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Agenda December 2003

California Regional Water Quality Control Board
San Francisco Bay Region
1515 Clay Street, Suite 1400
Oakland, California 94612
Phone (510) 622-2300 FAX (510) 622-2460


AGENDA

December 3, 2003
Approximate Time1 9:00 a.m.


1. Roll Call and Introductions

2. Appointment of Nominating Committee for 2004 Chair and Vice-Chair

3. Consideration of 2004 Board Meeting Schedule

Staff Summary Report
Schedule of 2004 Board Meetings

4. Public Forum
Any person may address the Water Board during the Public Forum 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.

5. Minutes of the October 15, 2003 Board Meeting

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

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

NPDES Permits

*A. Cargill Salt, Newark, Alameda County - Rescission of NPDES Permit [Daniel Leva 622-2415, dkl@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0106
Staff Summary Report

*B. Landfill 26, Hamilton Army Airfield, Marin County - Rescission of NPDES Permit [Tamina Spurney 622-2300, stu18@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0107
Staff Summary Report
Transmittal letter

*C. Las Gallinas Valley Sanitary District, Marin County - Reissuance of NPDES Permit [Gina Kathuria 622-2378, gk@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0108
Transmittal Memo
Fact sheet
Attachments 1-4 (xls)
Attachment 5
Attachment 6
SMP

*D. Sausalito-Marin City Sanitary District, Marin County - Amendment of NPDES Permit [Ann Powell 622-2474, amp@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0109
Staff Summary Report

Waste Discharge Requirements

*E. IT Vine Hill Complex, Class I Hazardous Waste Management Facility, Contra Costa County - Adoption of Revised Waste Discharge Requirements [Thomas Butler 622-2309, twb@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0110 (pdf)
Staff Summary Report

*F. U.S. Army Corps of Engineers, San Francisco Bay Maintenance Dredging Program, 2004 through 2006 - Updated Waste Discharge Requirements and Rescission of Order No. R2-2002-022 [Beth Christian 622-2335, eac@swrcb.ca.gov]

Adopted Order No. r2-2003-0111
Staff Summary Report

Waste Discharge Requirements/ Water Quality Certification

*G. LBL - DUC Rancho Solano II LLC, Rancho Solano Phase 3 Development Project, Fairfield, Solano County - Adoption of New Waste Discharge Requirements and Section 401 Water Quality Certification [Keyvan Moghbel 622-2391, km@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0112
Staff Summary Report
Transmittal letter

Site Cleanup Requirements

*H. Micrel, Inc., Siemens Microelectronics, Inc., and Pastoria Limited Partnership, for the property located at 639 North Pastoria Avenue, Sunnyvale, Santa Clara County - Adoption of Final Site Cleanup Requirements [David Barr 622-2313, dib@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0113
Staff Summary Report

Information Item Requiring No Board Action

*I. LUST Cleanup Program - Case Closure Status Report [Donald Trembley 622-2350, dt@rb2.swrcb.ca.gov]

Staff Summary Report
Case Closure Report

ENFORCEMENT

Mandatory Minimum Penalties
8. GTE Operations Support, Inc., 100 Ferguson Drive, Mountain View, Santa Clara County - Hearing to Consider Imposition of Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Farhad Azimzadeh 622-2310, fa@rb2.swrcb.ca.gov]

Adopted MMP r2-2003-0084
Staff Summary Report (pdf)
Appendix A (pdf)
Appendix B (pdf)

9. General Chemical Corporation, Wastewater Treatment Plant, Pittsburg, Contra Costa County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Alan Friedman 622-2347, adf@rb2.swrcb.ca.gov]

Adopted MMP r2-2003-0081
Staff Summary Report
MMP

NPDES PERMIT

10. Delta Diablo Sanitation District, Antioch, Contra Costa County - Reissuance of NPDES Permit [Gayleen Perreira 622-2407, gp@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0114
Staff Summary Report
Transmittal letter
SMP
Infeasibility Analyses
Attachment E
Fact Sheet
Response to comments
RPA (xls)
Waterkeepers comment (pdf)
Comment letter
Bay Area Clean Water Agencies comment (pdf)

WASTE DISCHARGE REQUIREMENTS/
WATER QUALITY CERTIFICATION

11. Santa Clara Valley Water District and U.S. Army Corps of Engineers, Upper Guadalupe River Flood Control Project, San Jose, Santa Clara County - Adoption of New Waste Discharge Requirements and Section 401 Water Quality Certification [Paul Amato 622-2429, pa@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0115
Staff Summary Report
Staff Report
Response to Comments
Transmittal letter
Appendix A (zip)
Appendix B
Appendix C
Appendix D
Appendix E (zip)
Appendix F Mitigation and Monitoring Plan Table
Final MMP

12. Montanera Project in Gateway Valley, Orinda Gateway, LLC (d.b.a. Montanera LLC), Orinda, Contra Costa County - Workshop and Public Hearing on Application for New Waste Discharge Requirements and Section 401 Water Quality Certification, Information Item Only (The Board will not vote on the application at the workshop. Additional testimony and Board action will be taken at a subsequent meeting.) [Elizabeth Morrison 622-2330, emc@rb2.swrcb.ca.gov]

Staff Summary Report
Staff Report

OTHER BUSINESS

13. South Bay Salt Ponds Restoration - Status Report [Steve Moore 622-2439 smm@rb2.swrcb.ca.gov] (Continued to next Board meeting)

Staff Summary Report

14. Correspondence

15. Closed Session - Personnel
The Board may meet in closed session to discuss personnel matters. [Authority: Government Code Section 11126(a)]. 16. 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 San Francisco BayKeeper, a
time certain Project of WaterKeepers Northern California v. SFRWQCB, Contra Costa Clean Water Program, San Mateo Clean Water Program, et al. (San Francisco Superior Court Consolidated Case No. 500527) [Authority: Government Code Section 11126(e)(2)(A)].

2:00 p.m. 17. Adjournment to the next Board meeting - January 21, 2004
       
   
  -------------------------------------------------------------------------------- [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.)
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 http://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 by calling 622-2300.

Administrative Civil Liabilities and Mandatory Minimum Penalties A discharger may waive its right to a hearing on an agenda item for an ACL or MMP. If there is a waiver, no hearing will be held unless new, substantial information is made available that was not considered during the public comment period.  

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
Bruce H. Wolfe
Lawrence P. Kolb
Yuri Won
Stephen I. Morse
Dorothy Dickey
Executive Assistant
Public Assistance Officer
Mary E. Tryon
vacancy
North Bay Watershed Management Division
Groundwater Protection/Waste Containment Division
Toxics Cleanup Division
Wilfried Bruhns, 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
vacancy, Chief
Keyvan Moghbel, Section Leader
   
Dale C. Bowyer, Section Leader
   
Marcia Brockbank, Project Manager
Permits Division
Planning and TMDL Division
Management Services Division
Shin-Roei Lee, Chief
Thomas Mumley, Chief
Olivia Hampton-Rice, Chief
Greg H. Walker, Section Leader
Steve Moore, Section Leader
Lila W. Tang, Section Leader
Dyan Whyte, Acting Section Leader
Gina Kathuria, 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

October 15, 2003
Enforcement Action

Mandatory Minimum Penalties

Adopted Order Number R2-2003-0092 Adoption of Mandatory Minimum Penalty for Napa Sanitation District, Wastewater Treatment Plant, Napa County in the amount of $147,000 Complaint Number R2-2003-0066 Mandatory Minimum Penalty for East Bay Municipal Utility District, San Pablo Water Treatment Plant, Contra Costa County in the amount of $3,000. $3,000 will be used for a supplemental environmental project.

Complaint Number R2-2003-0068 Mandatory Minimum Penalty for East Bay Municipal Utility District, Sobrante Water Treatment Plant, Contra Costa County in the amount of $9,000. $9,000 will be used for a supplemental environmental project.

Complaint Number R2-2003-0067 Mandatory Minimum Penalty for East Bay Municipal Utility District, Walnut Creek Water Treatment Plant, Contra Costa County in the amount of $6,000. $6000 will be used for a supplemental environmental project.

Complaint Number R2-2003-0069 Mandatory Minimum Penalty for East Bay Municipal Utility District, Lafayette Water Treatment Plant, Contra Costa County in the amount of $6,000. $6,000 will be used for a supplemental environmental project.

NPDES Permits

Adopted Order No. R2-2003-0089 Rescission of NPDES Permit for Vulcan Materials Company, Pleasanton, Alameda County

Adopted Order No. R2-2003-0090 Rescission of NPDES Permit for Mission Valley Rock, Sunol Site, Pleasanton, Alameda County

Waste Discharge Requirements

Adopted Order No. R2-2003-0093 Adoption of General Waste Discharge Requirements for Confined Animal Facilities

Adopted Resolution No. R2-2003-0094 Adoption of Resolution Renewing Waiver of Waste Discharge Requirements for Confined Animal Facilities

Site Cleanup Requirements

Adopted Order No. R2-2003-0091 Rescission of Site Cleanup Requirements for Ampex Corporation, 728 San Aleso Avenue, Sunnyvale, Santa Clara County

Other Business

Adopted Resolution No. R2-2003-0095 Adoption of Resolution in Support of Collaboration between the Regional Board and Bay Area Clean Water Agencies to Report and Manage Sanitary Sewer Overflows

Adopted Resolution No. R2-2003-0096 Adoption of Resolution in Support of Collaboration between the Regional Board and Bay Area Clean Water Agencies on Pollution Prevention Program Development and Excellence

Notice of Intent to Approve Alternative Group 2 Project Definition Notice of Intent to Approve Alternative Group 2 Project Definition for Santa Clara Valley Urban Runoff Pollution Prevention Program, Santa Clara County

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