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Agenda April 2007

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


AGENDA

April 11, 2007
9:00 a.m.



Approximate Time1

9:00 a.m. 1. Roll Call and Introductions

2. Public Forum
Any person may address the Water Board regarding a matter within the Board’s jurisdiction that is not related to an item on this Meeting agenda. Comments will generally be limited to three minutes, unless otherwise directed by the Chair. Comments regarding matters that are scheduled for a future Meeting will generally be prohibited. The public is encouraged to visit the Board's website or contact Board staff to determine whether a matter has been scheduled for a future Meeting.


3. Minutes of the March 13 - 14, 2007 Board Meeting


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


5. Consideration of Uncontested Item Calendar

*A. Republic Services, Inc. - Solano Garbage Company Landfill, Suisun City, Solano County – Updated Waste Discharge Requirements and Rescission of Orders No. 86-65 and 95-229 [Keith Roberson 622-2404]

Adopted Order No. R2-2007-0028
Staff Summary Report
Comments
Response to Comments


*B. Innerconn Technologies and Union Bank, for the property located at 327 Moffett Boulevard, Mountain View, Santa Clara County – Rescission of Site Cleanup Requirements [Adriana Constantinescu 622-2353]

Adopted Order No. R2-2007-0029
Staff Summary Report and Tentative Order


*C. Engelhard Corporation, Millis Corporation, Millis Hybrid Microcircuits Corporation, ECA Corporation, Millis West Corporation, Engelhard Precision Microwave Circuits West Corporation, Silicon Material Inc., Hy-Pac Inc., Gard-More Circuits, Mountain View-Los Altos Union High School District, Alvin Lawrence Silver and Ruth Eleanor Silver, Richard B. Wells and Ginger Wells, Jerome Gilmore and Georgia Gilmore, and a Partnership of Paul Zebb, Charles Bedolla, Henry Yamate, and Tad Sekigahama, for the property located at 333 (formerly 341) Moffett Boulevard, Mountain View, Santa Clara County – Rescission of Site Cleanup Requirements [Adriana Constantinescu 622-2353]

Adopted Order No. R2-2007-0030
Staff Summary Report and Tentative Order


*D. Emergency, Abandoned, Recalcitrant (EAR) Underground Storage Tank Account – Adoption of Resolution Supporting Nomination to State Water Resources Control Board’s EAR Account [Cherie McCaulou
622-2342]

Adopted Resolution No. R2-2007-0031
Staff Summary Report and Tentative Resolution


*E. Leaking Underground Fuel Tank Cleanup Program – Status Report [Chuck Headlee 622-2433]

Staff Summary Report
Status Report (ppt)


6. City of San Mateo, Wastewater Treatment Plant, San Mateo, San Mateo County – Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Carolina Silva 622-2485]

Adopted MMP No. R2-2007-0012
Staff Summary Report
Mandatory Minimum Penalty
SEP


7. Valero Refining Company, Valero Benicia Refinery, Benicia, Solano County – Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Myriam Zech 622-5684]

Adopted MMP No. R2-2007-0013
Staff Summary Report
Mandatory Minimum Penalty


8. C&H Sugar Company, Inc. and Crockett Community Services District, C&H Sugar Refinery and Philip F. Meads Water Treatment Plant and Its Collection System, Crockett, Contra Costa County – Reissuance of NPDES Permit [Bill Johnson 622-2354]

Adopted Order No. R2-2007-0032
Staff Summary Report


9. General Waste Discharge Requirements for Discharges of Low-Level, Incidental, Potentially Contaminated or Uncontaminated Groundwater, and Discharges of Reverse Osmosis Concentrate Resulting from Treatment of Groundwater by Reverse Osmosis – Issuance of New General NPDES Permit [Farhad Azimzadeh 622-2310]

Adopted Order No. R2-2007-0033
Staff Summary Report
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Appendix B (Comments Received)
Appendix C (Response to Comments)


10. Letter to Petroleum Refineries Requiring Technical Reports on the Mass Balance and Fate of Mercury in Crude Oil –Status Report on Intent to Issue CWC 13267 Letter [Richard Looker 622-2451]

Staff Summary Report
Appendix A


11. Web-Based Wetland Tracker Pilot Project – Status Report [Andrée Breaux 622-2324]

Staff Summary Report


12. Correspondence


13. Closed Session – Personnel
11:30 – 12:30 p.m. The Board will meet in closed session to conduct the annual performance review of the Executive Officer. [Authority: Government Code Section 11126(a)].


14. 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)].


15. 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)].


16. Adjournment to the next Board meeting – May 9, 2007



[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 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 the 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
Name
City of Residence
Appointment Category
John Muller, Chair
Half Moon Bay
Irrigated Agriculture
Mary C. Warren, Vice Chair
Dublin
County Government
Margaret Bruce
Boulder Creek
Water Quality
Shalom Eliahu
Lafayette
Water Supply
William E. Peacock
Portola Valley
Undesignated (Public)
Clifford Waldeck
Mill Valley
Municipal Government
Terry Young
Oakland
Recreation, Fish or Wildlife
Vacancy
Industrial Water Use
Vacancy
Water Quality
Water Board Staff
Executive Officer
Assistant Executive Officers
Counsel to the Board
Bruce H. Wolfe
Vacant
Dorothy Dickey
Yuri Won
Executive Assistant
Management Services Division
Communications Coordinator
Mary E. Tryon
Anna Torres, Chief
Sandia Potter
North Bay Watershed Management Division
South Bay Watershed Management Division
Groundwater Protection/Waste Containment Division
Wilfried Bruhns, Chief
Shin-Roei Lee, Chief
Curtis T. Scott, Chief
Susan Gladstone, Section Leader
Dale C. Bowyer, Section Leader
Terry Seward, Section Leader
William Hurley, Section Leader
Keith Lichten, Section Leader
John E. Kaiser, Section Leader
Marcia Brockbank, Project Manager
Gina Kathuria, Section Leader
Permits Division
Toxics Cleanup Division
Planning and TMDL Division
Lila Tang, Chief
Stephen Hill, Chief
Thomas Mumley, Chief
Bill Johnson, Section Leader
John D. Wolfenden, Section Leader
Naomi Feger, Section Leader
Robert Schlipf, Acting Section Leader
Anders G. Lundgren, Section Leader
Dyan Whyte, Section Leader
Christine Boschen, Section Leader
Chuck Headlee, Section Leader
Mary Rose Cassa, Section Leader

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 March 14 , 2007

NPDES Permits

Adopted Order No. R2-2007-0024 Reissuance of NPDES Permit for City of Pinole, Pinole-Hercules Water Pollution Control Plant and Its Collection System, Pinole, Contra Costa County

Adopted Order No. R2-2007-0025 Amendment of NPDES Municipal Stormwater Permit to Adopt Hydrograph Modification Management Standard for Alameda Countywide Clean Water Program, Alameda County

Adopted Order No. R2-2007-0026 Amendment of NPDES Municipal Stormwater Permit to Adopt Hydrograph Modification Management Standard for Fairfield-Suisun Urban Runoff Management Program, Solano County

Adopted Order No. R2-2007-0027 Amendment of NPDES Municipal Stormwater Permit to Adopt Hydrograph Modification Management Standard for San Mateo Countywide Water Pollution Prevention Program, San Mateo County Waste Discharge Requirements

Adopted Order No. R2-2007-0020 Updated Waste Discharge Requirements and Rescission of Order No. R2-2003-0111 for U.S. Army Corps of Engineers, San Francisco Bay Maintenance Dredging Program, 2007 through 2009

Adopted Order No. R2-2007-0021 Updated Waste Discharge Requirements and Rescission of Order Nos. 85-47, 93-055, 94-011, and 97-099 for Waste Management of California, Inc. – Kirby Canyon Recycling and Disposal Facility, San Jose, Santa Clara County Site Cleanup Requirements

Adopted Order No. R2-2007-0022 Adoption of Final Site Cleanup Requirements for Ford Aerospace Corporation, Space Systems/Loral, Inc., and Far Western Land and Investment, Inc., for the property located at 3963 and 3977 Fabian Way, Palo Alto, Santa Clara County

Adopted Order No. R2-2007-0023 Adoption of Site Cleanup Requirements for
Taube-Koret Campus for Jewish Life, for the property located at 901 San Antonio Road,
Palo Alto, Santa Clara County

Other Business

Status Report Status Report on Municipal Regional Stormwater Permit

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