NOTICE OF PUBLIC MEETING
Thursday, March 20, 2008 at 1:30 p.m. and
Friday, March 21, 2008 at 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 8-10 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.
Thursday, March 20, 2008, 1:30 p.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 February 7-8, 2008 Meeting
Minutes............................................................ Board
Motion
4. Uncontested
Items Calendar............................................................................................ Board
Motion
(Agenda Item numbers 7,
9-13, and 26-30 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).
5. Report by
State Water Resources Control Board Liaison [Gary Wolff 916/341-5607]..... Status Report
6. Appreciation
for Improved Storm Water Treatment... Resolution
Nos. R3-2008-0031 & R3-2008-0032
(Recognize Housing Authority of
the
Systems and Planning
Association’s
[Roger Briggs 805/549-3140]
Permits
*7. Watkins-Johnson,
(Rescind Individual NPDES Permit
No. CA0049077 and Enroll
under General NPDES Permit No. CAG993002 for Discharges of
Highly Treated Groundwater) [Karyn Steckling 805/542-4642]
8.
(Peer
Review and Revisions to Five-Year Plan)
[Karen Worcester 805/549-3333]
*9.
(Reissue
NPDES Permit No. CA0047996) [Matt Keeling
805/549-3685]
*10.
(Reissue
NPDES Permit No. CA0048551) [Matt Keeling 805/549-3685]
*11. City of
(Revise
Monitoring and Reporting Program) [Michael Higgins 805/542-4649]
*12. City of Santa
Cruz WWTP,
(Revise
Monitoring and Reporting Program) [Michael Higgins 805/542-4649]
Waste Discharge Requirements
*13. Local Sewage Collection Agencies Tributary to
Water Pollution Control Agency WWTP,
(Rescind
Waste Discharge Requirements) [Matt Keeling 805/549-3685]
14. Kashfi
Residence Onsite Disposal System,
(Waiver
of Waste Discharge Requirements) [Matt Keeling 805/549-3685]
Enforcement
15. Enforcement Report [
**************************************************************************************************************************************
Friday, March 21, 2008, 8:30
a.m.
16. Roll
Call [Carol Hewitt 805/549-3503].............................................................. Board
Members Present
17. Introductions [Roger Briggs 805/549-3140]................................................... Guests
and Staff Present
Watershed Management and Basin Planning
18. TMDLs for Pathogens in
(Approve
Basin Plan Amendments) [Shanta Keeling 805/549-3464]
19. TMDLs for Pathogens in
Soquel Lagoon Watershed..................................... Order
No. R3-2008-0002
(Approve
Basin Plan Amendments) [Chris Rose 805/542-4770]
20. TMDLs for Pathogens in
Aptos Creek Watershed......................................... Order
No. R3-2008-0003
(Approve
Basin Plan Amendment) [Kim Sanders 805/542-4771]
Status Reports
21. Sediment Control Progress in
Santa Cruz
County
........................................................... Status
Report
(Update
on TMDL Implementation Actions for Roads,
Timber
Harvest, Storm Water Discharges)
[Katie McNeill 805/549-3336 and Julia
Dyer 805/594-6144]
Low Threat and General Discharge Cases
22. Low Threat and
General Discharge Cases................................ Information/Discussion/Board
Approval
General Waste
Discharge Requirements for Discharges of Winery Waste
Niner Wine Estates, Paso Robles,
General Waste Discharge
Requirements for Fruit and Vegetable Processing Waste
Classic Salads LLC,
Waiver
of Waste Discharge Requirements
City of
Cleanup
Cases
23. Cleanup Cases, Closures and Corrective Action
Plan Approvals...... Info/Discussion/Board
Direction
Staff Closed Cases
Former Illicit
Drug Production Lab, 270 Highway 183, Castroville,
[David
Schwartzbart 805/542-4643]
Corrective
Action Plan Approval
Marty Franich Chrysler Dodge Jeep,
[John Mijares 805/549-3696]
Cases
Recommended for Closure
Cavalli/Former Mobil Oil Station,
[John Mijares 805/549-3696]
24. Perchlorate
Cases,
Olin Corporation,
Whittaker Corporation,
BAE Systems,
MK Ballistics,
[Hector Hernandez
805/542-4641; Kristina Seley 805/549-3121]
25. Former Vapor Cleaners,
[Direct Staff Whether to Pursue Removing the Beneficial Use Designation
(Basin Plan Amendment) and Whether to
Consider Institutional Controls
as part of the Site Closure Strategy]
[Karyn Steckling 805/542-4642]
Waste
Discharge Requirements
*26. Former
Mission Linen/Ambassador Laundry,
(Waiver of Waste Discharge Requirements) [Thea Tryon
805/542-4776]
*27. Blossom
Hill Winery,
(Rescind Waste Discharge
Requirements) [Cecile
DeMartini 805/542-4782]
*28. Hillsdale Rock Company, Inc.,
(Rescind Waste Discharge
Requirements) [Cecile
DeMartini 805/542-4782]
*29. Premium Fresh Farms, LLC,
(Rescind Waste Discharge
Requirements) [Cecile
DeMartini 805/542-4782]
*30.
(Update Waste Discharge
Requirements) [Dean
Thomas 805/549-3690]
31. RMC
2006–2007 Timber Harvest,
(Conditional Waiver of Waste Discharge
Requirements)
[Julia Dyer 805/594-6144]
Administrative Items
32. Emergency, Abandoned, Recalcitrant Account
Priority List for
fffFiscal Year 2008-09............................................................................... Resolution No. R3-2008-0024
33. 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 January 1, 2008 through January
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 Dominic Roques at 805/542-4780.]
Watershed Reports
Cleanup Reports
Status Reports (Informational Updates; NOTE:
Board may give policy direction):
Underground Tanks Summary Report [Chris
Adair 805/549-3761]
Regional Reports
Total Maximum Daily Loads Report [Chris
Rose 805/542-4630]
34. 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 Friday before a Friday meeting). Comments regarding matters
that are scheduled for a future meeting will be restricted.]
Closed Session
Discussion
of Cases in Litigation [Senior 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.
4.
Los Osos Community Services District v.
5.
6.
Los Osos CSD v.
7. Los Osos Community Services District (Bankruptcy),
Central District of
8.
Ken
Berry, et al. v.
9.
Prohibition
Zone Legal Defense Fund, et al., v.
10. Petition of
the Natural Resources Defense Council (
11. Petition of
NRDC et al. (
12. Petition of
Bob Rudolph Enterprises, Inc. (Cleanup
and Abatement Order No. R3-2006-0081), SWRCB/OCC File Nos. A-1766 and A-1343;
13. Petitions of
Maxine Heim (CAO R3-2007-0030), SWRCB/OCC File Nos. A-1858 and A-1901;
14. Petition of
Desal Response Group (Ocean View CSD Desalination Facility,
15. Petition 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].
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, May
9, 2008 in
|
Date |
City |
Address |
|
February 7-8, 2008 |
|
Central Coast Water
Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906 |
|
March 20-21, 2008 |
|
200 Lincoln Avenue, Salinas, CA
93901 |
|
May 9, 2008 |
|
Central Coast Water
Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906 |
|
June 4, 2008 (Offsite) |
|
(Location to be determined) |
|
July 11, 2008 |
|
|
|
September 5, 2008 |
|
Central Coast Water
Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906 |
|
October 17,
2008 |
|
Santa Barbara County Supervisors
Board Hearing Room |
|
December 5, 2008 |
|
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/Perchlorate Sites 805-549-3592
Chris
Adair, Cleanup/UST 805-549-3761
Dominic Roques, Storm Water/Timber 805-542-4780
Chris Rose, TMDL/Point Source 805-542-4770
Matt Thompson, Permitting 805-549-3159
Angela Schroeter, Non-Point Source/Grants 805-542-4644
Karen Worcester, Regional
Monitoring/Basin Planning 805-549-3333
Alison Jones, Agricultural Program Coordinator 805-542-4646
Please send or
fax correspondence to:
Phone: 805-549-3147
Fax: 805-543-0397
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 |
9/30/2008 |
|
Russell M. Jeffries Vice-Chair,
Salinas |
Industrial
Water Use |
9/30/2008 |
|
Daniel M.
Press |
Water Quality |
9/30/2008 |
|
Gary C.
Shallcross |
Recreation,
Fish or Wildlife |
9/18/2010 |
|
Jeffrey S.
Young Chair, |
Water Supply |
9/30/2009 |
|
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.
-N-
-S-