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Agenda February 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


February 8, 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 January 11, 2006 Board Meeting

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

5. Consideration of Uncontested Item Calendar

*A. Pacific Gas & Electric Company, PG&E Shell Pond, Bay Point, Contra Costa County - Reissuance of NPDES Permit [Gayleen Perreira 622-2407, gperreira@waterboards.ca.gov]

Staff Summary Report
Tentative Order
Response to Comments
Contra Costa Water District comments
PG&E Shell Pond Tentative Order comments

6. The City and County of San Francisco, San Francisco International Airport - Industrial Wastewater Treatment Plant, San Francisco, San Mateo County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Robert Schlipf 622-2478, rschlipf@waterboards.ca.gov]

Staff Summary Report
Tentative Order

7. Chevron, Richmond Refinery, Richmond, Contra Costa County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Robert Schlipf 622-2478, rschlipf@waterboards.ca.gov]

Staff Summary Report
Tentative Order

8. TMDL Program Status Report - Information Item [Dyan Whyte 622-2441, dwhyte@waterboards.ca.gov]

Status Report

9. Correspondence

10. Closed Session - Personnel
11:30 - 12:30 p.m. The Board will meet in closed session to discuss the performance review of the Executive Officer. [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 - March 8, 2006

[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
Deborah Widener
San Francisco
Recreation, Fish or Wildlife
Gary Wolff
Castro Valley
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
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
Vacancy, Section Leader
Steve Moore, Section Leader
Vacancy, Section Leader
Dyan Whyte, Section Leader
Bill Johnson, 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 second 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 House of Scribes at (209) 478-8200.

San Francisco Bay Region

Summary of Board Actions Taken at the Regular Meeting
January 11, 2006

Enforcement Action Mandatory Minimum Penalties Complaint No. R2-2005-0052 Mandatory Minimum Penalty for ConocoPhillips Company, San Francisco Refinery, Rodeo, Contra Costa County in the amount of $111,000. $63,000 will be used for a supplemental environmental project. Complaint No. R2-2005-0060 Mandatory Minimum Penalty for General Chemical Corporation, Pittsburg, Contra Costa County in the amount of $33,000. $24,000 will be used for a supplemental environmental project.

Waste Discharge Requirements Adopted Order No. R2-2006-0006 Adopted Waste Discharge Requirements for County of Santa Clara, Elmwood Commercial Development, Milpitas, Santa Clara County Adopted Order No. R2-2006-0007 Adopted Conditional Waiver of Waste Discharge Requirements for Tire Shreds Reuse in Road Construction Projects for California Department of Transportation Adopted Order No. R2-2006-0008 Amendment of Waste Discharge Requirements Order No. R2-2002-0066 for West County Landfill, Inc., West Contra Costa Sanitary Landfill Inc., Republic Services, Inc., West Contra Costa County Sanitary Landfill Class II Waste Management Facility, Richmond, Contra Costa County Information Item Information Only Status Report on Leaking Underground Fuel Tank Cleanup Program Other Business Status Report Status Report on NPDES Program Status Report Status Report on System for Reporting and Tracking Sanitary Sewer Overflows

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