STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING MINUTES

November 19, 1998

Note: Copies of the orders, decisions, and resolutions mentioned in these minutes can be obtained from Maureen Marché, State Water Resources Control Board, Post Office Box 100, Sacramento, California, 95812-0100; or call (916) 657-0990.
 

CALL TO ORDER

The meeting was called to order by John Caffrey, Chairman, November 19, 1998, at 9:00 a.m., in the First-Floor Hearing Room, 901 "P" Street, Sacramento, California
 
 

BOARD MEMBERS PRESENT

John Caffrey, James M. Stubchaer, Marc Del Piero, Mary Jane Forster and John W. Brown.
 
 

BOARD MEMBERS ABSENT

None
 
 

STAFF PRESENT

Walt Pettit, Dale Claypoole, William R. Attwater, Maureen Marché, Tim Regan, James Giannopoulos, Rick Rempel, Dan Frink, Harry Schueller.
 
 

OTHERS PRESENT

David Beckman, NRDC; Jorge Leon, representing the Los Angeles Regional Water Quality Control Board; Winnie Jesena, Los Angeles Regional Water Quality Control Board; Jim Colbaugh, Randal Orton and Glen Peterson, Las Virgenes Minicipal Water District; Bill Craven, Sierra Club, Sam and Elaine Landis, Landis, Inc.; Alan Lily, Amador Water Agency & Carmel Valley Water Users; George Lohnes, City of Escondido; Peter Neimiec, Unocal; Hwa Luh, proprty owner; Bruce Dodge, National Audoban Society & Mono Lake Committee; Richard Roos-Collins, Cal Trout; Thomas Birmingham, LADWP; Ginny Cahill and Nancee Murray, Department of Fish and Game; Lane R. Davis, Santa Clara Valley Water District; Erin Garner, Pacific Environmental & Unocal; Fred Etheridge, EBMUD; James C. Hanson, Mokelumne River Water & Power.
 
 

PUBLIC FORUM

No one addressed the Board.
 
 

MINUTES

The Board unanimously adopted the minutes of the October 22, 1998 Board Meeting.
 
 

UNCONTESTED ITEMS

Item Nos. 2 and 21 were removed from the Uncontested Items calendar. Item No. 19 was removed from consideration at the request of the Chief Counsel. Item Nos. 1, 3, 4, 6-18, 20 and 22 were unanimously adopted by the Board as recommended by staff.

CLEAN WATER PROGRAMS

1. Consideration of Proposed Resolution Amending the Underground Storage Tank (UST) Cleanup Fund Priority List Amendment No. 58.
 
 

Motion: The Board unanimously adopted the proposed amendments. Resolution 98-105
 
 

2. In the Matter of the Petition of Landis Property for Review of Denial of a Petroleum Underground Storage Tank Site Closure at 304 West Ojai Avenue, Ojai, California.
 
 

James Giannopoulos, Division of Clean Water Programs, presented the item noting the letter from the Envionmental Coalition dated November 18, 1998. Rick Rempel, Division of Clean Water Programs presented information concerning the geological aspects of the site.

Messrs. Craven and Landis addressed the Board.
 
 

Motion: The Board unanimously adopted the proposed order approving closure of the site. WQ Order 98-13-UST
 
 

3. In the Matter of the Petition of Margo Hayes for Review of Denial of a Petroleum Underground Storage Tank Site Closure at 5775 Thornwood, Goleta, California.
 
 

Motion: The Board unanimously adopted the proposed order approving closure of the site.

Water Quality Order 98-10-UST
 
 

4. Consideration of Extending the Local Assistance Contract With the City of San Diego for Federal Water Pollution Control Projects from December 31, 1998 to December 31, 2000.
 
 

Motion: The Board unanimously adopted the amendments to the contract. Resolution 98-106
 
 

5. This item was previously removed.
 
 

6. Consideration of Recommitment of a State Revolving Fund Loans for the Construction of Islais Creek Transport and Storage Facilities, Contracts "4", "5", "B" and "E", City and County of San Francisco, Project No. C-06-4025-450.
 
 

Motion: The Board unanimously adopted the proposed resolution to recommit the loan.

Resolution 98-107
 
 
 
 

7. Consideration of Approval of a State Revolving Fund Loan for the City of Grass Valley Wastewater Treatment Plant Facility Expansion, Project No. C-06-4085-130.
 
 

Motion: The Board unanimously adopted the proposed resolution to approve the loan.

Resolution 98-108
 
 

8. Consideration of Approval of a State Revolving Fund (SRF) Loan for the City of Thousand Oaks, Hill Canyon Treatment Plant Expansion and Upgrade, SRF Loan Project No. C-06-4429-110.
 
 

Motion: The Board unanimously adopted the proposed resolution to approve the loan.

Resolution 98-109
 
 

9. Consideration of Approval of a State Revolving Fund (SRF) Loan for the City of Escondido Phase 1 Secondary Treatment Improvements at the Hale Avenue Resources Recovery Facility, SRF Loan Project No. C-06-4156-210.
 
 

Motion: The Board unanimously adopted the proposed resolution to approve the loan.

Resolution 98-110
 
 

10. Consideration of Approval of a State Revolving Fund (SRF) Loan for the Capistrano Beach Water District, Capacity Purchase at the South East Regional Reclamation Authority and Pumping Improvements at the Victoria Wastewater Treatment Plant, SRF Loan Project No. C-06-4064-110.
 
 

Motion: The Board unanimously adopted the proposed resolution to approve the loan.

Resolution 98-111
 
 

11. Consideration of Approval of a State Revolving Fund Loan for the City of Banning, Wastewater Treatment Facility Upgrade, State Revolving Fund Loan Project No. C-06-4529-110.
 
 

Motion: The Board unanimously adopted the proposed resolution to approve the loan.

Resolution 98-112
 
 

12. Consideration of Approval of a State Revolving Fund Loan for the City of Vacaville Wastewater Treatment Plant Facility Renovation and Expansion Project Nos. C-06-4610-110 and C-06-4610-120.
 
 

Motion: The Board unanimously adopted the proposed resolution to approve the loan.

Resolution 98-113
 
 

13. Consideration of Approval of a Grant for the City of Beaumont from the Water Recycling Facilities Planning Grant Program.
 
 

Motion: The Board unanimously adopted the proposed resolution to approve the grant.

Resolution 98-114
 
 

14. Consideration of Additional Funding From the Cleanup and Abatement Account for Work at the Leviathan Mine, Including Position Authority.
 
 

Motion: The Board unanimously adopted the proposed resolution. Resolution 98-115
 
 

WATER QUALITY

15. Consideration of Approval of a Resolution to Establish a Project Priority List for the Agricultural Drainage Management Loan Program (ADMLP) and Authorize the Executive Director or His Designee to Negotiate, Execute, or Amend ADMLP Loan Contracts for Projects Designated by the State Water Resources Control Board.
 
 

Motion: The Board unanimously adopted the proposed resolution. Resolution 98-116
 
 

16. Consideration of Approval of an Amendment to the Water Quality Control Plan for the Santa Ana River Basin Establishing a Total Maximum Daily Load for Sediment in the Newport Bay /San Diego Creek Watershed.
 
 

Motion: The Board unanimously adopted the proposed Basin Plan amendment. Resolution 98-117
 
 

17. Consideration of Approval of an Amendment to the Water Quality Control Plan for the Santa Ana River Basin Establishing a Total Maximum Daily Load for Nutrients in the Newport Bay /San Diego Creek Watershed.
 
 

Motion: The Board unanimously adopted the proposed Basin Plan amendment. Resolution 98-118
 
 

18. Consideration of a Resolution to Authorize the Executive Director to Negotiate, Approve, and Amend an Interagency Agreement with the Department of Fish and Game for the Bay Protection and Toxic Cleanup Program.
 
 

Motion: The Board unanimously adopted the proposed resolution to approve the interagency agreement. Resolution 98-119
 
 

REGULATIONS

19. Consideration of Adoption of Alien Verification Regulation on a Permanent Basis.
 
 

This item was removed from consideration.
 
 

20. Consideration of Adoption of Interim Regulations on A Permanent Basis and Nonsubstantive Changes.
 
 

Motion: The Board unanimously adopted the proposed interim regulations. Resolution 98-120
 
 

WATER RIGHTS

21. Consideration of a Proposed Order to Revise Declaration of Fully Appropriated Streams (Exhibit A) and Combine Exceptions to the Declaration Outlined in Prior Water Right Orders 89-25 and 91-07.
 
 

Alan Lilly addressed the Board. The Board directed that a new footnote be added to the order as proposed by Mr. Pettit. The new footnote provides that applications for conjunctive use projects on the Mokelumne River, which do not depend upon availability of unappropriated water in most years, may be accepted for processing. Evidence of water availability for those projects will be evaluated in the course of processing the applications.
 
 

Motion: The Board unanimously adopted the proposed order as amended. Water Rights Order 98-08
 
 

WATER QUALITY

22. Consideration of a Resolution to Authorize Acceptance of Grant Funds From the U.S. Environmental Protection Agency to Continue the Cooperative Agreement for the San Francisco Estuary Project.
 
 

Motion: The Board unanimously adopted the proposed resolution. Resolution 98-121
 
 

WATER QUALITY PETITION

23. In the Matter of the Petition of Las Virgenes Municipal Water District, Natural Resources Defense Council, et al. for Review of Waste Discharge Requirements Orders 97-135 and 98-030, NPDES Permit No. CA0056014, Issued by the California Regional Water Quality Control Board, Los Angeles Region. SWRCB File A-1125 and 1125(a)
 
 

Tim Reagan, Office of Chief Counsel, presented the item noting revisions to the proposed order since the workshop discussion.
 
 

Mr. Beckman addressed the Board and referred to proposed revisions contained in the November 16 letter from NRDC and Heal the Bay. Messrs. Peterson, Leon, Colbaugh and Orton also addressed the Board.
 
 

Following the presentations, the Board discussed the language revisions submitted by NRDC and Heal the Bay. The Board directed that Conclusion No. 1 be amended to read: "1. The Regional Water Board was reasonable in concluding that Tapia's discharge contributes to lagoon flooding and that a discharge prohibition was appropriate. The 'natural' closure exception was permissible to address lagoon flooding (see Order at 8, line 9) because the lagoon must close before it can be artificially breached. However, in light of our conclusion that Tapia's discharge during the dry season may constitute between 15-25 percent of the flow in the creek on average, the Regional Water Board also must consider whether the flexible, 'natural' closure prohibition--as opposed to a fixed dry season flow prohibition--is an adequate step to address public health problems associated with an open lagoon."
 
 

Motion: The Board unanimously adopted the proposed order as revised.

Water Quality Order 98-11-UST
 
 

WATER RIGHTS

24. Consideration of a Proposed Order Regarding Petitions for Reconsideration of Order WR 98-05, Which Requires Stream Restoration and Waterfowl Habitat Restoration Measures in the Mono Lake Basin.
 
 

Harry Schueller, Division of Water Rights, presented the item referring to the two proposed orders: (1) Draft #1 responds to the issues raised in the petitions for reconsideration, and (2) Draft #2 contains modifications to Order WR 98-05 as proposed in the November 13 letter from Mr. Birmington .
 
 

Chairman Caffrey directed that Draft #2 be considered first by the Board. The Chairman also requested that each of the parties addressing the Board answer two questions: (1) if Draft #2 were adopted as proposed would you agree to dismissal of all other issues raised in the petitions for reconsideration; and (2) would you take the necessary action for the SWRCB to be dismissed as a party in the Mono Lake Water Rights Cases?
 
 

Messrs. Collins, Cahill, Birmingham and Dodge addressed the Board and each answered both questions in the affirmative.
 
 

Following discussion of the proposed order, the Chairman asked for a motion.
 
 

Motion: It was moved to adopt Draft #2 as proposed.
 
 

Messrs. Attwater, Frink, Birmingham, Collins and Dodge responded to questions from the Board

regarding the monitoring requirements.
 
 

The Chairman called for a roll call vote.
 
 

James M. Stubchaer Yes

Mary Jane Forster Yes

Marc Del Piero Yes

John W. Brown Yes

John Caffrey Yes
 
 
 
 

CLEAN WATER PROGRAMS

25. In the Matter of the Petition of UNOCAL Corporation for Review of Denial of a Petroleum Underground Storage Tank Site Closure at 7290 Monterey Street, Gilroy, California.
 
 

James Giannopoulos presented the item noting that responsible parties have had time to review the concerns expressed at the September workshop discussion.
 
 

Messrs. Davis, Garner, Neimiec and Wau Luh addressed the Board. (Note: Mr. Luh presented the Board a copy of a June 17, 1997 letter from UNOCAL regarding the site)
 
 

Mr. Giannopoulos and Nemic responded to questions.
 
 

Motion: By roll call vote the Board adopted the proposed order.

Water Quality Order 98-12-UST
 
 

Roll call vote:
 
 

John W. Brown Yes

James M. Stubchaer Yes

Marc Del Piero No

Mary Jane Forster No

John Caffrey Yes
 
 
 
 

The Board announced a lunch recess, that the meeting would reconvene at 2 p.m. for Item 26 and that Item 21 would be considered at 2:30 p.m.
 
 

JIM STAFFORD AWARD

26. Presentation of Jim Stafford Administrative Excellence Award to Kathy Althaus.
 
 

ADJOURNMENT

The Chairman adjourned the meeting at 3:10 p.m.