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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
October 20, 2004
9:00 a.m.
Elihu M. Harris Building
First Floor Auditorium
1515 Clay Street
Oakland, CA 94612
Approximate Time[1]
1. Roll Call and Introductions
2. Public Forum
Any person may address the Water 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 September 15, 2004 Board Meeting
4. Chairman's, Board Members', and Executive Officer's Reports
5. Consideration of Uncontested Items Calendar (See Notes attached)
Site Cleanup Requirements
A. United States Department of the Army, City of Oakland, and Port of Oakland for the property located at the Former Oakland Army Base, Oakland, Alameda County - Adoption of Site Cleanup Requirements [Adriana Constantinescu 622-2353]
Adopted Order no. R2-2004-0086
Staff Summary Report
Figure 1
Other Business
B. Authorizing the Executive Officer to Enter into an Agreement for Mutual Release and Covenant Not to Sue with 301 Industrial LLC, for property located at 301 Industrial Way, San Carlos, San Mateo County - Adoption of Resolution [Stephen Morse 622-2393]
Adopted Order no. R2-2004-0087
Staff Summary Report
Mutual Release
Exhibit A
Exhibit B (1 of 3)
Exhibit B (2 of 3)
Exhibit B (3 of 3)
Exhibit C
C. San Mateo County Public Health and Environmental Protection Division - Resolution of Concurrence for San Mateo County Declaration of Public Health Hazard Related to Sewage Disposal for Community of Pescadero [Richard Condit 622-2338]
Adopted Order no. R2-2004-0088
Attachments (zip)
D. Marin County Environmental Health Services, Community Development Agency - Resolution of Concurrence for Marin County Declaration of Water Pollution Problem and Potential Public Health Hazard Related to Sewage Disposal for East Shoreline of Tomales Bay [Becky Tuden 622-5685]
Adopted Order no. R2-2004-0089
Staff Summary Report
Staff Report
Information Item Requiring No Action
E. Leaking Underground Fuel Tank Cleanup Program - Status Report [Donald Trembley 622-2350]
Staff Summary Report
Status Report (ppt)
ENFORCEMENT
Mandatory Minimum Penalties
6. Hanson Aggregates, San Francisco Sand Yard, San Francisco County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Greg Walker 622-2437]
Adopted Order no. R2-2004-0051
MMP
Staff Summary Report
7. General Chemical Corporation, City of Pittsburg, Contra Costa County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Michael Chee 622-2333]
Adopted Order no. R2-2004-0053
MMP and SSR
8. C & H Sugar Company, Crockett, Contra Costa County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Michael Chee 622-2333]
Adopted Order no. R2-2004-0067
MMP and SSR
NPDES PERMIT
9. East Bay Municipal Utility District, Special District No. 1, Wet Weather Facilities, Alameda County - Hearing to Receive Testimony on Reissuance of NPDES Permit [Jenny Chen 916-341-5570]
Attachments (zip)
OTHER BUSINESS
10. Brownfield Site Cleanup and Redevelopment - Status Report [Gary Riley 622-2462]
Staff Summary Report
Status Report
11. Electronic Reporting of Compliance Data - Status Report [Johnson Lam 622-2373]
Status 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
11:30 - 12:30 p.m. 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)].
15. Adjournment to the next Board meeting - November 17, 2004
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[1] The “approximate time”
indicated is an estimate of the time when the agenda
item 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.
NOTES ON WATER 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 an item be removed
from the Uncontested Items Calendar, and it will be
taken up in the order indicated by the agenda.
Availability of Agenda Items - Staff reports and tentative
orders or resolutions for agenda items are available
at www.waterboards.ca.gov/sanfranciscobay,
one week before the Board meeting. Copies of individual
agenda items may also be obtained at the Board's office
after 9 a.m. on the Thursday preceding the Board meeting.
The staff member indicated on the agenda listing will
assist in securing copies and answering questions.
Conduct of Board Meetings - Items are numbered for identification
purposes only, and may not necessarily be considered
in this order.
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 or voice line at 1-800-735-2922.
Materials presented to the Water 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 member for that
agenda item in advance of the meeting.
Some Board members may attend a meeting by teleconference.
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)]
Agenda Items on Administrative
Civil Liabilities and Mandatory Minimum Penalties -
A discharger may waive the 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.
Petition of Water Board Actions - Any person adversely
affected by a Water Board action may petition the State
Water Resources Control Board for review of that action.
Pursuant to section 2050© of Title 23 of the California
Code of Regulations, such a petition of the Water Board's
action on an agenda item shall be limited to those substantive
issues or objections that were raised before the Water
Board at the Board meeting or in timely submitted written
correspondence delivered to the
Water Board. A petition must be received by the State
Board within 30 days of the Water Board meeting at which
action was taken. Copies of the law and regulations
applicable to filing petitions for review 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 Water 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 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 Water Board are prohibited from making a contribution
of $250 or more to any Board member for 3 months following
a Board decision on a permit application.
Water Quality Certification - To obtain information
regarding pending Section 401 Certification applications,
call 622-2300.
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
Water Board Members
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Name
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City of Residence
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Appointment Category
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Clifford Waldeck, Chair
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Mill Valley
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Municipal Government
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Mary C. Warren, Vice Chair
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Oakland
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County Government
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Kristen Dowd Addicks
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Novato
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Recreation, Fish or Wildlife
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Doreen Chiu
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Union City
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Industrial Water Use
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Josephine De Luca
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Redwood City
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Undesignated (Public)
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Shalom Eliahu
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Lafayette
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Water Supply
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Vacancy
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San Francisco
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Water Quality
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John Muller
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Half Moon Bay
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Irrigated Agriculture
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John H. Reininga
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San Francisco
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Water Quality
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Water Board Staff
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Executive Officer
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Assistant Executive Officers
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Counsel to the Board
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Bruce H. Wolfe
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Lawrence P. Kolb
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Yuri Won
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Stephen I. Morse
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Dorothy Dickey
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Executive Assistant
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Mary E. Tryon
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North Bay Watershed Management
Division
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Groundwater Protection/Waste
Containment Division
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Toxics Cleanup Division
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Wilfried Bruhns, Acting Chief
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Curtis T. Scott, Chief
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Stephen A. Hill, Chief
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Susan F. Gladstone, Section
Leader
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Terry Seward, Section Leader
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John D. Wolfenden, Section
Leader
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William B. Hurley, Section
Leader
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John E. Kaiser, Section Leader
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Anders G. Lundgren, Section
Leader
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South Bay Watershed Management
Division
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Chuck Headlee, Section Leader
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Shin-Roei Lee, Chief
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Keith Lichten, Acting Section
Leader
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Dale C. Bowyer, Section Leader
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Marcia Brockbank, Project
Manager
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Permits Division
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Planning and TMDL Division
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Management Services Division
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Lila Tang, Acting Chief
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Thomas Mumley, Chief
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Olivia Hampton-Rice, Chief
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Greg H. Walker, Section Leader
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Steve Moore, Section Leader
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Ann Powell, Acting Section
Leader
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Dyan Whyte, Acting Section
Leader
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Gina Kathuria, Section Leader
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The primary responsibility of the Water
Board is to protect and enhance the quality of regional
surface water and groundwater for beneficial uses. This
duty is carried out by formulating, adopting, and implementing
water quality plans for specific water bodies, by prescribing
and enforcing requirements on 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.
Meetings of the Water 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 meetings is to provide
the Board with an opportunity to receive testimony and
information from concerned and affected parties and
to make decisions after considering the evidence presented.
A public forum is held at the beginning of each general
meeting where persons may speak on matters within the
Board's jurisdiction that are not specific agenda items.
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 indicated by
staff. Verbal comments made at the Board meeting should
only summarize the written material.
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
September 15, 2004
Enforcement Actions
Administrative Civil Liability
Complaint Number R2-2004-0007 Administrative
Civil Liability for City and County of San Francisco,
Sheriff's Department, Sanitary Sewer System, San Mateo
County in the amount of $118,000. $110,000 will be used
for a supplemental environmental project.
Mandatory Minimum Penalties
Complaint Number R2-2004-0040 Mandatory
Minimum Penalty for City of Burlingame, Wastewater Treatment
Plant, Burlingame, San Mateo County in the amount of
$9,000. $9,000 will be used for a supplemental environmental
project.
Complaint Number R2-2004-0041 Mandatory
Minimum Penalty for City of Petaluma, Water Pollution
Control Plant, Petaluma, Sonoma County in the amount
of $87,000. $51,000 will be used for a supplemental
environmental project.
Complaint Number R2-2004-0050 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 $6,000
NPDES Permits
Adopted Order No. R2-2004-0078 Reissuance
of NPDES Permit for Doug Hayes, dba The California Abalone
Company, Pillar Point Harbor, Half Moon Bay, San Mateo
County
Adopted Order No. R2-2004-0079 Issuance
of New NPDES Permit for East Brother Light Station,
Inc., Richmond, Contra Costa County
Waste Discharge Requirements
Adopted Order No. R2-2004-0080 Amendment
of Waste Discharge Requirements for Keller Canyon Landfill
Company, Class II Solid Waste Disposal Site, Pittsburg,
Contra Costa County
Site Cleanup Requirements
Adopted Order No. R2-2004-0081 Amendment
of Site Cleanup Requirements for 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
Planning
Adopted Resolution No. R2-2004-0082
Amendment of the Water Quality Control Plan (Basin Plan)
for the San Francisco Bay Region to Establish San Francisco
Bay Mercury Total Maximum Daily Load (TMDL) and Implementation
Plan
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