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Agenda February 2004

California Regional Water Quality Control Board
San Francisco Bay Region
1515 Clay Street, Suite 1400
Oakland, California 94612
Phone (510) 622-2300
FAX (510) 622-2460


Wednesday, February 18, 2004

9:00 a.m.

Approximate Time[1]

9:00 a.m. 1. Roll Call and Introductions

2. Public Forum

Any person may address the Water Board at the commencement of the meeting on any matter within the jurisdiction of the Board. This should not relate to any item on the agenda. The chair requests that each person addressing the Board limit the presentation to three minutes.

3. Minutes of the January 21, 2004 Board Meeting

4. Chairman's, Board Members', and Executive Officer's Reports

5. Consideration of Uncontested Items

*A. Alfred C. Ball, May Ball, A.C. Ball Company, and the Menlo Caspian Investment Company Partners, for the property located at 141 Caspian Court, Sunnyvale, Santa Clara County - Rescission of Site Cleanup Requirements [Vince Christian 622-2336]

Adopted Order No. R2- 2004-0004
Staff Summary Report

*B. Santa Clara County, for the property located at Central Expressway near Oakmead Village Drive, Santa Clara, Santa Clara County - Adoption of Final Site Cleanup Requirements [David Barr 622-2313, dib@rb2.swrcb.ca.gov]

Adopted Order No. R2-2004-0005
Staff Summary Report

Information Item Requiring No Board Action

*C. LUST Cleanup Program - Case Closure Status Report [Donald Trembley 622-2350]

Staff Summary Report
Status Report (Excel)


6. Sobrato Development Companies, 1271 Reamwood Avenue, Sunnyvale, Santa Clara County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Derek Whitworth 622-2349]

Adopted Order No. R2-2003-0116
Staff Summary Report

7. Sausalito-Marin City Sanitary District, Sausalito, Marin County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Joseph Ernest 622-2456] (Continued to March Board meeting)

Staff Summary Report

8. California Department of Parks and Recreation, Angel Island State Park, Marin County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Joseph Ernest 622-2456]

Adopted Order No. R2-2003-0117
Staff Summary Report

9. Napa County Flood Control and Water Conservation District, Chevron Products Company, Bay Cities Oil Marketers, Inc., Dillingham Construction N.A., Inc., Texaco, Inc., Phillips Petroleum Company, ExxonMobil Oil Corporation, Exxon Mobil Corporation, and Atlantic Richfield Company, for the properties located at 301 River Street, 477 Oil Company Road, 901 Eighth Street, 903 Eighth Street, 415 Oil Company Road, 385 Oil Company Road, and 100 Oil Company Road, Napa, Napa County - Amendment of Final Site Cleanup Requirements [Mary Rose Cassa 622-2447]

Adopted Order No. R2-2004-0006
Staff Summary Report
Staff report
Response to comments
Figure 1
Figure 2 (ppt)
Figure 3-11
Figure A-1


10. Total Maximum Daily Load for PCBs in San Francisco Bay - Status Report [Fred Hetzel 622-2357]

Staff Summary Report
Status Report

11. Correspondence

12. Closed Session - Personnel
The Board may meet in closed session to discuss personnel matters. [Authority: Government Code Section 11126(a)].

13. Closed Session - Litigation
a. The Board may meet in closed session to discuss litigation, including significant exposure to litigation and whether to initiate litigation [Authority: Government Code Sections 11126(e)(2)(B)(i) and 11126(e)(2)(C)(i)].
11:30-12:30 p.m. b. The Board may meet in closed session to discuss Napa Sanitation District et time certain al. v. State Water Resources Control Board et al. (California Court of Appeal, First District, Division 4, No. A103725) and Napa Sanitation District v. California Regional Water Quality Control Board, San Francisco Region et al. (Napa Superior Court) [Authority: Government Code Section 11126(e)(2)(A)].

2:00 p.m. 14. Adjournment to the next Board meeting - March 17, 2004

[1] The “approximate time” indicated is an estimate of the time when the agenda matter is expected to be considered by the Board. The Board will follow these times as closely as possible; however, the estimates are provided for convenience and are not legally binding on the Board. (Discussion of litigation in closed session is time-certain.)


Agenda Annotations - *Uncontested item, expected to be routine and non-controversial. Recommended action will be taken at the beginning of the meeting without discussion. Any interested party, Board Member or the Executive Officer may request that the item be removed from the Uncontested calendar and it will be taken up in the order indicated by the agenda. Adoption of enforcement items as uncontested will be deemed a waiver of the opportunity for a hearing.

Conduct of Board Meetings - Items are numbered for identification purposes only, and will not necessarily be considered in this order.
Regional Board Meetings are accessible to people with disabilities. Individuals who require special accommodations should contact the Executive Assistant at least 5 working days before the meeting. TTY users may contact the California Relay Service at 1-800-735-2929 of voice line at 1-800-735-2922.

Materials presented to the Board as part of testimony that is to be made part of the record must be left with the Board. These include photographs, slides, charts, diagrams, etc. Anyone intending to make a presentation using slides, overheads, computer graphics, or other media should coordinate with the staff person for that agenda item in advance of the meeting.

Some board members may attend a meeting by teleconference. 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 on evidence introduced in a hearing. [Government Code section 11126(a), (d) and (q)]

Availability of Agenda Items - Staff reports and tentative orders or resolutions for agenda items are available at www.waterboards.ca.gov/sanfranciscobay, one week before the Board Meeting. Copies of individual agenda items may also be obtained at the Board's office after 9 am on the Friday preceding the Board Meeting. The staff member indicated on the agenda listing will assist in answering questions.

Petition of Regional Board Action - Any person adversely affected by a Regional Board decision may petition the State Water Resources Control Board to review the decision. Pursuant to section 2050© of Title 23 of the California Code of Regulations, any petition of the Regional Board's action on any agenda item to the State Board shall be limited to those substantive issues or objections that were raised before the Regional Board at the public hearing or in timely submitted written correspondence delivered to the Regional Board. A petition must be received by the State Board within 30 days of the Regional Board meeting at which adverse action was taken. Copies of the law and regulations applicable to filing petitions for appeal will be provided upon request. See Title 23 of the California Code of Regulations, sections 2050 - 2068.

Contributions to Board Members - All persons who actively support or oppose the adoption of waste discharge equirements or an NPDES permit before the Regional Board must submit a statement to the Board disclosing any contribution of $250 or more to be used in a state, federal, or local election, made by the action supporter or opponent or his or her agent, to any Regional Board Member within the past 12 months.
All permit applicants and all persons who actively support or oppose adoption of waste discharge requirements or an NPDES permit pending before the Regional Board are prohibited from making a contribution of $250 or more to any Board Member for 3 months following a Regional Board decision on a permit application.

Water Quality Certification - To obtain information regarding pending Section 401 Certification applications, call 622-2300.

Administrative Civil Liabilities and Mandatory Minimum Penalties - A discharger may waive its right to a hearing on an agenda item for an ACL or MMP. If there is a waiver, no hearing will be held unless new, substantial information is made available that was not considered during the public comment period.


1515 Clay Street, Suite 1400, Oakland, CA 94612 (510) 622-2300 Fax (510) 622-2460

Internet Address: http://www.waterboards.ca.gov/sanfranciscobay

Regional Board Members

City of Residence
Appointment Category
Clifford Waldeck, Chair
Mill Valley
Municipal Government
Mary C. Warren, Vice Chair
County Government
Kristen Dowd Addicks
Stinson Beach
Recreation, Fish or Wildlife
Doreen Chiu
Union City
Industrial Water Use
Josephine De Luca
Redwood City
Undesignated (Public)
Shalom Eliahu
Water Supply
William J. Schumacher
San Francisco
Water Quality
John Muller
Half Moon Bay
Irrigated Agriculture
John H. Reininga
San Francisco
Water Quality


Regional Board Staff

Executive Officer
Assistant Executive Officers
Counsel to the Board
Bruce H. Wolfe
Lawrence P. Kolb
Yuri Won
Stephen I. Morse
Dorothy Dickey
Executive Assistant
Public Assistance Officer
Mary E. Tryon
North Bay Watershed Management Division
Groundwater Protection/Waste Containment Division
Toxics Cleanup Division
Wilfried Bruhns, Acting Chief
Curtis T. Scott, Chief
Stephen A. Hill, Chief
Susan F. Gladstone, Section Leader
Terry Seward, Section Leader
John D. Wolfenden, Section Leader
William B. Hurley, Section Leader
John E. Kaiser, Section Leader
Anders G. Lundgren, Section Leader
South Bay Watershed Management Division
Chuck Headlee, Section Leader
Shin-Roei Lee, Chief
Keyvan Moghbel, Section Leader
Dale C. Bowyer, Section Leader
Marcia Brockbank, Project Manager
Permits Division
Planning and TMDL Division
Management Services Division
Lila Tang, Acting Chief
Thomas Mumley, Chief
Olivia Hampton-Rice, Chief
Greg H. Walker, Section Leader
Steve Moore, Section Leader
Vacancy, Section Leader
Dyan Whyte, Acting Section Leader
Gina Kathuria, Section Leader


The primary responsibility of the Regional Board is to protect the quality of the surface water and groundwater within the Region for beneficial uses. This duty is carried out by formulating and adopting water quality plans for specific water bodies, by prescribing and enforcing requirements on domestic and industrial waste dischargers, and by requiring cleanup of water contamination and pollution. Specific responsibilities and procedures of the Board are outlined in the Porter-Cologne Water Quality Control Act.

Regional meetings of the Board normally are held on the third Wednesday of each month in the Elihu M. Harris State Office Building, First Floor Auditorium, 1515 Clay Street, Oakland. They are scheduled to begin at 9:00 a.m.

The purpose of the monthly meeting is to provide the Board with testimony and information from concerned and affected parties and to make decisions after considering the evidence presented. A public forum is held at each regular meeting where any person may address the Board on any matter within the jurisdiction of the Board, but may not be related to any item on the agenda. The Board welcomes information on pertinent problems, but comments at the meeting should be brief and directed to specifics of the case to enable the Board to take appropriate action. Written testimony must be received prior to the Board meeting by the date requested by staff. Verbal comments should only summarize the written material. New written testimony will not be entered into the record the day of the Board meeting.

Tape recordings are made of each Board meeting and these tapes are retained in the Board's office for two years. Anyone desiring copies of these tapes may, at their own expense, arrange to have duplicate tapes made by contacting the Executive Assistant at (510) 622-2399. A copy of the written transcript may be obtained by calling California Shorthand Reporting at (415) 457-4417.

San Francisco Bay Region

Summary of Board Actions Taken at the Regular Meeting

January 21, 2004

Enforcement Action

Mandatory Minimum Penalty

Complaint Number R2-2003-0102 Mandatory Minimum Penalty for Shell Oil Products US, Martinez Refinery, Contra Costa County in the amount of $3,000. $3,000 will be used for a supplemental environmental project.

NPDES Permit

Adopted Order No. R2-2004-0002 Reissuance of NPDES Permit for Union Sanitary District, Old Alameda Creek Intermittent Wet Weather Discharge, Union City, Alameda County


Adopted Resolution No. R2-2004-0003 Adoption of Resolution Adopting an Amendment to the Water Quality Control Plan (Basin Plan) for San Francisco Bay Region Updating Water Quality Objectives and NPDES Implementation Provisions and Requesting Approval from the State Water Resources Control Board

Water Reuse Requirements

Adopted Order No. R2-2004-0001 Issuance of Water Reuse Requirements for Presidio Trust of San Francisco, City and County of San Francisco

Other Business

Information Only Status Report on Hookston Station, 228 Hookston Road, Pleasant Hill, Contra Costa County

Information Only Status Report on South Bay Salt Ponds Restoration

Information Item

Information Only Case Closure Status Report on LUST Cleanup Program

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