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Agenda April 2005

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


April 20, 2005
Approximate Time1 9:00 a.m.

1. Roll Call and Introductions

2. Public Forum
Any person may address the Water Board during the Public Forum 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 March 16, 2005 Board Meeting

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

5. Consideration of Uncontested Items Calendar

*A. Napa Sanitation District, Napa, Napa County - Reissuance of NPDES Permit [Tong Yin 622-2418,tyin@waterboards.ca.gov

Staff Summary Report
Tentative Order

*B. Sonoma Valley County Sanitation District, Sonoma, Sonoma County - Modification of NPDES Permit [Tong Yin 622-2418, tyin@waterboards.ca.gov]

Staff Summary Report
Tentative Order

*C. Morton International, Inc., Morton Salt Division, Newark Facility, Alameda County - Reissuance of NPDES Permit [Daniel Leva 622-2415, dleva@waterboards.ca.gov]

Staff Summary Report
Tentative Order
Fact sheet
Attachments 1,2, 3 (xls)
Attachment 4

*D. Schaefer Ranch Holdings, LLC, Schaefer Ranch Project, Dublin, Alameda County - Amendment of Waste Discharge Requirements and Water Quality Certification for Change of Ownership [Kathryn Hart 622-2356, khart@waterboards.ca.gov

5D_SSR.pdfStaff Summary Report
Tentative Order

*E. Oregon Steel Mills, d.b.a. Napa Pipe, and Napa Pipe Corporation - Napa Pipe Steel Pipe Manufacturing Facility, Napa, Napa County - Updated Waste Discharge Requirements and Rescission of Order Nos. 89-070 and 95-011 [Alec Naugle 622-2510, anaugle@waterboards.ca.gov]

Staff Summary Report
Tentative Order

*F. Desco Corporation, Mitek, Inc., Panel Clip and Lumberlock, and Lincoln Hayward VI, for property located at 1029 Whipple Road, Hayward, Alameda County - Rescission of Site Cleanup Requirements [John Wolfenden 622-2444, jwolfenden@waterboards.ca.gov]

Staff Summary Report

*G. Johnston Pump/General Valve, Inc., for property located at 300 Channel Road West, Benicia, Solano County - Rescission of Site Cleanup Requirements [Mary Rose Cassa 622-2447, mcassa@waterboards.ca.gov]

Staff Summary Report
Tentative Order

*H. Lika Engineering, Inc., Lika Corporation, Golden Technology, Inc., EH International, Inc., Pollack and Pollack General Partnership, Robert S. Pollack, Michael A. Pollack, Milan Manderic, Gordana Manderic, Ved Khosla, and Santosh Khosla, for property located at 472 Nelo Street, 482 Nelo Street, 3459 Edward Avenue, 3461 Edward Avenue, 3465 Edward Avenue, 3475 Edward Avenue, 3479 Edward Avenue, 3485 Edward Avenue, 451 Aldo Avenue, and 455 Aldo Avenue, Santa Clara, Santa Clara County - Adoption of Final Site Cleanup Requirements [Vincent Christian 622-2336, vchristian@waterboards.ca.gov]

Staff Summary Report
Tentative Order

*I. Authorizing the Executive Officer to Enter into an Agreement for Mutual Release and Covenant Not to Sue with Lowe's HIW, Inc., for property located at 811 East Arques Avenue, Sunnyvale, Santa Clara County - Adoption of Resolution [Keith Roberson 622-2404, kroberson@waterboards.ca.gov]

Staff Summary Report
Tentative Order
Site Map
Deed Restriction

*J. Emergency, Abandoned, Recalcitrant (EAR) Underground Storage Tank Account Nomination Request for Sunol Tree Gas Station at 3004 Andrade Road, Sunol, Alameda County - Adoption of Resolution Supporting Nomination to State Water Resources Control Board's EAR Account [Betty Graham 622-2358bgraham@waterboards.ca.gov]

Staff Summary Report
Tentative Order

*K. Leaking Underground Fuel Tank Cleanup Program - Status Report [Chuck Headlee 622-2433, cheadlee@waterboards.ca.gov]

Staff Summary Report
Status Report (Power Point)

6. City of Sunnyvale, Sunnyvale Water Pollution Control Plant, Santa Clara County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Michael Chee 622-2333, mchee@waterboards.ca.gov]

Staff Summary Report

7. Proposed Amendment to the Water Quality Control Plan (Basin Plan) for San Francisco Bay Region to Establish a Tomales Bay Watershed Pathogens Total Maximum Daily Load (TMDL) and Implementation Plan - Hearing to Receive Testimony on Proposed Amendment [Farhad Ghodrati 622-2331, fghodrati@waterboards.ca.gov and Becky Tuden 622-5685, rtuden@waterboards.ca.gov]

Staff Summary Report
Appendix A - Proposed Basin Plan Amendment and Staff Report

8. 2003-2004 Industrial Stormwater Program Review [Rico Duazo 622-2340, rduazo@waterboards.ca.gov and Vic Pal 622-2403, vpal@waterboards.ca.gov]

Staff Summary Report
Status Report

9. 2003-2004 Annual Review of Municipal Stormwater Programs with Focus on Monitoring - Alameda, Santa Clara, San Mateo and Contra Costa Counties [Janet O'Hara 622-5681, johara@waterboards.ca.gov; Jennifer Krebs 622-2315, jkrebs@waterboards.ca.gov; Sue Ma 622-2386, sma@waterboards.ca.gov; Habte Kifle 622-2371, hkifle@waterboards.ca.gov; and Christine Boschen 622-2346, cboschen@waterboards.ca.gov]

Staff Summary Report
Alameda Countywide Stormwater Program Staff Report
Santa Clara Valley Urban Runoff Pollution Prevention Program Staff Report
San Mateo Countywide Municipal Stormwater Program Staff Report
Contra Costa Clean Water Program Staff Report

10. South Bay Salt Pond Initial Stewardship Plan, Review of Annual Self-Monitoring Report [Steve Moore 622-2439,smoore@waterboards.ca.gov]

Staff Summary Report
Attachments (zip)

11. Correspondence

12. Closed Session - Personnel
11:30 - 12:30 p.m. The Board may meet in closed session to discuss personnel matters. [Authority: Government Code Section 11126(a)].

13. Closed Session - Litigation
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)].

14. Closed Session - Deliberation
The Board may meet in closed session to consider evidence received in an adjudicatory hearing and deliberate on a decision to be reached based on that evidence [Authority: Government Code Section 11126(c)(3)].

15. Adjournment to the next Board meeting - May 18, 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.  


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

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

Water Board Members

City of Residence
Appointment Category
John Muller, Chair
Half Moon Bay
Irrigated Agriculture
Mary C. Warren, Vice Chair
County Government
Kristen Dowd Addicks
Recreation, Fish or Wildlife
Josephine De Luca
Redwood City
Undesignated (Public)
Shalom Eliahu
Water Supply
Clifford Waldeck
Mill Valley
Municipal Government
Industrial Water Use
Water Quality
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
Shin-Roei Lee, Chief
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
Aleathia Gary, Acting Chief
Greg H. Walker, Section Leader
Steve Moore, Section Leader
Ann Powell, Acting Section Leader
Dyan Whyte, 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.

San Francisco Bay Region

Summary of Board Actions Taken at the Regular Meeting

March 16, 2005

Enforcement Actions Mandatory Minimum Penalty Complaint No. R2-2004-0097 Mandatory Minimum Penalty for North San Mateo County Sanitary District, Wastewater Treatment Plant, Daly City, San Mateo County in the amount of $3,000. $3,000 will be used for a supplemental environmental project.
Referral to Attorney General Adopted Resolution No. R2-2005-0007 Adopted Resolution Authorizing Attorney General Referral to Seek Judicial Civil Penalties and Other Relief for Diesel Fuel Spill in April 2004 by Kinder Morgan Energy Partners, L.P., Fairfield, Solano County NPDES Permit Adopted Order No. R2-2005-0006 Adopted New NPDES Permit for Marin Municipal Water District, Desalination Pilot Plant, San Rafael, Marin County Other Business Adopted Motion Adopted Motion to Hold Hearing Concerning Naming Additional Dischargers to Site Cleanup Requirements for 327 Moffett Boulevard, Mountain View, Santa Clara County Status Report Status Report by Skip Sowko on California Department of Transportation, Devil's Slide Tunnel Project, County of San Mateo Status Report Status Report on Former Zeneca Site, Richmond, Contra Costa County

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