STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING MINUTES

January 22, 2004

Note: Copies of the orders, decisions, and resolutions mentioned in these minutes can be obtained from Debbie Irvin, State Water Resources Control Board, Post Office Box 100, Sacramento, California, 95812-0100; or call (916) 341-5600.

CALL TO ORDER

The meeting was called to order by Arthur G. Baggett, Jr., Chair, Thursday, January 22, 2004, at 10:00 a.m., in the Coastal Hearing Room, 1001 I Street, Sacramento, California.

BOARD MEMBERS PRESENT

Arthur G. Baggett, Jr., Peter S. Silva, Richard Katz, Gary M. Carlton and Nancy H. Sutley

BOARD MEMBERS ABSENT

None.

STAFF PRESENT

Celeste Cantú, Harry Schueller, Craig M. Wilson, Ted Cobb, Debbie Irvin, Stan Martinson, Sue Horn, Chris Beegan, Elizabeth Jennings, Karin Shine and Dan Frink

OTHERS PRESENT

Paul Helliker, Dept. of Pesticide Regulation; Harold Singer and Steve Blum, Lahontan RWQCB; Tom Pinkos, Frances McChesney, Phil Wyels, Jerry Bruns and Bill Croyle, Central Valley RWQCB; Mike Sexton, Exchange Contractors; David Cory, Des Jardins Ranches; Bill Thomas, Agriculture and South San Joaquin Water Suppliers\' Coalitions and Dow Agro; Tony Francois, California Farm Bureau; Aaron Ferguson, Northern California Water Association; Diane Rathmann; Michael Lozeau, Deltakeeper, NRDC, Ocean Conservancy, Environmental Protection Information Center, Sierra Club, San Francisco BayKeeper; Bill Jennings, DeltaKeeper; Jennifer Soloway, Central Valley RWQCB; Kamil Azoury, Richard Battles and Mr. Mihasian, Goleta Sanitary District; Vicki Clark and Hillary Hauser, Heal the Ocean

SUPERIOR ACCOMPLISHMENT AWARDS

Superior Accomplishment Awards were presented to Linda Dorn, Division of Water Quality and Alyson Lujano, Division of Administrative Services.

PUBLIC FORUM

No one addressed the Board.

MINUTES

The Board unanimously approved the minutes of the September 16, September 30, October 15 and November 19, 2003 Board meetings.

UNCONTESTED ITEMS

Item 1 was unanimously adopted as recommended by staff.

WATER QUALITY

1. Consideration of a Resolution Approving an Amendment to the Water Quality Control Plan for the Lahontan Region to Revise Waste Discharge Prohibition Exemption Criteria for the Mojave Hydrologic Unit.

Motion: The Board unanimously adopted the proposed resolution.
Resolution 2004 - 0001

2. Consideration of a Resolution Remanding the Amended Regional Toxic Hot Spot Cleanup Plans for Diazinon, Orchard Dormant Spray, Urban Pesticides, and Irrigation Return Flow Pesticides to the Central Valley Regional Water Quality Control Board. (Board Member Gary Carlton recused himself.)

Motion: The Board unanimously approved the resolution, as revised. 4 Votes to 0, with one abstention. Resolution 2004 - 0002

WATER QUALITY PETITIONS

3. In the Matter of the Petitions of Agricultural Water Quality Coalition, et al.; Deltakeeper, et al.; California Farm Bureau Federation; California Rice Commission; San Joaquin River Exchange Contractors Water Authority; Northern California Water Association and Ducks Unlimited, Inc.; Stevinson Water District for Review of Conditional Waiver of Waste Discharge Requirements for Discharges From Irrigated Lands, Resolution No. R5-2002-0201; Conditional Waiver of Waste Discharge Requirements for Discharges From Irrigated Lands, Resolution No. R5-2003-0105; Monitoring and Reporting Program for Coalition Groups, Order No. R5-2003-0826; Rescission of Prior Conditional Waivers, Resolution No. R5-2003-0102; Monitoring and Reporting Program for Individual Dischargers, Order No. R5-2003-0827; Monitoring Program Order No. R5-2003-0826; Rescission of Prior Conditional Waivers, Resolution No. R5-2003-0102; Monitoring and Reporting Program for Coalition Groups, Order No. R5-2003-0826; Monitoring and Reporting Program for Individual Dischargers, Order No. R5-2003-0827; Adoption of Negative Declaration, Resolution No. R5-2003-0103, Issued by the California Regional Water Quality Control Board, Central Valley Region. SWRCB/OCC Files A-1536, A-1536(a), A-1586, AND A-1586(a) through
A-1586(f).

Elizabeth Jennings, Office of Chief Counsel, presented the revised order noting revisions since the January 7, 2004 State Board Workshop.

Frances McChesney, Michael Sexton, David Cory, Bill Thomas, Tony Francois, Aaron Ferguson, Diane Rasmussen, Michael Lozeau, Bill Jennings, Tom Pinkos and Bill Croyle addressed the Board.

Motion: The Board unanimously adopted the proposed order as revised. WQ Order 2004 - 0003

4. In the Matter of the Petition of California Forestry Association for Review of Conditional Waiver of Waste Discharge Requirements for Discharges Related to Timber Harvest Activities in the Lahontan Region, Resolution No. R6T-2003-0001, Issued by the California Regional Water Quality Control Board, Lahontan Region. SWRCB/OCC File A-1546.

Karin Shine, Office of Chief Counsel, presented the revised order noting revisions since the January 7, 2004 Workshop discussion. The order has been modified to delete the directive requiring regional board staff to participate in the interagency cumulative effects workgroup. In addition, various typographical and terminological errors were corrected and an inadvertent reference to CEQA was deleted.

Michael Lozeau, DeltaKeeper, Sierra Club and Environment Protection Information Center addressed the Board.

Motion: The Board unanimously adopted the proposed order as revised. WQ Order 2004-0001

5. In the Matter of the Petitions of California Forestry Association; and Environmental Protection Information Center, DeltaKeeper, California Sportfishing Protection Alliance, Sierra Club California, and WaterKeepers Northern California (collectively EPIC) for Review of Conditional Waiver of Waste Discharge Requirements for Discharges Related to Timber Harvest Activities in the Central Valley Region, Resolution No. R5-2003-0005, Issued by the California Regional Water Quality Control Board, Central Valley Region. SWRCB/OCC Files A-1552 and A-1552(a).

Karin Shine, Office of Chief Counsel, presented the order. The order has been modified to delete the directive requiring regional board staff to participate in the interagency cumulative effects workgroup.

In addition, various typographical and terminological errors were corrected.

Motion: The Board unanimously adopted the proposed order. WQ Order 2004-0002

6. In the Matter of the Petition of Goleta Sanitary District for Review of Resolution No. R3-2002-0077 [NPDES No. CA0048160] Denying Certification and Concurrence in Reissuance of Goleta Sanitary District's Permit and 301(h) Waiver, Issued by the California Regional Water Quality Control Board, Central Coast Region. SWRCB/OCC File A-1494.

Dan Frink, Office of Chief Counsel, presented the proposed order that would remand the matter to the Regional Board for reconsideration. Board Member Katz inquired about rescinding SWRCB Order WQO 2003-0015, which was adopted on October 15, 2003 and which provided the State Board would address the issues raised by Goleta on its own motion. Mr. Frink and Mr. Wilson explained that the deadline for acting on Goleta's petition had passed. Therefore, rescission of Order WQO 2003-0015 would mean that the State Board would not consider the issues raised by Goleta, Goleta's petition would be deemed denied by operation of law, and Regional Board Resolution No. R3-2002-0077 would remain in effect. Board Member Katz moved to rescind Order WQO 2003-0015.

Jennifer Soloway, Kamil Azoury, Mr. Mihasian, Rick Battles, Vicki Clark, and Hillary Hauser addressed the Board.

Motion: By roll call vote the Board rescinded Order WQO 2003-0015. The Board took no action on the proposed order that would have remanded the matter to the Regional Board.

Roll call vote:

Nancy H. Sutley Yes

Richard Katz Yes

Gary M. Carlton No

Peter S. Silva No

Arthur G. Baggett, Jr. Yes

ADJOURNMENT

The Chairman adjourned the meeting at 2:00 p.m.