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Agenda September 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

September 17, 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 August 20, 2003 Board Meeting

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

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

NPDES Permit

*A. Cities of San Jose and Santa Clara, Water Pollution Control Plant, Santa Clara County - Reissuance of NPDES Permit [Linda Rao 622-2445, lcr@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0085
Transmittal Letter
Staff Summary Report
SMP
Fact Sheet
Response to comments
Attachments 1 & 2

Waste Discharge Requirements

*B. City of San Jose, Acosta Properties LLC, Danna Properties, Johnson & Marylou Russell, East Community Resource Center - Story Road Landfill, San Jose, Santa Clara County - Updated Waste Discharge Requirements and Rescission of Order No. 92-125 [Alec Naugle 622-2510, awn@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0086
Fig 1(pdf)
Fig 2 (pdf)
Fig 3 (pdf)
Fig 4a (pdf)
Fig 4b (pdf)
SMP
SMP Table B1(xls)
SMP Figb1 (pdf)

Waste Discharge Requirements/
Water Quality Certification

*C. Port of San Francisco Maintenance Dredging Program, 2003 Through 2008, San Francisco, San Francisco County - Adoption of Waste Discharge Requirements and Water Quality Certification [Elizabeth Christian 622-2335, eac@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0087
Staff Summary Report

Other Business

*D. Santa Clara Basin Watershed Management Initiative, Santa Clara County - Notice of Intent to Sign Letter of Support for the Santa Clara Basin Watershed Management Initiative and the Santa Clara Valley Water Resources Protection Collaborative [Richard McMurtry 622-2389, rkm@rb2.swrcb.ca.gov]

Staff Summary Report
Signatory Document

Information Item Requiring No Board Action

*E. United States Department of Defense, Department of the Navy for the Former Department of Defense Housing Facility, Novato, Marin County - Notification of Executive Officer's Intent to Sign "Covenant to Restrict Use of Property and Environmental Restriction for Parcels 28, 29, and 30 (a.k.a. Exchange Triangle Parcel 1 - "Sale Area") at Department of Defense Housing Facility, Novato, Marin County [James Ponton 622-2492, jdp@rb2.swrcb.ca.gov]

Staff Summary Report (pdf)

ENFORCEMENT

Administrative Civil Liability

6. North San Mateo County Sanitation District, Wastewater Treatment Plant, San Mateo County - Hearing to Consider Administrative Civil Liability for Discharge of Partially Treated Wastewater to Waters of the State [Joseph Ernest 622-2456, je@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0036
Transmittal Letter
ACL
Staff Report

Mandatory Minimum Penalties

7. Caterpillar Inc., Grover Cleveland Park at the South End of O'Donnell Avenue, San Leandro, Alameda 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]

Adopted Order No. r2-2003-0065
Staff Summary Report (pdf)
Appendix A (pdf)
Appendix B (pdf)

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 Order No. r2-2003-0040
Transmittal Letter
MMP (pdf)

9. Cities of South San Francisco and San Bruno, Wastewater Treatment Plant, San Francisco 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 Order No. r2-2002-0119
Transmittal Letter (pdf)
MMP (pdf)

10. Napa Sanitation District, Wastewater Treatment Plant, Napa 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] (Continued)

Adopted R2-2002-0078
Transmittal letter
MMP

NPDES PERMIT

11. East Bay Municipal Utility District, Water Pollution Control Plant, Alameda County - Amendment of NPDES Permit [Jenny Chen 622-2405, jc@rb2.swrcb.ca.gov]

Adopted Order No. r2-2003-0088
Staff Summary Report
Public Notice
Public Notice letter
Final Fact Sheet
Table 1 (xls)
Table 2 (xls)
Final Attachment 1
Final Attachment 2
Final Attachment 3
Final Attachment 4
Cover letter (pdf)
Final Transmittal

OTHER BUSINESS

12. Municipal Stormwater Programs and Their 2001-02 Annual Reports - Status Report [Dale Bowyer 622-2323, dcb@rb2.swrcb.ca.gov]

Staff Summary Report
Alameda County Status Report
Contra Costa County Status Report
San Mateo County Status Report
Santa Clara County Status Report

13. Correspondence

14. Closed Session - Personnel
The Board may meet in closed session to discuss personnel matters, which may include interviews of candidates for position of Executive Officer. [Authority: Government Code Section 11126(a)].

15. 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. 16. Adjournment to the next Board meeting - October 15, 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 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
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
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
Bruce Wolfe, 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

August 20, 2003

Enforcement Action

Mandatory Minimum Penalties

Complaint Number R2-2003-0041 Mandatory Minimum Penalty for City of Benicia, Wastewater Treatment Plant, Benicia, Solano County in the amount of $21,000. $18,000 will be used for a supplemental environmental project.

Complaint Number R2-2003-0042 Mandatory Minimum Penalty for City of Petaluma, Wastewater Treatment Plant, Petaluma, Sonoma County in the amount of $9,000. $9,000 will be used for a supplemental environmental project.

Complaint Number R2-2003-0043 Mandatory Minimum Penalty for Central Marin Sanitation Agency, San Rafael, Marin County in the amount of $6,000. $6,000 will be used for a supplemental environmental project.

Complaint Number R2-2003-0044 Mandatory Minimum Penalty for Conoco Phillips - San Francisco Refinery, Rodeo, Contra Costa County in the amount of $6,000. $6,000 will be used for a supplemental environmental project.

Complaint Number R2-2003-0025 Mandatory Minimum Penalty for City of Sunnyvale, Wastewater Treatment Plant, Sunnyvale, Santa Clara County in the amount of $21,000. $18,000 will be used for a supplemental environmental project.

NPDES Permits

Adopted Order No. R2-2003-0072 Reissuance of NPDES Permit for Fairfield-Suisun Sewer District, Solano County

Adopted Order No. R2-2003-0073 Reissuance of NPDES Permit for City and County of San Francisco, Oceanside Water Pollution Control Plant, and the Westside Combined Sewer System, San Francisco

Adopted Order No. R2-2003-0078 Reissuance of NPDES Permit for City of Palo Alto, Regional Water Quality Control Plant, Santa Clara County

Adopted Order No. R2-2003-0079 Reissuance of NPDES Permit for City of Sunnyvale, Water Pollution Control Plant, Santa Clara County

Waste Discharge Requirements

Adopted Order No. R2-2003-0074 Updated Waste Discharge Requirements and Rescission of Order No. 94-181 for John Arrillaga Survivor's Trust, The Peery Private Investment Company, The Peery Public Investment Company, Westport Landfill, San Mateo County

Waste Discharge Requirements/
Water Quality Certification

Adopted Order No. R2-2003-0075 Adoption of (1) CEQA Negative Declaration and Initial Study and (2) Waste Discharge Requirements, Water Quality Certification, and Rescission of Order 98-012 for Carneros River Ranch North West and North Central Fields Dredged Material and Fill Placement Project, Petaluma, Sonoma County

Adoption of Motion Directing Executive Officer to negotiate the development of seasonal ponds on a portion of Carneros River Ranch property if pond development will be feasible with on going agricultural use of the property. Parties to the negotiations will include the tenant farmer, the Carneros River Ranch Corporation, the Sonoma Land Trust, the Marin Audubon Society, and the Regional Board.

Site Cleanup Requirements

Adopted Order No. R2-2003-0076 Adoption of Site Cleanup Requirements for United States Department of Defense, Department of the Army; United States Department of Defense, U.S. Army Corps of Engineers, San Francisco District; and the California State Lands Commission for the Inboard Area and Coastal Salt Marsh at Hamilton Army Airfield, Novato, Marin County

Adopted Order No. R2-2003-0080 Adoption of Revised Site Cleanup Requirements and Rescission of Order No. 91-082 and Order No. 96-070 for United States Department of Defense, Department of the Army; United States Department of the Interior, National Park Service; and the Presidio Trust for the property located at the Presidio of San Francisco, City and County of San Francisco

Other Business

Adopted Resolution No. R2-2003-0077 Authorizing Executive Officer to Enter into the Alternate Salt Marsh Mitigation Memorandum of Agreement with the City of San Jose, U.S. Fish and Wildlife Service, California Department of Fish and Game, and the Peninsula Open Space Trust, for the Purposes of Protecting Endangered Species

Item Continued

Closed Public Hearing on Operational
Portion of Tentative Order, Continued
Public Hearing on Mitigation Portion
of Tentative Order, and Continued Item
to September Board Meeting Reissuance of NPDES Permit for Cities of San Jose and Santa Clara, Water Pollution Control Plant, Santa Clara County

Item Dropped

Site Cleanup Requirements Ford Aerospace Corporation, Space Systems/Loral, Campus for Jewish Life, and Far Western Land & Investment, Inc., for the property located at 3825, 3963, and 3977 Fabian Way and 901 San Antonio Road, Palo Alto, Santa Clara County - Amendment of Site Cleanup Requirements

 

 

 


 

 

 

 


 


 

 

 



 

 

 

 

 










 

 


 

 



 

 

 

 

 

 

 


 

 

 

 

 

 


 

 

 

 

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