Meeting Agenda - October 13 And 14, 1999

Regular Meeting(s):

South Lake Tahoe City Council Chambers
1900 Lake Tahoe Boulevard
South Lake Tahoe

Wednesday, October 13, 1999 - 1:30 p.m. to approximately 5:00 p.m., reconvening at 7:30 p.m.
Thursday, October 14, 1999 - 8:30 a.m.

(Note: A quorum of the Regional Board will be dining on Wednesday, October 13, 1999 at 5:15 p.m. at Café Fiore, 1169 Ski Run Boulevard, South Lake Tahoe, California )


The following items are numbered for identification purposes only and will not necessarily be considered in this order. Public hearings will not be called to order prior to the time specified. All Board files, exhibits and agenda material pertaining to items on this agenda are hereby made a part of the record for the appropriate item. If, due to time constraints, the Regional Board is unable to consider all of the items scheduled for Wednesday, the item(s) not heard will be considered on Thursday, November 18, 1999 beginning at 8:30 a.m.

In certain instances the Board may use teleconference equipment to conduct its meetings. A Board member who cannot travel to the announced site of a meeting due to illness, travel problems or an emergency may participate in the meeting via teleconferencing from a different location. In any case, the location for public participation at this meeting is as shown above.



Wednesday, October 13, 1999 - 1:30 p.m.

Roll Call and Introductions

  1. Public Forum
     Any member of the public may address the Regional Board relating to any matter within the Board's jurisdiction. This shall not be related to any item on the agenda and presentations should normally be limited to five minutes. No formal action by the Board will be taken on these matters.
  2. Minutes
     Minutes of the Regular Meeting of September 8 and 9, 1999 in South Lake Tahoe (Laurie Applegate)

Enforcement Actions

  1. Continuation of Public Hearing - Consideration of an Administrative Civil Liability (ACL) Order for Mary Ann Ferguson, Azad Amiri, Sarbjit Singh Kang for Failure to Conduct Cleanup and Investigation and Submit Reports in Violation of Cleanup and Abatement Order No. 6-99-18, for the Swiss Mart, South Lake Tahoe, El Dorado County (The Board will consider affirming an ACL Complaint for the amount of $56,250.) (Chuck Curtis)
  2. Public Hearing - Consideration of an Administrative Civil Liability (ACL) Order for Mary Ann Ferguson, Azad Amiri, Sarbjit Singh Kang for Failure to Comply with Cleanup and Abatement Order No. 6-98-78A1, South Lake Tahoe, El Dorado County (The Board will consider affirming an ACL Complaint for the amount of $59,000.) (Chuck Curtis)
  3. Public Hearing - Consideration of an Administrative Civil Liability (ACL) Order for Mary Ann Ferguson, Azad Amiri, Mohan Singh and Sohan Singh for Failure to Comply with Cleanup and Abatement Order No. 6-99-10, Kings Beach, Placer County (The Board will consider affirming an ACL Complaint for the amount of $78,000.) (Chuck Curtis)
  4. Public Hearing - Consideration of an Administrative Civil Liability Order (ACL) for Ari Makinen and the Lake Tahoe Winter Sports Center for Violation of Waste Discharge Prohibitions of the Water Quality Control Plan for the Lahontan Region, South Lake Tahoe, El Dorado County (The Board will consider affirming an ACL Complaint for the amount of $4,000) (Chuck Curtis)
  5. Public Hearing - Consideration of an Administrative Civil Liability Order (ACL) for Edgar Stratton for Violation of Cleanup and Abatement Order No. 6-86-11A4, Nevada County (The Board will consider affirming or modifying an ACL Complaint for the amount of $210,500) (Tamerle Lundquist)
  6. Public Hearing - Consideration of an Administrative Civil Liability Order (ACL) for the J.E. Tveten Corporation, Sarbjit Singh Kang, and the Estate of Joe Erik Tveten for Failure to Cleanup and Abate Petroleum Contamination in Ground Waters in Violation of Cleanup and Abatement Orders No. 6-98-18 and 6-98-72, Beacon Gas Station, El Dorado County (The Board will consider affirming an ACL Complaint for the amount of $225,000) (Lisa Dernbach)

Other Business

  1. Lahontan II Development Project, Placer County - Exception to the 100-year Flood Plain Discharge Prohibition Contained in the Water Quality Control Plan for the Lahontan Region (The Board will be asked to grant an exception to the prohibition in the discharge of waste earthen material and fill to the 100-year floodplain of a tributary of Martis Creek) (Jerry Peacock)
  2. Executive Officer's Report (Harold Singer)
    • Notification of Spills (Pursuant to Section 13271, California Water Code and Section 25180.7, California Health and Safety Code)
    • Notification of Closure of Underground Storage Tank Cases (Pursuant to Article 11, Division 3, Chapter 16, Title 23, California Code of Regulations)
  3. Reports by Chairman and Board Members (Board members may discuss communications, correspondences, or other items of general interest relating to matters within the Board's jurisdiction. No public testimony will be allowed and there will be no voting or formal action taken.)
  4. Closed Sessions**
    1. Discussion of Bankruptcy Claims Filed by the Regional Board Against Luz Development and Finance Corporation. U.S. Bankruptcy Court (C.D. CAL) Case No. 91-99997-AA and Related Proceedings. Authority: Government Code Section 11126(e).
    2. Discussion of Litigation Filed by the State of California and the California Regional Water Quality Control Board, Lahontan Region Against Philip and Mary Myers, Mono County Superior Court, Case No. 12354. Authority: Government Code Section 11126(e)
    3. Discussion of Significant Exposure to Litigation. Authority: Government Code Section 11126(e)(2)(B)(i).
    4. Discussion of Significant Exposure to Litigation, Leviathan Mine, Alpine County. Authority: Government Code Section 11126(e)(2)(B)(i).
    5. Discussion to Decide Whether to Initiate Litigation. Authority: Government Code Section 11126(e)(2)(C)(i).
    6. Discussion to Decide Whether to Initiate Litigation, Molycorp, San Bernardino County. Authority: Government Code Section 11126(e)(2)(C)(i).
    7. Discussion of Personnel Matters. Authority: Government Code Section 11126(a).

    5. (**Note: At any time during the regular session, the Board may adjourn to a closed session to consider litigation, personnel matters, or to deliberate on a decision to be reached based upon evidence introduced in the hearing. Discussion of litigation is within the attorney-client privilege and may be held in closed session. Authority: Government Code Section 11126(a), (d), and (e)(1), (2), and (3).)


Thursday, September 9, 1999 - 8:30 A.M.

Enforcement Actions

  1. Public Hearing - Consideration of an Administrative Civil Liability Order (ACL) for Tahoe Keys Property Owners Association (TKPOA) Water Circulation and Treatment Facilities for Violation of Waste Discharge Requirements in Board Order No. 6-98-35, El Dorado County (The Board will consider affirming an ACL Complaint for the amount of $260,000) (Alan Miller)
  2. Public Hearing - Consideration of an Administrative Civil Liability Order (ACL) for USA Petroleum Corporation for Violation of Deadlines in Cleanup and Abatement Orders 6-97-101 and 6-97-101A, El Dorado County (The Board will consider affirming an ACL Complaint for the amount of $343,500) (Lisa Dernbach)

Adjournment

Any person affected by a certain decision of the California Regional Water Quality Control Board, Lahontan Region (Regional Board), may petition the State Water Resources Control Board (State Board) to review the decision. The petition must be received by the State Board within 30 days of the Regional Board's meeting at which the action was taken. Copies of the law and regulation applicable to filing petitions will be provided upon request.

A Listing of pending applications for Water Quality Certification pursuant to Section 401 of the Clean Water Act may be obtained by calling:

  • For the North Lahontan Basin, Scott Ferguson in South Lake Tahoe at (530) 542-5432
  • For the South Lahontan Basin, Hisam Baqai in Victorville at (760) 241-7325

The Regional Board will be considering many items during this meeting which may result in Regional Board action or direction to staff. We encourage input from all people interested in a given item or issue, so that when we act, our decision is based on all available information. Although an oath is not administered in most of the proceedings before this Board, we expect all statements made before this Board to be truthful with no attempts to mislead this Board by false statements, deceptive presentations or failure to include essential information

The Regional Board encourages all people in or near a Board meeting to refrain from engaging in inappropriate conduct. Inappropriate conduct may include disorderly, contemptuous or insolent behavior, breach of the peace, boisterous conduct, violent disturbance or other unlawful interference in the Board's proceedings. Such conduct could subject you to contempt sanctions by the superior court (Govt C Sec 11455.10)

The Regional Board Chairperson may impose sanctions, including reasonable expenses and attorney's fees, on any party for bad faith actions, frivolous tactics or actions intended to cause unnecessary delay by a party or the party's attorney or representative (Govt C Sec 11455.30).

Bill of Rights for Environmental Permit Applicants

California Water Quality Control Board Lahontan Region

Main Office:

2501 Lake Tahoe Blvd., South Lake Tahoe, CA 96150
(530) 542-5400

Branch Office:

15428 Civic Drive, Ste. 100, Victorville, CA 92392-2359
(760) 241-6583

Regional Board Members

Name Location of Residence Appointment Category or Business
Eric Sandel, Chair Truckee County Government
Richard Dodge, Vice Chair Ridgecrest Irrigated Agriculture
Eugene Nebeker Lancaster Industrial Water Use
William A. Newsom Squaw Valley Rec., Fish and Wildlife
Beatrice Cooley Bishop Undesignated (Public)
Vacant   Water Quality
Vacant   Water Quality
Vacant   Water Supply
Vacant   Municipal Government

Regional Board Staff

Harold J. Singer
Executive Officer
Robert Dodds
Asst. Exec. Officer and Omsbudsman
Steven H. Blum
Counsel to the Board Executive Assistant
Pam Walker
Executive Assistant

South Lake Tahoe Office:
Scott Ferguson, Chief, Northern Watersheds
Cindy Wise, Acting Chief, Southern Watersheds
Lauri Kemper, Chief, Lake Tahoe Watersheds
Victorville Office:
Hisam Baqai, Supervising Engineer
Cindi Mitton, Chief, Toxics Section
Jehiel Cass, Acting Chief, Regulation Section


The primary responsibility of the Regional Board is to protect the quality of the surface and groundwater within the Region for beneficial uses. The duty is carried out by formulating and adopting water quality plans for specific ground or surface water bodies; by prescribing and enforcing requirements on domestic and industrial waste dischargers, and by requiring cleanup of water contamination and pollution. Specific responsibilities and procedures of the Board are outlined in the Porter-Cologne Water Quality Control Act.

Regular meetings of the Board are normally held on the second Thursday and Friday of each month. Meeting locations vary but generally alternate between the north and south basins of the region.

The purpose of the monthly meeting is to provide the Board with testimony and information from concerned and affected parties and make decisions after considering the evidence presented. A public forum is held at each regular meeting where any person may address the Board on any matter within the jurisdiction of the Board, but may not be related to any item on the agenda.

The Board welcomes 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 appropriate action. Whenever possible, lengthy testimony should be presented to the Board in writing and only a summary of pertinent points presented verbally. Written material should be submitted no later than the Monday, ten days prior to the Board meeting.

Tape recordings are made of each Board meeting and these tapes are retained in the Board's office for two years. Anyone desiring copies of these tapes may, at their own expense, arrange to have duplicate tapes made by contacting the Board at (530) 542-5414.
NOTES:

  1. Sequence Of Agenda Items
    The items are numbered for identification purposes only and will not necessarily be considered in this order.
  2. Availability Of Agenda Material
     Details concerning these agenda items are available for public reference during working hours at the Board's offices. Copies of individual agenda items may be obtained at the Board's offices after 8:00 a.m. on the Monday, ten days preceding the Board meeting. The staff will assist in answering question.
  3. Uncontested Items Calendar
     Item numbers with an asterisk (*) are expected to be routine and non controversial. They will be acted upon by the Board at one time without discussion. If any Board member, staff member, or interested party requests discussion, the item will be removed from the Consent Calendar to be considered separately.
  4. Petition Of Regional Board Action
     Any person affected by a certain decision of the California Regional Water Quality Control Board, Lahontan Region, (Regional Board) may petition the State Water Resources Control Board to review the decision. The petition must be received by the State Board within 30 days of the Regional Board's meeting at which the action was taken. Copies of the law and regulations applicable to filing petitions will be provided upon request.
  5. Hearing Record Exhibits
     Material presented to the Board as part of the testimony that is to be made part of the record must be left with the Board. This includes photographs, slides, chart, diagrams, etc.
  6. Contributions To Regional Board Members
     All persons who actively support or oppose the adoption of waste discharge requirements or an NPDES permit before the Regional Board must submit a statement to the Board disclosing any contributions of $250 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 Regional Board member. All permit applicants and all persons who actively support or oppose adoption of a set of waste discharge requirements or an NPDES permit pending before the Regional Board are prohibited from making a contribution of $250 or more to any Board member for three months following a Regional Board decision on the permit application.
  7. Additional Closed Session
     At any time during the regular session, the Board may adjourn to a closed session to consider litigation, personnel matters, or to deliberate on a decision to be reached based upon evidence introduced in the hearing. Discussion of litigation is within the attorney-client privilege and may be held in closed session. Authority: Government Code Section 11126(a), (d), and (q) (1), (2), and (3).