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Agenda May 2006

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


May 10, 2006
Approximate Time1 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 April 12, 2006 Board Meeting

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

5. Consideration of Uncontested Item Calendar

*A. USS-POSCO Industries, Pittsburg Plant, Pittsburg, Contra Costa County - Reissuance of NPDES Permit [Gayleen Perreira 622-2407 gperreira@waterboards.ca.gov]

Staff Summary Report
Response to Comments

6. TWC Storage, LLC, 1165 East Arques Avenue, Sunnyvale, Santa Clara County - Hearing to Consider Imposition of Administrative Civil Liability or Referral to the Attorney General for Unauthorized Discharge of Waste and a Hazardous Substance into Waters of the State [Max Shabazian 622-4824, mshahbazian@waterboards.ca.gov]

7. East Bay Regional Parks District, Union Sanitary District, and East Bay Dischargers Authority, Hayward Shoreline Marsh, Hayward, Alameda County - Reissuance of NPDES Permit [Robert Schlipf 622-2478, rschlipf@waterboards.ca.gov]

Final Transmittal Letter
Staff Summary Report
Attachment C
Response to Written Comments

8. Mirant Potrero, LLC, Potrero Power Plant, San Francisco, San Francisco County - Reissuance of NPDES Permit [Derek Whitworth 622-2349, dwhitworth@waterboards.ca.gov]

Staff Summary Report
Response to Comments

9. California Department of Transportation, Pigeon Pass State Route 84 Realignment, Alameda County - Issuance of Waste Discharge Requirements and Water Quality Certification [Brendan Thompson 622-2506, bthompson@waterboards.ca.gov]

Staff Summary Report
Appendix B

10. Site Cleanup Program - Status Report [Chuck Headlee 622-2433, cheadlee@waterboards.ca.gov] (Continued to next Board Meeting)

Staff Summary Report
Status Report

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 - June 14, 2006

Notice of Stormwater Subcommittee Workshop May 10, 2006
No later than 2:00 p.m.
Eliahu M. Harris Building
First Floor Auditorium (Subject to Change)
1515 Clay Street
Oakland, CA 94612

After adjournment of the Board meeting, the stormwater subcommittee consisting of Board Members Margaret Bruce and Gary Wolff (with Board Member Kristina Brouhard as an alternate) will convene a workshop to receive information from interested persons relating to urban stormwater management and land use as it affects water quality planning and permitting, including the pending municipal regional stormwater permit. Interested persons are invited to participate in the workshop. The subcommittee will report its findings to the full Board in a properly noticed future public meeting. The workshop will be recorded and made part of the record for the pending municipal regional stormwater permit. [Shin-Roei Lee 622-2376, srlee@waterboards.ca.gov]

Staff Summary Report

[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.   CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - San Francisco Bay Region

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
Communications Coordinator
Mary E. Tryon
Sandia Potter
North Bay Watershed Management Division
Groundwater Protection/Waste Containment Division
Toxics Cleanup Division
Wilfried Bruhns, 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
Gina Kathuria, Section Leader
Chuck Headlee, Section Leader
Shin-Roei Lee, Chief
Dale C. Bowyer, 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
Bill Johnson, Section Leader
Naomi Feger, Acting Section Leader
Robert Schlipf, Section Leader
Dyan Whyte, Section Leader
Christine Boschen, Section Leader

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