NOTICE OF PUBLIC MEETING

Revised Agenda 7/22/16 (item 8 removed until a future date)

Revised - Item 8 removed until a future date

Thursday, July 28, 2016, 8:30 a.m. – 5:00 p.m.

Friday, July 29, 2016, 8:30 a.m. – 5:00 p.m.

 

Central Coast Water Board Hearing Room

895 Aerovista Place, Suite 101, San Luis Obispo

 

 

Thursday, July 28, 2016, 8:30 a.m.


Items are numbered for identification purposes only and may not be considered in order. Items scheduled for the first day of a multi-day meeting may be delayed or continued to the next day of the meeting.  Closed session items may be considered on either or both days.

 

BOARD BUSINESS

 

1.     Roll Call

[Tammie Olson, Clerk to the Board, 805/549-3140, Tammie.Olson@Waterboards.ca.gov]

 

2.     Introductions, Staff Recognition, and Awards

[John Robertson, Executive Officer 805/549-3140, John.Robertson@waterboards.ca.gov]

 

3.     Approval of the May 12-13, 2016, Board Meeting minutes

 

4.     Report by Regional Board Members

 

5.     Intentionally left blank

 

Discussion/Informational Items

 

6.     Process and Timing of Efforts to Replace or Renew the Agricultural Regulatory Order

[Harvey Packard, 805/542-4369, Harvey.Packard@waterboards.ca.gov ]

 

7.     Intentionally left blank

 

Watershed Management and Planning

 

8.     7/22/16 Item Removed from Agenda until a later date

     Total Maximum Daily Loads for Sediment Toxicity and Pyrethroid Pesticides in Sediment in the Lower Salinas River Watershed, Resolution No. R3-2016-0003

[Peter Meertens, 805/549-3869, Peter.Meertens@waterboards.ca.gov]

 

9. Amending the Water Quality Control Plan for the Central Coastal Basin to Revise Beneficial Use Designations and to Make Editorial Changes, Resolution No. R3-2016-0030

[Steve Saiz, 805/549-3879, Steve.Saiz@waterboards.ca.gov]

 

Public Forum

 

10.  Public forum will be heard directly after the lunch break, not before 1:30 p.m.  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 (3) 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.  Comments regarding pending adjudicatory matters will not be permitted.

 

Closed Session

 

11.  The Board may meet in closed session as authorized by Government Code section 11126.  See Item 19

 

Friday, July 29, 2016, 8:30 a.m.

 

BOARD BUSINESS

12.  Roll Call

[Tammie Olson, Clerk to the Board, 805/549-3140, Tammie.Olson@Waterboards.ca.gov]

 

Public Forum

 

13.  Public Forum: 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.  Comments regarding pending adjudicatory matters will not be permitted.

 

Enforcement Items

 

14.  Cease and Desist Order No. R3-2015-0015, David Robertson; Centrally Grown, Inc.; Centrally Grown Holdings, LLC

[Ryan Lodge  805-549-3506, Ryan.Lodge@waterboards.ca.gov]

 

Discussion/Informational Items

 

15.  Salinas River Stream Maintenance Program Clean Water Action Section 401 Water Quality Certification [Jon Rohrbough, 805-549-3458, Jon.Rohrbough@waterboards.ca.gov]

 

16.  Report by State Water Resources Control Board Liaison [Steven Moore 916/341-5624]

 

Administrative Items

 

17.  Executive Officer’s Report

[John Robertson, Executive Officer 805/549-3140, John.Robertson@waterboards.ca.gov]

 

18.  Administrative Discussion – 2017 Board Calendar

[John Robertson, Executive Officer 805/549-3140, John.Robertson@waterboards.ca.gov]

 

 

19.  Discussion of Cases in Litigation, Staff Counsel Jessica Jahr

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.     Monterey Coastkeeper, et al. v. California Regional Water Quality Control Board, Central Coast Region (Monterey County Superior Court Case No. M111983)(Extension of 2004 Ag Order)

2.     Petition of Monterey Coastkeeper, Santa Barbara Channelkeeper and San Luis Obispo Coastkeeper (Resolution No. R3-2011-0208, Executive Officer Extension of the 2004 Agricultural Order No. R3-2004-0117)

3.     Petition of William Elliott (Resolution No. R3-2011-0208, Executive Officer Extension of the 2004 Agricultural Order No. R3-2004-0117

4.     Casmalia Hazardous Waste Site Litigation:  U.S. v. State of California and Related Matters

5.     Petition of Levon Investments, LLC; Rose Marie Towle (trustee); John L. DeMourkas (trustee); John Ridell (trustee); Stephanie Marie Redding (trustee); Elisa Anna Redding (trustee); and Wells Fargo Bank (trustee) for Renco Encoders, 26 Coromar Drive, Goleta (Water Code Section 13267 Order dated May 13, 2011, Revising Monitoring and Reporting Program No. R3-2005-0143), SWRCB/OCC File No. A-2168

6.     South San Luis Obispo County Sanitation District v. California State Water Resources Control Board; Regional Water Quality Control Board, Central Coast (Case No. 34-2015-80002033)

7.     Carmen Zamora and Environmental Law Foundation vs. Regional Water Quality Control Board, Central Coast Region (San Luis Obispo County Superior Court, Case No. 15CV-0247) (Central Coast Groundwater Coalition cooperative monitoring program)

8.     Pyrethroid Working Group v. California Regional Water Quality Control Board, Central Coast Region, State Water Resources Control Board (Sacramento County Superior Court, Case No. 34-2015-80002177)(Santa Maria Watershed TMDL for Toxicity and Pesticides)

9.     U.S. et al. v. HVI Cat Canyon, Inc., f/k/a Greka Oil & Gas, Inc. (U.S. District Court, Central District of California Case No. CV 11-05097 FMO (PLAx))

10.  Plains Pipeline, LP, Refugio Oil Spill, Gaviota, Santa Barbara County.  Resolution Order No. R3-20015-0026.

11.  Rava Ranches, et al. v. California Regional Water Quality Control Board, Central Coast Region (Monterey Superior Court Case No. 16CV000255) (Request for Preliminary Injunction regarding PRA for Total Nitrogen Applied Forms)

12.  Triangle Farms, Inc. v. California Regional Water Quality Control Board, Central Coast Region (Monterey Superior Court Case No. 16CV000257) (Request for Preliminary Injunction regarding PRA for Total Nitrogen Applied Forms)

 

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

The Board may 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

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).)

 

The next scheduled Board meeting is September 22-23, 2016, in Santa Barbara.

 

IMPORTANT INFORMATION!!

 

If you have questions about the agenda, contact Tammie Olson at (805) 549-3140.

 

Unless otherwise specified, all parties and interested persons must submit written comments, presentation materials, and requests for extra time to speak to the Board for agendized items by 12:00pm on Monday, July 25, 2016; submittals will not be accepted after that time.  A late request for extra time will not prevent the party from speaking to the Board for the three minutes given to all members of the public.

 

Submittals are to be sent via e-mail to the Clerk to the Board at Tammie.Olson@waterboards.ca.gov.  Please indicate in the subject line, “7/28-29/16 BOARD MEETING (fill in bolded subject from appropriate item).” If you have questions about the agenda, contact the Clerk to the Board at (805) 549-3140.  Also indicate the item for which the submittal pertains. 

 

Agenda and items are available electronically at: https://www.waterboards.ca.gov/centralcoast/board_info/agendas/index.shtml

 

Instructions regarding board meeting conduct and procedures can be found on the Central Coast Water Board’s website: http://www.swrcb.ca.gov/centralcoast/board_info/agendas/board_meeting_conduct.pdf