NOTICE OF PUBLIC MEETING
Thursday, December 4, 2008 9:30 a.m. and Friday, December 5, 2008, 8:30
a.m.
[See last page for location map]
Staff will review and
transmit all written material to the Board Members received by Wednesday of
the week prior to the Board meeting, 5:00 p.m., or by any earlier due date
required in a hearing notice for a specific agenda item. Please see the Conduct of Meeting section on Pages
9-11 and below, for the Central Coast Water Board’s procedures for accepting
late submittals.
The Board and staff
welcome 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 the
appropriate action. Whenever possible,
lengthy testimony should be presented to the Board in writing and only a
summary of pertinent points presented verbally.
In order to give everyone an opportunity to be heard, comments should
have been previously submitted in writing and a time limit on presentations
may be imposed on any agenda item.
Speakers should plan to summarize their key points as much as
possible. The Chair will allocate time
to individual speakers according to the number of speakers present. For scheduling purposes, requests for
extended speaking times should be submitted to staff as soon as possible after
the agenda is mailed. The Chair will
decide whether to grant such requests, and staff will let the speakers know if
the Chair granted the request. The Chair
may change the order of the agenda items at any time. The Public Forum is for topics not listed on the agenda that are pertinent to water quality.
Thursday, December 4, 2008, 9:30
a.m.
1. Roll Call [Carol Hewitt 805/549-3503].................................................... Board
Members Present
2. Introductions [Roger Briggs 805/549-3140]......................................... Guests
and Staff Present
3. Approval of October 17, 2008 Meeting Minutes..................................................... Board
Motion
4. Report by State Water Resources Control Board
Liaison....................................... Status
Report
[Gary
Wolff 916/341-5607]
Low Threat
and General Discharge Cases
5. Low
Threat and General Discharge Cases...................... Information/Discussion/Board
Approval
ExxonMobil Las
[Ryan Lodge 805/549-3506]
General Waiver of Waste Discharge
Requirements for Specific Types of Discharges
Martella Property Site,
[Wei Liu 805/ 542-4648]
Thrifty
Station No. 202,
[John
Mijares 805/549-3696]
Cleanup Cases
6. Recommended Closures................................................................................... Board Approval
7. Staff Closures......................................................................................................... Information
YMCA
8. Corrective Action Plan
Approvals....................................................... Info/Discussion/Direction
Corrective Action Plan
Approvals
Chevron/Venoco Oil and Gas Facility,
Carpinteria,
[Rich
Raytheon, 75 Coromar,
[Katie DiSimone 805/542-4638]
Franzke
Residence, 17 Gaffey Road,
[John Mijares
805/549-3696]
Corrective Action Plan
Approvals/General Waiver Enrollments
Former Methamphetamine Production Lab,
Former All-American Cleaners Property, 413 N. Broadway,
9. Underground Storage Tank
Program & MTBE Cases........................................... Status
Report
Chevron Service Station,
[John Mijares 805/549-3696]
Road at
Quik Stop Market No. 78,
[Tom Sayles 805/542-4640]
Enforcement
10. Cambria Winery,
LLC,
(Adopt Administrative Civil Liability Order)
[Todd Stanley 805/542-4769]
Permit
11. Morro Bay/Cayucos
Wastewater Treatment Plant ............................. Order
No. R3-2008-0065
(Continued
Hearing to Reissue NPDES Permit No. CA0047881)
[David LaCaro
805/549-3892]
Enforcement
12. [THIS ITEM WAS
REMOVED FROM THE AGENDA]
13.
(Adopt Administrative Civil Liability Order)
[Todd
Stanley 805/542-4769]
Status Reports
14. Department
of Defense Cleanup Program Update............................................... Status
Report
[Don Eley 805/542-4626 and Grant Himebaugh 805/542-4636]
15. Land
Disposal Program Update............................................................................ Status
Report
[Thea Tryon 805/542-4776]
16. ConocoPhillips Nipomo Creek
Crude Oil Pipeline Release, Nipomo,
17. Olin
Corporation,
[Hector Hernandez 805/542-4641]
*********************************
Friday, December 5, 2008, 8:30 a.m.
18. Roll Call [Carol Hewitt
805/549-3503]..............................................Board
Members Present
19. Introductions [Roger Briggs
805/549-3140]...................................Guests
and Staff Present
Enforcement
20. Agro-Jal Farms,
(Adopt Administrative Civil Liability Order)
[Todd Stanley
805/542-4769]
Uncontested
Items
21. Uncontested
Items Calendar (After 9:30 a.m.).................................................... Board
Motion
(Agenda Item numbers
23, 28-33, and 36 with a single asterisk (*), are expected to be routine
and non-controversial. Recommended action on these items will be taken at the
beginning of the meeting without discussion.
If any Interested Person, Board Member, or the Executive Officer
requests that an item be removed from the calendar, it will be taken up in
order).
Stormwater
22.
[Jennifer Epp
805/594-6181]
Permits
*23. Spectra-Mat, Inc.,
(Rescind
NPDES Permit No. CA0048976) [Thea Tryon 805/542-4776]
and
Aquariums(Reissue NPDES Permit No.
CAG993003)
[Ryan
Lodge 805/549-3506]
Waste
Discharge Requirements
25.
(Continuation of Hearing to Adopt Waste Discharge
Requirements))
[Mike Higgins
805/542-4649]
26. Moeller Residence,
Carmel Highlands. Monterey County (After 10:45 a.m.) ........... Resolution No. R3-2008-0061
(Waiver of Waste Discharge Requirements for Alternative
Onsite Wastewater Disposal System)
[Matthew Keeling 805/549-3685]
27. Moeller Residence,
Carmel Highlands. Monterey County (After 10:45 a.m.)............ Resolution
No. R3-2008-0060
(Waiver of Waste Discharge Requirements for Alternative
Onsite Wastewater Disposal System)
[Matthew Keeling 805/549-3685]
* 28. Pajaro Valley Water Management Agency (User) and City of
(Adopt Master Reclamation Permit) [Mike Higgins 805-542-4649]
*29. Paso Robles Class III Landfill,
(Revise Waste Discharge Requirements)
[Dean
Thomas 805/549-3690]
*30... Hollister DWTP and Reclamation
Facility,
(Adopt Master
Reclamation Permit) [Cecile
DeMartini 805/542-4782]
*31. Gibson Farms Dry Yard,
(Rescind Waste Discharge
Requirements and Enroll under
General Order for Discharges of
Fruit and Vegetable Wastes)
[Cecile DeMartini 805/542-4782]
*32.
(Adopt Waste Discharge Requirements)
[Cecile DeMartini 805/542-4782]
*33. Verissimo Residence,
(Waiver of Waste Discharge Requirements for Onsite Domestic
Mounded Septic Disposal System) [Cecile DeMartini 805/542-4782]
Cleanup Site
34.
[Dan
Enforcement
35. Enforcement
Report [
*36... City of
....... (Rescind Cease
and Desist Order No. R3-2002-0105)
........ [Cecile DeMartini 805/542-4782]
Administrative Items
37. Public
Forum..................................................................................................... Board
Direction
[Any person may address the 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. Any person wishing to make a
longer presentation should contact the Executive Officer at least one week
prior to the meeting (the Thursday before a Thursday meeting). Comments
regarding matters that are scheduled for a future meeting will be restricted.]
38.
Appointment
by the Chair of Board Panels for Administrative Civil Liability
Hearings [Roger
Briggs 805/549-3140]................................................................ Board
Motion
39. Reports
by
40.
Executive Officer’s Report [Roger Briggs 805/549-3140]..................... Information/Discussion
Water Quality Certifications
[A chart is provided in the agenda
listing the applications received from September 1, 2008 through October 31,
2008. A listing of pending applications for
Water Quality Certifications pursuant to Section 401 of the Clean Water Act may
be obtained by calling Matt Thompson at 805/549-3159]
Regional
Reports
Septage Management [Sorrel Marks 805/549-3695]
Irrigated Agriculture Program Update [Alison Jones
805/542-4646]
Status of Municipal Stormwater
Regulation [Matt Thompson 805/549-3159]
Administrative
Reports
Presentations
and Training [Roger Briggs 805/549-3140]
Budget
Status [Roger Briggs 805/549-3140]
Closed Session
Discussion
of Cases in Litigation [Sr. Staff Counsel Frances McChesney].......... Closed Session
The Board will meet in closed
session to discuss pending litigation, as authorized by Government Code (GC) Section
11126[e][2][A], in the cases of:
1.
Voices of the Wetlands, et al, v. Regional Water Quality
Control Board (
2.
Birkey et al. v.
Olin Corporation et al. (
3.
Los Osos Community Services District v.
4.
5.
Los Osos CSD v.
6. Los Osos Community Services District (Bankruptcy),
Central District of
7.
Ken
Berry, et al. v.
8. Prohibition Zone Legal Defense Fund, et al., v.
9.
Petition of the Natural Resources Defense Council (
10. Petition of
NRDC et al. (
11. Petition of
Bob Rudolph Enterprises, Inc. (Cleanup
and Abatement Order No. R3-2006-0081), SWRCB/OCC File Nos. A-1766 and A-1343;
12. Petition of
Desal Response Group (Ocean View CSD Desalination Facility,
13. Maxine Heim v.
14. Petitions of
Cambria Community Services District (Chevron Service Station No. 9-0919 under
General Permit No. 01-134), SWRCB/OCC File Nos. A-1462 and A-1462a.
15. Petitions
of City of
The Board may discuss significant exposure to litigation as
authorized by GC Section 11126[e][2][B].
The Board may also decide whether to initiate litigation as authorized
by GC Section 11126[e][2][C]. The Board
is not required to allow public comment on closed session items. (See GC
Section 11125.7(d).
Deliberation
on Decision after Hearing................................................................ Closed
Session
The Board may also meet in Closed Session to deliberate on a
decision to be reached based upon evidence introduced in a hearing, as
authorized by GC Section 11126(c) (3).
Personnel
Issues................................................................................................ Closed
Session
The Board may
meet in closed session to discuss the appointment, evaluation of performance,
or dismissal of a public employee or to hear complaints or charges brought
against that employee by another employee unless the employee requests a public
hearing. (This closed session is authorized under Government Code section
11126, subd. (a)(1).)
Adjournment
The next scheduled Board meeting will be held on Friday,
February 6, 2009 in
|
Date |
City |
Address |
|
December 4-5, 2008 |
|
Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
|
February 6, 2009 |
|
Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
|
March 20, 2009 |
|
200 Lincoln Avenue, Salinas, CA 93901 |
|
May 8, 2009 |
|
Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
|
June 3, 2009 (Offsite) |
|
Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
|
July 10, 2009 |
|
|
|
September
4, 2009 |
|
Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
|
October 16, 2009 |
|
Santa Barbara County Supervisors
Board Hearing Room |
|
December 11, 2009 |
|
Central
Coast Water Board Conference Room 895
Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906 |
LEAD STAFF PERSONS
Roger W. Briggs, Executive Officer 805-549-3140
Michael
Thomas, Assistant Executive
Officer/Ombudsman 805-542-4623
Carol
Hewitt, Executive Assistant 805-549-3503
Cyndee
Jones, Regional Administrative Officer 805-549-3372
Frances McChesney,
Senior Staff Counsel 916-341-5174
Harvey
Packard, Section Manager/Land Use 805-542-4639
Lisa
Horowitz McCann, Section Manager/Aquatic
Habitat 805-549-3132
John Robertson, Section Manager/Groundwater Protection 805-542-4630
Sheila
Soderberg, Site Cleanup Program/Dept. of Defense Sites 805-549-3592
Thea
Tryon, Land Disposal/Perchlorate Sites 805-542-4776
Chris
Adair, UGT/Cleanup 805-549-3761
Chris Rose,
TMDLs/Point Source 805-542-4770
Matt
Thompson, Storm Water/Timber/401 805-549-3159
Angela Schroeter, Grants/TMDL/Basin Planning 805-542-4644
Karen Worcester, Regional Monitoring/Assessment 805-549-3333
Alison
Jones,
Please email, send, or
fax correspondence to:
Phone: 805-549-3147 Fax: 805-543-0397
Email: centralcoast@waterboards.ca.gov
CENTRAL
COAST
|
Board
Member |
Appointment
Category |
Term Expires
|
|
John H. Hayashi Arroyo
Grande |
Irrigated Agriculture |
9/30/2011 |
|
David T. Hodgin |
Water Quality |
9/18/2010 |
|
Monica S. Hunter Los Osos |
Public |
9/30/2012 |
|
Russell M. Jeffries Vice-Chair, Salinas |
Industrial Water Use |
9/30/2012 |
|
Gary C. Shallcross |
Recreation, Fish or Wildlife |
9/18/2010 |
|
Jeffrey S. Young Chair, |
Water Supply |
9/30/2009 |
|
VACANT |
Water Quality |
9/30/2012 |
|
VACANT |
Municipal Government |
9/30/2009 |
|
VACANT |
|
9/30/2011 |
CONDUCT OF MEETING AND HEARING PROCEDURES
A - The primary duty of the
B - The purpose of the meeting
is for the Board to obtain input from concerned and affected parties and make
decisions after considering the recommendations made by the Executive
Officer. The Board will vote only on matters
listed on the agenda as action items.
The Board may give direction to the Executive Officer on any matter
discussed during the meeting.
C - Agenda items are numbered for identification
purposes and will not necessarily be considered in the order listed.
D - RULES FOR LATE SUBMISSION
OF WRITTEN MATERIALS: This paragraph
applies only if there are no deadlines for written evidence, testimony or
comments in a separate hearing notice for an item. Written material received after the due date
on the first page of the agenda and before noon on the Monday of board meeting
week generally will not be provided to Board members until the day of the
meeting, but will become part of the record unless the Chair rules that the
late submission would prejudice the Central Coast Water Board staff or any party. Written material received after noon on the
Monday of board meeting week will not be provided to Board members or become
part of the record, unless the Chair approves the late submission. The Chair will not approve a late submission
if doing so would prejudice any party (including
E - The Board and staff welcome
information on pertinent issues, but comments at the meeting should be brief
and directed to specifics of the case to enable the Board to take the
appropriate action. Lengthy testimony
should be presented to the Board in writing and only a summary of pertinent
points presented verbally. In order to
give everyone an opportunity to be heard, comments should have been previously
submitted in writing and a time limit on presentations may be imposed on any
agenda item. Speakers should plan to
summarize key points within three minutes.
You will need to receive approval from the Chair prior to meetings to
speak for longer than three minutes.
Please make your request to the Executive Officer at least one week
before the meeting.
F - Material presented to the Board, as part of
testimony (e.g., photographs, slides, charts, diagrams, etc.) must be left with
Executive Assistant Carol Hewitt.
Photographs or slides of large exhibits are acceptable. If you plan to use visual aids such as
PowerPoint, contact the
G - BOARD MEETING PRINCIPLES
AND CONDUCT: Any person who appears
before the Board has an obligation not to act abusively or discourteously. Zealous representation of your interest, or
the interest of a person or organization you represent, should be carried out
in a professional manner. Speakers
should not engage in derogatory conduct based on race, national origin,
religion, gender, sexual orientation, or similar characteristics of any
person. Speakers should always be civil
and courteous when communicating with Board members, staff, or other interested
persons. All speakers should be punctual
and prepared for all Board meeting appearances so that all matters may start on
time and proceed efficiently. The Board will
not delay proceedings to accommodate late arrivals. The same considerations
apply to members of the audience who choose not to address the Board.
The Board may refuse to
allow any person who engages in discourteous or disruptive conduct to
speak. In the event that any person or
group intentionally interrupts the orderly conduct of a meeting, the Board can
have the person or group removed from the meeting. In the event that order cannot be
restored by the removal of individuals who are interrupting
the meeting, the Board may order the meeting room cleared and continue in session. (Gov. Code § 11126.5.) The Board may
place reasonable limitations on taking still or video photographs or using
placards or signage if these disrupt the meeting.
The Board may also issue
contempt sanctions in adjudicatory proceedings.
"Adjudicatory proceedings" include all permitting, cleanup and
enforcement matters, but do not include basin planning. Any person is subject to the contempt
sanction in an adjudicatory proceeding, whether or not the person is a
"party" to the matter. The
Board can issue contempt citations for the following conduct: obstruction or interruption of the meeting or
hearing by any of the following: (1) disorderly, contemptuous, or insolent
behavior toward the Board; (2) breach of the peace, boisterous conduct, or violent
disturbance; or (3) other unlawful interference with the process or
proceedings. Conduct that is not in the
Boardroom but that is near the meeting or hearing can also give rise to
contempt sanctions. (Ca. Gov. Code
sections 11455.10-11455.30; Ca. Code of Civ. Proc. section 128.5; Cal. Code of
Regs, tit. 23, sections 648(b), 648.8.)
If the Board decides to
impose contempt sanctions, the process is as follows. The Board first makes findings that a person
should be cited for contempt. The
findings are then referred to a court.
The court will issue an order to the person(s) involved to appear before
the court and defend the contempt charge.
The court then may issue the same types of contempt penalties that would
apply in a civil court trial, or dismiss the matter. In addition, the Board can order payment of
attorney’s fees when any person engages in bad faith actions or tactics that
are "frivolous" or solely intended to cause unnecessary delay. In that case, the person engaging in the
improper conduct must pay the attorneys fees of any party that result from the
conduct. "Frivolous" means
totally and completely without merit, or for the sole purpose of harassing
another party (including Water Board staff).
An order to pay attorney’s fees takes effect immediately, does not
require court action, and cannot be petitioned to the State Water Board.
Public participation is very
important to the Board. Members of the
public should not be afraid to comment on matters before the Board, even if
they do not fully understand the applicable law. However, public participation is hampered by
an individual’s or a group’s disruptive conduct. It is not the intent of the Board to use its
contempt powers (including attorney’s fee orders) before providing a warning
and allowing an opportunity to correct the conduct and avoid contempt
proceedings. Additional information on
Board meeting conduct is available on our website:
H - HEARING RULES FOR CONTESTED HEARINGS IN
ADJUDICATORY MATTERS (WASTE DISCHARGE OR WATER RECYCLING REQUIREMENTS, NPDES
PERMITS, ADMINISTRATIVE CIVIL LIABILITY ORDERS AND INVESTIGATION OR ENFORCEMENT
ORDERS [CWC §§ 13267, 13300-13308, 13383]:
This section applies unless there are different requirements in a
hearing notice for an item. Designated
parties may request these procedures: to call and examine witnesses; to have
witnesses testify under oath; to receive a witness list from other designated
parties; to introduce exhibits; to cross-examine opposing witnesses; to impeach
any witness; to rebut the evidence against him or her; and to make opening or
closing statements. A request for these
hearing procedures must be received by the Executive Officer at least five
working days before the hearing, and must specify the procedures the designated
party is requesting.
Designated parties are any persons
named in the proposed order. Central Coast Water Board staff is a designated
party for administrative civil liability complaints, and for cease and desist
orders that establish monetary liability and that are not issued concurrently
with waste discharge requirements. All
other persons wishing to testify or provide comments are interested persons and
not designated parties. Such interested
persons may request status as a designated party for purposes of an item by
submitting such request in writing to the
I - The Board Chair may specify a time limit
for oral presentations and testimony. Board members may interrupt a
presentation with questions or comments.
The time for Board member questions and witnesses’ answers will not
count toward the time limit for a presentation.
J - A copy of the procedures governing Water
Board meetings may be found at Title 23,
K - All Board files, exhibits, and agenda
material pertaining to items on this agenda are hereby part of the record.
L - Any person affected adversely by a decision
of the Board, may petition the State Water Resources Control Board (State Water
Board) according to Water Code section 13320 and Title 23
M - The facility is accessible to people with
disabilities. Individuals who require
special accommodations are requested to contact John Goni (805/542-4628) at
least seven working days prior to the meeting.
TTY users may contact the
N - All persons who actively support or oppose
the adoption of waste discharge requirements or an NPDES permit pending before
the Central Coast Water Board must submit a statement to the Board disclosing
any contributions of $100 or more to be used in a federal, state, or local
election, made by the action supporter or opponent, or his or her agent within
the last 12 months to any Central Coast Water Board Member.
O - All permit applicants or persons who actively support or oppose adoption of a set of waste discharge requirements or an NPDES permit pending before the Central Coast Water Board, are prohibited from making a contribution of $100 (or more) to any Board Member for three months following a Central Coast Water Board decision on the permit application.
San Luis Obispo, CA 93401
Phone: 805-549-3147
-S-
Directions to
From Airport: turn left on
From 101 Southbound: take Los Osos Valley Rd. exit, turn left on Los Osos
Valley Rd., turn left on S. Higuera St., turn right on Tank Farm Rd., turn
right on Broad St. (227), turn right on Aerovista Place and park in first
parking lot on left.
From 101 Northbound: take Los Osos Valley Rd. exit, turn right on Los
Osos Valley Rd., turn left on S. Higuera St., turn right on Tank Farm Rd., turn
right on Broad St. (227), turn right on Aerovista Place and park in first
parking lot on left.