September 23-25, 2020 Board Agenda

NOTICE OF PUBLIC MEETING

(Revised September 15, 2020 to extend Draft Ag Order 4.0 public comment process; see bold text below)

Wednesday, September 23, 2020, 8:00 a.m.
Thursday, September 24, 2020, 8:00 a.m.
Friday, September 25, 2020, 9:00 a.m.

Note: the first two days of this meeting are the second part of a four-day workshop, continued from September 10-11, 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.

Please note, the opportunity to provide oral public comment for the Draft Agricultural Order 4.0 workshop (item 3 on September 23-24) was moved from September 11, 2020, to the morning of Wednesday, September 23, 2020. In response to this change, the online comment card request process has been reopened for item 3. Stakeholders who didn’t already submit a comment card request form for item 3 and who wish to provide public comment on Wednesday, September 23 on item 3 must complete an electronic comment card by 12:00 noon, Monday, September 21, 2020.  Stakeholders who previously submitted a comment card request form for September 11 do not need to submit a new request. Please go to the following site for additional information about how to submit a comment card request for item 3:

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


Stakeholders wishing to provide public comment Friday, September 25 on specific items agendized for this date or during the public forum must complete an electronic comment card by 12:00 noon, Thursday, September 17, 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/index_9_25


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, September 17, 2020.

Agenda in English | Agenda en Español

Wednesday, September 23, 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  (item continued from Friday, September 11, 2020)

    [Elaine Sahl, 805\542-4645, 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 will begin on September 10 and continue on September 11, 23 and 24. September 10 and 11 will be devoted to stakeholder presentations, public comment and discussion. September 23 and 24 will be devoted to staff presentation, discussion, and board direction.

    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
      • Draft Ag Order 4.0 Workshop - Requirements, Stakeholder Input, and Board Discussion and Direction summary (English)
      • Taller de Borrador de la Orden Agrícola 4.0, - Requisitos, Aportes de las PartesInteresadas, y Discusión y Dirección de laJunta (Board) summary(Espanol)
    • Attachment 1: Key to Requirements in Draft Ag Order 4.0 Documents
    • Attachment 2: List of Commenters
    • Supplemental: Draft Ag Order 4.0 Workshop - Requirements, Stakeholder Input, and Board Discussion and Direction (updated speaker list)

 

Thursday, September 24, 2020, 8:00 a.m.

Board Business

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

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

Discussion Information Items

  1. Draft Ag Order 4.0 Discussion  (item continued from Wednesday, September 23, 2020)

    [Elaine Sahl, 805\542-4645, 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]

    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.

Friday, September 25, 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]

  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 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. R3-2020-0081, Termination of Individual Waste Discharge Requirements Order for Rancho San Marcos Golf Course, Santa Barbara, Santa Barbara County
    [Howard Kolb, 805/549-3332, Howard.Kolb@waterboards.ca.gov]

    2. Staff Report: Item 12

Waste Discharge Requirements

  1. Consideration of Proposed Order No. R3-2020-0001, General Waste Discharge Requirements for Active Class III Landfills in the Central Coast Region
    [Ryan Lodge, 805/549-3506, Ryan.Lodge@waterboards.ca.gov and Martin Fletcher, 805/549-3694, Martin.Fletcher@waterboards.ca.gov]

    2. Staff Report: Item 13
    • Attachment 1: Proposed Order No. R3-2020-0001, including the following associated attachments:
      • Attachment A – Monitoring and Reporting Program
      • Attachment B – Active Class III Landfill Table
      • Attachment C – Additional Findings
    • Attachment 2: Response to Comments
  1. Consideration of Proposed Order No. R3-2020-0020, General Waste Discharge Requirements for Discharges from Domestic Wastewater Systems with Flows Greater than 100,000 Gallons Per Day
    [Howard Kolb, 805/549-3332, Howard.Kolb@waterboards.ca.gov ]

    2. Staff Report: Item 14
    • Attachment 1: Response to Comments
    • Attachment 2: Proposed General Waste Discharge Requirements, Order No. R3-2020-0020 (please note that this file includes attachments A, B, and C)
      • Attachment A - Definitions
      • Attachment B - Permit Application Process Summary
      • Attachment C - Application Format
      • Attachment D - General Monitoring and Reporting Program
      • Attachment E - Standard Provisions and Reporting Requirements for Waste Discharge Requirements
  1. Consideration of Resolution No. R3-2020-0024, Local Agency Management Program for San Luis Obispo County Department of Planning and Building for Implementation of the State Onsite Wastewater Treatment System Policy.
    [Jon Rokke, 805/549-3892, Jon.Rokke@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

  2. Board Calendar 2021
    [Matthew Keeling, Executive Officer, 805/549-3140, Matt.Keeling@waterboards.ca.gov]

    Staff Report: Item 17

    3. 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)

       

      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, September 17, 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, “September 23-25, 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, September 18, 2020.