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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
AGENDADecember 13, 2006
Approximate Time1 9:00 a.m.
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 November 13, 2006 Board Meeting
4. Chairman's, Board Members', and Executive Officer's Reports
5. Consideration of Uncontested Item Calendar
*A. International Business Machines Corporation, for the property located at 5600 Cottle Road, San Jose, Santa Clara County - Rescission of NPDES Permit [Lourdes Gonzales 622-2365]
Staff Summary Report, Tentative Order and Attachments
*B. Napa River Reclamation District #2109, Napa, Napa County - Rescission of NPDES Permit [Lourdes Gonzales 622-2365]
Adopted Order No. R2-2006-0081
Staff Summary Report
*C. Seafirth Estates Company and Property Owners within the Seafirth Estates Subdivision, Seafirth Estates Wastewater Treatment Plant and Its Sewage Collection System, Tiburon, Marin County - Reissuance of NPDES Permit [Gina Kathuria 622-2378]
Adopted Order No. R2-2006-0082
Staff Summary Report
Response to Comments
*D. Sewage Authority Mid-Coastside, Wastewater Treatment Plant and Intertie Pipeline System, Half Moon Bay, San Mateo County - Reissuance of NPDES Permit [John Madigan 622-2405]
Staff Summary Report
Response to Comments
*E. County of San Mateo, Pescadero Solid Waste Disposal Site, Pescadero, San Mateo County - Updated Waste Discharge Requirements and Rescission of Order No. 96-153 [Cecilio Felix 622-2343]
Adopted Order No. R2-2006-0083
Staff Summary Report
Appendix B - Comments
*F. International Business Machines Corporation, for the property located at 5600 Cottle Road, San Jose, Santa Clara County - Amendment of Site Cleanup Requirements [Max Shahbazian 622-4824]
Staff Summary Report and Tentative Order
*G. Union Oil Company of California, Atlantic Richfield Company, Richard Koch (Trustee for the R&N Koch Trusts), Las Vegas II Storage, LLC, and Foster Chemical Company, for the properties located at 401 and 411 High Street, Oakland, Alameda County - Amendment of Revised Site Cleanup Requirements [Cleet Carlton 622-2374]
Adopted Order No. R2-2006-0084
Staff Summary Report
*H. Resolution to Allow the Executive Officer to Make Minor, Non-Substantive Corrections, for Clarity or Consistency, to the Language of Resolution 01-064 and Resolution 01-065 Pertaining to the Long Term Management Strategy for the Disposal of Dredged Material in San Francisco Bay (LTMS) During the Approval Process by the State Board or the Office of Administrative Law - Adoption of Resolution [Naomi Feger 622-2328]
Adopted Resolution No. R2-2006-0085
Staff Summary Report, Tentative Resolution, Appendix B & Appendix C
6. Proposed Amendment to the Water Quality Control Plan (Basin Plan) for the San Francisco Bay Region to Establish New Water Quality Objectives and Implementation Plan for Cyanide in San Francisco Bay - Hearing to Consider Adoption of Proposed Basin Plan Amendment [Naomi Feger 622-2328]
Adopted Resolution No. R2-2006-0086
Staff Summary Report
Appendix A: Tentative Resolution and Proposed Basin Plan Amendment
Appendix B: Proposed Basin Plan Amendment showing changes since August 18, 2006
Appendix C: Staff Report
Appendix D: Responses to Comments
Appendix E: Comment letters
Appendix F: Transcript of October 11, 2006 Water Board hearing
8. Closed Session - Personnel
11:30 - 12:30 p.m. The Board may meet in closed session to discuss personnel matters. [Authority: Government Code Section 11126(a)].
9. Closed Session - Litigation
The Board will meet in closed session to discuss pending litigation, Waste Management of California, Inc. v. State Water Resources Control Board and California Regional Water Quality Control Board, San Francisco Bay Region, Sacramento Superior Court (Case No. 05CS01625) [Authority: Government Code Section 11126(e)(2)(A)].
10. Closed Session - Litigation
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. Closed Session - Deliberation
The Board may meet in closed session to consider evidence received in an adjudicatory hearing and deliberate on a decision to be reached based on that evidence [Authority: Government Code Section 11126(c)(3)].
12. Adjournment to the next Board meeting - Tuesday, January 23, 2007
 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 are available one week before the meeting at www.waterboards.ca.gov/sanfranciscobay/. Copies of agenda items may be obtained at the Board's office after 9 a.m. on the Thursday preceding the Board meeting from the staff member indicated on the agenda.
Conduct of Board Meetings - Items may not be considered in numerical 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)] 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
Water Board Staff
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 second 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 House of Scribes at (209) 478-8017.
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
San Francisco Bay Region Summary of Board Actions Taken at the Regular Meeting November 13, 2006
Adopted Order No. R2-2006-0075 Reissuance of General NPDES Permit for General Waste Discharge Requirements for Discharge or Reuse of Extracted and Treated Groundwater Resulting from the Cleanup of Groundwater Polluted by Fuel Leaks and Other Related Wastes at Service Stations and Similar Sites Waste Discharge Requirements Adopted Order No. R2-2006-0076 Reissuance of Waste Discharge Requirements for Cosentino Winery, Cosentino Winery, LLC, and Cosentino Winery Wastewater Treatment System, Napa County Site Cleanup Requirements Adopted Resolution No. R2-2006-0077 Adopted Resolution Adopting Mitigated Negative Declaration for Chevron Products Company, Castro Cove Sediment Remediation Project, Richmond, Contra Costa County Adopted Order No. R2-2006-0078 Adopted Site Cleanup Requirements and Clean Water Act Section 401 Water Quality Certification for Chevron Products Company, Castro Cove Sediment Remediation Project, Richmond, Contra Costa County
Planning Adopted Resolution No. R2-2006-0079 Adopted Resolution Amending the Water Quality Control Plan (Basin Plan) to the San Francisco Bay Region to Establish a Napa River Watershed Pathogen Total Maximum Daily Load (TMDL) and Implementation Plan