November 17-18, 1999 Meeting Minutes

Regional Board members, staff and interested parties participated in a tour of the Fish Springs Hatchery in the Bishop area, on November 17 from 1:30 to 4:30 p.m.

Mr. Sandel, Chairman, called the meeting to order at 7:30 p.m. on Thursday, November 17, 1999.

1. PUBLIC FORUM

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   John Moynier, of the Mammoth Community Water District, discussed two projects he would like placed on a future agenda; the use of reclaimed water for golf course irrigation and the designation of Laurel Pond as a special category body of water.
   
   Mr. Singer discussed the documentation the water district would have to provide Victorville staff before the items could be heard by the Board.
   
   Mike Johnston, of the Brookside Mutual Water Company, asked the Board if lots sized at 15,000 sq. ft. or less were still disqualified from having a septic system.

2. MINUTES

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   Minutes of the Regular Meeting of September 8-9, 1999 in South Lake Tahoe
   Minutes of the Regular Meeting of October 13-14, 1999 in South Lake Tahoe
   Dr. Cooley made an amendment to the October minutes.
   
   

   Motion: Moved by Judge Newsom, seconded by Dr. Dodge and unanimously carried. to adopt the September 8-9, 1999 and October 13-14,1999 minutes as amended.



3. ADOPTION OF CONSENT CALENDAR

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   Mr. Singer drew the Board's attention to a late revision to Item No. 7. He recommended the Board adopt Items 4 through 11 as proposed on the Consent Calendar, incorporating the changes to Item 7 as recommended in the late revision sheet.
   
   

   Motion: Moved by Dr. Nebeker, seconded by Judge Newsom and unanimously carried. to adopt the Consent Calendar as proposed, incorporating the changes to Item 7 in the late revision sheet.

   
   

   ENFORCEMENT ACTION

12. Public Hearing - Consideration of an Administrative Civil Liability Order (ACL) - County of San Bernardino for Violation of Waste Discharge Requirements and the Water Quality Control Plan for the Lahontan Region, Heaps Peak Landfill, Running Springs, San Bernardino County

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    This item was withdrawn from the calendar. A proposed settlement is pending approval by the Board of Supervisors. If the proposal is not accepted by the Board of Supervisors, it will be placed on the next Board meeting agenda.
    
    
    

    STATUS REPORT

13. Report on the Status of Wetland Restoration Effects within Mono County

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    Cindy Wise, Environmental Specialist, gave the presentation. In July 1997 the Board voted not to impose additional regulatory control for projects that qualify for NWP 29. As a result of this decision, the Board requested a progress report on mitigation for loss of wetlands in Mono County. The report includes data from July 1997 to July 1999. Ms. Wise summarized CWA Sections 404, 401 and NWP's. Restoration efforts appear to compensate for the 1.65 acres of wetland impacts.
    
    Staff will inform the Board should impact on wetlands outweigh restoration efforts in Mono County. In addition, a year from now, another progress report will be presented to the Board.
    
    
    

    OTHER BUSINESS

14. 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

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    Scott Ferguson, Senior WRCE, gave the presentation. Lahontan II Development Project proposes to annex 160 acres of land immediately adjacent to the existing development to provide for residential units and recreational land use. In order to provide a road crossing of a drainage swale, the proposed project includes approximately 0.06 acres of disturbance within the 100-year flood plain of a Martis Creek tributary, and is thus subject to prohibitions contained in the Water Quality Control Plan for the Lahontan Region. The Board is being asked to grant an exception to the prohibition of discharge of solid waste material to the 100-year flood plain of a tributary of Martis Creek.
    
    

    Motion: Moved by Dr. Nebeker, seconded by Dr. Dodge and unanimously carried. to adopt the order as proposed.




15. Glenshire Drive Bridge Demolition and Removal Project, Nevada County - Exception to the 100-year Flood Plain Discharge Prohibition Contained in the Water Quality Control Plan for the Lahontan Region

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    Motion: Moved by Dr. Nebeker, seconded by Dr. Cooley and unanimously carried. to adopt the recommendation as proposed.

    
    

16. Executive Officer's Report

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    • Mr. Singer updated the Board regarding concerns over the vulnerability of the wells in Squaw Valley to contamination from old leaking USTs and spill sites. Rick Lierman, manager of the SquawValley PSD, brought these concerns to the Board's attention at the October 13-14, 1999 meeting. Mr. Singer will give the Board a progress report on a monthly basis.
      
      
    • Mr. Singer discussed the problem of vessels discharging sewage into Lake Tahoe. Staff is proposing development of a comprehensive General Permit for Lake Tahoe Marinas that will address public awareness of pump-out facilities at marinas. The adoption of this General Permit is scheduled for the May 2000 Board meeting. To be effective, this may be moved up to give the marinas more time to implement new requirements for the upcoming boating year.
      
      
    • Jehiel Cass answered questions regarding Item 5 of the Executive Officer's Report.
      
      
    • Hisam Baqai answered questions regarding Item 6 of the Executive Officer's Report.
      
      
    • Mr. Singer discussed the new data reporting system for the quarterly violation report and answered questions about the violation report from Board members.
      
      


17. Reports by Chairman and Board Members

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    There were no reports by the Chairman or Board members.
    
    

The meeting adjourned at 9:22 p.m.

Mr. Sandel, Chairman, called the meeting to order at 8:40 a.m. on November 18, 1999. Board members present: Beatrice Cooley, Ph.D., Richard A. Dodge, Ph.D., Eugene B. Nebeker, Ph.D., William A. Newsom, Judge, ret., Eric Sandel, P.E. Board members absent: none.

1. PUBLIC FORUM

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   No one addressed the Board during the public forum.

   
   

   ENFORCEMENT ACTIONS

19. Continuation of 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

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    Mr. Sandel opened the public hearing and administered the oath.
    
    Tammy Lundquist, Associate Engineering Geologist with the South Lake Tahoe office, gave the staff presentation and recommended the Regional Board affirm the ACL in the amount of $210,500.
    
    Treva Hearne, attorney representing Mr. Stratton, stated there was no proof of a discharge on Mr. Stratton's property. Ms. Hearne summarized why she believed her client had complied with the Cleanup and Abatement Order. She asked that the staff report be withdrawn because it is based on flawed data provided by Chevron. Ms. Hearne asked that enclosure No. 3 be stricken from the record as heresay. Ms. Hearne requested the Board's decision in writing.
    
    Ms. Hearne cross-examined Tammy Lundquist.
    
    Roy Hampson, consultant for Mr. Stratton, cited his reasons for believing Chevron's data concerning the discharge on Mr. Stratton's property to be flawed.
    
    Mr. Stratton provided pictures he had taken