STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING MINUTES

September 18, 1997

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, on September 18,1997, at 9:05 am, in the First-Floor Hearing Room, 901 "P" Street, Sacramento, California

BOARD MEMBERS PRESENT

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

BOARD MEMBERS ABSENT

None

STAFF PRESENT

Walt Pettit, William Attwater, Maureen Marché, Erin Saenz, Craig Wilson, Ken Harris, Paul Lillebo, Daniel Frink, Kathy Mrowka, Barbara Leidigh, Ross Swenerton.

OTHERS PRESENT

Jean & Kenneth Fortenbery; Watsonville, Ron Iverson; Klamath Falls Fisheries Task Force, Stephen Kaffka; Tulelake Irrigation District & UCD, Richard Hajas, General Manager; Camrosa Water District, Cliff Schulz, Counsel and Bill Becker, General Manager; Calaveras County Water District, John Herrick; South Delta Water Agency, Sandra Dunn; NCPA, Stuart Somach; City of Thousand Oaks, Nancee Murray, Counsel; DFG.

PUBLIC FORUM

Jean & Kenneth Fortenbery of Watsonville, addressed the Board regarding their frustration with seeking closure of their underground storage tank.

MINUTES

The Board unanimously adopted the minutes of the August 21, 1997 Board Meeting.

UNCONTESTED ITEMS

Items 1-11 were unanimously approved by the Board as recommended by staff.

CONFLICT OF INTEREST CODE

1A. Consideration of a Resolution Adopting the Revised Appendix to the Conflict of Interest Code.

Motion: The Board unanimously adopted the proposed resolution approving the amendments. Resolution 97-073

CLEAN WATER PROGRAMS

1B. Consideration of Approval of a State Revolving Fund (SRF) Loan for Wastewater Treatment Plant Facilities Improvement Project, City of Auburn, SRF Loan Project No. C-06-4471-110.

Motion: The Board unanimously adopted the proposed resolution approving the $9.85 million loan. Resolution 97-074

2. Consideration of Proposed Resolution Amending the Underground Storage Tank (UST) Cleanup Fund Priority List Amendment No. 45.

Motion: The Board unanimously adopted the proposed resolution approving the

amendments. Resolution 97-075

3. Consideration of Adoption of the Federal Fiscal Year 1998 State Revolving Fund Project Priority List.

Motion: The Board unanimously adopted the proposed resolution approving the FFY 1998 SRF Loan Program Project Priority List. Resolution 97-076

4. Consideration of Approval of a State Revolving Fund Loan for the City of Colton Wastewater Treatment Plant Expansion and Renovation for Hydraulic Reliability, State Revolving Fund (SRF) Loan Project No. C-06-4251-110.

Motion: The Board unanimously adopted the proposed resolution approving the $8.1 million loan. Resolution 97-077

5. Consideration of the Environmental Technology Certification (ETC) Pilot Policy to Implement AB 1943, as well as Designating the Chairperson of the SWRCB to Execute Certification as it is Described in the Policy.

Motion: The Board unanimously adopted the proposed resolution to implement the policy. Resolution 97-078

6. Consideration of Approval of a State Revolving Fund (SRF) Loan for the City of San Diego Point Loma Digesters 7 and 8 and Gas System Upgrade Project, SRF Project No. C-06-4383-110.

Motion: The Board unanimously adopted the proposed resolution approving the $10.9 million loan. Resolution 97-079

7. Consideration of Addition of the Hilmar Water District to the Small Community Grant Program Project Priority List.

Motion: The Board unanimously adopted the proposed resolution amending the SCG List to include Hilmar Water District. Resolution 97-080

8. Consideration of Approval of a $508,000 State Revolving Fund (SRF) Loan for the Santa Ynez Community Services District Sewer Collection System Project , SRF Loan No. C-06-4357-110.

Motion: The Board unanimously adopted the proposed resolution. Resolution 97-081

9. Consideration of a Request From Central Valley Regional Board for $1.2 million from the State Water Pollution Cleanup and Abatement Account to Continue Monitoring and Project Maintenance at Walker Mine for the Next Ten (10) Years.

Motion: The Board unanimously adopted the proposed resolution approving the account funds. Resolution 97-082

WATER QUALITY

10. Consideration of Approval of a Resolution Authorizing the Executive Director, or His Designee, to Accept a Clean Water Act (CWA) Section 104(b)(3) Grant for $338,750 to Fund One Statewide and Two Regional Wetlands Protection Programs.

Motion: The Board unanimously adopted the proposed resolution. Resolution 97-083

11. Consideration of Approval of an Amendment to the Water Quality Control Plan for the San Diego Basin Revising Beneficial Use Designations for Spawning/Reproduction and/or Early Development and Cold Freshwater Habitat.

Motion: The Board unanimously adopted the proposed resolution approving the amendment. Resolution 97-084

ENFORCEMENT POLICY

12. Amendment of Enforcement Policy.

Craig Wilson, Office of the Chief Counsel, presented the item and responded to comments received from Tri-TAC and Heal The Bay. Mr. Wilson recommended approval of the revision to the Enforcement Policy and associated Guidance to define the types of violations of water quality laws that are considered to be minor in nature.

Motion: The Board unanimously adopted the proposed resolution approving the amendment to the Enforcement Policy and Guidance Document. Resolution 97-085

WATER QUALITY

13. Consideration of Approval of the Nunc Pro Tunc Amendment to the Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan).

(This item was postponed)

14. Consideration of a Resolution Approving Acceptance of the Federal Fiscal Year 1998 Federal Clean Water Act Section 319(h) Grant and Project Priority List and Authorizing Execution and Amendment of Contracts to Implement the Projects.

Ken Harris, Division of Water Quality, presented the item, noting the funding options in response to direction given at the September 3 workshop discussion. Mr. Harris recommended approval of Option #1.

Motion: The Board unanimously adopted the Noncompetitive List and Option #1 for funding for the Competitive List. The Board further directed that when we are notified of the exact funding to be received, if the amount is less than estimated the Executive Director is to poll the Board to see if they wish to "revisit" the issue. Resolution 97-086

15. Consideration of Approval of the Clean Water Act Section 205(j) Phase XII Water Quality Management Planning Project Priority List.

Paul Lillibo, Division of Water Quality, presented the item, recommending adoption of the proposed priority list and noted that there will probably only be enough funding for the top five projects.

Motion: The Board unanimously adopted the proposed priority list. Resolution 97-087

WATER RIGHTS

16. Consideration of a Proposed Decision Regarding Application 29408 and Wastewater Change Petition No. WW-6 of the City of Thousand Oaks and Availability of Unappropriated Water for Applications 29816, 29819, 29829, 29581, 29959, 30037, 30092 and 30194 Which Involve the Following Applicants: Fitzgerald Ranch, Stanley and Sandra Goldberg, B-H Farms, Robert B. Lamb, et al., Lena M. Jones Trust, Richard Rogers, et al., Stanley and Sandra Goldberg and Camrosa Water District, on Arroyo Conejo, Conejo Creek and Calleguas Creek in Ventura County.

Kathy Mrowka, Division of Water Rights, presented the item recommending adoption of the proposed decision, including the September 18 revisions submitted by staff. Ms. Mrowka also noted comments received from the City of Thousand Oaks and Calaveras County Water District.

Daniel Frink, Office of the Chief Counsel, also addressed the Board commenting on the proposed revisions to the Decision.

Stuart Somach, Nancee Murray, and Richard Haja addressed the Board.

Motion: By roll call vote the Board unanimously approved the decision as revised.

WR Decision 1638

Roll Call James Stubchaer Yes

Marc Del Piero Yes

John W. Brown Yes

Mary Jane Forster Yes

John Caffrey Yes

17. Proposed Order Regarding Petitions For Change and Petitions for Extension of Time for Water Right Permits 15013, 15015, 15017, 15018, and 15024 (Applications 11792B, 12910, 12912, 13091 and 19149) of Calaveras County Water District--North Fork Stanislaus River and Its Tributaries in Calaveras County.

Kathy Mrowka, Division of Water Rights, presented the item, recommending approval of the proposed order conditionally approving the petitions for change and extension of time.

John Herrick, Cliff Schulz (submitted written suggested changes), Sandra Dunn (submitted a statement), and Nancee Murray addressed the Board.

Following discussion of the suggested changes, the Board agreed to the following revisions:

Page 46, Conclusion No. 7 -- delete the phrase "...that are within the watershed of the Stanislaus River, plus the service area of the slurry pipeline".

Page 47, Order No. 2 -- delete the phrases "...such places of use are restricted to the Stanislaus River watershed except as specified herein for the service area of the slurry pipeline." "...except that parts of these sections other than the slurry pipeline that are outside of the Stanislaus River watershed are excluded from the place of use."

Page 48, new footnote 8 at the end of Order No. 3 -- "The permittee and the Northern California Power Agency have agreed that no more than a total of 5,000 afa of water may be used within the service area before 2009. See finding 3.0. This footnote will not appear in the permit."

Motion: By roll call vote the Board unanimously adopted the proposed order, as revised.

WR Order 97-05

Roll Call Mary Jane Forster Yes

James Stubchaer Yes

Marc Del Piero Yes

John W. Brown Yes

John Caffrey Yes

18. Proposed Order On Reconsideration Upholding Revocation Of Permit 15012 (Application 11792A) Of Calaveras County Water District And Establishing Policy For Future Applications For Water From the Calaveras River Watershed Above New Hogan Dam.

Kathy Mrowka, Division of Water Rights, presented the item, recommending adoption of the order.

Cliff Schulz and Bill Becker, addressed the Board

Motion: The Board unanimously approved the order. WR Order 97-06.

(Note: Board Vice- Chair James M. Stubchaer was absent for the vote)

ADJOURNMENT

The Chairman adjourned the meeting at 12:00 noon and announced the meeting would reconvene at 1:30 p.m. to present customer service awards.