September 8-9 , 1999 Meeting Minutes

Regional Board members, staff and interested parties participated in a walking tour of Tahoe Tom's Gas Station in South Lake Tahoe, on September 8 from 3:00 p.m. to 5:00 p.m.

Dr. Nebeker served as Chairman. The meeting was called to order at 7:30 p.m. on Thursday, September 8, 1999.

1. WORKSHOP: Discussion of Regional Board Programs, FY 1999-2000 Budget and Priorities

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   Harold Singer, Robert Dodds and Hisam Baqai gave an overview of Regional Board programs, resources and priorities
   
   

Note: Board members met in closed session on September 8, 1999, from 10:00 p.m. to 10:55 p.m. to discuss Item f - Discussion to Decide Whether to Initiate Litigation, Molycorp, San Bernardino County. Authority: Government Code Section 11126 (e)(2)(C)(i). There being no further business to come before the Board, the meeting adjourned at 10:55 p.m.

Dr. Nebeker, served as Chairman. The meeting was called to order at 8:30 a.m. on September 9, 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. Singer presented a Sustained Superior Accomplishment Award to Lisa Dernbach, Associate Engineering Geologist with the Board's South Lake Tahoe office.

6. PUBLIC FORUM

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   No one addressed the Board during the public forum.
   
   
7. MINUTES

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   Minutes of the Regular Meeting of November 5, 1998 in Lancaster
   
   

   Motion: Moved by Mr. Sandel seconded by Dr. Dodge and unanimously carried to adopt the November 5, 1998 minutes as proposed. Dr. Cooley and Judge Newsom abstained from the vote.

   
   
8. ADOPTION OF CONSENT CALENDAR

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   Mr. Singer drew the Board's attention to a late revision to Item No. 17. He recommended the Board adopt Items 9 through 26 as proposed on the Consent Calendar, incorporating the changes to Item 17 recommended in the late revision sheet.
   
   

   Motion: Moved by Dr. Dodge, seconded by Mr. Sandel and unanimously carried to adopt the Consent Calendar as proposed, incorporating the changes to Item 17 in the late revision sheet

   
   
   

ENFORCEMENT ACTIONS

27. Public Hearing - Consideration of an Administrative Civil Liability (ACL) Order for Gersick Enterprises and Terry Libbon for Failure to Submit a Technical Report for Lake Tahoe Car Wash in Violation of California Water Code (CWC) Section 13267, El Dorado County

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    Mr. Singer noted the ACL Complaint was settled for $18,000 ($9,000 to be paid by Gersick Enterprises and $9,000 by Terry Libbon). A $9,000 check was received from Gersick Enterprises. Terry Libbon must pay $9,000 by October 1, 1999 or his portion of the fine will double.
    
    
28. 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

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    Board members considered a written request by Mr. Patrick Wheeler, Environmental Engineer and verbal request by Mr. Azad Amiri, leasee and operator of Swiss Mart, to postpone the hearing to a future Board meeting. Following discussion, it was the consensus of the Board to proceed with the public hearing as scheduled.
    
    Dr. Nebeker 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 Regional Board affirm the ACL in the amount of $56,250.
    
    Philip Tang, operations manager at Terra Vac and remediation consultant for Mr. Amiri, discussed internal delays and financial problems resulting in missed cleanup and abatement order deadlines. He asked the Board for an additional month to complete site assessment and to design and install a larger remediation system. Robert Dahl with Terra Vac, answered questions regarding delays in implementing the workplan.
    
    Azad Amiri, leasee and operator of Swiss Mart, discussed reasons for the delay in meeting the requirements of the cleanup and abatement order.
    
    Jack Ferguson, speaking on behalf of his mother, Mary Ann Ferguson, owner of the Swiss Mart gas stations in South Lake Tahoe and Kings Beach, gave background information regarding two pending lawsuits between his mother and Mr. Amiri over possession of the gas stations. Mr. Ferguson stated that his mother has been denied access to the site by Mr. Amiri and has not been informed of cleanup activities by Mr. Amiri's consultant.
    
    There being no further testimony, Dr. Nebeker closed the public hearing.
    
    Board members discussed the amount of the ACL.
    
    

    Motion: Moved by Mr. Sandel to adopt staff's recommendation to affirm the ACL in the amount of $56,250. Motion died for lack of a second.

    Motion: Moved by Dr. Dodge to assess an ACL for less than the amount recommended by staff; to be increased to staff's recommendation of $56,250 should compliance not be achieved. Motion died for lack of a second.

    
    

Board members discussed lowering the amount of the ACL. Mr. Blum, legal counsel to the Board, noted that pursuant to Section 13350g of the Porter-Cologne Water Quality Control Act, the Board must consider factors in Section 13327 and make specific findings when assessing an amount less than the minimum civil liability. Mr. Blum outlined other alternatives open to the Board.

Mr. Singer noted that staff is considering issuing another ACL for noncompliance with additional deadlines.

Dr. Nebeker reopened the public hearing to hear further testimony.

Mr. Curtis discussed three additional deadlines in the cleanup and abatement order that have not been met as well as a September 15, 1999 deadline.

Mr. Singer suggested the responsible parties meet with their consultants and send a letter to Regional Board staff outlining the work to be performed at the site and providing achievable dates of completion for each task listed in the cleanup and abatement order. Mr. Singer commented that the letter should be received at the Regional Board's South Lake Tahoe office no later than September 16, 1999. Regional Board staff will provide a report to the Board at the October meeting at which time the Board can reconsider the ACL. Mr. Singer noted that issues heard at the September meeting would not be reconsidered at the October meeting. Board members concurred with Mr. Singer's suggestion.

Dr. Nebeker closed the public hearing and continued consideration of Item 28 to the October meeting.




29. Public Hearing - Consideration of an Administrative Civil Liability Order (ACL) for Mary Ann Ferguson, Azad Amiri, Mohan Singh, and Sohan Singh for Failure to Submit a Technical Report for the Swiss Mart Chevron in Kings Beach in Violation of California Water Code (CWC) Section 13267, Placer County

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    Dr. Nebeker 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 $36,600.
    
    Azad Amiri, leasee and operator of the Swiss Mart Chevron gas station in Kings Beach, discussed reasons for the delay in meeting the Board's requirements and legal issues with Mary Ann Ferguson, the owner of the site.
    
    Philip Tang, operations manager for Terra Vac and consultant to Mr. Amiri, incorporated prior testimony given for Item 28 into the record for Item 29. Mr. Tang discussed recent activities at the site. Mr. Dahl, project manager, answered questions regarding the workplan.
    
    Jack Ferguson, speaking on behalf of his mother, Mary Ann Ferguson, owner of the Swiss Mart gas stations in South Lake Tahoe and Kings Beach, incorporated prior testimony given for Item 28 into the record for Item 29. Mr. Ferguson discussed legal issues between Mr. Amiri and his mother and asked the Board to take the issues into consideration when deciding responsibility for the ACL.
    
    There being no further testimony, Dr. Nebeker closed the public hearing.
    
    Board members discussed the amount of the ACL.
    
    

    Motion: Moved by Dr. Dodge, seconded by Mr. Sandel and unanimously carried to adopt staff's recommendation to affirm the ACL in the amount of $36,600.

    
    

Note: Board members met in closed session from 11:30 a.m. to 12:05 p.m. to discuss Item f - Discussion to Decide Whether to Initiate Litigation, Molycorp, San Bernardino County. Authority: Government Code Section 11126 (e)(2)(C)(i).

OTHER BUSINESS

2. Executive Officer's Report

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   • Mr. Singer discussed the meeting schedule for the remainder of 1999. The October 13-14, 1999 meeting will be held in South Lake Tahoe; the November 17-18, 1999 meeting will be held in Bishop. The Board will not meet in December 1999.
     
     Board members discussed the meeting schedule for 2000. Following discussion, it was decided to meet on the second Wednesday/Thursday of the month. The South Lake Tahoe meetings will be held on the second Thursday/Friday of the month because the South Lake Tahoe City Council Chambers is not available on Wednesdays. Exact locations were not decided but will rotate between the northern and southern portions of the region. The January meeting will be held in the north.
     
     
   • Mr. Singer discussed the Executive Officer's Report and answered questions regarding the Quarterly Violations Report.
     
     
   • Mr. Singer gave a status report regarding acid mine treatment at Leviathan Mine. He complimented staff working at the mine for their hard work and dedication to the project.
     
     Mr. Singer handed out and discussed a brochure provided by HPT Research, Inc., regarding an acid mine drainage treatment process. Regional Board staff met with representatives of the company to discuss the treatment process.
     
     
   • Mr. Singer discussed a proposal by the USGS to perform a dye test of the Truckee River below the dam in Tahoe City. Scott Ferguson answered questions regarding the proposal and noted the test, which will occur in September, will violate water quality objectives for aesthetics. Mr. Blum noted the Board could not issue a permit for such an activity. Mr. Singer will send a letter to the USGS stating that it is not his intent to pursue enforcement action if the USGS proceeds with the proposal.
     
     
3. Reports by Chairman and Board Members

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   • Dr. Nebeker thanked Mr. Sandel for attending the Chair's meeting in Sacramento on August 24, 1999.
     
     
   • Mr. Sandel attended the 2nd Anniversary of the Lake Tahoe Presidential Forum at Sand Harbor, Nevada, on August 11, 1999.
     
     
   • Dr. Dodge welcomed Judge Newsom and Dr. Cooley to the Board.
     
     
4. Election of Chair and Vice-Chair for 1999

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   Motion: Moved by Dr. Dodge, seconded by Judge Newsom and unanimously carried to elect Mr. Sandel as Chair for 1999.

   
   

   Motion: Moved by Dr. Nebeker, seconded by Mr. Sandel and unanimously carried to elect Dr. Dodge as Vice-Chair for 1999.

   
   
   

There being no further business to come before the Board, the meeting adjourned at 1:00 p.m.