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Agenda November 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
November 17, 2004

9:00 a.m.
Elihu M. Harris Building
First Floor Auditorium


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 October 20, 2004 Board Meeting

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


Mandatory Minimum Penalties

5. Ultramar Inc.'s former Golden Eagle Refinery, Martinez, Contra Costa County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State
[Michael Chee 622-2333]

Adopted Order No. R2-2004-0068
Staff Summary Report, MMP and Attachments

6. Kobe Precision, Inc., Hayward, Alameda County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State
[Michael Chee 622-2333]

Adopted Order No. R2-2004-0071
Staff Summary Report, MMP and Attachments

7. Pacific Gas and Electric Company, Hunter's Point Power Plant, San Francisco - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State
[Myriam Zech 622-5684]

Adopted Order No. R2-2004-0083
Staff Summary Report

8. Triennial Review of the San Francisco Bay Basin Water Quality Control Plan (Basin Plan) - Adoption of Resolution and Prioritized List of Basin Plan Issues
[Steve Moore 622-2439]

Adopted Order No. R2-2004-0092
Staff Summary Report
Response to comments
Staff Report
Table B-1
Table 1-1

9. Novato Sanitary District, Novato, Marin County - Reissuance of NPDES Permit
[Gina Kathuria 622-2378]

Adopted Order No. R2-2004-0093
Staff Summary Report
Final Transmittal letter
Fact Sheet
Response to comments

10. Santa Clara Valley Urban Runoff Pollution Prevention Program - Status Report on Hydromodification Plan Approval and New and Redevelopment Control Measure Implementation Issues
[Janet O'Hara 622-5681]

Staff Summary Report
Staff Report

11. Consideration of Formation of Board Subcommittee - The Board will consider creating a subcommittee of three or more members of the Board that would be authorized in the absence of a Board quorum to conduct workshops or hearings on Board business. Such a subcommittee would not take any formal action, but would subsequently report to the Board its recommended course of action, if any, for full Board consideration. The Board will further consider delegating to the Chair the authority to designate the members of the subcommittee.

Adopted Resolution No. R2-2004-0094
Staff Summary Report

12. Correspondence

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

14. Closed Session - Litigation
11:30 - 12:30 p.m. 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)].

15. Adjournment to the next Board meeting - January 19, 2005

[1] The “approximate time” indicated is an estimate of the time when the agenda item 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.


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 an item be removed from the Uncontested Items Calendar, and it will be taken up in the order indicated by the agenda.

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 a.m. on the Thursday preceding the Board meeting. The staff member indicated on the agenda listing will assist in securing copies and answering questions.

Conduct of Board Meetings - Items are numbered for identification purposes only, and may not necessarily be considered in this order.

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 or voice line at 1-800-735-2922.

Materials presented to the Water 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 member 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)]
Agenda Items on Administrative Civil Liabilities and Mandatory Minimum Penalties - A discharger may waive the 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.

Petition of Water Board Actions - Any person adversely affected by a Water Board action may petition the State Water Resources Control Board for review of that action. Pursuant to section 2050© of Title 23 of the California Code of Regulations, such a petition of the Water Board's action on an agenda item shall be limited to those substantive issues or objections that were raised before the Water Board at the Board meeting or in timely submitted written correspondence delivered to the Water Board. A petition must be received by the State Board within 30 days of the Water Board meeting at which action was taken. Copies of the law and regulations applicable to filing petitions for review 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 requirements or an NPDES permit before the Water 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 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 Water Board are prohibited from making a contribution of $250 or more to any Board member for 3 months following a Board decision on a permit application.

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


Water Board Members
City of Residence
Appointment Category
Clifford Waldeck, Chair
Mill Valley
Municipal Government
Mary C. Warren, Vice Chair
County Government
Kristen Dowd Addicks
Recreation, Fish or Wildlife
Doreen Chiu
Union City
Industrial Water Use
Josephine De Luca
Redwood City
Undesignated (Public)
Shalom Eliahu
Water Supply
Water Quality
John Muller
Half Moon Bay
Irrigated Agriculture
John H. Reininga
San Francisco
Water Quality
Water 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
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
Keith Lichten, Acting 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
Ann Powell, Acting Section Leader
Dyan Whyte, Acting Section Leader
Gina Kathuria, Section Leader

The primary responsibility of the Water Board is to protect and enhance the quality of regional surface water and groundwater for beneficial uses. This duty is carried out by formulating, adopting, and implementing water quality plans for specific water bodies, by prescribing and enforcing requirements on 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.
Meetings of the Water 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 meetings is to provide the Board with an opportunity to receive testimony and information from concerned and affected parties and to make decisions after considering the evidence presented. A public forum is held at the beginning of each general meeting where persons may speak on matters within the Board's jurisdiction that are not specific agenda items. 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 indicated by staff. Verbal comments made at the Board meeting should only summarize the written material.
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.

Summary of Board Actions Taken at the Regular Meeting

October 20, 2004

Enforcement Actions
Mandatory Minimum Penalties
Complaint Number R2-2004-0051 Mandatory Minimum Penalty for Hanson Aggregates, San Francisco Sand Yard, San Francisco County in the amount of $81,000. $48,000 will be used for a supplemental environmental project.
Complaint Number R2-2004-0053 Mandatory Minimum Penalty for General Chemical Corporation, City of Pittsburg, Contra Costa County in the amount of $45,000. $30,000 will be used for a supplemental environmental project.
Complaint Number R2-2004-0067 Mandatory Minimum Penalty for C&H Sugar Company, Crockett, Contra Costa County in the amount of $63,000. $39,000 will be used for a supplemental environmental project.
NPDES Permit
Public Hearing Public Hearing to Receive Testimony on Reissuance of NPDES Permit for East Bay Municipal Utility District, Special District No. 1, Wet Weather Facilities, Alameda County
Site Cleanup Requirements
Adopted Order No. R2-2004-0086 Adoption of Site Cleanup Requirements for City of Oakland and Port of Oakland, for the property located at the Former Oakland Army Base, Oakland, Alameda County
Other Business
Adopted Resolution No. R2-2004-0087 Adoption of Resolution Authorizing the Executive Officer to Enter into an Agreement for Mutual Release and Covenant Not to Sue with 301 Industrial LLC, for property located at 301 Industrial Way, San Carlos, San Mateo County
Adopted Resolution No. R2-2004-0088 Adoption of Resolution of Concurrence for Declaration of Public Health Hazard Related to Sewage Disposal for Community of Pescadero by San Mateo County Public Health and Environmental Protection Division
Adopted Resolution No. R2-2004-0089 Adoption of Resolution of Concurrence for Declaration of Water Pollution Problem and Potential Public Health Hazard Related to Sewage Disposal for East Shoreline of Tomales Bay by Marin County Environmental Health Services, Community Development Agency
Status Report Status Report on Brownfield Site Cleanup and Redevelopment
Status Report Status Report on Electronic Reporting of Compliance Data
Information Item
Information Only Status Report on Leaking Underground Fuel Tank Cleanup Program

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