December 9-11, 2020 Board Agenda

NOTICE OF PUBLIC MEETING

Wednesday, December 9, 2020, 8:00 a.m.
Thursday, December 10, 2020, 8:00 a.m.
Friday, December 11, 2020, 9:00 a.m.

The first two days of this meeting (December 9-10) is a continuation of the September 10-11, 23-24 and October 22-23, 2020 workshop
(Item 3) focused on Draft Agricultural Order 4.0.

Video and Teleconference Meeting Only
No Physical Meeting Location
(Authorized by and in furtherance of
Executive Orders N-29-20 and N-33-20.)


Video and Teleconference Meeting During COVID-19 Emergency: As a result of the COVID-19 emergency and the Governor’s Executive Orders to protect public health by limiting public gatherings and requiring social distancing, this meeting will occur solely via remote presence.

For those who only wish to watch the meeting, the customary webcast remains available at https://cal-span.org/static/index.php and should be used UNLESS you intend to comment.

Wednesday and Thursday, December 9-10, 2020, are dedicated to the continuation of staff and Board discussion from September 24 and October 22-23, 2020, on Draft Agricultural Order 4.0 and the next steps for developing a proposed order. The Board received public comment on this item in the form of stakeholder panel presentations on September 10 and 11 and a public comment forum on September 23, 2020. No additional opportunities to provide oral public comment on this item are anticipated at this time for this meeting. However, opportunities to provide written and/or oral comment will likely be available during the next phases of the public process to develop a proposed order.

Stakeholders wishing to provide public comment Friday, December 11 on specific items on the agenda for this date or during the public forum on matters not on this agenda must complete an electronic comment card by 12:00 noon, Tuesday, December 8, 2020. This deadline is intended to allow sufficient time to plan for and manage public comment in an effort to ensure everyone wishing to comment has an opportunity to do so. The comment card and instructions are available at the following site along with additional information about participating via the remote meeting solution or telephonically:

https://www.waterboards.ca.gov/centralcoast/board_info/remote_meeting/

Public comment is typically limited to three minutes unless otherwise approved by the Board Chair, and the Board Chair may need to adjust the amount of time each speaker has to ensure everyone has an opportunity to provide public comment. Requests for extra time to provide public comment need to be sent to the Clerk to the Board at Tammie.Olson@waterboards.ca.gov  by 12:00 noon on Thursday, December 3, 2020.

 

Agenda in English | Agenda en Español

Items are numbered for identification purposes only and may be considered out of 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 multiple days.

Wednesday, December 9, 2020, 8:00 a.m.

Board Business

  1. Roll Call
    [Tammie Olson, Clerk to the Board, 805/549-3140, Tammie.Olson@waterboards.ca.gov]

  2. Introductions
    [Matthew Keeling, Executive Officer, 805/549-3140, Matt.Keeling@waterboards.ca.gov]

Discussion Information Items

  1. Draft Ag Order 4.0 Discussion

    [Elaine Sahl, 805/5424645, Elaine.Sahl@waterboards.ca.gov; Diane Kukol , 805/542-4637, Diane.Kukol@waterboards.ca.gov; Paula Richter, 805/549-3865, Paula.Richter@waterboards.ca.gov]


    This item is a continuation of item 3 from Thursday, October 23, 2020

    This item began on September 10 and continued on September 11, 23-24, and October 22-23, 2020. September 10 and 11 were devoted to stakeholder panel presentations, September 23 was devoted to public comment, and September 24 and October 22-23 were devoted to staff presentations and discussion. This item will continue staff and board discussion.

    Although the Board will not be taking action on Draft Ag Order 4.0 during this meeting, it may provide direction to staff on the next steps associated with the development of Ag Order 4.0.

    An interpreter will be available to translate into Spanish and to translate statements made in Spanish into English.

    Un intérprete estará disponible para traducir al español y para traducir las declaraciones hechas en español al inglés.

    2. Staff Report: Item 3
    • Attachment 1: Key to Requirements in Draft Ag Order 4.0 Documents

 

Thursday, December 10, 2020, 8:00 a.m.

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
    [Matthew Keeling, Executive Officer, 805/549-3140, Matt.Keeling@waterboards.ca.gov]

Discussion Information Items

  1. Continuation of item 3 (Draft Ag Order 4.0 Discussion) above.

Friday, December 11, 2020, 9:00 a.m.

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
    [Matthew Keeling, Executive Officer, 805/549-3140, Matt.Keeling@waterboards.ca.gov]
  1. Approval of Board Meeting Minutes for the September 25, 2020 meeting

    Note: In January the Board will approve a separate set of minutes for the Ag Order 4.0 meetings conducted on September 10-11 and 23-24, October 22-23, and including the December 9-10 meeting.

  2. Reports by Regional Board Members

  3. Report by State Water Resources Control Board Liaison
    [Dorene D’Adamo, 916/641-5609]

Public Forum

  1. 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.

Uncontested Items

Items on the uncontested items calendar below are expected to be routine and noncontroversial. Recommended action will be taken without discussion. Items may be removed at the request of any board member or person and, if removed, will be taken up during the meeting at a time specified by the Chair. If an item is removed from the uncontested items calendar, it will only be voted on at this meeting if the board accepts the staff recommendation for the agenda item. Otherwise, the item will be continued to a subsequent board meeting to allow input by interested persons.

  1. Consideration of proposed Order No. R3-2020-0100, Termination of Waste Discharge Requirements Order No. R3-2003-0008 for the City of Salinas Industrial Wastewater Treatment Plant
    [Kristina Olmos, 805/549-3121, Kristina.Olmos@waterboards.ca.gov]
    Staff Report: Item 12

Discussion Information Items

  1. Grants Program Update
    [Katie McNeill, 805/549-3336, Katie.McNeill@waterboards.ca.gov]
    Staff Report: Item 13

  1. Wildfire Prevention and Recovery Activities Update
    [Mike Sandecki, 805/549-3372, Michael.Sandecki@waterboards.ca.gov]

    2. Staff Report: Item 14

Enforcement

  1. Enforcement Report
    [Thea Tryon, 805/542-4776, Thea.Tryon@waterboards.ca.gov]

    2. Staff Report: Item 15

Administrative Items

  1. Executive Officer's Report
    [Matthew Keeling, Executive Officer, 805/549-3140, Matt.Keeling@waterboards.ca.gov]

    Staff Report: Item 16
    • Attachment 1: Table 1 - 401 Water Quality Certification Applications Received
    • Attachment 2: Table 2 - 401 Water Quality Certifications Issued
    • Attachment 3: Table 3 - Groundwater Section, Case Closure Performance Scoreboard
    • Attachment 4: Table 4 - Groundwater Case Closures
    • Attachment 5: Table 5 - Enrollments In General Orders/Waivers

Closed Session

  1. The Board may meet in closed session to consider personnel matters (Gov. Code § 11126 subd. (a)), to deliberate on a decision to be reached based upon evidence introduced in a hearing (Gov. Code § 11126, subd. (c)(3)), or to discuss matters in litigation, including discussion of initiated litigation, significant exposure to litigation, or decisions to initiate litigation (Gov. Code § 11126, subd. (e)). The Board is not required to allow public comment on closed session items. (Gov. Code § 11125.7, subd. (e)).
    [Stephanie Yu, Staff Counsel, 916/341-5157, Stephanie.Yu@waterboards.ca.gov]

    Current litigation involving the Board:

    Litigation filed against the Central Coast Water Board:

    1. 2017 Agricultural Discharges Order– Monterey Coastkeeper, et al. v. Regional Water Quality Control Board, Central Coast Region (Sacramento County Superior Court, Case No. 34-2017-80002655; Third District Court of Appeal, Case No. C090943)
    2. 2019 Amendments to CAO for Cleanup at Dutch Maid Cleaners, 3323 State Street, Santa Barbara – San Roque Clean Up Fund and Trust U/W of Emil Deloreto v. California Regional Water Quality Control Board, Central Coast Region, et al. (Santa Barbara Superior Court, Anacapa Division, Case No. 20CV00022)

    Litigation filed by the Central Coast Water Board against other parties, including referrals to the Office of the Attorney General:

    1. Referral to Attorney General concerning Casmalia Hazardous Waste Site Litigation:  United States v. State of California and Related Matters
    2. United States, 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))

 

IMPORTANT INFORMATION!!

If you have questions about the agenda, contact Tammie Olson at (805) 549-3140.
Written comments must generally be received prior to the Board meeting by the comment deadline for the specific agenda item. Written comments that are received after deadlines set by item-specific notices and/or hearing procedures will not generally be admitted. Any person requesting to submit late materials must demonstrate good cause, and the Chair must find that the admission of the late materials would not prejudice the Central Coast Water Board or any designated party. The Chair may modify this rule to avoid severe hardship. Unless otherwise specified, all parties and interested persons must submit presentation materials and requests for extra time to speak to the Board for agendized items by 12:00 noon on Thursday, December 3, 2020. 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, “December 9-11, 2020 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.

Central Coast Board Meeting Agenda Pages

Instructions regarding board meeting conduct and procedures

If you require an interpreter, please contact the Clerk to the Board Tammie Olson at (805) 549-3140 or email Tammie.Olson@waterboards.ca.gov by 12:00 noon on Friday, December 4, 2020.