REVISED NOTICE OF PUBLIC MEETING

CENTRAL COAST REGIONAL WATER QUALITY CONTROL BOARD

October 3, 2012, 9:00 a.m.

895 Aerovista Place, Suite 101, San Luis Obispo, CA  93401

 

 

THIS NOTICE HAS BEEN REVISED TO CLARIFY

THE TELECONFERENCE LOCATION FOR ITEM 4

 

 

This Notice of Public Meeting provides the agenda for the meeting of the Regional Water Quality Control Board, Central Coast Region. 

Note that the Water Board will not provide an opportunity for a public forum. 

 

Agenda Items

 

 

1.       Roll Call [Kenneth A. Harris, Jr., Interim Acting Executive Officer]    Board Members Present

 

2.       Introductions [Kenneth A. Harris, Jr.]............................................... Guests and Staff Present

 

Enforcement

 

[Note: Item 3 is a hearing subject to a previously issued hearing notice.  Except as noticed and as set forth in the Chair’s Order on Objections to the Conduct of the Hearing dated September 27, 2012, the Water Board will not accept additional written evidence or oral testimony.]

 

3.     South San Luis Obispo County Sanitation District................................................ Board Action

        Administrative Civil Liability Complaint No. R3-2012-0030 [The Board will continue the

        hearing begun on September 7, 2012. The Board will open the meeting, address objections to the hearing, then adjourn to closed session to deliberate on a decision to be reached based upon evidence introduced in the hearing as authorized by Gov’t Code section 11126(c)(3). After deliberation, the Board will return to open session and announce its decision} [John Robertson 805-542-4630]

 

Closed Session

 

[Note: Item 4 will be conducted by teleconference.  Board members and appropriate staff will be present at the main meeting location at the Board’s offices in San Luis Obispo (address above).  A Board member will also be present at the following location (3121 Rivermill Drive, Columbus OH 43220), which will be accessible to members of the public, however, because Item 4 is a closed session, no member of the public will be able to address the Board.]

 

4.     Discussion of Personnel Matters and Interviewing of Candidates (Appointment of Executive

        Officer). Authority: Government Code section 11126, subdivision (a).

 

Additional Closed Session Items

 

        As authorized by Government Code section 11126, the Regional Board may meet in closed session. 

        Closed session items are not open to the public.  [See Gov’t Code §11125.7(d)]  Items the

        Board may discuss include the following. [Frances McChesney (Attorney IV), Jessica Jahr (Attorney)]

 

1.    Monterey Coastkeeper, et al. v. California Regional Water Quality Control Board, Central Coast Region (Monterey County Superior Court Case No. M111983)(Extension of 2004 Ag Order);

2.    Petition of Monterey Coastkeeper, Santa Barbara Channelkeeper and San Luis Obispo Coastkeeper (Resolution No. R3-2011-0208, Executive Officer Extension of the 2004 Agricultural Order No. R3-2004-0117)

3.    Petition of William Elliott (Resolution No. R3-2011-0208, Executive Officer Extension of the 2004 Agricultural Order No. R3-2004-0117

4.    Los Osos Community Services District v. Central Coast Water Board (ACL Order R3-2005-0137) (San Luis Obispo County Superior Court Case No. CV 060633);

5.    Central Coast Water Board v. Los Osos Community Services District (San Luis Obispo County Case No. CV-051074);

6.    Los Osos CSD v. Central Coast Water Board (San Luis Obispo County Case No. CV 060146 (TSO 00-131);

7.    Los Osos Community Services District (Bankruptcy), Central District of California Case No. ND 06-10548-RR;

8.    Maxine Heim v. Central Coast Water Board, San Luis Obispo County Superior Court Case No. CV 989572;

9.    Ken Berry, et al. v. Central Coast Water Board, et al. (Sacramento Superior Court; CEQA Challenge to Los Osos CDOs);

10.  Prohibition Zone Legal Defense Fund, et al., v. Central Coast Water Board, et al. (San Luis Obispo Superior Court Case No. CV070472) (Los Osos CDOs);

11.  Petition of Desal Response Group (Ocean View CSD Desalination Facility, Ocean View Plaza, Monterey CA; Order No. R3-2007-0040 [NPDES Permit No. CA0050016]), SWRCB/OCC File No. A-1873;

12.  Petitions of Cambria Community Services District (Chevron Service Station No. 9-0919 under General Permit No. 01-134), SWRCB/OCC File Nos. A-1462 and A-1462a.

13.  Petition of City of Lompoc (Santa Barbara County, Resolution No. R3-2008-0071 for City of Lompoc Storm Water Management Program), SWRCB/OCC File No. A-1965.

14.  Casmalia Hazardous Waste Site Litigation:  U.S. v. State of California and Related Matters.

15.  In the Matter of Petitions to Review Central Coast Regional Water Quality Control Board’s Order Nos. R3-2012-0011, R3-2012-0011-01, R3-2012-0011-02, and R3-2012-0011-03, including requests for stay: 

Ocean Mist Farms and RC Farms (includes request for stay [SWRCB/OCC File A-2209(c)];

California Farm Bureau Federation, Monterey County Farm Bureau, San Benito County Farm Bureau, San Luis Obispo County Farm Bureau, San Mateo County Farm Bureau, Santa Barbara County Farm Bureau, Santa Clara County Farm Bureau, Santa Cruz County Farm Bureau (includes request for stay) [SWRCB/OCC File A-2209(b)];

Jensen Family Farms, Inc., and William Elliott (includes request for stay) [SWRCB/OCC File A-2209(e)];

Monterey Coastkeeper, Santa Barbara Channelkeeper, and San Luis Obispo Coastkeeper [SWRCB/OCC File A-2209(a)]

Grower-Shipper Association of Central California, Grower-Shipper Association of Santa Barbara and San Luis Obispo Counties, and Western Growers (includes request for stay) [SWRCB/OCC File A-2209(d)].

16.  Petition of Levon Investments, LLC; Rose Marie Towle (trustee); John L. DeMourkas (trustee); John Ridell (trustee); Stephanie Marie Redding (trustee); Elisa Anna Redding (trustee); and Wells Fargo Bank (trustee) for Renco Encoders, 26 Coromar Drive, Goleta (Water Code Section 13267 Order dated May 13, 2011, Revising Monitoring and Reporting Program No. R3-2005-0143), SWRCB/OCC File No. A-2168.

17.  Petition of Monterey County Water Resources Agency, Water Code Section 13267 Order dated April 18, 2012, Requiring a Report of Waste Discharge, SWRCB/OCC File A-2212

18.  Consultation with counsel about:

a.    A judicial or administrative adjudicatory proceeding that has been formally initiated to which the Regional Board is a party [Gov’t Code §11126(e)(2)(A)];

b.    A matter that, based on existing facts and circumstances, presents significant exposure to litigation against the Regional Board [Gov’t Code §11126(e)(2)(B)];

c.    A matter which, based on existing facts and circumstances, the Regional Board is deciding whether to initiate litigation [Gov’t Code §11126(e)(2)(C)].

19.   Deliberation on a decision to be reached based upon evidence introduced in an adjudicatory hearing [Gov’t Code §, 11126(c) (3)].

20.  Consideration of the appointment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another employee unless the employee requests a public hearing [Gov’t Code § 11126(a)(1).]

a.    The Board may discuss significant exposure to litigation as authorized by GC Section 11126[e][2][B].  The Board may also decide whether to initiate litigation as authorized by GC Section 11126[e][2][C].  The Board is not required to allow public comment on closed session items. (See GC Section 11125.7(d).

 
Adjournment

The Water Board will hold hearings on October 12, 2012 in San Luis Obispo to consider assessment of administrative civil liability.

 

The next regularly scheduled Water Board meeting will be held on December 6, 2012 in Santa Barbara.

 

Note: The Regional Water Quality Control Board, Central Coast Region, has a home page that

can be accessed on the Internet at: http://www.waterboards.ca.gov/centralcoast

 

 

CENTRAL COAST WATER BOARD MEETING SCHEDULE 2012

Date

City

Address

 

February 1-2, 2012

 

Salinas

Salinas City Council Chamber Rotunda

200 Lincoln Avenue, Salinas, CA  93901

 

March 14-15, 2012

San Luis Obispo

March 14, 2012, Embassy Suites Hotel

333 Madonna Road, San Luis Obispo, CA 93405

March 15, 2012, Central Coast Water Board Conference Room

895 Aerovista Place, Suite 101, San Luis Obispo, CA 93401

 

May 3, 2012

 

San Luis Obispo

Central Coast Water Board Conference Room

895 Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906

July 11, 2012

Watsonville

Watsonville Wetlands Watch Center

500 Harkins Slough Road, Watsonville, CA

 

 

July 12, 2012

 

Watsonville

Watsonville City Council Chambers, 275 Main Street, 4th Floor, Watsonville, CA 95076

 

September 6, 2012

 

San Luis Obispo

Central Coast Water Board Conference Room

895 Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906

 

October 18, 2012

CANCELED

 

Santa Barbara

Santa Barbara County Supervisors Board Hearing Room

105 Anapamu Street, 4th Floor, Santa Barbara, CA   93101

 

December 6, 2012

 

Santa Barbara

Santa Barbara Planning Commission

123 East Anapamu Street

Planning Commission Hearing Room #17

Santa Barbara, CA 93101

 

 

LEAD STAFF PERSONS

Kenneth A. Harris, Interim Executive Officer                                                 805-549-3140

Michael Thomas, Assistant Executive Officer/Ombudsman                         805-542-4623

Cyndee Jones, Regional Administrative Officer                                            805-549-3372

Frances McChesney, Senior Staff Counsel                                                   916-341-5174

Jessica Jahr, Staff Counsel                                                                           916-341-5168

Harvey Packard, Section Manager/Aquatic Habitat                                      805-542-4639

Lisa Horowitz McCann, Section Mgr. /Watershed Planning & Protection     805-549-3132

John Robertson, Section Manager/Groundwater Protection                         805-542-4630

Sheila Soderberg, NPDES/DoD/Timber Programs                                       805-549-3592

Thea Tryon, Land Disposal/Site Cleanup Program                                       805-542-4776

Chris Adair, Underground Tanks/Cleanup/WDR Permits                              805-549-3761

Chris Rose, TMDLs/Non-point Source                                                           805-542-4770

Phil Hammer, Storm Water//401Water Quality Certification                          805-549-3882

Angela Schroeter, Agricultural Regulatory Program/Basin Planning             805-542-4644

Karen Worcester, Regional Monitoring/Basin Planning                                 805-549-3333

Alison Jones, Non-point Source Program                                                      805-542-4646

 

Please email, send, or fax correspondence to:

 

Central Coast Water Board

895 Aerovista Place, Suite 101, San Luis Obispo, CA  93401-7906

Phone: 805-549-3147       Fax: 805-543-0397

Email:  centralcoast@waterboards.ca.gov

 

 

 

CENTRAL COAST WATER BOARD MEMBERS

 

Board Member
Term Expires

 

Jean-Pierre Wolff

San Luis Obispo

 

 

9/30/2015

 

Monica S. Hunter

Los Osos

 

 

9/30/2012

 

Russell M. Jeffries

Vice-Chair, Salinas

 

 

9/30/2012

 

Michael Jordan

Santa Barbara

 

 

9/30/2014

 

 

Jeffrey S. Young

Chair, Santa Barbara

 

 

 

9/30/2013

 

Bruce Delgado

Marina

 

 

 

9/30/2013

 

Michael Johnston

Watsonville

 

 

 

9/30/2015

 

 

 

 

CONDUCT OF MEETING AND HEARING PROCEDURES

 

A -    The primary duty of the Central Coast Water Board is to protect the quality of waters within the Region for all beneficial uses.  This duty is implemented by formulating and adopting water quality plans for specific ground or surface water basins and by prescribing and enforcing requirements on all domestic, municipal, and industrial waste discharges.  Specific responsibilities and procedures of the Regional Water Quality Control Boards and the State Water Resources Control Board are set forth in the Porter-Cologne Water Quality Act Division 7 of the California Water Code.

 

B -    The purpose of the meeting is for the Board to obtain input from concerned and affected persons and make decisions after considering the recommendations made by the Executive Officer.  The Board will vote only on matters listed on the agenda as action items.  The Board may give direction to the Executive Officer on any matter discussed during the meeting.

 

C -    Agenda items are numbered for identification purposes and will not necessarily be considered in the order listed.

 

D -    RULES FOR LATE SUBMISSION OF WRITTEN MATERIALS:  This paragraph applies only if there are no deadlines for written evidence, testimony or comments in a separate hearing notice for an item.  Written material received after the due date on the first page of the agenda and before noon on the Monday of board meeting week generally will not be provided to Board members until the day of the meeting, but will become part of the record unless the Chair rules that the late submission would prejudice the Central Coast Water Board staff or any party.  Written material received after noon on the Monday of board meeting week will not be provided to Board members or become part of the record, unless the Chair approves the late submission.  The Chair will not approve a late submission if doing so would prejudice any party (including Central Coast Water Board staff) or the Board, but may modify this rule if a party demonstrates severe hardship.   The Chair will rule at or before the hearing.  Late submissions that consist of evidence (as opposed to policy statements or comments) will generally be deemed prejudicial unless all designated parties (see below) have time to consider the evidence before the meeting.

 

E -    The Board and staff welcome information on pertinent issues, but comments at the meeting should be brief and directed to specifics of the case to enable the Board to take the appropriate action.  Lengthy testimony should be presented to the Board in writing and only a summary of pertinent points presented verbally.  In order to give everyone an opportunity to be heard, comments should have been previously submitted in writing and a time limit on presentations may be imposed on any agenda item.  Speakers should plan to summarize key points within three minutes.  You will need to receive approval from the Chair prior to meetings to speak for longer than three minutes.  Please make your request to the Executive Officer at least one week before the meeting.

 

F -     Material presented to the Board, as part of testimony (e.g., photographs, slides, charts, diagrams, etc.) must be left with the Assistant Executive Officer, Michael Thomas.  Photographs or slides of large exhibits are acceptable.  If you plan to use visual aids such as PowerPoint, contact the Central Coast Water Board staff prior to the meeting to arrange for equipment set-up.  You must provide a printed or electronic copy of any PowerPoint presentation.  All Board files, exhibits, and agenda material pertaining to items on this agenda are hereby part of the record.

 

G -    BOARD MEETING PRINCIPLES AND CONDUCT:  Any person who appears before the Board has an obligation not to act abusively or discourteously.  Zealous representation of your interest, or the interest of a person or organization you represent, should be carried out in a professional manner.  Speakers should not engage in derogatory conduct based on race, national origin, religion, gender, sexual orientation, or similar characteristics of any person.  Speakers should always be civil and courteous when communicating with Board members, staff, or other interested persons.  All speakers should be punctual and prepared for all Board meeting appearances so that all matters may start on time and proceed efficiently.  The Board will not delay proceedings to accommodate late arrivals. The same considerations apply to members of the audience who choose not to address the Board.

 

         The Board may refuse to allow any person who engages in discourteous or disruptive conduct to speak.  In the event that any person or group intentionally interrupts the orderly conduct of a meeting, the Board can have the person or group removed from the meeting.  In the event that order cannot be restored by the removal of individuals who are interrupting the meeting, the Board may order the meeting room cleared and continue in session.  (Gov. Code § 11126.5.)  The Board may place reasonable limitations on taking still or video photographs or using placards or signage if these disrupt the meeting. 

 

         The Board may also issue contempt sanctions in adjudicatory proceedings.  "Adjudicatory proceedings" include all permitting, cleanup and enforcement matters, but do not include basin planning.  Any person is subject to the contempt sanction in an adjudicatory proceeding, whether or not the person is a "party" to the matter.  The Board can issue contempt citations for the following conduct:  obstruction or interruption of the meeting or hearing by any of the following: (1) disorderly, contemptuous, or insolent behavior toward the Board; (2) breach of the peace, boisterous conduct, or violent disturbance; or (3) other unlawful interference with the process or proceedings.  Conduct that is not in the Boardroom but that is near the meeting or hearing can also give rise to contempt sanctions.  (Ca. Gov. Code sections 11455.10-11455.30; Ca. Code of Civ. Proc. section 128.5; Cal. Code of Regs, tit. 23, sections 648(b), 648.8.)

 

If the Board decides to impose contempt sanctions, the process is as follows.  The Board first makes findings that a person should be cited for contempt.  The findings are then referred to a court.  The court will issue an order to the person(s) involved to appear before the court and defend the contempt charge.  The court then may issue the same types of contempt penalties that would apply in a civil court trial, or dismiss the matter.  In addition, the Board can order payment of attorney’s fees when any person engages in bad faith actions or tactics that are "frivolous" or solely intended to cause unnecessary delay.  In that case, the person engaging in the improper conduct must pay the attorney’s fees of any party that result from the conduct.  "Frivolous" means totally and completely without merit, or for the sole purpose of harassing another party (including Water Board staff).  An order to pay attorney’s fees takes effect immediately, does not require court action, and cannot be petitioned to the State Water Board. 

 

Public participation is very important to the Board.  Members of the public should not be afraid to comment on matters before the Board, even if they do not fully understand the applicable law.  However, public participation is hampered by an individual’s or a group’s disruptive conduct.  It is not the intent of the Board to use its contempt powers (including attorney’s fee orders) before providing a warning and allowing an opportunity to correct the conduct and avoid contempt proceedings.  Additional information on Board meeting conduct is available on our website:

http://www.waterboards.ca.gov/centralcoast/resources/docs/board_meeting_conduct.pdf

 

H -    HEARING RULES FOR CONTESTED HEARINGS IN ADJUDICATORY MATTERS (WASTE DISCHARGE OR WATER RECYCLING REQUIREMENTS, NPDES PERMITS, ADMINISTRATIVE CIVIL LIABILITY ORDERS AND INVESTIGATION OR ENFORCEMENT ORDERS [CWC §§ 13267, 13300-13308, 13383]:  This section applies unless there are different requirements in a hearing notice for an item.  Designated parties may request these procedures: to call and examine witnesses; to have witnesses testify under oath; to receive a witness list from other designated parties; to introduce exhibits; to cross-examine opposing witnesses; to impeach any witness; to rebut the evidence against him or her; and to make opening or closing statements.  A request for these hearing procedures must be received by the Executive Officer at least five working days before the hearing, and must specify the procedures the designated party is requesting. 

 

         Designated parties are any persons named in the proposed order. Central Coast Water Board staff is a designated party for administrative civil liability complaints, and for cease and desist orders that establish monetary liability and that are not issued concurrently with waste discharge requirements.  All other persons wishing to testify or provide comments are interested persons and not designated parties.  Such interested persons may request status as a designated party for purposes of an item by submitting such request in writing to the Central Coast Water Board no later than two weeks after the draft order is available for public comment.  The request must explain the basis for status as a designated party and, in particular, how the person is directly affected by the discharge.

 

I -      The Board Chair may specify a time limit for oral presentations and testimony. Board members may interrupt a presentation with questions or comments.  The time for Board member questions and witnesses’ answers will not count toward the time limit for a presentation.  In order for presentations to be fully understood, presenters must use a rate of speaking comparable to what is acceptable to a court reporter.  Please do not race through presentations faster than a normal, clear speech pattern.

 

J -     A copy of the procedures governing Water Board meetings may be found at Title 23, California Code of Regulations, Section 647 et seq., and is available upon request.  Hearings before the Central Coast Water Board are conducted pursuant to Government Code sections 11400 et seq. but not Government Code sections 11500 et seq.  The Chair may waive any procedural statutes or regulations that are not required by the United States or California Constitutions.

 

K -    All Board files, exhibits, and agenda material pertaining to items on this agenda are hereby part of the record.

 

L -     Any person affected adversely by a decision of the Board, may petition the State Water Resources Control Board (State Water Board) according to Water Code section 13320 and Title 23 California Code of Regulations section 2050.  The Petition should be addressed to Office of Chief Counsel and must be received by the State Water Board within 30 days of the Board’s action or failure to act (i.e., the meeting date).  Copies of the law and regulations applicable to filing petitions will be provided upon request and are available on the State Water Board website, www.waterboards.ca.gov

 

M -    The facility is accessible to people with disabilities.  Individuals who require special accommodations are requested to contact John Goni (805/542-4628) at least seven working days prior to the meeting.  TTY users may contact the California Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922.

 

N -    All persons who actively support or oppose the adoption of waste discharge requirements or an NPDES permit pending before the Central Coast Water Board must submit a statement to the Board disclosing any contributions of $100 or more to be used in a federal, state, or local election, made by the action supporter or opponent, or his or her agent within the last 12 months to any Central Coast Water Board Member.

 

O -    All permit applicants or persons who actively support or oppose adoption of a set of waste discharge requirements or an NPDES permit pending before the Central Coast Water Board, are prohibited from making a contribution of $100 (or more) to any Board Member for three months following a Central Coast Water Board decision on the permit application.

 

P -    The Board may conduct any scheduled hearing as a Panel Hearing as allowed by law in the event of a lack of a Board member quorum.  In the event that a Panel Hearing is held, final action on that item will not be taken until a Board member quorum is present.  The Board generally will not accept additional public comment or testimony after the Panel Hearing, unless the proposed order is substantially changed.  (Water Code Section 13228.14, gov. Code Section 11125.7)