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Agenda October 17, 2001

9:00 a.m.


Approximate Time
9:00 a.m. 1: Roll Call and Introductions

Any person may address the Regional 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 September 19, 2001, Board Meeting

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

5. Consideration of Uncontested Items Calendar (See Notes attached)

NPDES Permits

*A. Hanson Aggregates Mid-Pacific, Inc., Marina Vista Facility, Martinez, Contra Costa County - Reissuance of NPDES Permit [Eddy So 622-2418, es@rb2.swrcb.ca.gov]
Adopted Order No. 01-112

*B. City of American Canyon, Napa County - Amendment of NPDES Permit [Tobi Tyler 622-2431, tt@rb2.swrcb.ca.gov]
Adopted Order No. 01-113

Transmittal Letter

Site Cleanup Requirements

*C. Arco Products Company, Chevron USA, Inc., Phillips Petroleum Company, Texaco, Inc., Union Oil Company of California, City and County of San Francisco, and Esprit De Corp, for the property located at Pier 64 and Associated Offsite Facilities, City and County of San Francisco - Amendment of Site Cleanup Requirements [Vic Pal 622-2403, vp@rb2.swrcb.ca.gov]
Continued to next Board Meeting

Staff Summary Report
Tentative Order

*D. Hewlett-Packard Company, for the property located at 10900 North Wolfe Road, Cupertino, Santa Clara County - Rescission of Site Cleanup Requirements [Derek Whitworth 622-2349, dw@rb2.swrcb.ca.gov] Adopted
Adopted Order No. 01-114

Staff Summary Report

*E. Honeywell, Inc., and Krausz Coronado One, LLC, for the property located at 3001 Stender Way, Santa Clara, Santa Clara County - Rescission of Site Cleanup Requirements [David Barr 622-2313, dib@rb2.swrcb.ca.gov]
Adopted Order No. 01-115

Staff Summary Report

*F. Owens Corning Fiberglas Corporation, for the property located at 960 Central Expressway, Santa Clara, Santa Clara County - Rescission of Site Cleanup Requirements [Vince Christian 622-2336, vac@rb2.swrcb.ca.gov]
Adopted Order No. 01-116

Staff Summary Report

*G. Mr. Raymond Guadagni, for the property located at 1274 McKinstry Street, Napa, Napa County - Rescission of Site Cleanup Requirements [Mary Rose Cassa 622-2447, mrc@rb2.swrcb.ca.gov]
Adopted Order No. 01-117

Staff Summary Report
Tentative Order

Other Business

*H. Resolution in Support of Santa Clara Valley Water District's Request for Funding from the State Water Pollution Cleanup and Abatement Account for Dry Cleaner Study in Northern Santa Clara County - Adoption of Resolution [Anders Lundgren 622-2385, agl@rb2.swrcb.ca.gov] Adopted Res. No. 01-118

Staff Summary Report

*I. Resolution in Support of Santa Clara Valley Water District's Request for Funding from the State Water Pollution Cleanup and Abatement Account for Mercury Source Identification in the Guadalupe River Watershed - Adoption of Resolution [Khalil Abu-Saba 622-2382, abu@rb2.swrcb.ca.gov]
Continued to next Board Meeting

Staff Summary Report

Information Item Requiring No Board Action

*J. List of Notifications Received Pursuant to Section 13271 of the California Water Code and Notices to Comply Issued [Alexa La Plante 622-2319, stu42@rb2.swrcb.ca.gov]

Staff Summary Report
Appendix 1 of`1
Appendix 1of 2
Appendix 2 of 2

ENFORCEMENT

Administrative Civil Liability

6. Port of Oakland, Galbraith Dredged Disposal Site, Oakland, Alameda County - Hearing to Consider Imposition of Administrative Civil Liability for Violation of Waste Discharge Requirements and Discharge of Leachate to Surface Water [Richard Hiett 622-2359, rh@rb2.swrcb.ca.gov]
Adopted ACL No. 01-014

Staff Summary Report

NPDES PERMIT

7. Santa Clara Valley Urban Runoff Pollution Prevention Program, Santa Clara County - Amendment of Permit Provision on New Development Treatment Measures [Janet O'Hara 622-5681, jbo@rb2.swrcb.ca.gov]
Adopted Order No. 01-119

Tentative Order
Response to Comments
Response to Comments #2
Response to Comments September 6
October 13-November 13, 2000 Comments

WATER QUALITY CERTIFICATION

8. California Department of Transportation, San Francisco-Oakland Bay Bridge East Span Seismic Safety Project, Alameda and San Francisco Counties - Adoption of Clean Water Act Section 401 Water Quality Certification [Elizabeth Morrison 622-2330, emc@rb2.swrcb.ca.gov and Keith Lichten 622-2380, khl@swrcb.ca.gov]
Adopted Order No. 01-120

9. Correspondence

11:30 - 12:30 10. Closed Session - Litigation

(time certain) a. 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)]
b. The Board may meet in closed session to discuss the following pending litigation: Sonoma Valley County Sanitation District v. State Water Resources Control Board and California Water Quality Control Board, San Francisco Bay Region (Case No. 223659, Sonoma County Superior Court). [Authority: Government Code Section 11126(e)(2)(A)]

3:00 p.m 11. Adjournment to the next Board meeting - November 28, 2001

NOTES ON REGIONAL BOARD AGENDA

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 the item be removed from the Uncontested calendar and it will be taken up in the order indicated by the agenda. Adoption of enforcement items as uncontested will be deemed a waiver of the opportunity for a hearing.

Conduct of Board Meetings

Items are numbered for identification purposes only, and will not necessarily be considered in this order.

Some board members may attend the meeting by teleconference.

Regional 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 of voice line at 1-800-735-2922.

Materials presented to the 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 person for that agenda item in advance of the meeting.

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)]

Availability of Agenda Items

The staff reports and tentative orders or resolutions for all agenda items are available on the Regional Board's web site, one week before the Board Meeting. The site is at www.waterboards.ca.gov/sanfranciscobay.

Copies of individual agenda items may also be obtained at the Board's office after 9 am on the Friday preceding the Board Meeting. The staff member indicated on the agenda listing will assist in answering questions. The Board's office is at 1515 Clay St., Suite 1400, Oakland, CA 94612.

Petition of Regional Board Action

Any person adversely affected by a decision of the Regional Board may petition the State Water Resources Control Board to review the decision. The petition must be received by the State Board within 30 days of the Regional Board meeting at which the adverse action was taken.

Copies of the law and regulations applicable to filing petitions for appeal 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 Regional 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 Regional 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 Regional Board are prohibited from making a contribution of $250 or more to any Board Member for 3 months following a Regional Board decision on a permit application.

Water Quality Certification

Information regarding pending Section 401 Certification applications may be obtained from Regional Board staff at 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

Regional Board Members

Name
City of Residence
Appointment Category
John Muller, Chair
Half Moon Bay
Irrigated Agriculture
Clifford Waldeck, Vice Chair
Mill Valley
Municipal Government
Kristen Dowd Addicks
Stinson Beach
Recreation, Fish or Wildlife
Doreen Chiu
Fremont
Industrial Water Use
Josephine De Luca
Redwood City
Undesignated (Public)
Shalom Eliahu
Lafayette
Water Supply
William J. Schumacher
San Francisco
Water Quality
Mary C. Warren
Oakland
County Government
Vacancy
Water Quality

 

Regional Board Staff

Executive Officer
Assistant Executive Officers
Counsel to the Board
Loretta K. Barsamian
Lawrence P. Kolb
Sheryl Freeman
Stephen I. Morse
Dorothy Dickey
Executive Assistant
Public Assistance Officer
Mary E. Tryon
Wilfried K. Bruhns
Watershed Management Division
Groundwater Protection/Waste Containment Division
Toxics Cleanup Division
Bruce H. Wolfe, Chief
Curtis T. Scott, Chief
Stephen A. Hill, Chief
Susan F. Gladstone, Section Leader
Terry Seward, Acting Section Leader
John D. Wolfenden, Section Leader
Dale C. Bowyer, Section Leader
Dennis A. Mishek, Section Leader
John E. Kaiser, Section Leader
William B. Hurley, Section Leader
 
Anders G. Lundgren, Section Leader
Hossain Kazemi, Section Leader
Marcia Brockbank, Project Manager
Permits Division
Policy & Planning Division
Management Services Division
Shin-Roei Lee, Chief
Teng-Chung Wu, Chief
Olivia Hampton-Rice, Chief
Greg H. Walker, Section Leader
Ron C. Gervason, Section Leader
Lila W. Tang, Section Leader
TMDL Unit
Vacancy, Section Leader
Thomas Mumley, Section Leader

 

The primary responsibility of the Regional Board is to protect the quality of the surface water and groundwater within the Region for beneficial uses. This duty is carried out by formulating and adopting water quality plans for specific water bodies, by prescribing and enforcing requirements on domestic and industrial 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.

Regional meetings of the 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 monthly meeting is to provide the Board with testimony and information from concerned and affected parties and to make decisions after considering the evidence presented. A public forum is held at each regular meeting where any person may address the Board on any matter within the jurisdiction of the Board, but may not be related to any item on the agenda. 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 requested by staff. Verbal comments should only summarize the written material. New written testimony will not be entered into the record the day of the Board meeting.

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 Portale & Associates at (209) 462-3377.

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

San Francisco Bay Region

Summary of Board Actions Taken at the Regular Meeting

September 19, 2001

Enforcement Actions

Administrative Civil Liabilities

Adopted Order No. 01-104
Administrative Civil Liability for TXI/Pacific Custom Materials, Inc., Port Costa, Contra Costa County in the amount of $113,200 including $12,000 in staff costs.

Complaint No. 01-088
Administrative Civil Liability - pre 2000 violations - for City of Pacifica, Wastewater Treatment Plant, Pacifica, San Mateo County in the amount of $76,889, including $5,000 in staff costs. $71, 889 will be suspended upon completion of a supplemental environmental project.

 

Mandatory Minimum Penalties

Complaint No. 01-089
Mandatory Minimum Penalty for City of Pacifica, Wastewater Treatment Plant and Calera Creek Water Recycling Plant, Pacifica, San Mateo County in the amount of $132,000. $3,000 will be suspended upon completion of a supplemental environmental project.

Complaint No. 01-086
Mandatory Minimum Penalty for Cities of San Jose and Santa Clara, Wastewater Treatment Plant, San Jose, Santa Clara County in the amount of $3,000

Complaint No. 01-085
Mandatory Minimum Penalty for City of Sunnyvale, Wastewater Treatment Plant, Sunnyvale, Santa Clara County in the amount of $15,000. $3,000 will be suspended upon completion of a supplemental environmental project.

Complaint No. 01-076
Mandatory Minimum Penalty for FMC Corporation, Gate One Annex, 1125 Coleman Avenue, San Jose, Santa Clara County in the amount of $3,000. $3,000 will be suspended upon completion of a supplemental environmental project.

Complaint No. 01-056
Mandatory Minimum Penalty for City of Palo Alto, Regional Water Pollution Control Plant, Santa Clara County in the amount of $126,000

 

NPDES Permits

Adopted Order No. 01-100
Reissuance of NPDES General Permit No. CAG912002 for General Waste Discharge Requirements for Discharges of Extracted and Treated Groundwater Resulting from the Cleanup of Groundwater Polluted by Fuel Leaks and Other Related Wastes at Service Stations and Similar Sites

Adopted Order No. 01-105
Reissuance of NPDES Permit No. CA0038628 for Central Marin Sanitation Agency, San Rafael, Marin County

Adopted Order No. 01-106
Reissuance of NPDES Permit No. CA0037796 for City of Pinole, Pinole-Hercules Water Pollution Control Plant, Pinole, Contra Costa County

Adopted Order No. 01-107
Reissuance of NPDES Permit No. CA0037826 for Rodeo Sanitary District, Rodeo, Contra Costa County

Site Cleanup Requirements

Adopted Order No. 01-101
Adoption of Site Cleanup Requirements for Zeneca Inc., Meade Street Operable Unit, Subunit 1, Richmond, Contra Costa County

Adopted Order No. 01-102
Adoption of Site Cleanup Requirements for Zeneca Inc. and University of California - Berkeley, Meade Street Operable Unit, Subunit 2, Richmond, Contra Costa County

Adopted Order No. 01-108
Adoption of Final Site Cleanup Requirements for Velcon Filters, Inc., and Frank Hamedi, for the property at 1761 Junction Avenue, and Velcon Filters, Inc., Lucian W. Taylor and Jean B. Taylor, and Triad Tool and Engineering, Inc., for the properties at 1750 Rogers Avenue and 1759 Junction Avenue, San Jose, Santa Clara County

Other Business

Adopted Resolution No. 01-103
Adoption of Resolution Authorizing the Executive Officer to Enter into a Memorandum of Understanding with Interested Parties for Development of Water Quality Attainment Strategies including Total Maximum Daily Loads

Items Continued

Other Business
Resolution in Support of Santa Clara Valley Water District's Request for Funding from the State Water Pollution Cleanup and Abatement Account - Adoption of Resolution


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