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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
LAHONTAN REGION

MEETING AGENDA

March 9 and 10, 2000


City Council Chambers
14343 Civic Drive
Victorville


REGULAR MEETING

March 9, 2000 - 7:00 p.m.
March 10, 2000 - 10:15 a.m. (If needed)

TOUR

March 10, 2000 8:30 a.m.

The public is invited to join the Regional Board for a tour of the city of Adelanto Waste Water Treatment Facility. The tour will begin at 8:30 a.m. at the Facility located at 19101 Jonathan Street, Adelanto.

Note:

A quorum of the Regional Board will be dining on Thursday, March 9, 2000 at 5:00 p.m. at Chateau Chang's, 15425 Anacapa Road, Victorville

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.

NOTICE

Submittal of Written Material for Regional Board Consideration

In order to ensure that the Regional Board has the opportunity to fully study and consider written material, it is necessary to submit it at least ten (10) days before the meeting. This will allow distribution of the material to the Board Members in advance of the meeting. Pursuant to Title 23 California Code of Regulations Section 648.2, the Regional Board may refuse to admit written testimony into evidence unless the proponent can demonstrate why he or she was unable to submit the material on time or that compliance with the deadline would otherwise create a hardship. If any other party demonstrates prejudice resulting from admission of the written testimony, the Regional Board may refuse to admit it.


A copy of the procedures governing Regional Water Board meetings may be found in Title 23, California Code of Regulations, Section 647 et seq., and is available upon request. Hearings before the Regional Board are not conducted pursuant to Government Code Section 11500 et seq.




Thursday, March 9, 2000 - 7:00 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 January 12 and 13, 2000 in Truckee (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. * Lafarge Corporation; Old Industrial Landfill Ground Water Treatment Facility, Kern County (6-93-41) (Michele Ochs)

  5. * U.S. Geologic Survey, Scientific Exploratory Well LVF 51-20, Mono County (6-89-103A1) (Michele Ochs)

    NEW WASTE DISCHARGE REQUIREMENTS

  6. * San Bernardino County Waste Systems Divisions; Adelanto Class III Landfill, San Bernardino County (Greg Cash)

    REVISED WASTE DISCHARGE REQUIREMENTS

  7. * San Bernardino County Waste Systems Divisions; Baker Class III Landfill, San Bernardino County (6-95-32) (Greg Cash)

  8. * San Bernardino County Waste Systems Divisions; Yermo Class III Landfill, San Bernardino County (6-95-122A1) (Greg Cash)

  9. * U.S. Forest Service Inyo National Forest; Bishop Creek Campgrounds Wastewater Treatment Facility, Inyo County (6-73-24) (Lawrence Ware)

  10. * Mammoth Mountain Ski Area; Wastewater Treatment Plant, Mono County (6-84-11) (Michele Ochs)

  11. * U.S. Army Fort Irwin National Training Center; Main Base Class III Landfill, San Bernardino County (6-95-101) (Greg Cash)

  12. * Billiton Minerals U.S.A. and Shell Oil Company; Standard Hill Project, Kern County (6-96-157) (Joe Koutsky)

    ENFORCEMENT ACTION

  13. Public Hearing - Rescission of a Cease and Desist Order Requiring Vanderbilt Gold Corporation and The National Park Service to Cease and Desist From Discharging Waste in Violation of Waste Discharge Requirements at the Morning Star Mine, San Bernardino County (6-98-15) (The Board will be asked to rescind a Cease and Desist Order that was adopted in 1998.) (Joe Koutsky)

  14. Public Hearing - Consideration of a Cease and Desist Order - Avocet Tungsten Inc., Pine Creek Operations for Violations of Waste Discharge Requirements, Inyo County (The Board will consider adoption of a Cease and Desist Order) (Michele Ochs)

    OTHER BUSINESS

  15. Consideration of an Appeal of the Executive Officer's Decision on Dairy Regulation in the Mojave River Watershed, San Bernardino County (The Board will be asked to affirm the current regulatory approach for dairies in the Mojave River Watershed.) (Jehiel Cass)

  16. Resolutions of Appreciation for Former Regional Board Members Jack Clarke and Marv Shaw. (The Board will consider adopting two Resolutions)

  17. 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)

    • Quarterly Violations Report

  18. 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.)

    * Note: See Item No. 3*


  19. 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).



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.

Note:

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

home.gif Return to Lahontan Regional Board Home Page

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

Robert Dodds

Steven H. Blum

Pam Walker

Executive Officer

Asst. Exec. Officer
and Omsbudsman

Counsel to the Board

Executive Assistant


South Lake Tahoe Office:

Scott Ferguson, Chief, Northern Watersheds

Alan Miller, Chief, Carson/Walker Watersheds

Lauri Kemper, Chief, Lake Tahoe Watersheds

Victorville Office:

Hisam Baqai, Supervising Engineer

Cindi Mitton, Chief, Mono/Owens Unit

Jehiel Cass, Chief, Antelope Valley Unit

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).

 
 

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