Meeting Announcement - Agenda

Mp3 Audio Recordings Now Available

8:30 a.m., Thursday, December 11, 2008
Regional Water Board Office
David C. Joseph Hearing Room
5550 Skylane Blvd., Suite A
Santa Rosa, CA 95403

PDF version available here

Supporting documents for agenda items are posted on our website at least 10 days prior to the scheduled meeting. To view or download documents, go to

Comments on individual agenda items are welcome.  A set of draft materials for each agenda item that will be considered by the Regional Water Board is mailed to each person on the interested parties list.  If you wish to be added to our interested parties list for a specific agenda item, please contact the staff person listed with the item in this agenda notice.

For comments on an agenda item to be considered by the Regional Water Board, they must be submitted on or before the due date listed in the associated hearing notice, which is mailed to interested parties, and posted on the Regional Water Board´s website.

For any item for which there is no due date specified by a specific hearing notice, all written
submittals shall be due no later than 12:00 noon the Friday before the board meeting or workshop.  
Timely submittal of comments gives the Regional Water Board staff and the Regional Water Board
members sufficient time to familiarize themselves with your concerns and for staff to address them.

The Regional Water Board may refuse to accept written comments submitted after the due date in the
applicable hearing notice.  Pursuant to title 23, California Code of Regulations, section 648.4, the Regional Water Board may refuse to admit written testimony or evidence into the administrative record if it is not submitted to the Regional Water Board in a timely manner, unless the proponent can demonstrate why he or she was unable to submit the material on time or that compliance with the deadline would create an unreasonable hardship. Agenda items are subject to postponement. You may contact the designated staff contact person in advance of the meeting day for information on the status of any agenda item.

It is the policy of the State and Regional Water Boards to provide a work environment that is free from threats or acts of violence.  Threats or acts of violence committed by, or directed at, any employee will not be tolerated. The Board will not tolerate derogatory conduct directed toward any person based on their race, national origin, religion, gender, sexual orientation, or similar characteristics.

Any person who appears before the Board has an obligation to represent their interest in a professional manner. The Board requests that all persons in or near a Board meeting refrain from engaging in inappropriate conduct.  Inappropriate conduct may include disorderly, contemptuous or insolent behavior, breach of 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 (Gov. Code, §11455.10.).

The North Coast Water Board considers items which may result in 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. We expect all statements made before this Board to be truthful, with no attempts to mislead this Board by false statements, deceptive presentation or failure to include essential information.

All persons desiring to address the Board are required to fill out a speaker card.  The Chair may then
determine the number of persons who wish to speak on any one item. Cards are normally provided near the entrance to the meeting room.

Except for items designated as time certain, there are no set times for agenda items.  Items may be taken out of order at the discretion of the Chair.

i. Pledge of Allegiance

ii. Roll Call and Introductions

iii. Board Member Ex Parte Communication Disclosure - Board Members will identify any discussions
they may have had requiring disclosure pursuant to Government Code section 11430.50.

iv. State Board Liaison's, Board Chair's, Board Members' and Executive Officer's Reports: These
items are for Board discussion only.  No public testimony will be allowed, and the Board will take no
formal action.

v. Public Forum: Time will be reserved for the general public to address the Board on any matter
within the Board´s jurisdiction, excluding those items on the agenda.  The Board Chair may limit the
public forum to thirty (30) minutes initially, and continue any remaining appearances beyond the
thirty (30) minutes at the end of the regularly scheduled business of the day.  The Board Chair
requests that each person addressing the Board limit their presentation to three (3) minutes.

1. Approval of Meeting Minutes: October 2008

Uncontested Items

2. Public Hearing Order No. R1-2008-0119 to consider whether to affirm, reject, or modify an
Administrative Civil Liability Order requiring penalty payment in the Amount of $10,000.00 for failure
to submit a Report of Waste Discharge as required under Section 13264 of the California Water
Code and failure to apply for a State Dredge and Fill Permit for Laurence A. Kluck (Stormer Feiler)

3. Public Hearing on Order No. R1-2008-0112 to consider whether to affirm, reject, or modify an
Administrative Civil Liability Order for discharges in violation of the Water Quality Control Plan for
the North Coast Region and State Water Resources Control Board Order No. 2006-0003-DWQ, in
the matter of Humboldt Community Services District WDID No. 1SSO11419 Humboldt County
(Nick Weil)
Audio Recording for Items i thru 3 (mp3, 1.3 Mb)

Information Item

4. Green Diamond Resource Company presentation on their Aquatic Habitat Conservation Plan
Audio Recording for Item 4 (mp3, 9.9 Mb)

Public Hearings

5. Public Hearing to consider Order No. R1-2008-0110 amending and supplementing Cease and
Desist Order No. R1-2006-0109 requiring the City of Ferndale Wastewater Treatment Facility to
Cease and Desist from discharging or threatening to discharge effluent in violation of Waste
Discharge Requirements Order No. R1-2008-0038, WDID No. 1B83136OHUM (Lisa Bernard)
Audio Recording for Item 5 (mp3, 7 Mb)

6. Public Hearing on Order No. R1-2008-0109 to consider a proposed Cease and Desist order for
Graton Community Services District Wastewater Treatment Facility, Waste Discharge
Requirements Order R1-2004-0038  WDID No. 1B84060OSON (Cathy Goodwin)
Audio Recording for Item 6 (mp3, 12 Mb)

Information Items

7. Update on Garcia TMDL Implementation (Jonathan Warmerdam)
Audio Recording for Item 7 (mp3, 31 Mb)

8. Update on Draft Klamath River Dissolved Oxygen, Organic Matter, Nutrients, and Chlorophyll
(Clayton Creager)
Audio Recording for Item 8 (mp3, 18 Mb)

9. Presentation on the 2008 Forest Fires:  Extent, impact, and mitigations (Dave Hope)

10. Executive Officer´s Report  (Catherine Kuhlman)

11. Board Member Requests for Future Agenda Items (Catherine Kuhlman)

12. Other Items of Interest (Catherine Kuhlman)
Audio Recording for Items 10 thru 12 (mp3, 2.3 Mb)

Closed Session

13. The Board may meet in closed session to:
a. consider evidence received in an adjudicatory hearing and deliberate on a decision to be reached
based on that evidence (Gov. Code, §11126, subd.(c)(3));
b. consider the appointment, employment, evaluation of performance, or dismissal of a public
employee or to hear complaints or charges brought against a public employee (Gov. Code, §
11126, subd.(a)(1));
c. discuss significant exposure to litigation (Gov. Code, §11126, subd.(e)(2)(B)(i));
d. discuss whether to initiate litigation Gov. Code, § 11126, subd.(e)(2)(C)(i)) including, but not limited
to, the following matters:  (In re Talmage Dam [consider referral of sediment discharge from dam
operated by Mendocino County to Attorney General´s Office]; and In re California Dept. of
Transportation [consider referring to Attorney General for prosecution in the superior court violations
occurring at Confusion Hill of 401 certification and National Pollution Discharge Elimination System
Permit for Statewide Storm Water Permit and Waste Discharge Requirements for the State of
California, Dept. of Transportation]); and In re Occidental County Sanitation District and Sonoma
County Water Agency Treatment Facility [consider referring to the Attorney General for prosecution
in the superior court violations of Waste Discharge Requirements Order 93-42 and anticipated
noncompliance with Time Schedule Order R1-2005-0086 and Cease and Desist Order R1-2005-
0085]; and
e. discuss initiated litigation in the following matters Gov. Code, § 11126, subd.(e))
1) Carla M. Clark et al. v. City of Santa Rosa et al., Cal. Ct. of Appeal, 1st Dist., Case No.
2) Pacific Lumber Company and Scotia Pacific Company, LLC v. North Coast Regional Water
Quality Control Board and California State Water Resources Control Board, Humboldt Co.
Sup. Court, Case No. CV-030650 (challenging 13267 orders);
3) Pacific Lumber Company and Scotia Pacific Company, LLC v. North Coast Regional Water
Quality Control Board and California State Water Resources Control Board, Humboldt Co.
Sup. Court, Case No. CV-030761 (challenging request for reports of waste discharge in
Freshwater Creek);
4) People of the State of California v. North Coast Railroad Authority d.b.a. North Western
Pacific Railroad, Mendocino Co. Sup. Ct., Case No. CV-80240;  
5) Whitman Corp. and Pneumo Abex Corp. v. California Regional Water Quality Control Board,
North Coast Region, Sonoma County Sup. Court (no Case No.); and related case People of
the State of California, et al. v. Remco Hydraulics, Inc., et al., U.S. Dist. Ct., N. Dist., Case
No. C96-0283;
6) John W. Hanes et al. v. North Coast Regional Water Quality Control Board, Mendocino
County Superior Court, Case No. SCUK CVPT 0492211 (challenging administrative civil
liabilities and their basis);
7) John Green; Green Right O´Way Constructors v. North Coast Regional Water Quality Control
Board, Mendocino Co. Sup. Ct., Case No. CV0595697 (challenging ACL order);
8) Pacific Lumber Co. et al. v. State of California, Fresno Co. Sup. Ct., Case No.
9) City of Arcata v. SWRCB, Humboldt Co. Sup. Ct., Case No. CV070275;
10) City of Santa Rosa v. California Regional Water Quality Control Board, North Coast Region,
Sonoma Co. Sup. Ct., Case No. SW241194;
11) Karuk Tribe of Northern California v. California Regional Water Quality Control Board, North
Coast Region, Sonoma Co. Sup. Ct., Case No. SCV241368;
12) In re Scotia Development LLC, Debtor, US Bankruptcy Court, S. Dist. of Texas, Corpus
Christi Division, Case No. 07-20027-C-11.
13) Kristi Wrigley v. State of California, et al, Ca. Victim Comp. and Gov´t Claims Bd. (claim for
damages from flooding on Elk River);
14) In re Petition of City of Healdsburg, (SWRCB/OCC File No. A-1673) – challenging waste
discharge requirements Order No. R1-2004-0064;
15) In re Petition of Pacific Lumber Co., et al., (SWRCB/OCC File No. A-1753) - challenging the
Executive Officer´s rescission of interim enrollments of specified THPs in the General Timber
WDRs pursuant to the watershed-wide WDRs;
16) In re Petition of Pacific Lumber Co., et al, (SWRCB/OCC File No. A-1755) - challenging
watershed-wide waste discharge requirements in Elk River and Freshwater Creek;
17) In re Petition of Robert and Alice Larsen Trust, (SWRCB/OCC File No. A-1850) – challenging
issuance of Cleanup and Abatement Order R1-2007-0033 being held in abeyance at
petitioner´s request;
18) In re Petition of Louisiana-Pacific Corporation, (SWRCB/OCC File No. A-1861) – challenging
Monitoring and Reporting Program No. R1-2007-0048 for former Louisiana Pacific Potter
Valley Sawmill;
19) In re Petitions of J.H. Baxter & Co., Roseburg Forest Products Co, and International Paper
(SWRCB/OCC File No. A-1874) – challenging Order requiring technical information
regarding J.H. Baxter Superfund Site;
20) In re Petition of Cletus Isbell (SWRCB/OCC File No. A-1937) – challenging MRP Order R1-
2008-0071 for Pacific Lumber Co, et al;
21) In re Petition of Humboldt Watershed Council (SWRCB/OCC No. A-1937(a)) – challenging
MRP Order R1-2008-0071 for Pacific Lumber Co., et al.;
22) In re Petition of KFD Enterprises (SWRCB/OCC File No. A-1962) – challenging Regional
Water Board´s failure to amend Cleanup and Abatement Order No. R1-2003-0088.
14. Arrangements for Next Meeting and Adjournment
                        8:30 a.m., Thursday, January 29, 2009
                        Regional Water Board
                        David C. Joseph Hearing Room
                        5550 Skylane Blvd., Ste. A
                        Santa Rosa, CA 95403

Procedures and Notes

A copy of the procedures governing Regional Water Board meetings may be found at 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.    

A quorum of the members of the Regional Water Board may meet for dinner and may recess for lunch; however, no business will be discussed except for Closed Session items as announced at the meeting.

Accessibility - The facility is accessible to people with disabilities.  Anyone requiring reasonable accommodation to participate in the meeting should contact Jean Lockett, Secretary, at (707) 576-2307 or at least 5 working days prior to the meeting.  TTY/TDD/Speech-to-Speech users may contact the California Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922.

General Statement - The primary duty of the Regional Water Board is to protect the quality of the waters within the region for all beneficial uses.  This duty is implemented by formulating and adopting water quality plans for specific ground or surface water basins, and by prescribing and enforcing requirements on all domestic and industrial waste discharges.  Responsibilities and procedures of the Regional Water Quality Control Board come from the state's Porter-Cologne Water Quality Act and the nation's Clean Water Act.

Presentations - The purpose of the meeting is for the Regional Water Board to obtain testimony and information from concerned and affected parties and make decisions after considering the recommendations made by the Executive Officer.  The Regional Water Board and staff welcome information on pertinent problems, but comments at the meeting should be brief and directed to specifics of the case to enable the Regional Water Board to take the
appropriate action.

In order to give everyone an opportunity to be heard, a time limit for oral comments may be imposed on any agenda item. Interested persons are encouraged to submit their comments in writing by the applicable due date and use time for oral comments to summarize those concerns.  Speakers should plan to deliver their oral comments within 3 minutes.  If a longer period of time is desired, speakers will be expected to notify the Regional Water Board staff prior to the meeting date, for scheduling purposes.  The speaker will be expected to have submitted a written summary of the comments to be delivered by the due date for the associated agenda item and limit oral comments to a summary of pertinent points previously presented in writing.

If the submitted written material is more than 5 pages or contains foldouts, color graphics, maps, etc., 20 copies must be submitted for distribution to the Board members and staff.

Comments on agenda items will be accepted by electronic mail subject to the same conditions set forth for other written submissions.  The total submittal (including attachments) cannot exceed 5 printed pages in length.

Speakers are responsible for providing and operating projectors and other presentation aids.  Some equipment may be available at the Board meeting; however, the type of equipment available will vary depending on the meeting location.  To ascertain the availability of presentation equipment please contact Jean Lockett at (707) 576-2307 or at least 5 working days prior to the meeting.

Hearing Record - Material presented to the Regional Water Board as part of testimony that is to be made part of the record must be left with the Regional Water Board.  This includes photographs, slides, charts, diagrams, written testimony, etc.  All Regional Water Board files pertaining to the items on this agenda are hereby made a part of the record submitted by staff to the Regional Water Board for its consideration prior to action on the related items.

Contributions to Regional Board Members - All persons who actively support or oppose the adoption of waste discharge requirements or a National Pollutant Discharge Elimination System (NPDES) permit being considered by the Regional Water Board must submit a statement to the Board disclosing any contribution of $250 or more to any Regional Water Board Member.  This requirement applies to contributions of $250 or more made by the active supporter or opponent or his/her agent for use in federal, state or local elections within the last 12 months.

Also, all permit applicants and/or persons who actively support or oppose adoption of a set of waste discharge requirements or an NPDES permit pending before the Regional Water Board are prohibited from making a contribution of $250 or more to any Regional Water Board Member for three months following a Regional Water Board decision on the permit application.

Water Quality Certifications - The Regional Water Board processes requests for Water Quality Certification, pursuant to Section 401 of the Clean Water Act, to ensure that proposed federally-permitted activities will comply with the Regional Water Board´s water quality standards.  A listing of requests which are pending may be obtained by calling the office of the North Coast Regional Water Board at (707) 576-2220.  The list may also be obtained by
accessing our web site at:

Notices of Proposed Corrective Actions - The Regional Water Board provides routine public notices on proposed corrective actions and closure decisions related to cleanup on contaminated sites.  These routine notices are published on our web site and a copy is maintained at our office for public review.

Petition of Regional Board Action - Any person affected adversely by a decision of the Regional Water Board may petition the State Water Resources Control Board (State Water Board), to review the decision.  The State Water Board must receive the petition within 30 days of the Regional Water Board´s meeting at which the action was taken.  Copies of the laws and regulations applicable to filing a petition will be provided upon request, and may also be accessed at:

If the State Water Board accepts a petition for review, the Regional Water Board will be required to file the record in the matter with the State Water Board.  The costs of preparing and filing the record are the responsibility of the person(s) submitting the petition.  The Regional Water Board will contact the person(s) submitting a petition and inform them of the payment process and any amounts due.