July 16-17, 2020 Board Agenda REVISED

NOTICE OF PUBLIC MEETING

Thursday, July 16, 2020, 9:00 a.m.
Friday, July 17, 2020, 9:00 a.m.
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. Links for the meeting, including a phone call option, will be posted on https://www.waterboards.ca.gov/centralcoast/board_info/agendas/2020/2020_agendas.html.

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.

For those who wish to comment on an agenda item or are presenting to the Water Board, additional information about participating telephonically or via the remote meeting solution is available here: https://www.waterboards.ca.gov/centralcoast/board_info/remote_meeting/

 

Agenda in English (Revised) | Agenda en Español

Thursday, July 16, 2020, 9:00 a.m.

Board Business

  1. Roll Call/Introductions
    [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]

  3. Approval of Board Meeting Minutes

  4. Reports by Regional Board Members

  5. 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 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 be voted on at this meeting only 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. Item 7 is uncontested.

  1. Consideration of Proposed Order No. R3-2020-0031, Waste Discharge Requirements and NPDES Permit for Moss Landing Power Plant, Moss Landing, Monterey County
    [Peter von Langen, 805/549-3688, Peter.VonLangen@waterboards.ca.gov]

    2. Staff Report: Item 7

Waste Discharge Requirements

  1. Consideration of Proposed Order No. R3-2020-0004, Waste Discharge Requirements and NPDES Permit for Cayucos Sanitary District, Cayucos, San Luis Obispo County
    [Tamara Anderson, 805/549-3334, Tamara.Anderson@waterboards.ca.gov]

    2. Staff Report: Item 8
    • Attachment 1: Comments and Staff Responses
    • Attachment 2: Changes to February 2020 Draft Order No. R3-2020-0004 in Response to Public Comments
    • Attachment 3: Proposed Order No. R3-2020-0004
    • Supplemental: Comments received during the written public comment period but not included in staff report

Watershed Management and Planning

  1. Consideration of Proposed Resolution No. R3-2020-0034, Amendment to the Water Quality Control Plan for the Central Coastal Basin to Include a Total Maximum Daily Load (TMDL) for Total Phosphorus to Address Cyanobacterial Blooms in Pinto Lake and a TMDL Implementation Plan for the Pinto Lake Catchment, Santa Cruz County
    [Peter Bonch Osmolovsky, 805/549-3699, Pete.Osmolovsky@waterboards.ca.gov]

    2. Staff Report: Item 9

Friday, July 17, 2020, 9:00 a.m.

Board Business

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

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.

Enforcement

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

    2. Staff Report: Item 12
  1. Stipulated Order Settling Enforcement Actions Associated with Monterey Mushrooms, Inc., Unauthorized Discharges of Wastewater to Tributaries to Elkhorn Slough (Administrative Civil Liability Order No. R3-2020-0048)
    [Thea Tryon, 805/542-4776, thea.tryon@waterboards.ca.gov, and Paul Ciccarelli 916/322-3227,  Paul.Ciccarelli@Waterboards.ca.gov]

    2. Staff Report: Item 13
    • Attachment 1: Proposed Administrative Civil Liability Order No. R3-2020-0048

Basin Planning

  1. Consideration of Proposed Resolution No. R3-2020-0035, Amendment to the Water Quality Control Plan for the Central Coastal Basin to Improve and Clarify Waste Discharge Prohibition Language Removed from Agenda
    [Steven Saiz, 805-549-3879, Steve.Saiz@waterboards.ca.gov]

    2. Staff Report: Item 14
    • Attachment 1: Resolution No. R3-2020-0035
      • Attachment 1a: a strikeout/underline version of the Basin Plan showing all proposed amendments.
    • Attachment 2: Project Report including the CEQA Checklist.
    • Attachment 3: Notice of CEQA Scoping Meeting – October 17, 2018.
    • Attachment 4: Notice of Public Hearing and Opportunity to Comment – January 16, 2020.

Administrative Items

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

    Staff Report: Item 15 -
    • 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))
    3. United States, et al. v. Plains All American Pipeline, LP, et al. (U.S. District Court, Central District of California, Case No. 2:20-CV-02415)

The next scheduled Board meeting is September 10-11, 2020, location and format to be determined.

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 p.m. on Thursday, July 9, 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, “July 16-17, 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.

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

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
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 p.m. on Thursday, July 9, 2020.