October 13-14, 1999 Meeting Minutes

Mr. Sandel, Chairman, called the meeting to order at 1:40 p.m. on Thursday, October 13, 1999.

1. PUBLIC FORUM

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   Richard Lierman, General Manager, Squaw Valley Public Service District, expressed concern over groundwater contamination near the center of the District’s well field. Mr. Lierman asked the Board to acknowledge the problem by making the protection of the community water supply a high priority.
   
   Mr. Singer stated that staff will give a presentation to the District’s Board at their October meeting. An update will be provided monthly in the Executive Officer’s Report.

2. MINUTES

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   Minutes of the Regular Meeting of September 8 and 9, 1999 in South Lake Tahoe will be considered at the November meeting.
   
   

ENFORCEMENT ACTIONS

3. Continuation of Public Hearing - Consideration of an Administrative Civil Liability Order (ACL) 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
   
   
4. Public Hearing - Consideration of an Administrative Civil Liability Order (ACL) 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

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   Note: Items 3 and 4 were considered together.
   
   Mr. Sandel opened the public hearing and administered the oath for Items 3 and 4.
   
   Mr. Singer and Mr. Blum addressed concerns raised by Patrick Wheeler, Environmental Engineer, in his October 3, 1999 letter to the Regional Board.
   
   Chuck Curtis, Associate WRCE with the Board's South Lake Tahoe office, gave the staff presentation and recommended the Regional Board affirm the ACL in the amount of $56,250 for Item 3 and $59,000 for Item 4.
   
   Patrick Wheeler, Environmental Engineer, summarized comments made in his October 3, 1999 letter. He asked the Board to consider work that has been and will be performed to cleanup the site.
   
   Jack Ferguson, speaking on behalf of his mother, Mary Ann Ferguson, owner of the Swiss Mart gas station in South Lake Tahoe, stated that his mother's primary objective is to clean up the property. Mr. Ferguson asked the Board to consider cleanup activities performed at the site and to rescind the Administrative Civil Liability.
   
   Philip Tang, operations manager at Terra Vac and remediation consultant for Mr. Amiri, cited poor technical cleanup strategy of the previous consultant as the primary reason for a lack of remediation results and missed cleanup and abatement order deadlines. Mr. Tang discussed the past, current and future task schedule in the order. Robert Dahl, with Terra Vac, discussed a pilot test which was performed at the site and answered questions from the Board.
   
   Azad Amiri, leasee and operator of Swiss Mart, asked for Board support to go forward with the cleanup. Mr. Amiri asked the Board to consider his monetary constraints. He noted he will do the best he can with the resources available.
   
   Linda Witters, member of the public, related her concerns regarding the impact to the environment and asked the Board to impose the maximum daily fine allowed under the law. Ms. Witters requested that her testimony be incorporated into the record for Item 8.
   
   Virginia Huber, El Dorado County Environmental Management, gave background information regarding contamination at the site and noted no remediation has taken place. Ms. Huber answered questions from the Board regarding conditions at the site.
   
   Mr. Curtis stated that a recommendation would be made to Mr. Singer to amend the Cleanup and Abatement Order to reflect completion dates agreed upon by responsible parties and staff.
   
   There being no further testimony, Mr. Sandel closed the public hearing.
   
   Note: Board members met in closed session on October 13, 1999 from 4:15 p.m. to 4:45 p.m. to deliberate on a decision to be reached based upon evidence introduced in the hearing related to Items 3 and 4. Authority: Government Code Section 11126(a), and (e).
   
   Following the closed session, Mr. Singer summarized the results of the Board's closed session decision as follows:
   
   
   Item 3 - ACL Assessed - $95,000
   $20,000 payable within 30 days
   $75,000 stayed pending compliance with the following tasks:
   
   

   Task	Description	Reference	Amount	Due Date
   A	Final remediation design	CAO 6-98-78A1 Task #8	15% of $75,000 ($11,250)	10/21/99
   B	Begin operation of onsite remediation system	CAO 6-98-78A1 Task #7	15% of $75,000 ($11,250)	11/09/99
   C	Begin operation of offsite remediation system	CAO 6-98-78A1 Task #9	15% of $75,000 ($11,250)	12/31/99
   D	Operate remediation system 01/01/00 through 06/30/00	N/A	55% of $75,000 ($41,250)	06/30/00

   
   
   Item 4 - ACL Assessed - $59,000
   $20,000 payable within 30 days
   $39,000 stayed pending compliance with the following tasks:
   
   

   Task	Description	Reference	Amount	Due Date
   A	Final remediation design	CAO 6-98-78A1 Task #8	15% of $39,000 ($5,850)	10/21/99
   B	Begin operation of onsite remediation system	CAO 6-98-78A1 Task #7	15% of $39,000 ($5,850)	11/09/99
   C	Begin operation of offsite remediation system	CAO 6-98-78A1 Task #9	15% of $39,000 ($5,850)	12/31/99
   D	Operate remediation system 01/01/00 through 06/30/00	N/A	55% of $39,000 ($21,450)	06/30/00

   
   
   

   Motion: Moved by Dr. Cooley to adopt Mr. Singer's summary of the Board's closed session decision. The motion was seconded by Dr. Nebeker and unanimously carried.

The meeting adjourned at 4:55 p.m.

Mr. Sandel, Chairman, called the meeting to order at 7:30 p.m. on October 13, 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.

Mr. Baggett, Member of the State Water Resources Control Board (State Board) and liaison to the Lahontan Regional Board, gave an update regarding State Board activities.

6. 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 Lahontan Region, South Lake Tahoe, El Dorado County

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   Note: Item 6 was heard prior to Item 5.
   
   Mr. Sandel opened the public hearing and administered the oath.
   
   Chuck Curtis, Associate WRCE with the Board's South Lake Tahoe office, gave the staff presentation and recommended the Board affirm the ACL in the amount of $4,000.
   
   Air Manikin, owner of Lake Tahoe Winter Sports Center, reviewed his efforts in cleaning up the site. He asked the Board to consider the accumulation of snow on the ground at the time of the spill. Paul Hale, excavating contractor, gave the Board a summary of the cleanup work done.
   
   Lauri Kemper, Senior WRCE, answered questions regarding the site.
   
   There being no further testimony, Mr. Sandel closed the public hearing.
   
   Board members discussed reducing the amount of the ACL.
   

   Motion: Moved by Judge Newsom, seconded by Dr. Nebeker to assess the ACL in the amount of $2,000. Voting yes: Dr. Cooley, Dr. Nebeker, Judge Newsom, and Mr. Sandel. Voting no: Dr. Dodge. Motion carried 4-1.

   
   

5. Public Hearing - Consideration of an Administrative Civil Liability Order (ACL) 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

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   Mr. Sandel opened the public hearing and administered the oath.
   
   Mr. Singer and Mr. Blum incorporated their introductory remarks from Items 3 and 4 into the record for Item 5. Mr. Wheeler also incorporated his introductory remarks for Items 3 and 4 into the record.
   
   Chuck Curtis, Associate WRCE with the Board's South Lake Tahoe office, gave the staff presentation and recommended the Board affirm the ACL in the amount of $78,000.
   
   Patrick Wheeler, Environmental Engineer, drew the Board's attention to voluntary cleanup at the site. He felt the ACL was invalid and incorrect and that imposing the fine would result in the stoppage of all voluntary cleanup.
   
   Robert Dahl, with Terra Vac, discussed the results of their site investigation and answered questions from the Board. Philip Tang, operations manager at Terra Vac and remediation consultant for Mr. Amiri, cited specific cleanup activities performed at the site. He discussed internal delays and financial problems resulting in missed cleanup and abatement order deadlines. Mr. Tang asked the Board to focus on remediation activities performed.
   
   Azad Amiri, leasee and operator of the Swiss Mart Chevron gas station in Kings Beach, asked the Board to look at Terra Vac's work schedule and consider the accomplishments.
   
   Jack Ferguson, speaking on behalf of his mother, Mary Ann Ferguson, owner of the Swiss Mart gas station in Kings Beach, incorporated prior testimony given for Items 3 and 4 into the record for Item 5.
   
   Mr. Curtis stated that a recommendation would be made to Mr. Singer to amend the CAO to reflect completion dates agreed upon by responsible parties and staff.
   
   There being no further testimony, Mr. Sandel closed the public hearing.
   
   Board members discussed the amount of the ACL.
   
   

   Motion: Moved by Dr. Nebeker, seconded by Judge Newsom and unanimously carried to affirm the ACL in the amount of $78,000 as follows:

   Item 5 - ACL Assessed - $78,000
   Assessed $78,000
   $18,000 payable within 30 days
   $60,000 stayed pending compliance with the following tasks:
   
   

   Task	Description	Reference	Amount	Due Date
   A	Full scale remediation design	CAO 6-99-10 Task #7	$10,000	11/06/99
   B	Begin operation of offsite remediation system	CAO 6-99-10 Task #8	$10,000	12/29/99
   C	Operate remediation system 12/30/99 through 06/30/00	N/A	$40,000	06/30/00

   
   

   
   
   

7. Public Hearing - Consideration of an Administrative Civil Liability (ACL) Order 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.
   
   Scott Ferguson, Associate WRCE with the Board's South Lake Tahoe office, gave the staff presentation and recommended the Regional Board affirm the ACL in the amount of $210,500.
   
   Treva Hearne, environmental attorney representing Mr. Stratton, asked the Board to continue the hearing for 30 days. Following discussion, it was the consensus of the Board to postpone the hearing on this matter until the November 17 and 18, 1999 meeting in Bishop.

8. 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 Clean Up and Abate Petroleum Contamination in Ground Waters in Violation of Cleanup and Abatement Orders No. 6-98-18 and No. 6-98-72, Beacon Gas Station, El Dorado County.

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   Mr. Sandel opened the public hearing and administered the oath.
   
   Mr. Patrick Wheeler, Environmental Engineer, gave his testimony on October 13, 1999, as he was unable to attend the hearing on October 14, 1999. Mr. Wheeler discussed Mr. Kang's willingness to take over remediation of the site and obstacles preventing progress in implementing clean up.
   
   The public hearing was continued until October 14, 1999 at 8:30 a.m.
   
   The meeting adjourned at 11:07 p.m.

   
   
   
   

Mr. Sandel, Chairman, called the meeting to order at 8:40 a.m. on October 14, 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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   Paul Hale, excavating contractor, addressed the Board regarding the fine imposed for Item 6 the previous day. He cited the cleanup as a "textbook" example of cooperation by a responsible party. Mr. Hale expressed concern that others might view the Board's action as a reason to not report spills and avoid a penalty.
   
   
   

8. Public Hearing - (continued from October 13, 1999) 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 Clean Up and Abate Petroleum Contamination in Ground Waters in Violation of Cleanup and Abatement Orders No. 6-98-18 and No. 6-98-72, Beacon Gas Station, El Dorado County

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   Mr. Sandel opened the public hearing and administered the oath.
   
   Lisa Dernbach, Associate Engineering Geologist, with the Board's South Lake Tahoe office, gave the staff presentation and recommended the Regional Board affirm the ACL in the amount of $225,000.
   
   Note: For Patrick Wheeler's comments, see above in these minutes.
   
   Sarbjit Singh Kang, operator of the Beacon Gas station in Myers, commented that all contamination at the site occurred prior to his operation of the station. He did not feel he should be held responsible.
   
   Virginia Huber, El Dorado County Environmental Management, stated that leaks had occurred at the site after Mr. Kang became the operator at the Beacon station.
   
   Mr. Sandel administered the oath to Azad Amiri. Mr. Amiri discussed the secondary system which was installed at the station. Mr. Amiri asked the Board to recognize that contamination occurred prior to Mr. Kang's operation of the station.
   
   Note: Board members met in closed session on October 14, 1999 from 9:45 a.m. to 10:15 a.m. to deliberate on a decision to be reached based upon evidence introduced in the hearing related to Item 8. Authority: Government Code Section 11126(a), and (e).
   
   

   Motion: Moved by Eugene Nebeker, seconded by Dr. Dodge and unanimously carried, to access the ACL in the reduced amount of $112,500.


OTHER BUSINESS

9. Lahontan II Development Project, Placer County - Exception to the 100-year Flood Plain Discharge Prohibition Contained in the Water Quality Control Plan for Lahontan Region

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   Item 9 was continued until the November Board meeting.
   
   Note: Items 13 and 14 were heard prior to Item 10.
   
   

13. 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

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    Mr. Singer noted that Item 13 was settled for $198,000. The settlement included a number of mitigation projects that will benefit Lake Tahoe.
    
    
    
14. Public Hearing - Consideration of an Administrative Civil Liability Order (ACL) for USA Petroleum Corporation for Violation of Deadlines in Cleanup and Abatement Orders No. 6-97-101 and No. 6-97-101A, El Dorado County

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    Mr. Singer noted that Item 14 was settled for $250,000: $50,000 to be deferred if USA removes MTBE gas from the Terrible Herbst gas station by November 1, 1999; $25,000 will be deferred if MTBE is removed by December 1, 1999. If MTBE gas is not removed by January 1, 2000, the station will be taken out of service. USA agreed to pay stipulated penalties if certain tasks are not performed.
    
    
    

10. Executive Officer's Report

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    • Mr. Singer discussed the success of the treatment plant at Leviathan Mine and thanked staff for their tremendous efforts. Staff will be looking ahead to next summer and what activities will be conducted.
      
      
    • Mr. Singer discussed measures taken to certify that the facilities with the most potential to damage water quality have taken appropriate actions to address their Y2K potential.
      
      
    • Mr. Singer discussed legislation that imposes minimum mandatory penalties to NPDES permitted dischargers. The Board is also required to review waiver of WDR categories as found in the Basin Plan.
      
      
    • Two Total Maximum Daily Load allocations will come before the Board in 2000 for adoption. Board members agreed to a workshop regarding the TMDL process.
      
      
    • Mr. Singer thanked staff for all their efforts in the hiring process. Bob Dodds gave an update on the number of vacancies in the South Lake Tahoe and Victorville office.
      
      
    • Mr. Sandel now has an e-mail address at the South Lake Tahoe office. Board members were given the option of establishing an office e-mail address.
      
      
    • Hisam Baqai answered questions regarding Item 5 of the Executive Officer's Report.

      
      

11. Reports by Chairman and Board Members

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    • Dr. Nebeker thanked Lisa Dernbach and Chuck Curtis for the quality of their presentations.

      
      

There being no further business to come before the Board, the meeting adjourned at 10:45 a.m.