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Agenda May 2002



California Regional Water Quality Control Board

San Francisco Bay Region

Internet Address: http://www.waterboards.ca.gov/sanfranciscobay

1515 Clay Street, Suite 1400, Oakland, California 94612

Phone (510) 622-2300  FAX (510) 622-2460

AGENDA

May 22, 2002

9:00 a.m.

Elihu M.Harris State Building

First Floor Auditorium

1515 Clay Street

Oakland, CA 94612

Approximate Time

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

2. Public Forum

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 April 17, 2002, Board Meeting April 17, 2002 Minutes as Supplemented

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

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

Site Cleanup Requirements

*A. Eaton Corporation, Philips Semiconductors, Inc., John D. Stoddard Trust, and Limar Realty Corp. #27, for the property located at 680 West Maude Avenue, Sunnyvale, Santa Clara County – Adoption of Final Site Cleanup Requirements [David Barr 622-2313, dib@rb2.swrcb.ca.gov]

Adopted Order No. R2 2002-0058
Staff Summary Report (Word File)

*B. Solvent Services Company, Arthur G. Maionchi, Edward A. Maionchi, Thomas S. Dinette, Charles J. Kraft, James R. Davis, Priscilla G. Davis, and the Davis Revocable Trust, for the property located at 1470 Industrial Avenue, San Jose, Santa Clara County – Adoption of Final Site Cleanup Requirements [Vince Christian 622-2336, vac@rb2.swrcb.ca.gov]

Adopted Order No. R2-2002-0059

*C. FMC Corporation, for the property located at 8787 Enterprise Drive, Newark, Alameda County – Adoption of Final Site Cleanup Requirements [Cherie McCaulou 622-2342, ccm@rb2.swrcb.ca.gov]

Adopted Order No. R2-2002-0060
Staff Summary Report (Word File)
Tentative Order (Word File)
Response to Comments (Word File)

Information Item Requiring No Board Action

*D. LUST Cleanup Program – Case Closure Status Report [Radmila Moudry 622-2350, rm@rb2.swrcb.ca.gov]

Staff Summary Report
Status Report

PLANNING

6. Proposed Amendments to the Water Quality Control Plan (Basin Plan) for San Francisco Bay to Establish Site-Specific Water Quality Objectives and Water Quality Attainment Strategies for Copper and Nickel in South San Francisco Bay, South of the Dumbarton Bridge – Hearing to Consider Adoption of Proposed Amendments [Richard Looker 622-2451, rel@rb2.swrcb.ca.gov]

Adopted Resolution No. R2-2002-0061
Staff Summary Report
Public Notice and Staff Report
Response to Comments
CEQA Checklist (pdf)

ENFORCEMENT

Administrative Civil Liability

7. C & H Sugar Company, Crockett, Contra Costa County – Hearing to Consider Imposition of Administrative Civil Liability or Referral to the Attorney General for Pre-January 2000 Violations of NPDES Permit Resulting in the Discharge of Partially Treated Wastewater to Waters of the State [Eddy So 622-2418, es@rb2.swrcb.ca.gov]

Administrative Civil Liability Cover Letter
Adopted Administrative Civil Liability R2-2002-0016
Staff Analysis & Recommendations
C&H ACL response
Attachment A
Staff Summary Report (Word File)

Mandatory Minimum Penalties

8. C & H Sugar Company, Crockett, Contra Costa County – Hearing to Consider Mandatory Minimum Penalty for Post-January 2000 Violations of NPDES Permit Resulting in the Discharge of Partially Treated Wastewater to Waters of the State [Eddy So 622-2418, es@rb2.swrcb.ca.gov]

Mandatory Minimum Penalty Cover Letter File)
Adopted Mandatory Minimum Penalty R2-2002-0005
Staff Summary Report
(Word File)

9. Hanson Aggregates, Mid-Pacific Inc., San Francisco Sand Yard, Pleasanton, Alameda County – Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Joseph Ernest 622-2456, je@rb2.swrcb.ca.gov]

Mandatory Minimum Penalty Cover Letter
Adopted Mandatory Minimum Penalty r2-2002-0034

10. City and County of San Francisco, Southeast Water Pollution Control Plant, City and County of San Francisco – Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Joseph Ernest 622-2456, je@rb2.swrcb.ca.gov]

Mandatory Minimum Penalty Cover Letter
Adopted Mandatory Minimum Penalty r2-2002-0030

OTHER BUSINESS

11. Status Report on Alameda Countywide Clean Water Program and its 2000-2001 Annual Report – [Myriam Zech 622-5684, mlz@rb2.swrcb.ca.gov]

Staff Summary Report
Staff Report

12. Update on Peer Review of Technical Reports Produced for the San Francisco International Airport Runway Reconfiguration Project – Information Item, No Action Required [Lee Halterman, San Francisco International Airport]

Staff Summary Report

13. Correspondence

11:30 – 12:30 14. 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 will meet in closed session to discuss the following pending litigation: City of Pleasanton v. State Water Resources Control Board, San Francisco Bay Regional Water Quality Control Board et al. and Alameda County Flood Control and Water Conservation District, Zone 7 v. State Water Resources Control Board, San Francisco Bay Regional Water Quality Control Board et al. The cases are consolidated as Case No. 325166, San Francisco Superior Court. [Authority: Government Code Section 11126(e)(2)(A)].

3:00 p.m 15. Adjournment to the next Board meeting – June 19, 2002

 

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 Elisa Gill at 622-2415.

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
John H. Reininga
San Francisco
Water Quality

 

Regional Board Staff

Executive Officer
Assistant Executive Officers
Counsel to the Board
Loretta K. Barsamian
Lawrence P. Kolb
Yuri Won
Stephen I. Morse
Dorothy Dickey
Executive Assistant
Public Assistance Officer
Mary E. Tryon
Wilfried K. Bruhns
North Bay Watershed Management Division
Groundwater Protection/Waste Containment Division
Toxics Cleanup Division
Ron Gervason, 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
Dennis A. Mishek, Section Leader
John E. Kaiser, Section Leader
South Bay Watershed Management Division
 
Anders G. Lundgren, Section Leader
Bruce Wolfe, Chief
Greg W. Bartow, Section Leader
Marcia Brockbank, Project Manager
Permits Division
Policy & Planning Division
Management Services Division
Shin-Roei Lee, Chief
Steve Moore, Acting Section Leader
Olivia Hampton-Rice, Chief
Greg H. Walker, Section Leader
Lila W. Tang, Section Leader
TMDL Unit
Gina Kathuria, 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 California Shorthand Reporting at (415) 457-4417.

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

San Francisco Bay Region

Summary of Board Actions Taken at the Regular Meeting

April 17, 2002

Enforcement Actions

Administrative Civil Liabilities

Adopted Order R2-2002-0055 Adopted Administrative Civil Liability for Mr. Kelly Engineer and All Star Service, Inc., 1791 Pine Street, Concord, Contra Costa County in the amount of $36,800, including $3,500 in staff costs

Adopted Order R2-2002-0056 Adopted Administrative Civil Liability for Mrs. Perrin Engineer and All Star Service, Inc., 1791 Pine Street, Concord, Contra Costa County in the amount of $16,350, including $2,400 in staff costs

Mandatory Minimum Penalties

Complaint No. R2-2002-0032 Mandatory Minimum Penalty for Central Marin Sanitation Agency, Wastewater Treatment Plant, San Rafael, Marin County in the amount of $15,000, including $3,000 to be used for a supplemental environmental project

Complaint No. R2-2002-0021 Mandatory Minimum Penalty for City of Palo Alto, Water Quality Control Plant, Palo Alto, Santa Clara County in the amount of $12,000, including $3,000 to be used for a supplemental environmental project

Site Cleanup Requirements

Adopted Order No. R2-2002-0053 Adoption of Final Site Cleanup Requirements for Intel Corporation, for the property located at 250 North Mines Road, Livermore, Alameda County

Other Business

Adopted Resolution No. R2-2002-0054 Resolution Supporting Nomination to the State Water Resources Control Board’s Emergency, Abandoned, and Recalcitrant Underground Storage Tank Account for L & M Auto Service, 37810 Niles Boulevard, Fremont, Alameda County

Information Only Status Report - Overview of Proposed Basin Plan Amendment to Establish Site-Specific Water Quality Objectives and Water Quality Attainment Strategies for Copper and Nickel in South San Francisco Bay, South of the Dumbarton Bridge

Information Only Report on Restoration Program of Lake Merced, City and County of San Francisco

Information Only Status Report on Contra Costa Clean Water Program and its 2000-2001 Annual Report

 





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