Meeting Agenda - April 13 And 14, 2000

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.

Thursday, April 13, 2000 - 7:00 p.m.

Roll Call and Introductions

1. Public Forum
   Any member of the public may address the Regional Board relating to matters within the Board's jurisdiction. This shall not be related to any item on the agenda and presentations ahould 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 March 9 and 10, 2000 in Victorville (Pam Walker
3. Adoption Of Consent Calendar
   Item numbers with an asterisk (*) are expected to be routine and noncontroversial. 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.

Rescission Of Waste Discharge Requirements

4. * Treasure Island Trailer Park, Mono County (6-88-9) (Rob Tucker)

New Waste Discharge Requirements

5. * North Tahoe Public Utility District, Tahoe Vista Recreation Area Boat Ramp Replacement and Harbor Dredging, Placer County (Mary Fiore)

Npdes Permits

6. * Renewal of Municipal Storm Water NPDES Permit for the City of South Lake Tahoe, El Dorado County, and Placer County, Storm Water Runoff Discharge, (6-92-02) (Dale Payne/Lauri Kemper)

Updated Waste Discharge Requirements

7. * Sierra Tahoe Ready Mix, Inc., El Dorado County (6-88-27) (Mary Fiore)
8. * Turney Medical Office (Formerly Bateman Commercial Property), El Dorado County (6-83-73A1) (Kara Russell)

Amended Waste Discharge Requirements

9. * Emerald Pines Resort Cottages, South Lake Tahoe, El Dorado County (6-94-93A1) (Kara Russell)

Enforcement Actions

10. Public Hearing - Consideration of an Administrative Civil Liability Order for Thomas Erickson and Samina Naz, for Failure to Cleanup and Abate Petroleum Products at the Tahoe Tom's Gas Station, 4029 Lake Tahoe Boulevard, South Lake Tahoe; El Dorado County, in Violation of Deadlines in Cleanup and Abatement Order No. 6-98-42, (The Board will consider affirming or modifying an ACL Complaint for the amount of $131,000) (Lisa Dernbach)
11. Public Hearing - Rescission of Cease and Desist Order No. 6-92-87 for JDK Trust, Bateman Commercial Property, El Dorado County (The Board will consider rescinding a Cease and Desist Order) (Kara Russell)

Other Business

12. Terrence Finn - Finn Bridge Project, North Fork Prosser Creek, Carpenter Valley, Nevada County - Exception to a Prohibition Contained in the Water Quality Control Plan for the Lahontan Region, (The Board will consider granting an exception to a prohibition contained in the Basin Plan) (Scott Ferguson)
13. * Consideration of Recommended Revisions to State Water Resources Control Board's State Revolving Fund Loan List for Fiscal Year 2000-2001, (The Board will consider adoption of the list modifications) (Lawrence Ware)
14. * Adoption of the 2000 Priority List for the Emergency, Abandoned, Recalcitrant (EAR) Account, San Bernardino County (The Board will be asked to approve the Region's annual list of sites to be funded through the account) (Lisa Dernbach)
15. 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)
16. Reports by Chairman and Board Members (Board members may discuss communications, correspondence, 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.)
    (* Note: See Item No. 3*)
17. 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).

(**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).)

Friday, April 14, 2000 - 8:30 a.m.

Enforcement Actions

18. Public Hearing - Consideration of an Administrative Civil Liability (ACL) Order - Squaw Valley Ski Corporation, Gold Coast Pond Expansion for Violation of Cleanup and Abatement Order No. 6-94-92A1, Placer County (The Board will consider affirming or modifying an ACL Complaint for $350,000 for violation of a Cleanup and Abatement Order during the time period of October 15, 1995 - June 5, 1998.) (Scott Ferguson) This item has been removed.
19. Public Hearing - Consideration of an Administrative Civil Liability (ACL) Order - Squaw Valley Ski Corporation, Gold Coast Pond Expansion for Violation of Cleanup and Abatement Order No. 6-94-92A1, Placer County (The Board will consider affirming or modifying an ACL Complaint for $98,600 $250,000, or referring the matter to the Attorney General, for violation of a Cleanup and Abatement Order during the time period of June 6, 1998 - October 12, 1999.) (Scott Ferguson)

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