NOTICE OF PUBLIC MEETING
Monday, August 31, 2009, 8:30 a.m.
[See last page for location map]
The meeting
will be conducted by teleconference.
Staff and some Board members will be present at the main meeting
location at the Board’s offices in
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Moss Landing Harbor District Offices Conference Room Moss |
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Scotts Valley Water District Offices Conference Room 2 Civic Center Drive Scotts |
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Staff will review and
transmit all written material to the Board Members received by Monday 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
7-9 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.
Monday, August 31, 2009, 8:30 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 July 10, 2009 Meeting Minutes........................................................... Board
Motion
4. Report
by State Water Resources Control Board Liaison....................................... Status
Report
[Frances
Spivy-Weber 916/341-5615]
Uncontested
Items
5. Uncontested
Items Calendar.................................................................................. Board
Motion
(Agenda Item
numbers 7, 8, and 10 through 14 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).
Low Threat and
General Discharge Cases
6. Low
Threat and General Discharge Cases...................... Information/Discussion/Board
Approval
General
Waste Discharge Requirements for Discharge of Winery Wastes
Small Winery Waivers [Tom Kukol
805/549-3689]
General
Waiver of Waste Discharge Requirements for Specific Types of Discharges
Aera Energy LLC
Test Well Pumping, San Ardo,
Cleanup Cases
7.* Staff Closures..................................................................................................................Information
Tosco 76 Service Station No. 5798, 2015 Broad Street, San Luis Obispo,
San Luis Obispo County [Corey Walsh 805/542-4781]
8.* Recommended Case Closures...................................................................................Board Approval
Former Chevron 9-0796, 4991 Carpinteria Avenue, Carpinteria,
Santa Barbara County [John Mijares, 805/549-3696]
Former Pillsbury Green Giant Facility, 735 West Beach Street, Watsonville,
Santa Cruz County [John Mijares 805/549-3696]
Arco Service Station No. 5562, 6100 San Anselmo Road, Atascadero,
San Luis Obispo County [Corey Walsh 805/542-4781]
Enforcement
9. Enforcement
Report [
Waste Discharge Requirements
10.* Garren
Property,
(Waiver of Waste Discharge Requirements for Alternative/Engineered
Onsite Wastewater System) [Matthew Keeling 805/549-3685]
11.*
(Rescission of
Order No. 95-34) [Tom Kukol 805/549-3689]
12.* Housing Authority of
(Update of Waste Discharge Requirements)
[Mike
Higgins 805/542-4649]
Permits
13.* Rescission of NPDES Permit/Waste Discharge
Requirements......................... Order
No. 94-99
Neary Lagoon, City of
(Rescission of Order No. 95-34) [Mike Higgins 805/542-4649]
14.* Dynegy, Moss Landing Power Plant,
(Renew Waste
Discharge Requirements for Hazardous
Waste Surface Impoundments) [David
Schwartzbart 805/542-4643]
Administrative Items
15. 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.]
16. 2010 Board
Meeting Calendar [Roger Briggs 805/549-3140]................................ Board
Motion
17. Reports by
18.
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 July 1, 2009 through August 5, 2009. 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]
Administrative
Reports
Presentations
and Training [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:
- Voices of the Wetlands, et al, v. Regional Water
Quality Control Board (
- Los Osos Community Services District v.
- Los Osos CSD v.
- Los
Osos Community Services District (Bankruptcy), Central District of
- Maxine Heim v.
- Ken
Berry, et al. v.
- Prohibition
Zone Legal Defense Fund, et al., v.
- Petition of the Natural Resources Defense Council (
- Petition of NRDC et al. (
- Petition of Bob Rudolph Enterprises, Inc. (Cleanup and Abatement Order No.
R3-2006-0081), SWRCB/OCC File Nos. A-1766 and A-1343;
- Petition of Desal Response Group (Ocean View CSD
Desalination Facility,
- 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.
- Petitions
of City of
- 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]. 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, October 23, 2009 in
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Date |
City |
Address |
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Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
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March 19-20, 2009 |
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Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
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(Offsite) |
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San Luis
Yacht Club 443 Front Street (on pier), Avila Beach, CA 93424 |
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August 31,
2009 |
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Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
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October 23, 2009 |
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Santa Barbara County Supervisors
Board Hearing Room |
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December 10, 2009 |
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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
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, UST/Cleanup/Point source 805-549-3761
Chris Rose,
TMDLs/Non-point Source 805-542-4770
Phil Hammer,
Storm Water/Timber/401 805-549-3882
Angela Schroeter, Basin Planning/Agriculture 805-542-4644
Karen Worcester, Regional Monitoring/Assessment 805-549-3333
Alison
Jones, Agriculture 805-542-4646
Please email, send, or
fax correspondence to:
Phone: 805-549-3147
Fax: 805-543-0397
Email: centralcoast@waterboards.ca.gov
CENTRAL
COAST
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Board
Member |
Appointment
Category |
Term Expires |
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John H. Hayashi Arroyo
Grande |
Irrigated Agriculture |
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David T. Hodgin |
Water Quality |
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Monica S. Hunter Los Osos |
Public |
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Russell M. Jeffries Vice-Chair, Salinas |
Industrial Water Use |
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Thomas P. O’Malley |
Municipal Government |
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Gary C. Shallcross |
Recreation, Fish or Wildlife |
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Jeffrey S. Young Chair, |
Water Supply |
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VACANT |
Water Quality |
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VACANT |
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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
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:
http://www.waterboards.ca.gov/centralcoast/resources/docs/board_meeting_conduct.pdf
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.
P - The Board may conduct any scheduled hearing as a Panel Hearing as
allowed by law in the event of a lack of a Board member quorum. In the event that a Panel Hearing is held,
final action on that item will not be taken until a Board member quorum is
present. The Board generally will not
accept additional public comment or testimony after the Panel Hearing, unless
the proposed order is substantially changed.
(Water Code Section 13228.14, gov. Code Section 11125.7)
San Luis
Obispo, CA 93401
Phone: 805-549-3147
-N-
-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.