.

1. PUBLIC FORUM

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   No one addressed the Board during the public forum.
   
   
   
2. MINUTES

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   Minutes of the Regular Meeting of April 13, 2000 in South Lake Tahoe.
   
   

Motion: Moved by Judge Newsom, seconded by Dr. Dodge and unanimously carried. to adopt the April 13, 2000 minutes.




3. ADOPTION OF CONSENT CALENDAR

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   Items 4 and 7 were removed from the consent calendar.
   
   In reference to item 9, Lauri Kemper, Chief, Lake Tahoe Watershed, addressed the concerns raised by a member of the Tahoe Meadows Homeowners Association.
   
   

Motion: Moved by Dr. Dodge, seconded by Mr. Clarke and unanimously carried. to adopt the Consent Calendar as amended.

RESCISSION OF WASTE DISCHARGE REQUIREMENTS

4. U.S. Air Force Plant 42; Fire Fighting Training Facility, Los Angeles County

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   Lyle Talbot, DCAP, asked the Board to postpone the rescission of waste discharge requirements (WDRs) due to probable contamination under the fire training circle.
   
   Jane Williams, CA Communities against Toxics, stated her concerns regarding regulatory oversight due to likely groundwater contamination at the facility. Better communication between various agencies involved and citizen advisory groups was encouraged.
   
   Hisam Baqai, Supervising WRCE, pointed out the jurisdiction of the Board over potential groundwater contamination, notwithstanding the rescission of current WDRs.
   
   Jay Cass, Chief, Antelope Valley Unit, outlined the basis for a joint letter between the Department of Toxic Substances Control and Board staff requesting additional groundwater investigation, including monitoring wells in the main base area. Board staff will keep citizen advisory groups apprised of further developments.
   
   

   Motion: Moved by Dr. Nebeker, seconded by Dr. Dodge and unanimously carried. to adopt the staff recommendation.

REVISED WASTE DISCHARGE REQUIREMENTS

7. Closure and Post-Closure of Cement Kiln Dust Waste Piles at the National Cement Plant, Kern County

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   Jane Williams, CA Communities against Toxics, expressed concern over the possibility of continued groundwater contamination due to storm water runoff from the cement kiln dust (CKD) piles.
   
   Elizabeth Lafferty, Associate Engineering Geologist, discussed the groundwater monitoring program. In addition, she provided details about the soil cover to be placed over the CKD piles, which would decrease the infiltration of rainfall.
   
   Jehiel Cass, Chief, Antelope Valley Unit, outlined the groundwater monitoring program proposed in the revised WDRs.
   
   Gary Kramer, Geomatrix Consultants, Inc., representing National Cement, provided a historical analysis of the facility.
   
   

   Motion: Moved by Dr. Nebeker, seconded by Mr. Clarke and unanimously carried. to adopt the staff recommendation as proposed.

ENFORCEMENT ACTIONS

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 Dust in Violation of Waste Discharge Requirements Contained in Board Order 6-98-98, Kern County

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    Mr. Sandel opened the public hearing and administered the oath.
    
    Elizabeth Lafferty, Associate Engineering Geologist, gave the staff presentation. Details of the monitoring program were presented.
    
    Jehiel Cass, Chief, Antelope Valley Unit, discussed the results of a corrective action program evaluation. Based on the results, continued corrective action measures were outlined.
    
    Lyle Talbot, DCAP, drew the Board's attention to the many years of high winds blowing airborne particles from the CKD piles into the nearby aqueduct. He asked the Board to investigate the possibility of recycling CKD with the cement.
    
    Jane Williams, CA Communities against Toxics, discussed the history of CKD, referring to studies conducted by U.S. EPA and the State of California, which led the industry to eliminate CKD dust piles by recycling it back into the product. She pointed out that a clay cap is typically used to cover hazardous material and expressed her concern over the effectiveness of a native soil cap in a storm event.
    
    Mr. Singer suggested that Ms. Williams meet with staff for an in depth discussion of the technical issues over which she expressed concern.
    
    Howard Barlow, Geomatrix Consultants, representing National Cement, discussed the effectiveness of a soil cover and stated that recycling the CKD would be virtually impossible due to the size of the piles.
    
    There being no further testimony, Mr. Sandel closed the public hearing.
    
    
    

    Motion: Moved by Dr. Nebeker, seconded by Judge Newsom and unanimously carried. to adopt the staff recommendation as proposed.

    
    
    
13. Public Hearing - Consideration of a Cease and Desist Order - IMC Chemicals, Inc. and the U.S. Department of 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

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    Mr. Sandel opened the public hearing and administered the oath.
    
    Greg Cash, Associate Engineering Geologist, gave the staff presentation, which included a description of the following:
    
    
    • WDRs which regulate the facilities and the WDR violations identified in the proposed CDO
      
      
    • Prior staff actions requesting IMC Chemicals to evaluate and correct the violations
      
      
    • The discharger's corrective action and cleanup activities, including removal of floating oil, which may have been the cause of recent waterfowl deaths

James Good, attorney, asked the Board to consider a 30-day continuance.

Larry Trowsdale, manager of environmental affairs, IMC Chemicals, Inc. (IMCC), discussed the performance thus far in corrective action and cleanup activities. Mr. Trowsdale pointed out that current activities were being done under a Notice of Violation which negated the need for a CDO. However, if the Regional Board deems a CDO necessary, he requested a 30-day continuance so that changes proposed could be incorporated into one document to allow IMCC to evaluate the requirements. He also stated there is no reason to believe bird deaths have increased and pointed to results in quarterly monitoring reports that showed compliance. At this juncture, IMCC does not know why it is in violation of WDRs. He pointed to discrepancies in data collected by staff and IMCC's consultant as further reason for a continuance.

Craig Dial, Kennedy/Jenks Consultants, discussed some of the issues involved in solving such a complex problem, the approach taken, along with the status and results achieved. Ongoing efforts include the development and implementation of interim, as well as permanent measures to reduce the oil being discharged to Searles Lake.

Mark Caywood, Department of Fish and Game, spoke to the Board about the condition of dead birds recovered.

There being no further testimony, Mr. Sandel closed the public hearing.

Motion: Moved by Jack Clarke, seconded by Dr. Nebeker to continue the hearing until the June 14-15, 2000 meeting in Bishop. Roll call vote. Voting yes: Richard Dodge, Ph.D., Jack Clarke, Eric Sandel, Eugene Nebeker, Ph.D. Voting no: Beatrice Cooley, Ph.D., William Newsom, Judge ret. Motion carried 4-2.

 

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

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    Tim Post, Associate Engineering Geologist, gave the staff presentation and recommended that Case Closure be denied until conditions at the site are demonstrated to be protective of water quality.
    
    Steve Keane, TRC Alton Geoscience, went over the closure request history and justification for site closure.
    
    Todd Stanford, TRC Alton Geoscience, discussed monitoring well data.
    
    
    

    Motion: Moved by Mr. Clarke, seconded by Dr. Dodge and unanimously carried to concur with staff recommendation.

    
    

The meeting adjourned at 11:30 p.m.

Regular Meeting, Continued

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

Mr. Sandel, Chairman, called the meeting to order at 8:30 a.m. on May 11, 2000. Board members present: Jack L. Clarke, Beatrice Cooley, Ph.D., Richard A. Dodge, Ph.D., Eugene B. Nebeker, Ph.D., William A. Newsom, Judge, ret., Eric Sandel, P.E. Board members absent: none.

1. PUBLIC FORUM

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   Jeff Long addressed the Board regarding provisions as stated in a letter from Board staff concerning the flushing flow allowance by the L.A County Sanitation District 14 to the Rosamond dry lake bed. He asked staff to seek alternative solutions in adjacent areas.
   
   Frank Roberts, Mayor, City of Lancaster, expressed concern that continued flushing of ponds to the Rosamond dry lake bed would counteract its use as an over fly area to Edwards Air Force Base. In turn, political leaders, thereby affecting the economy of Lancaster, might question the viability of keeping the base open.
   
   
   
15. Resolution of Appreciation for Former Regional Board Member Jeff L. Long

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Motion: Moved by Dr. Cooley, seconded by Mr. Clarke and unanimously carried to adopt the resolution.




16. Executive Officer's Report

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    Mr. Singer discussed severall items from the narrative of the report.
    
    
    • Water Quality Planning and Nonpoint Source Implementation and recently passed propositions provide additional funding for these grants.
      
      
    • Ongoing activity related to budgeting at Lake Tahoe.
      
      
    • Preparation of an ACL Complaint to assess mandatory penalties for Caltrans discharge.
      
      
    • Concerns of Rand Community Water District on biosolids application at Gardner Ranches.
      
      
      

17. Reports by Chairman and Board Members

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    There were no reports by the Chairman or Board members.
    
    
    

19. 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, El Dorado County, in Violation of deadlines in Cleanup and Abatement Order No. 6-98-42

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    Mr. Sandel opened the public hearing and administered the oath.
    
    Lisa Dernbach, Associate Engineering Geologist, gave the staff presentation and asked the Board to affirm the ACL Complaint for the amount of $131,000.
    
    Jeff Scharff, attorney, told the Board why Mr. Erickson was not at the meeting. He discussed a letter from the SWRCB finding that a second release had occurred, thereby making monies available through the Cleanup Fund, enabling Mr. Erickson to take over cleanup of the site. Mr. Scharff stated his client was unable to pay the penalty and asked the Board to consider an apportionment, based on a procedural request. He also discussed ongoing settlement negotiations with Mr. Erickson's former consultant, which may create a funding mechanism to resolve this enforcement action.
    
    The hearing was continued to the June 14-15, 2000 meeting in Bishop.
    

There being no further business to come before the Board, the meeting adjourned at 10:25 a.m.

Note: Board members met in closed session on May 11, 2000 from 10:30 to 10:45 a.m. to discuss Item 18. Authority: Government Code Section 11126(a)(2)(B)(C)(e)(i).