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Agenda April 2003

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


April 16, 2003

9:00 a.m.

Elihu M. Harris Building
First Floor Auditorium
1515 Clay Street
Oakland, CA 94612

Approximate Time[1]

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 March 19, 2003 Board Meeting

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

Executive Officer's Report

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

NPDES Permit

*A. Novato Sanitary District, Novato, Marin County – Amendment of NPDES Permit [Ken Katen 622-2485, kk@rb2.swrcb.ca.gov]

Adopted Order No. R2-2003-0029
Transmittal letter
Final Transmittal Letter
Response to comments
Mailing list
Fact Sheet
Fact sheet tables
Feasibility Study letter
Notice of Public Hearing

Waste Discharge Requirements/Water Quality Certification

*B. Bel Marin Keys Community Services District, Dredged Material Rehandling/Disposal Site, Novato, Marin County – Adoption of Waste Discharge Requirements and Water Quality Certification [Beth Christian 622-2335, eac@rb2.swrcb.ca.gov]

Adopted Order No. R2-2003-0030
Staff Summary Report

*C. Chang Su-O Linn (aka Jennifer Lin), Hong Lien Lin (aka Frederic Lin), and Hong Yao Lin (aka Kevin Lin), Dublin Ranch Project, Dublin and Livermore, Alameda County – Adoption of Waste Discharge Requirements and Water Quality Certification [Keith H. Lichten 622-2380, khl@rb2.swrcb.ca.gov]

Adopted Order No. R2-2003-0031
Staff Summary Report
Response to Comments

Waste Discharge Requirements

*D. Chevron Land and Development Company – Hilltop West Project, Former Chevron San Pablo Tank Farm, Richmond, Contra Costa County – Updated Waste Discharge Requirements and Rescission of Order No. 91-125 [Alec Naugle 622-2510, awn@rb2.swrcb.ca.gov]

Adopted Order No. R2-2003-0032
Fig2 (pdf)
Fig3a (pdf)
Fig 3b (pdf)
Fig 4 (pdf)
Fig 5 (pdf)
SMP Tableb1 (xls)
Fig b1(pdf)

Other Business

*E. Emergency, Abandoned, Recalcitrant (EAR) Underground Storage Tank Account Nomination Request for: L & M Auto Service, 37810 Niles Boulevard, Fremont, Alameda County – Adoption of Resolution Supporting Nomination to State Water Resources Control Board’s EAR Account [Cherie McCaulou 622-2342, ccm@rb2.swrcb.ca.gov]

Adopted Order No. R2-2003-0033
Staff Summary Report

Information Item Requiring No Board Action

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

Staff Summary Report
Status Report


Mandatory Minimum Penalty

6. Hewlett-Packard Company, 640 Page Mill Road, Palo Alto, Santa Clara County – Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Farhad Azimzadeh 622-2310, fa@rb2.swrcb.ca.gov]

Staff Summary Report
Adopted R2- 2003-0017 Mandatory Minimum Penalty


7. Fairfield-Suisun Urban Runoff Management Program, Solano County – Reissuance of NPDES Permit to Discharge Stormwater Runoff from Municipalities [Stephen Berger 622-2345, slb@rb2.swrcb.ca.gov]

Adopted Order No. R2-2003-0034
Staff Summary Report
Response to comments
Fact sheet


8. Union Pacific Railroad Company, Daniel C. and Mary Lou Helix, Elizabeth Young, John V. Hook, Nancy Ellicock, Steven Pucell, and Contra Costa County Redevelopment Agency, for the property referred to as Hookston Station and located at 228 Hookston Road, Pleasant Hill, Contra Costa County – Adoption of Site Cleanup Requirements [Sampath Rangarajan 622-2381, sr@rb2.swrcb.ca.gov]

Adopted Order No. R2-2003-0035
Response to comments
Staff Summary Report


9. Stream and River Protection and Proposed Basin Plan Amendments – Status Report [Ann L. Riley 622-2420, alr@rb2.swrcb.ca.gov and Steve Moore 622-2439, smm@rb2.swrcb.ca.gov]

Staff Summary Report
Primer on Stream and River Protection for the Regulator and Program Manager: A Technical Reference Circular

10. Wetlands Development at former Hamilton Army Airfield, Novato, Marin County – Status Report [Curtis Scott 622-2414, cts@rb2.swrcb.ca.gov]

Staff Summary Report
Figure 1
Figure 2

11. Sediment TMDLs in the San Francisco Bay Region – Status Report [Mike Napolitano 622-2397, mbn@rb2.swrcb.ca.gov and Sandia Potter 622-2426, smp@rb2.swrcb.ca.gov]

Staff Report
Staff Summary Report
Table 2

12. Correspondence

13. Closed Session – Personnel

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

14. Closed Session – Litigation

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)].

11:30 – 12:30 p.m. b. The Board may meet in closed session to discuss Napa Sanitation District et

(time certain) 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)].

c. The Board may meet in closed session to discuss Bay Area Clean Water Agencies and East Bay Municipal Utility District v. State Water Resources Control Board and California Regional Water Quality Control Board for the San Francisco Bay Region [Authority: Government Code Section 11126(e)(2)(A)].

2:00 p.m. 15. Adjournment to the next Board meeting – May 21, 2003


[1] The “approximate time” indicated is an estimate of the time when the agenda matter 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. (Discussion of litigation in closed session is time-certain.)




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.


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

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
Industrial Water Use
Josephine De Luca
Redwood City
Undesignated (Public)
Shalom Eliahu
Water Supply
William J. Schumacher
San Francisco
Water Quality
Mary C. Warren
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, 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, Section Leader
Olivia Hampton-Rice, Chief
Greg H. Walker, Section Leader
Lila W. Tang, Section Leader
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.

San Francisco Bay Region

Summary of Board Actions Taken at the Regular Meeting
February 19, 2003

Enforcement Action

Administrative Civil Liability

Complaint No. R2-2003-0003 Administrative Civil Liability for Diablo Foreign, 580 W. 10th Street, Pittsburg, Contra Costa County in the amount of $7,000. $5,600 will be used for a supplemental environmental project. $1,000 will be used to recover staff costs.

Mandatory Minimum Penalties

Complaint No. R2-2003-0013 Mandatory Minimum Penalty for SMI Holding LLC, 10950 North Tantau Avenue, Cupertino, Santa Clara County in the amount of $24,000

Complaint No. R2-2002-0120 Mandatory Minimum Penalty for City of San Mateo Wastewater Treatment Plant, San Mateo, San Mateo County in the amount of $39,000. $27,000 will be used for a supplemental environmental project.

Complaint No. R2-2002-0048 Mandatory Minimum Penalty for West County Agency, West County Wastewater District and City of Richmond Municipal Sewer District, Richmond, Contra Costa County in the amount of $180,000. $97,500 will be used for a supplemental environmental project.

NPDES Permit

Adopted Order No. R2-2003-0026 Rescission of NPDES Permit for IT Corporation, Panoche Class I Disposal Site, Benicia, Solano County

Other Business

Directed Executive Officer

To Sign MOU Memorandum of Understanding between the Santa Clara Valley Water District and the Regional Board Regarding Development of a Mercury TMDL for the Guadalupe River Watershed

Information - Overview Overview of Proposed Basin Plan Amendment to Update Water Quality Objectives and NPDES Implementation Provisions

Information Items

Information Only Case Closure Status Report for LUST Cleanup Program

Information Only Status Report on Cargill Salt Ponds Purchase, Initial Stewardship and Permitting, and Restoration Planning Process – South Bay and North Bay

Information Only Status Report on State’s General NPDES Permit for Discharges of Stormwater Associated with Industrial Activities and Annual Monitoring Reports Required by the General Permit

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