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Agenda July 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


July 19 and 20, 2005
Approximate Time1 9:00 a.m.

1. Roll Call and Introductions

2. Closed Session - Personnel
The Board will meet in closed session to discuss the performance review of the Executive Officer. [Authority: Government Code Section 11126(a)] Note that this Roll Call and Closed Session will be held in Room 15-30A of the Elihu M. Harris Building.

July 20, 2005 - 9:00 a.m.
3. Roll Call and Introductions

4. 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.

5. Minutes of the June 15, 2005 Board Meeting

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

7. Consideration of Uncontested Items Calendar

*A. Angel Island State Park, Marin County; Port of Oakland, Galbraith Site, Alameda County; U.S. Navy, Point Molate Site, Contra Costa County; Fairchild Semiconductor Corporation, Santa Clara County - Rescission of NPDES Permits [Marisela Torres 622-2463, mtorres@waterboards.ca.gov]

Staff Summary Report
Tentative Order

*B. Universal Paint Corporation, Teltec Corporation, Richard Cotarelo, Jenny Cotarelo, Adelaide Garoppo, and Robert Stribling, for the property located at 1485-1509 Berger Drive, San Jose, Santa Clara County - Amendment of Site Cleanup Requirements [Vincent Christian 622-2336, vchristian@waterboards.ca.gov]

Staff Summary Report
Tentative Order

*C. Starlink Logistics, Inc. (formerly Rhone-Poulenc, Inc.), for the Wetland Operable Unit of the property located at 1990 Bay Road, East Palo Alto, San Mateo County - Adoption of Final Site Cleanup Requirements [Mark Johnson 622-2493, mjohnson@waterboards.ca.gov]

Staff Summary Report
Attachment A
Attachment B

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

Staff Summary Report

8. Hamilton Wetland Restoration Project, United States Army Corps of Engineers, San Francisco District, California State Coastal Conservancy, Novato, Marin County - Waste Discharge Requirements and Water Quality Certification [Naomi Feger 622-2328, nfeger@waterboards.ca.gov and Elizabeth Christian 622-2335, echristian@waterboards.ca.gov]

Staff Summary Report
Tentative Order
Response to Comments

9. Santa Clara Valley Urban Runoff Pollution Prevention Program, Santa Clara County - Amendment of NPDES Municipal Stormwater Permit [Sue Ma 622-2386, sma@waterboards.ca.gov and Janet O'Hara 622-5681, johara@waterboards.ca.gov]

Staff Summary Report
Tentative Order
Attachment A
Fact Sheet
Public Comment (zip)
Response to Comments

10. Board Budget and Staffing - Status Report on the Board's Fiscal Year 2005-06 Budget and Staffing [Bruce Wolfe 633-2314, bwolfe@waterboards.ca.gov]

Staff Summary Report

11. Correspondence

12. 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)]

13. 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)]

14. Adjournment to the next Board meeting - August 17, 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
Kristina Brouhard
Industrial Water Use
Margaret Bruce
Boulder Creek
Water Quality
Josephine De Luca
Redwood City
Undesignated (Public)
Shalom Eliahu
Water Supply
Clifford Waldeck
Mill Valley
Municipal Government
Gary Wolff
Castro Valley
Water Quality
Recreation, Fish or Wildlife


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
Dale C. Bowyer, Acting Section Leader
Keith Lichten, Section Leader
Marcia Brockbank, Project Manager
Permits Division
Planning and TMDL Division
Management Services Division
Lila Tang, 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
June 15, 2005
Enforcement Action Administrative Civil Liability Complaint Number R2-2004-0098 Administrative Civil Liability for Central Contra Costa Sanitary District, Collection System Overflows, Contra Costa County in the amount of $165,000. $155,000 will be used for a supplemental environmental project. $10,000 will be used to cover Board staff costs.

NPDES Permits Adopted Order No. R2-2005-0025 Reissuance of NPDES Permit for St. Helena Wastewater Treatment and Reclamation Plant, St. Helena, Napa County Adopted Order No. R2-2005-0030 Reissuance of NPDES Permit for ConocoPhillips Company, San Francisco Refinery, Rodeo, Contra Costa County Waste Discharge Requirements Adopted Order No. R2-2005-0026 Updated Waste Discharge Requirements and Rescission of Order No. 97-027 for ConocoPhillips Company, San Francisco Refinery, Rodeo, Contra Costa County Site Cleanup Requirements Adopted Order No. R2-2005-0027 Rescission of Site Cleanup Requirements for Unisys Corporation, Seagate Technology, Inc. (formerly Magnetic Peripherals, Inc.), and Jenny Boston Properties, for the property located at 3333 Scott Boulevard, Santa Clara, Santa Clara County Adopted Order No. R2-2005-0028 Adoption of Final Site Cleanup Requirements for Atlantic Richfield Company, Chevron U.S.A. Inc., Phillips Petroleum Company, Texaco, Inc., Union Oil Company of California, City and County of San Francisco, and Ecor-SF Holdings, Inc. (formerly known as Esprit de Corp.), for the former petroleum terminals and related pipelines located at Pier 64 and vicinity, San Francisco Other Business Adopted Resolution No. R2-2005-0029 Adopted Resolution Authorizing the Executive Officer to Enter into an Agreement for Mutual Release and Covenant Not to Sue with FC Oakland, Inc., and the Redevelopment Agency of the City of Oakland for the Oakland Uptown Mixed Use Site, Oakland, Alameda County Planning Public Hearing Held
and Continued Held a Public Hearing to Receive Testimony on 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

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