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Agenda June 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


June 15, 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 May 18, 2005 Board Meeting

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

5. Consideration of Uncontested Items Calendar

*A. St. Helena Wastewater Treatment and Reclamation Plant, St. Helena, Napa County - Reissuance of NPDES Permit [Tong Yin 622-2418, tyin@waterboards.ca.gov]

Staff Summary Report
Tentative Order

*B. ConocoPhillips Company, San Francisco Refinery, Rodeo, Contra Costa County - Updated Waste Discharge Requirements and Rescission of Order No. 97-027 [Priya Ganguli 622-2427, pganguli@waterboards.ca.gov]

Staff Summary Report

*C. 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 - Rescission of Site Cleanup Requirements [Vincent Christian 622-2336, vchristian@waterboards.ca.gov]

Staff Summary Report

*D. 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 - Adoption of Final Site Cleanup Requirements [Randy Lee 622-2375, rylee@waterboards.ca.gov]

Staff Summary Report
Figure 1
Catellus Comment Letter

*E. 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 - Adoption of Resolution [Max Shabazian 622-4824, mshabazian@waterboards.ca.gov]

Staff Summary Report
Attachment 1
Figure 2
Appendix E

6. Central Contra Costa Sanitary District, Collection System Overflows, Contra Costa County - Hearing to Consider Administrative Civil Liability for Discharge of Untreated Wastewater to Waters of the State [Greg Walker 622-2437, gwalker@waterboards.ca.gov]

Staff Summary Report
SMR (Excel)

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

Staff Summary Report
Appendix A

8. ConocoPhillips Company, San Francisco Refinery, Rodeo, Contra Costa County - Reissuance of NPDES Permit [Robert Schlipf 622-2478, rschlipf@waterboards.ca.gov]

Staff Summary Report

9. Correspondence

10. 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)].

11. 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)].

12. 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)].

13. Adjournment to the next Board meeting - July 20, 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

May 18, 2005

NPDES Permits

Adopted Order No. R2-2005-0018 Reissuance of NPDES Permit for GWF Power Systems L.P., East Third Street Power Plant, Contra Costa County

Adopted Order No. R2-2005-0019 Reissuance of NPDES Permit for GWF Power Systems L.P., Nichols Road Power Plant, Contra Costa County Waste Discharge Requirements Adopted Order No. R2-2005-0020 Updated Waste Discharge Requirements and Rescission of Order No. 94-025 for International Disposal Corporation of California, Newby Island Class III Landfill, San Jose, Santa Clara County Site Cleanup Requirements Adopted Order No. R2-2005-0021 Rescission of Site Cleanup Requirements for Deluxe Check Printers, for property located at 1551 Dell Avenue, Campbell, Santa Clara County Adopted Order No. R2-2005-0022 Adoption of Site Cleanup Requirements for Stanford University and the United States Department of Energy for the property located at the Stanford Linear Accelerator Center, 2575 Sand Hill Road, Menlo Park, San Mateo County Other Business Information Item Status Report on the Importance of Groundwater to all Californians and California Groundwater Awareness Month Information Item Overview of Department of Energy (DOE) and Department of Defense (DOD) Cleanup Programs Information Item Update on Regional Monitoring Program for Trace Substances and Other San Francisco Estuary Institute Programs by Mike Connor, Executive Director of the Institute Information Item Status Report on Stormwater Permit Implementation

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