October 12-13, 2000 Meeting Minutes

Mr. Sandel, Chairman, called the meeting to order at 7:30 p.m. on October 12, 2000.

1. PUBLIC FORUM

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   E.J. Belding, Belding & Associates, discussed the use of imported sand in the basin and its effect on the clarity of Lake Tahoe.
   
   Mr. Singer suggested that Mr. Belding meet with Lauri Kemper, Chief, Lake Tahoe Watershed. to review the qualitative and quantitative data available.
   
   
2. MINUTES

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   Minutes of the Regular Meeting of September 14, 2000 in Primm will be considered at the November meeting
   
   
3. ADOPTION OF UNCONTESTED CALENDAR

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   Item 6 was removed from the agenda.
   Item 9 was removed from the uncontested calendar.
   Item 16 was placed on the uncontested calendar.
   
   

   Motion: Moved by Mr. Clarke, seconded by Dr. Nebeker and unanimously carried. to adopt the Uncontested Calendar as amended.

NPDES PERMIT

9. 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)

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   Mr. Sandel opened the public hearing and administered the oath.
   
   Lauri Kemper, Chief, Lake Tahoe Watershed, gave the staff presentation. This item was originally brought before the Board in April 2000 at which time the contents of the permit were extensively discussed. The item was postponed so that the matter could be taken to the City Council and the two county Boards of Supervisors. The presentation covered the three main areas of change in the permit since April.
   
   Robert Costa, Public Works Engineering Manager, Placer County, discussed the challenges facing the county in implementing and meeting the requirements of the permit.
   
   

   Motion: Moved by Dr. Nebeker, seconded by Mr. Clarke and unanimously carried to adopt the permit as proposed.

   
   

ENFORCEMENT ACTIONS

10. Public Hearing - Rescission of Cease and Desist Order No. 6-83-28 for David and Shellie Fischer, Silver Shadows Lodge, El Dorado County

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    Motion: Moved by Mr. Clarke, seconded by Dr. Nebeker and unanimously carried. to rescind the Cease and Desist Order as proposed.

11. Public Hearing - Rescission of Time Schedule Order No. 6-00-04 for California Department of Transportation - District 3

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    No one testified during the hearing.
    
    

    Motion: Moved by Dr. Nebeker, seconded by Dr. Cooley and unanimously carried. to rescind the Time Schedule Order as proposed.

17. Executive Officer's Report

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    • TRPA's amendment of code to allow for a pier in prime fish habitat when done in conjunction with removal of a boat ramp
    • Need for consistency between the schedule implementation dates for compliance with stormwater effluent limitations for Caltrans facilities and BMP retrofit projects in the Lake Tahoe Hydrologic Unit
    • Status of the project budget for the City of South Lake Tahoe's Trout Creek stream restoration project
    • Aerochem ground water Hexavalent Chromium issue
    • IMC Chemicals Inc., Notice to Comply and Notice of Violation issued
    • Reasons why the Molycorp item was removed from the agenda
    • Controversial issues on the November 2000 agenda
    • Searles Lake tour scheduled for the November 2000 meeting
    • Upcoming WQCC meeting in Sacramento

    
    Mr. Singer discussed a new feature of the Executive Officer's Report, status of standing items report, as requested by Board members.

18. Reports by Chairman and Board Members

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• Dr. Nebeker mentioned a report which discussed the difficulty in finding a substitute for MTBE
  
• Mr. Sandel participated in a SWRCB sponsored tour of Mono Lake
  
• Mr. Clarke attended the American Water Works Conference in Sacramento

The meeting adjourned at 9:45 p.m.

19. CLOSED SESSION

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    Note: Board members met in closed session on October 12, 2000 from 9:45 p.m. to 10:00 p.m. to discuss Item 19(d) and (f). Authority: Government Code Section 11126(e)(2)(C)(i)
    
    
    

Regular Meeting, Continued
8:30 a.m. October 13, 2000

Mr. Sandel, Chairman, called the meeting to order at 8:30 a.m. on October 13, 2000. Board members present: Jack L. Clarke, Beatrice Cooley, Ph.D., Eric Sandel, P.E., William A. Newsom, Judge, ret., Eugene B. Nebeker, Ph.D., Richard A. Dodge, Ph.D. Board members absent: None.

1. PUBLIC FORUM

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   No one addressed the board during the public forum.
   

ENFORCEMENT ACTIONS

20. Public Hearing - Consideration of an Administrative Civil Liability order or Referral to the Office of Attorney General for John F. Bosta for Failure to Cease Wastewater Discharges from an Existing Septic Tank/Leachfield System at Lassen County Assessor's Parcel Number 065-110-42, Lassen County, in Violation of Deadlines Specified in Cleanup and Abatement Order No. 6-96-150

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    Mr. Sandel opened the public hearing and administered the oath.

    Scott Ferguson, Chief, Northern Watersheds, gave the staff presentation, which included the following:
    

    • History
      
    • Violations
    • Enforcement Alternatives

John Bosta, property owner, stated that the Cease and Desist Order was based on faulty information. He further stated that his septic tank/leachfield system discharges to the land and he is therefore not in violation of the Basin Plan.

Scott Maas, Stones-Bengard Community Service District, asked the Board to fully support the staff recommendation.

There being no further testimony, Mr. Sandel closed the public hearing.

Motion: Moved by Dr. Nebeker, seconded by Dr. Dodge and unanimously carried. to adopt the resolution requesting the California Attorney General to seek injunctive relief and civil liability against John F. Bosta.




21. Public Hearing - Consideration of an Administrative Civil Liability order or Referral to the Office of Attorney General for Gregory A. Babb and Heather Babb for Failure to Cease Wastewater Discharges from an Existing Septic Tank/Leachfield System at Lassen County Assessor's Parcel Number 065-210-01, Lassen County, in Violation of Deadlines Specified in Cleanup and Abatement Order No. 6-96-067

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    Mr. Sandel opened the public hearing and administered the oath.
    
    Scott Ferguson, Chief, Northern Watersheds, gave the staff presentation.
    
    There being no further testimony, Mr. Sandel closed the public hearing.
    
    

    Motion: Moved by Dr. Dodge, seconded by Mr. Clarke and unanimously carried. to adopt the resolution requesting the California Attorney General to seek injunctive relief and civil liability against Gregory A. Babband Heather Babb.

    
    

There being no further business to come before the Board, the meeting adjourned at 11:00 a.m.