Meeting Announcement
9:00 a.m., Thursday, June 15, 2023
&
9:00 a.m., Friday, June 16, 2023
Regional Water Quality Control Board
David C. Joseph Room
5550 Skylane Blvd., Suite A
Santa Rosa, CA 95403
and via Video and Teleconference
Resumption of In-Person Meetings with a Remote Participation Option
Beginning with the April 7, 2022, North Coast Regional Water Quality Control Board meeting, Board Members and staff have resumed in-person meetings with a physical meeting location open to the public. Members of the public who wish to observe or to address the members may join the Board Members at the noticed, physical location, or may use the Zoom application to address the Board from a remote location. Members of the public will also be able to listen to and watch the meeting on the CAL-SPAN webcast.
Video and Teleconference Options:
- For those who only wish to watch the meeting, the customary webcast remains available at Cal-Span and should be used UNLESS you intend to comment.
- For those who wish to comment on an agenda item from a remote location, please complete the virtual speaker card available here:
(https://us02web.zoom.us/webinar/register/WN_1I8mZa8ETYeiioPhk48_3A). - For those who wish to comment on an agenda item in-person at the physical meeting location, please complete a pink speaker card located on the handout table at the time of arrival and give to the Board Clerk.
Supporting documents for agenda items are posted on our website at least 10 days prior to the scheduled meeting. To view or download documents, go to North Coast Water Board.
Except for items designated as time certain, there are no set times for agenda items. Items may be taken out of order at the discretion of the Chair. Agenda items are subject to postponement. You may contact the designated staff contact person in advance of the meeting day for information on the status of any agenda item.
Thursday, June 15, 2023 – 9:00 A.M.
i. Land Acknowledgement
ii. Pledge of Allegiance
iii. Roll Call and Introductions
iv. Board Member Reports and Ex Parte Communication Disclosure. This item is for Board discussion only. No public testimony will be allowed, and the Board will take no formal action.
v. Public Forum: Time will be reserved for the general public to address the Board on any matter within the Board’s jurisdiction, excluding those items on the agenda. The Board Chair may limit the public forum to thirty (30) minutes initially and continue any remaining appearances beyond the thirty (30) minutes at the end of the regularly scheduled business of the day. The Board Chair requests that each person addressing the Board limit their presentation to five (5) minutes.
1. Approval of Meeting Minutes: April 6, 2023
2. 2024 Board Meeting Schedule (Valerie Quinto)
Action Items
3. Public Hearing on Administrative Civil Liability Complaint No. R1-2023-0009 issued to Daniel Maldonado Suarez, Mendocino County Assessor’s Parcel Number (APN) 011-520-09-01 (Shannon Utley)
- Administrative Civil Liability Complaint including Penalty Methodology in Attachment A
- Comments and Objections to Hearing Procedure
- Notice of Public Hearing and Final Hearing Procedure
- Prosecution Team Motion and Advisory Response
- Prosecution Team Case in Chief
- Discharger Case in Chief
- Rebuttal Briefs and Evidentiary Objections
- Proposed Order R1-2023-0043
- Executive Officer’s Summary Report
- For copies of all documents, please contact Shannon Utley at ShannonM.Utley@waterboards.ca.gov of the Advisory Team.
Uncontested Items
Uncontested items may be removed at the request of any Board member or person. If an item is removed from the uncontested calendar for discussion, it will only be voted on at this meeting if no significant changes are made to the agenda item. Otherwise, the item will be continued to a subsequent board meeting to allow input from interested persons.
4. Public Hearing on Order No. R1-2023-0003 to consider for adoption of proposed Waste Discharge Requirements for Manila Community Services District WWTF (Roy O’Connor)
5. Public Hearing on Order No. R1-2023-0006 to consider adoption of proposed Waste Discharge Requirements for the Covelo Community Services District (Covelo CSD) Wastewater Treatment Facility, WDID No. 1B830090MEN, NPDES No. CA0023574 (Sabrina Cegielski)
- Proposed Order No. R1-2023-0006
- Response to Comments Document
- Notice of Public Hearing
- Executive Officer’s Summary Report
6. Public Hearing on Order No. R1-2023-0010 to consider for adoption of proposed Waste Discharge Requirements for Sonoma County Annapolis Solid Waste Disposal Site (Terri Cia)
- Proposed Order R1-2023-0010
- Proposed MRP R1-2023-0010
- Staff Responses to Comments
- Notice of Public Hearing
- Executive Officer’s Summary Report
7. Public Hearing on Order No. R1-2023-0011 to consider for adoption of proposed Waste Discharge Requirements for Bodega Bay Public Utility District WWTP (Ben Zabinsky)
- Proposed Order R1-2023-0011
- Notice of Public Hearing
- Response to Written Comments Document
- Executive Officer’s Summary Report
8. Public Hearing on Order No. R1-2023-0013 to consider for adoption of proposed Waste Discharge Requirements for Hopland Public Utility District WWTP (Lynette Shipsey)
- Proposed Order R1-2023-0013
- Staff Response to Comments
- Notice of Public Hearing
- Executive Officer’s Summary Report
Information Item
9. FY 23/24 Division Work Plans (Valerie Quinto, Executive Staff)
- Introduction and Office-wide Initiatives
- Organizational chart
- Point Source Control & Groundwater Protection Division FY 2023-2024 Workplan
- Nonpoint Source & Surface Water Protection Division Fiscal Year 2023-2024 Workplan
- Planning & Watershed Stewardship Division Fiscal Year 2023-2024 Workplan
- Cannabis & Enforcement DivisionFiscal Year 2023-2024 Workplan
Friday, June 16, 2023 – 9:00 A.M.
i. Land Acknowledgement
ii. Pledge of Allegiance
iii. Roll Call and Introductions
iv. State Board Liaison’s and Executive Officer’s Reports: These items are for Board discussion only. No public testimony will be allowed, and the Board will take no formal action.
v. Board Chair’s Report: No public testimony will be allowed, and the Board will take no formal action.
vi. Public Forum: Time will be reserved for the general public to address the Board on any matter within the Board’s jurisdiction, excluding those items on the agenda. The Board Chair may limit the public forum to thirty (30) minutes initially and continue any remaining appearances beyond the thirty (30) minutes at the end of the regularly scheduled business of the day. The Board Chair requests that each person addressing the Board limit their presentation to five (5) minutes.
Action Items
10. Adoption of Draft Order No. R1-2023-0034, Waiver of Waste Discharge Requirements and General Water Quality Certification for Road Management and Activities Conducted Under the Five Counties Salmonid Conservation Program in the North Coast Region (Maggie Robinson)
- Proposed Order No. R1-2023-0034
- Attachment A
- Attachment B
- Attachment C
- Attachment D
- Attachment E: Application for General 401 Water Quality Certification and/or Waiver of Waste Discharge Requirements (5C Projects). For a copy of attachment E, please contact Maggie Robinson at Maggie.Robinson@waterboards.ca.gov
- Attachment F
- Notice of Public Hearing and Comment Period
- Executive Officer’s Summary Report
11. Public Hearing on Administrative Civil Liability Complaint No. R1-2023-0026 issued to Ken Bareilles, Sonoma County, Assessor’s Parcel Number (APN) 110-190-001-00 (Chad Johnson)
- Administrative Civil Liability Complaint
- Comments and Objections to Hearing Procedure and Advisory Team Responses
- Notice and Final Hearing Procedure
- Prosecution Team Evidence and Witness Information
- Discharger Evidence and Witness Information
- Evidentiary Objections
- Proposed Order R1-2023-0040
- Attachment A (Clean Copy)
- Attachment A (Strikeout and Underline Version)
- Administrative Civil Liability Fact Sheet
- Executive Officer’s Summary Report
- For copies of all documents, please contact Chad Johnson at chad.johnson@waterboards.ca.gov of the Advisory Team.
Information Items
12. Executive Officer’s Report (Valerie Quinto)
13. Board Member Requests for Future Agenda Items and Other Items of Interest (Valerie Quinto)
Closed Session
14. The Board may meet in closed session to:
- Consider evidence received in an adjudicatory hearing and deliberate on a decision to be reached based on that evidence (Gov. Code, §11126, subd. (c)(3));
- Consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against a public employee (Gov. Code, § 11126, subd. (a)(1));
- Discuss whether to initiate litigation (Gov. Code, § 11126, subd. (e)(2)(C)(i)); and
- Discuss significant exposure to litigation or initiated litigation in the following matters (Gov. Code, § 11126, subd.(e)); (Gov. Code § 11126, subd. (e)(2)(B)(i)):
- Humboldt Redwood Company LLC v. North Coast Regional Water Quality Control Board; State Water Resources Control Board, Petition for Writ of Mandate and Complaint; Humboldt County Superior Court, Case No. CV 1901082 (Nov. 18, 2019.)
- People of the State of California, Ex. Rel. The Regional Water Quality Control Board, North Coast Region v. Independence Corporate Offices, Inc., a California Corporation; Clay Tucker, an individual; Rincon Land Holdings LLC, an Arizona Corporation and Does 1-50 Inclusive (September 11, 2017) Trinity County Superior Court, Case No. SCV-17CV066.
- Green Diamond Resource Company v. North Coast Regional Water Quality Control Board; State Water Resources Control Board Real Party in Interest, Petition for Writ of Mandate and Complaint; Humboldt County Superior Court, Case No. CV 2000678 (July 8, 2020.)
- People of the State of California, Ex. Rel. Department of Fish and Wildlife, State Water Resources Control Board, and Regional Water Quality Control Board, North Coast Region v. Shadowlight Ranch LLC; Joshua Sweet; Bohdan Curran, Individually and DBA Curran Equipment and Does 1 Through 30 inclusive, Humboldt County Superior Court Case No. CV 2001113 (October 30, 2020.)
- Sonoma Luxury Resort LLC v. Regional Water Quality Control Board, North Coast Region, Petition for Administrative Mandamus, SCV 268564, Sonoma County Superior Court (June 3, 2021).
- Humboldt Redwood Company and Green Diamond Resource Company v. California State Water Resources Control Board and North Coast Regional Water Quality Control Board, Humboldt County Superior Court, Case No. CV2000678, (September 24, 2021).
15. Arrangements for Next Meeting and Adjournment
9:00 a.m., Thursday August 3, 2023, and
9:00 a.m., Friday August 4, 2023
5550 Skylane Blvd, Suite A
Santa Rosa, CA 95403
Procedures and Notes
Accessibility - The facility is accessible to people with disabilities. Anyone requiring reasonable accommodation to participate in the meeting should contact Deidre Wilkerson, Executive Assistant, at (707) 576-2066 or Deidre.Wilkerson@waterboards.ca.gov at least 5 working days prior to the meeting. TTY/TDD/Speech-to-Speech users may contact the California Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922.General Statement - The primary duty of the Regional Water Board is to protect the quality of the waters within the region for all beneficial uses. This duty is implemented by formulating and adopting water quality plans for specific ground or surface water basins, and by prescribing and enforcing requirements on all domestic and industrial waste discharges. Responsibilities and procedures of the Regional Water Quality Control Board come from the state's Porter-Cologne Water Quality Act and the nation's Clean Water Act.
Written Comments, Oral Comments and Presentations - The purpose of the meeting is for the Regional Water Board to obtain testimony and information from concerned and affected parties and make decisions after considering the recommendations made by the Executive Officer. The Regional Water Board and staff welcome information on pertinent problems, but comments at the meeting should be brief and directed to specifics of the case to enable the Regional Water Board to take the appropriate action.
Materials for each agenda item that will be considered by the Regional Water Board are posted on the Regional Water Board’s website and may be provided to each person on the interested parties list. If you wish to be added to our interested parties list for a specific agenda item, please contact the staff person listed with the item in this agenda notice.
Written comments and materials must be submitted by the deadlines set by item-specific Notices and/or Hearing Procedures. Written comments and materials for information items must be submitted at least three days before the Board meeting. Written comments and materials that are received after identified deadlines will not generally be admitted. Any person requesting to submit late materials must demonstrate good cause, and the Chair must find that the admission of the late materials would not prejudice the North Coast Regional Water Board or any designated party. Pursuant to title 23, California Code of Regulations, section 648.4, the Regional Water Board may refuse to admit written testimony or evidence into the administrative record if it is not submitted to the Regional Water Board in a timely manner, unless the proponent can demonstrate why he or she was unable to submit the material on time or that compliance with the deadline would create an unreasonable hardship.
Any person who appears before the Board has an obligation to represent their interest in a professional manner. We expect all statements made before this Board to be truthful, with no attempts to mislead this Board by false statements, deceptive presentation, or failure to include essential information.
In order to give everyone an opportunity to be heard, a time limit for oral comments may be imposed on any agenda item. Interested persons are encouraged to submit their comments in writing by the applicable due date and use time for oral comments to summarize those concerns. Speakers should plan to deliver their oral comments within 5 minutes. If a longer period of time is desired, speakers will be expected to notify the Executive Officer three days prior to the meeting date, for approval by the Chair and for scheduling purposes. The speaker will be expected to have submitted a written summary of the comments to be delivered by the due date for the associated agenda item and limit oral comments to a summary of pertinent points previously presented in writing.
Speakers are responsible for providing and operating projectors and other presentation aids. Some equipment may be available at the Board meeting; however, the type of equipment available will vary depending on the meeting location. To ascertain the availability of presentation equipment please contact Deidre Wilkerson at (707) 576-2066 or Deidre.Wilkerson@waterboards.ca.gov at least 5 working days prior to the meeting.
Hearing Record - Material presented to the Regional Water Board as part of testimony that is to be made part of the record must be left with the Regional Water Board. This includes photographs, slides, charts, diagrams, written testimony, etc. All Regional Water Board files pertaining to the items on this agenda are hereby made a part of the record submitted by staff to the Regional Water Board for its consideration prior to action on the related items.
Petition of Regional Water Board Action - Any person affected adversely by a decision of the Regional Water Board may petition the State Water Resources Control Board (State Water Board), to review the decision in accordance with Water Code section 13320 and California Code of Regulations, title 23, sections 2050 and following. The State Water Board must receive the petition by 5:00 p.m., 30 days after the date of the Regional Water Board’s action, except if the thirtieth day following the action falls on a Saturday, Sunday or state holiday, the petition must be received by the State Water Board by 5:00 p.m. on the next business day. Copies of the laws and regulations applicable to filing a petition will be provided upon request, and may also be accessed at Water Quality Petitions (https://www.waterboards.ca.gov/public_notices/petitions/water_quality/).
Board MembersHector Bedolla, Board Chair Healdsburg Gregory Giusti, Vice Chair Ukiah Shaunna McCovey Eureka
William Matsubu Eureka Alexandra Hart Montague Vacant Vacant State BoardDorene D’Adamo
State Board Liaison
Management StaffValerie Quinto
Executive Officer
Josh Curtis Assistant Executive Officer Claudia Villacorta Assistant Executive Officer Matthias St. John
Climate Specialist
Deidre Wilkerson
Executive Assistant
Nathan Jacobsen
Counsel to the Board
Bayley Toft-Dupuy Counsel to the Board Edith Viera
Staff Services Manager
Celene Uribe
Small Business Liaison
Planning & Stewardship DivisionVacant
Division Supervisor
Lisa Bernard
Supervisor, Planning Unit
Katharine Carter
Supervisor, Adaptive Watershed Management Unit
Bryan McFadin
Flow & Riparian Protection Specialist
Elias Scott Stewardship Specialist Elizabeth Pope
Humboldt Bay Stewardship Specialist
Nonpoint Source & Surface Water Protection DivisionJohnathan Warmerdam
Division Supervisor
James Burke
Supervisor, Southern Nonpoint Source and Forestry Unit
Forest Fortescue
Supervisor, Northern Nonpoint Source and Forestry Unit
Gil Falcone Supervisor, Southern 401 Certification & Nonpoint Source Protection Unit Ryan Bey Supervisor, Northern 401 Certification & Nonpoint Source Protection Unit Jake Shannon
Restoration Specialist
Point Source Control & Groundwater Protection DivisionCharles Reed
Division Supervisor
Heaven Moore
Supervisor, NPDES Unit
Heidi Bauer Supervisor, Cleanup Unit Kelsey Cody Supervisor, Land Disposal & Groundwater Permitting Unit Chris Watt Groundwater Specialist Cannabis & Enforcement DivisionKason Grady Division Supervisor David Kusmar Supervisor, Cannabis Regulatory Unit 1 Mona Dougherty Supervisor, Cannabis Regulatory Unit 2 Jeremiah Puget Supervisor, Compliance Assurance Unit Regional Water Quality Control Board
North Coast Region
5550 Skylane Boulevard, Suite A
Santa Rosa, CA 95403
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