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Agenda October 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

October 16, 2002
9:00 a.m.

Elihu M. Harris 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 September 18, 2002 Board Meeting

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

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

NPDES Permits

*A. Caterpillar, Inc., Groundwater Treatment Facilities at Grover Cleveland Park (south end of O'Donnell Avenue) in San Leandro and at 359 105th Avenue in Oakland, Alameda County - Rescission of NPDES Permits [Farhad Azimzadeh 622-2310, fa@rb2.swrcb.ca.gov]

Adopted Order No. R2-2002-0102
Staff Summary Report

Site Cleanup Requirements

*B. Universal Propulsion Company, Inc., Goodrich Corporation, OEA Aerospace, Inc., Autoliv, Inc., and United States Department of the Air Force, for the property located at 3530 Branscombe Road, Fairfield, Solano County - Adoption of Final Site Cleanup Requirements [Mary Rose Cassa 622-2447, mrc@rb2.swrcb.ca.gov]

Adopted Order No. R2-2002-0103
Staff Summary Report

*C. Benjamin Moore & Co., Technical Coatings Co., and the Hertz Corporation, for the property located at 1000 Walsh Avenue, Santa Clara, Santa Clara County - Adoption of Final Site Cleanup Requirements [Vince Christian 622-2336, vac@rb2.swrcb.ca.gov]

Adopted Order No. R2-2002-0104
Staff Summary Report
SMP

*D. Signature at Durant Square, LLC, and General Motors Corporation, for the property located at 10970 International Boulevard, Oakland, Alameda County - Adoption of Final Site Cleanup Requirements [Roger Brewer 622-2374, rdb@rb2.swrcb.ca.gov]

Staff Summary Report

*E. U.S. Department of the Navy and Lennar Mare Island, LLC, for the Former Mare Island Naval Shipyard, Vallejo, Solano County - Adoption of Revised Site Cleanup Requirements and Rescission of Order No. 00-132 [Gary J. Riley 622-2462, gjr@rb2.swrcb.ca.gov]

Adopted Order No. R2-2002-0105
Staff Summary Report

Other Business

*F. Authorizing the Executive Officer to Enter Into an Agreement for Mutual Release and Covenant Not to Sue with Mer Soleil, LLC, for the Former Villa Cleaners Site, 36565 Newark Boulevard, Newark, Alameda County - Adoption of Resolution [Roger Brewer 622-2374, rdb@rb2.swrcb.ca.gov]

Adopted Resolution No. R2-2002-0106
Staff Summary Report

*G. Resolution in Support of Port of San Francisco and San Francisco Public Utilities Commission Request for Funding from the State Water Pollution Cleanup and Abatement Account for Islais Creek - Adoption of Resolution [Steve Moore 622-2439, smm@rb2.swrcb.ca.gov]

Adopted Resolution No. R2-2002-0107
Staff Summary Report

*H. Resolution Requesting Additional Funding from the State Water Pollution Cleanup and Abatement Account for Gambonini Mine Cleanup, Marin County - Adoption of Resolution [Dyan Whyte 622-2441, dcw@rb2.swrcb.ca.gov]

Adopted Resolution No. R2-2002-0108
Staff Summary Report

*I. Resolution in Support of Solano County Department of Environmental Management Request for Funding from the State Water Pollution Cleanup and Abatement Account - Adoption of Resolution [Mary Rose Cassa 622-2447, mrc@rb2.swrcb.ca.gov]

Adopted Resolution No. R2-2002-0109
Staff Summary Report
DEM cover letter
Grant proposal
DEM fund application

*J. Resolution in Support of East Bay Municipal Utility District Request for Funding from the State Water Pollution Cleanup and Abatement Account - Adoption of Resolution [Shin-Roei Lee 622-2376, srl@rb2.swrcb.ca.gov]

Adopted Resolution No. R2-2002-0110
Staff Summary Report
Application

Information Item Requiring No Board Action

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

Staff Summary Report
Case closure status report

ENFORCEMENT

Administrative Civil Liability

6. Misawa Homes (USA), Inc., Hiddenbrooke Premier Golf and Clubhouse, Vallejo, Solano County - Hearing to Consider Imposition of Administrative Civil Liability or Referral to the Attorney General for Discharge of Sulfur Dioxide to Waters of the State [Gayleen Perreira 622-2407, gp@rb2.swrcb.ca.gov]

Adopted ACL No. R2-2002-0051
Staff Summary Report

NPDES PERMITS

7. Napa Sanitation District, Napa, Napa County - Amendment of NPDES Permit [Tong Yin 622-1008, ty@rb2.swrcb.ca.gov]

Adopted Order No. R2-2002-0111
Public Notice
Transmittal Letter
Comments
Response to comments
Antidegradation Analysis supplemental
Antidegradation Analysis
Attachment A
Attachment B
Attachment C
Attachment D1
Attachment D2
Attachment E&F
NSD feasibility study
Infeasibility Study supplemental

8. Valero Refining Company - California, Benicia Refinery, Benicia, Solano County - Reissuance of NPDES Permit [Robert Schlipf 622-2478, rs@rb2.swrcb.ca.gov]

Adopted Order No. R2-2002-0112
Valero Public Notice
Valero Attachment 6
Valero Fact Sheet
Valero Fact Sheet Attach 2-5
Valero Attachment 1
Valero Maximum Daily Limits Table
Staff Summary Report
Response to Comments

OTHER BUSINESS

9. Resolutions (A) To Adopt the Mitigated Negative Declaration and (B) To Approve the Remedial Design Report for the Rhodia Inc., Peyton Slough Remediation Project, Martinez, Contra Costa County - Adoption of Resolutions [Priya Ganguli 622-2427, pg@rb2.swrcb.ca.gov]

Adopted Resolution No. R2-2002-0113
Adopted Resolution No. R2-2002-0114
Staff Summary Report
MND
Response to Comments
MMRP Table
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F

10. Rhodia Inc., Peyton Slough Remediation Project, Martinez, Contra Costa County - Adoption of Clean Water Act Section 401 Water Quality Certification [Tina Low 622-5682, tjl@rb2.swrcb.ca.gov]

Adopted Order No. R2-2002-0115
Staff Report
Table 1
Table 2
Staff Summary Report
Executive Summary for the RDR

11. Status Report on Total Maximum Daily Load for PCBs in San Francisco Bay - [Fred Hetzel 622-2357, fh@rb2.swrcb.ca.gov]

Staff Summary Report

12. Update on New Development Treatment Measures and Their Implementation - Information Item, No Action Required [Keith Lichten 622-2380, khl@rb2.swrcb.ca.gov and Janet O'Hara 622-5681, jbo@rb2.swrcb.ca.gov]

Staff Summary Report

13. Correspondence

14. Closed Session - Personnel
The Board may meet in closed session to discuss personnel matters. [Authority: Government Code Section 11126(a)]

11:30 a.m. -
12:30 p.m. 15. 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 Napa Sanitation District et al. v. State Water Resources Control Board and California Regional Water Quality Control Board, San Francisco Bay Region. [Authority: Government Code Section (11126(e)(2)(A)]

3:00 p.m. 16. Adjournment to the next Board meeting - November 20, 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
John E. Kaiser, Section Leader
Anders G. Lundgren, Section Leader
South Bay Watershed Management Division
 
Chuck Headlee, Acting Section Leader
Bruce Wolfe, Chief
Greg W. Bartow, Section Leader
   
Dale C. Bowyer, 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
September 18, 2002


Enforcement Actions

Cleanup and Abatement Order

Complaint No. R2-2002-0087 Rescission of Cleanup and Abatement Order No. 93-95 for Southampton Company, Citizens Savings and Loan Association, Alma Associates, and Granite Management Corporation, for the North Canyon and Blake Court Landfill, Former Solano County Sanitary Landfill, Benicia, Solano County

Administrative Civil Liability

Complaint No. R2-2002-0050 Administrative Civil Liability for Alpine Road Winery, LLC, La Honda, San Mateo County in the amount of $18,000, including $10,000 to be used for a supplemental environmental project

Mandatory Minimum Penalties

Complaint No. R2-2002-0029 Mandatory Minimum Penalty for California Department of Parks and Recreation, Angel Island State Park, Marin County in the amount of $33,000, including $3,000 to be used for a supplemental environmental project

Complaint No. R2-2002-0075 Mandatory Minimum Penalty for City and County of San Francisco, San Francisco International Airport, Water Quality Control Plant, San Mateo County in the amount of $27,000, including $3,000 to be used for a supplemental environmental project

NPDES Permits

Adopted Order No. R2-2002-0088 Amendment of NPDES Permit No. CA0038776 for City of Pacifica, Calera Creek Water Recycling Plant, San Mateo County

Adopted Order No. R2-2002-0096 Amendment of NPDES Permit No. CA0038768 for City of American Canyon, Wastewater Treatment Plant, Napa County

Adopted Order No. R2-2002-0097 Reissuance of NPDES Permit No. CA0037753 for Marin County Sanitary District No. 5, Tiburon Treatment Plant, Tiburon, Marin County


Waste Discharge Requirements/
Water Quality Certification

Adopted Order No. R2-2002-0089 New Waste Discharge Requirements and Section 401 Water Quality Certification for Santa Clara Valley Water District, Lower Guadalupe River Flood Protection Project, Cities of San Jose and Santa Clara, Santa Clara County

Waste Discharge Requirements

Adopted Order No. R2-2002-0090 Rescission of Waste Discharge Requirements Order No. 87-7 for Southampton Company, Citizens Savings and Loan Association, Alma Associates, and Granite Management Corporation, for the North Canyon and Blake Court Landfill, Former Solano County Sanitary Landfill, Benicia, Solano County

Site Cleanup Requirements

Adopted Order No. R2-2002-0091 New Site Cleanup Requirements for U.S. Army Corps of Engineers, for the property located adjacent to 2241 Clement Avenue, Alameda, Alameda County

Adopted Order No. R2-2002-0092 Final Site Cleanup Requirements for Beaver Lumber Company, Winkel Properties, LLC, and Allen K. Ream (as Trustee of the Milton P. Ream Trust #4), for the property located at 535 Reed Street, Santa Clara, Santa Clara County

Other Business

Adopted Resolution No. R2-2002-0093 Resolution in Support of California Department of Health Services Request for Funding from the State Water Pollution Cleanup and Abatement Account

Adopted Resolution No. R2-2002-0094 Resolution in Support of Santa Clara Valley Water District Request for Funding from the State Water Pollution Cleanup and Abatement Account for Cleanup and Abatement of Mercury in Guadalupe River Watershed

Adopted Resolution No. R2-2002-0095 Resolution in Support of Two Proposals from Marin County for Funding from the State Water Pollution Cleanup and Abatement Account

Information Items

Information Only Status Report on Total Maximum Daily Load (TMDL) Program

Information Only Status Report on TMDL for Diazinon and Pesticide-Related Toxicity in San Francisco Bay Area Urban Creeks
Item Continued

Enforcement -
Mandatory Minimum Penalty Romic Environmental Technologies Corporation, 2081 Bay Road, East Palo Alto, San Mateo County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State

 

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