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Agenda March 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

March 19, 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 February 19, 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. IT Corporation, Panoche Class I Disposal Site, Benicia, Solano County - Rescission of NPDES Permit [Tong Yin 622-1008, ty@rb2.swrcb.ca.gov]

Adopted Order r2-2003-0026
Staff Summary Report
Transmittal Letter
Public Notice

Other Business

*B. 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 - [Dyan Whyte 622-2441, dcw@rb2.swrcb.ca.gov]

Staff Summary Report
Memorandum of Understanding

*C. Overview of Proposed Basin Plan Amendment to Update Water Quality Objectives and NPDES Implementation Provisions - [Lynn Suer 622-2422, als@rb2.swrcb.ca.gov]

Staff Summary Report

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
Case Closure Status Report

ENFORCEMENT

Administrative Civil Liability

6. Diablo Foreign, 580 W. 10th Street, Pittsburg, Contra Costa County - Hearing to Consider Imposition of Administrative Civil Liability or Referral to the Attorney General for Failure to Submit Annual Monitoring Report Required by the State Board's General NPDES Permit for Discharges of Stormwater Associated with Industrial Activities [Rico Duazo 622-2340, rad@rb2.swrcb.ca.gov]

Adopted r2-2003-0002
Staff Summary Report
ACL r2-2003-0002

Mandatory Minimum Penalties

7. Siemens Corporation, 10950 North Tantau Avenue, Cupertino, Santa Clara County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Derek Whitworth 622-2349, daw@rb2.swrcb.ca.gov]

Adopted r2-2003-0013
Staff Summary Report
Mandatory Minimum Penalty

8. City of San Mateo Wastewater Treatment Plant, San Mateo 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]

Adopted r2-2002-0120
MMP Letter
Mandatory Minimum Penalty Complaint No. r2-2002-0120

9. West County Agency, West County Wastewater District and City of Richmond Municipal Sewer District, Richmond, Contra Costa County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Keyvan Moghbel 622-2391, km@rb2.swrcb.ca.gov]

Adopted r2-2002-0048
Staff Summary Report
Errata
Mandatory Minimum Penalty
Transmittal Letter

OTHER BUSINESS

10. Status Report on Cargill Salt Ponds Purchase, Initial Stewardship and Permitting, and Restoration Planning Process - South Bay [Steve Moore 622-2439, smm@rb2.swrcb.ca.gov] and North Bay [Amy Hutzel, California Coastal Conservancy, 286-4180, ahutzel@scc.ca.gov]

Staff Summary Report
Attachment B
Attachment C

11. 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 - [Rico Duazo 622-2340, rad@rb2.swrcb.ca.gov and Alexa La Plante 622-2400, acl@rb2.swrcb.ca.gov]

Staff Summary Report
Staff Report

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 - April 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, 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
February 19, 2003

Enforcement Action

Administrative Civil Liability

Complaint No. R2-2002-0129 Administrative Civil Liability for City of Pacifica, Calera Wastewater Treatment Plant, Pacifica, San Mateo in the amount of $125,033. $115,033 will be used for a supplemental environmental project. $10,000 will be used to recover staff costs.

Mandatory Minimum Penalties

Complaint No. R2-2002-0057 Mandatory Minimum Penalty for Romic Environmental Technologies Corporation, 2081 Bay Road, East Palo Alto, San Mateo County in the amount of $51,000. $33,000 will be used for a supplemental environmental project.

Complaint No. R2-2003-0001 Mandatory Minimum Penalty for Sonoma Valley County Sanitation District, Wastewater Treatment Plant, Sonoma County in the amount of $51,000. $33,000 will be used for a supplemental environmental project.

Complaint No. R2-2002-0127 Mandatory Minimum Penalty for Rodeo Sanitary District, Sewage Treatment Plant, Rodeo, Contra Costa County in the amount of $33,000. $24,000 may be used for a supplemental environmental project.

NPDES Permits

Adopted Order No. R2-2003-0021 Reissuance of NPDES Permit to Discharge Stormwater Runoff from Municipalities for Alameda Countywide Clean Water Program, Alameda County

Adopted Order No. R2-2003-0022 Amendment of Order 99-058, NPDES Municipal Stormwater Permit for Contra Costa Clean Water Program, Contra Costa County

Adopted Order No. R2-2003-0023 Amendment of Order 99-059, NPDES Municipal Stormwater Permit for San Mateo Countywide Stormwater Pollution Prevention Program, San Mateo County

Site Cleanup Requirements

Adopted Order No. R2-2003-0018 Amendment of Site Cleanup Requirements for Arco Products Company, Chevron USA, Inc., Phillips Petroleum Company, Union Oil Company of California, Texaco, Inc., City and County of San Francisco, and Esprit de Corp, for the property located at Pier 64 and associated offsite facilities, City and County of San Francisco

Adopted Order No. R2-2003-0019 Revised Site Cleanup Requirements and Rescission of Site Cleanup Requirements Order No. 93-062 for Shore Terminals, LLC, Martinez Terminal, Martinez, Contra Costa County

Other Business

Adopted Resolution Resolution to Enter into an Amended Agreement with the U.S. Department of Energy to Provide Oversight of Remedial Response Activities at DoE Facilities Located at Lawrence Berkeley National Laboratory, Lawrence Livermore National Laboratory, Sandia National Laboratory, and the Stanford Linear Accelerator Center

Information Items

Information Only Case Closure Status Report for LUST Cleanup Program


Information Only Status Report for Violations and Enforcement Report for the Fourth Quarter of 2002

Items Continued

Mandatory Minimum Penalty City of San Mateo Wastewater Treatment Plant, San Mateo County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State

Mandatory Minimum Penalty Napa Sanitation District, Napa County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State


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