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Agenda June 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

AGENDA

June 18, 2003

9:00 a.m.

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

NOTE: Since noticing of the original agenda, there is a probability of recommending continuance of items #6, 8, 9, 10, and 11



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 May 21, 2003 Board Meeting

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

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

NPDES Permits

*A. Bottling Group, LLC, Hayward, Alameda County - Reissuance of NPDES Permit [Daniel Leva 622-2415, dkl@rb2.swrcb.ca.gov]

Adopted R2-2003-0051
Staff Summary Report
Transmittal Letter
Fact Sheet
Attachment A (pdf)
Attachment B (pdf)
Attachment 5
Fact Sheet Attachments (xls)
Public Notice

*B. General Electric Company, Vallecitos Nuclear Center, Pleasanton, Alameda County - Reissuance of NPDES Permit [Robert Schlipf 622-2478, rs@rb2.swrcb.ca.gov]

Adopted R2-2003-0052
Staff Summary Report
Response to Comments
Transmittal Letter
Draft RPA
Attachment A
Attachment B
Notice of Application and Public Hearing
Fact Sheet
Attachment 1 & 2 (xls)

*C. Helitek Company, Hayward, Alameda County - Rescission of NPDES Permit [Daniel Leva 622-2415, dkl@rb2.swrcb.ca.gov]

Adopted R2-2003-0053
Staff Summary Report

Waste Discharge Requirements

*D. Richmond Redevelopment Agency, California Department of Transportation - I-580 Freeway Embankment Class II Waste Management Unit, Richmond, Contra Costa County - Rescission of Waste Discharge Requirements Order No. 90-028 [Alec Naugle 622-2510, awn@rb2.swrcb.ca.gov]

Adopted R2-2003-0054
Figure 1 (pdf)
Figure 2 (pdf)

*E. City and County of San Francisco and San Francisco Port Commission - Updated Waste Discharge Requirements for Pier 94 Class III Landfill [Cecilio Felix 622-2343, csf@rb2.swrcb.ca.gov]

Adopted R2-2003-0055
Staff Summary Report

Site Cleanup Requirements

*F. National Semiconductor Corporation, United Technologies Corporation, and Hewlett-Packard, for Subunit 1 of Operable Unit 1, in the Cities of Santa Clara and Sunnyvale, Santa Clara County - Amendment of Site Cleanup Requirements [Keith Roberson 622-2404, ker@rb2.swrcb.ca.gov]

Transmittal letter
Adopted R2-2003-0056
Staff Summary Report
CEQA exemption

*G. Advanced Micro Devices, National Semiconductor Corporation, United Technologies Corporation, and Hewlett-Packard, for Subunit 2 of Operable Unit 1, in the Cities of Santa Clara and Sunnyvale, Santa Clara County - Amendment of Site Cleanup Requirements [Keith Roberson 622-2404, ker@rb2.swrcb.ca.gov]

Transmittal letter
Adopted R2-2003-0057
Staff Summary Report
CEQA exemption

*H. National Semiconductor Corporation, Advanced Micro Devices, United Technologies Corporation, and Hewlett-Packard, for Subunit 3 of Operable Unit 1, in the Cities of Santa Clara and Sunnyvale, Santa Clara County - Amendment of Site Cleanup Requirements [Keith Roberson 622-2404, ker@rb2.swrcb.ca.gov]

Transmittal letter
Adopted R2-2003-0058
Staff Summary Report
CEQA exemption

*I. Chevron U.S.A. Products Company, for the property located at 1603 Broadway, Redwood City, San Mateo County - Rescission of Site Cleanup Requirements [Nancy Katyl 622-2408, nk@rb2.swrcb.ca.gov]

Adopted R2-2003-0059
Staff Summary Report
Tentative Order

*J. Hexcel Corporation, for the property located at Contractor's Street, Livermore, Alameda County - Amendment of Site Cleanup Requirements [Mark Johnson 622-2493, mej@rb2.swrcb.ca.gov]

Transmittal letter
Adopted R2-2003-0060
Staff Summary Report

*K. Varian Associates and Peery/Arrillaga 1976 Children's Trust, for the property located at 3100 Jay Street, Santa Clara, Santa Clara County - Rescission of Site Cleanup Requirements [Vince Christian 622-2336, vac@rb2.swrcb.ca.gov]

Adopted R2-2003-0061
Staff Summary Report

Information Item Requiring No Board Action

*L. 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 Region to Update Water Quality Objectives and NPDES Implementation Provisions - Hearing to Consider Adoption of Proposed Amendments [Lynn Suer 622-2422, als@rb2.swrcb.ca.gov]

Note: since the original noticing of this Board agenda, and as of June 9th, the Executive Officer is considering recommending that the above item be continued to the next or future meeting to resolve remaining issues.

Staff Summary Report

NPDES PERMITS

7. Region Wide General Permit for Surface Water Treatment Facilities for Potable Supply - Issuance of General NPDES Permit [Jenny Chen 622-2405, jc@rb2.swrcb.ca.gov]

Adopted R2-2003-0062
Staff Summary Report
Response to comments
CEQA Exemption
Cover Letter
Transmittal Letter
SMP
Notice of Intent
Notice of non-applicability
Notice of Intent Instructions
Fact Sheet
Public Notice
Filter Plant Data (xls)
EBMUD Priority Pollutant Data 2 (xls)

8. Cities of San Jose and Santa Clara, Water Pollution Control Plant, Santa Clara County - Hearing to Receive Testimony on Reissuance of NPDES Permit [Linda Rao 622-2445, lcr@rb2.swrcb.ca.gov] (Additional public testimony and Board action will be taken at a subsequent meeting.)

Staff Summary Report

Note: since the original noticing of this Board agenda, and as of June 9th, the Executive Officer is considering recommending that the above item be continued to the next or future meeting due to continuing negotiations to resolve remaining issues.

9. City of Palo Alto, Regional Water Quality Control Plant, Santa Clara County - Hearing to Receive Testimony on Reissuance of NPDES Permit [Linda Rao 622-2445, lcr@rb2.swrcb.ca.gov] (Additional public testimony and Board action will be taken at a subsequent meeting.)

Staff Summary Report

Note: since the original noticing of this Board agenda, and as of June 9th, the Executive Officer is considering recommending that the above item be continued to the next or future meeting due to continuing negotiations to resolve remaining issues.

10. City of Sunnyvale, Water Pollution Control Plant, Santa Clara County - Hearing to Receive Testimony on Reissuance of NPDES Permit [Linda Rao 622-2445, lcr@rb2.swrcb.ca.gov] (Additional public testimony and Board action will be taken at a subsequent meeting.)

Staff Summary Report

Note: since the original noticing of this Board agenda, and as of June 9th, the Executive Officer is considering recommending that the above item be continued to the next or future meeting due to continuing negotiations to resolve remaining issues.

OTHER BUSINESS

11. Alameda Countywide Clean Water Program and its 2001-2002 Annual Report - Status Report [Myriam Zech 622-5684, mlz@rb2.swrcb.ca.gov]

Note: since the original noticing of this Board agenda, and as of June 9th, the Executive Officer is considering recommending that the above item be continued to the next or future meeting to accommodate an unexpected extended staff medical leave.

12. San Francisco Bay Dairy Program and Permits - Status Report [John West 622-2438, jrw@rb2.swrcb.ca.gov]

Staff Summary Report

13. Nutrient TMDLs in the San Francisco Bay Region - Status Report [Peter Krottje 622-2362, pak@rb2.swrcb.ca.gov]

Staff Summary Report
Staff 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 Ashland Distribution
(time certain) Company v. State Water Resources Control Board (Alameda Superior Court)[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)].
d. The Board may meet in closed session to discuss San Francisco BayKeeper, a 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)].
e. The Board may meet in closed session to discuss Pacific Custom Materials, Inc. v. California Regional Water Quality Control Board for the San Francisco Bay Region [Authority: Government Code Section 11126(e)(2)(A)].

2:00 p.m. 17. Adjournment to the next Board meeting - July 16, 2003


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[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 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, Section Leader
Bruce Wolfe, Chief
Vacancy, 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
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
May 21, 2003

Enforcement Action

Administrative Civil Liabilities

Complaint No. R2-2003-0002 Administrative Civil Liability for City and County of San Francisco, San Francisco International Airport - Water Quality Control Plant in the amount of $227,225. $183,225 will be used for a supplemental environmental project.

Complaint No. R2-2003-0014 Administrative Civil Liability for Sonoma County Water Agency's Penngrove Sanitation Zone, Sonoma County in the amount of $38,000. $34,000 will be used for a supplemental environmental project.

Mandatory Minimum Penalty

Complaint No. R2-2002-0076 Mandatory Minimum Penalty for City and County of San Francisco, San Francisco International Airport - Industrial Waste Treatment Plant in the amount of $9,000. $9,000 will be used for a supplemental environmental project.

NPDES Permits

Adopted Order No. R2-2003-0045 Rescission of NPDES Permit for RMC Pacific Materials, Sunol Site, Pleasanton, Alameda County

Adopted Order No. R2-2003-0046 Rescission of NPDES Permit for RMC Pacific Materials, Eliot Site, Pleasanton, Alameda County

Waste Discharge Requirements/
Water Quality Certification

Adopted Order No. R2-2003-0048 Adoption of Waste Discharge Requirements and Water Quality Certification for Port of Oakland Maintenance Dredging Program, 2003 through 2008, Oakland, Alameda County

Waste Discharge Requirements

Adopted Order No. R2-2003-0047 Adoption of Waste Discharge Requirements for Coyote Creek Business Park, LLC, Silver Creek Valley Place Commercial Development Project, San Jose, Santa Clara County

Information Items

Information Only Case Closure Status Report for LUST Cleanup Program

Information Only Status Report on Violations and Enforcement Report for the First Quarter of 2003

Information Only Workshop on Reissuance of NPDES Permits for South Bay Municipal Wastewater Treatment Plants, Cities of San Jose and Santa Clara, City of Palo Alto, and City of Sunnyvale

Information Only Status Report on Groundwater Cleanup Progress Summary

 

 










 

 


 

 



 

 

 

 

 

 

 


 

 

 

 

 

 


 

 

 

 

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