NOTICE OF PUBLIC MEETING
Friday, December 7, 2007 – 8:30 a.m.
[See last page for location maps]
Staff will review and
transmit all written material to the Board Members received by Wednesday of
the week prior to the Board meeting, 5:00 p.m., or by any earlier due date
required in a hearing notice for a specific agenda item. Please see the Conduct of Meeting section on
Pages 7-9 and below, for the Central Coast Water Board’s procedures for
accepting late submittals.
The 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 Board to take the
appropriate action. Whenever possible,
lengthy testimony should be presented to the Board in writing and only a
summary of pertinent points presented verbally.
In order to give everyone an opportunity to be heard, comments should
have been previously submitted in writing and a time limit on presentations
may be imposed on any agenda item.
Speakers should plan to summarize their key points as much as
possible. The Chair will allocate time
to individual speakers according to the number of speakers present. For scheduling purposes, requests for
extended speaking times should be submitted to staff as soon as possible after
the agenda is mailed. The Chair will
decide whether to grant such requests, and staff will let the speakers know if
the Chair granted the request. The Chair
may change the order of the agenda items at any time.
Friday, December 7, 2007, 8:30 a.m.
1. Roll Call [Carol Hewitt 805/549-3503].........................................................Board
Members Present
2. Introductions [Roger Briggs 805/549-3140]..............................................Guests
and Staff Present
3. Approval
of October 19, 2007 Meeting Minutes..........................................................Board
Motion
4. Uncontested
Items Calendar............................................................................................Board
Motion
(Agenda
Item number 16 with a single asterisk (*), is expected to be routine and
non-controversial. Recommended action on this item will be taken at the
beginning of the meeting without discussion.
If any Interested Person, Board Member, or the Executive Officer
requests that an item be removed from the calendar, it will be taken up in
order).
5. Report by
State Water Resources Control Board Liaison [Gary Wolff 916/341-5607]....Status Report
6. Public Forum................................................................................................................Board
Direction
[Any person may address the
Board regarding a matter within the Board's jurisdiction that is not related to
an item on this meeting agenda. Comments will generally be limited to three minutes,
unless otherwise directed by the Chair.
Any person wishing to make a longer presentation should contact the
Executive Officer at least one week prior to the meeting (the Friday before a
Friday meeting). Comments regarding matters that are scheduled for a future
meeting will be restricted.]
Water Quality Award
7.
(Adopt
Resolution of Appreciation) [David LaCaro 805/549-3892]
Low Threat and General Discharge Cases
8. Low Threat and General Discharge Cases............................... Information/Discussion/Board
Approval
Corrective Action Plan Approval
Mission Linen Supply,
[Sheila Soderberg 805/549-3592]
Staff Closed Cases
Katch-Go Mobil Service Station,
[Corey Walsh 805/542-4781]
Former Unocal Service Station,
[Tom Sayles 805/542-4640]
Architectural Window Products,
[Tom Sayles 805/542-4640]
Cases
Recommended For Closure
Former
Martinelli Property, Lots 34 and 41 of
Former
Farm Fuel Site,
[David
Schwartzbart 805/542-4643]
Former
Illicit Drug Lab at Unnumbered Turri Road Address, Los Osos, San Luis Obispo
County
[David
Schwartzbart 805/542-4643]
General NPDES Permit
for the Discharge of Highly Treated Groundwater
Dave and Lola Hart
Family Trust,
[John Mijares
805/549-3696]
General NPDES Permit
for Discharges with Low Threat to Water Quality
City of
Storm Water
9. Municipal Storm Water Regulation and MS4
General Permit
Enrollment Strategy [Dominic Roques 805/542-4780]........................... Status Report/Board Direction
Enforcement
10.
(Adopt
ACL Order for Failure to Submit Industrial Storm Water Annual Report)
[Todd Stanley 805/542-4769]
11. Paul Trucking,
(Adopt
ACL Order for Failure to Submit Industrial Storm Water Annual Report)
[Todd Stanley 805/542-4769]
12. Gerry’s Foreign Auto Wrecking,
(Adopt
ACL Order for Failure to Submit Industrial Storm Water Annual Report)
[Todd Stanley 805/542-4769]
Cleanup Cases
13.
(Status
Update) [Karyn
Steckling 805/542-4642]
14. Perchlorate
Cases,
(Status Update) Whittaker Corporation, BAE Systems, MK Ballistics
[Kristina Seley 805/549-3121]
15. Olin
Corporation,
[This Item will be heard after 10:30 a.m.]
(Direct Executive Officer to Issue Cleanup
and Abatement Order No. R3-2007-0077)
[Hector Hernandez 805/542-4641 and
Thea Tryon 805/542-4776]
Waste Discharge
Requirements
*16. Furtado Dairy,
(Rescission of Waste Discharge Requirements)
[Michael Higgins
805-542-4649]
Enforcement
17. Los
Osos Wastewater Project, Enforcement Update........................................................ Status
Report
[This item will be heard after 1:30 pm]
[Michael
Thomas 805/542-4623]
18. Enforcement
Report [
Status Reports
19. Land Disposal Program Update....................................................................................... Status
Report
[Dean Thomas 805/549-3690 and John Robertson 805/542-4630]
Administrative Items
20. Reports
by
21. Executive
Officer’s Report [Roger Briggs 805/549-3140].................................. Information/Discussion
Water Quality Certifications
[A chart is provided in the agenda
listing the applications received from September 1, 2007 through October 31,
2007. A listing of pending applications for
Water Quality Certifications pursuant to Section 401 of the Clean Water Act may
be obtained by calling Dominic Roques at 805/542-4780.]
Cleanup
Reports
Status
Reports (Informational Updates; NOTE:
Board may give policy direction):
Underground
Tanks Summary Report dated October 29, 2007 [Chris Adair 805/549-3761]
Regional
Reports
Regional Monitoring Report [Karen Worcester
805/549-3333]
Total Maximum Daily Loads Report [Lisa Horowitz
McCann 805/549-3132]
Administrative
Reports
Presentations
and Training [Roger Briggs 805/549-3140]
Closed Session
Discussion of Cases in Litigation [Senior Staff Counsel
Frances McChesney]............... Closed
Session
The
Board will meet in closed session to discuss pending litigation, as authorized
by Government Code (GC) Section 11126[e][2][A], in the cases of:
1. Voices of the Wetlands, et al, v.
Regional Water Quality Control Board (
2. Birkey
et al. v. Olin Corporation et al. (
3.
4. Los Osos Community Services District
v.
5.
6. Stephen Onstot, Gregory Murphy and Julie
Tacker vs.
7. Los Osos CSD v.
8.
Los Osos Community Services District (Bankruptcy), Central District of
9. Ken Berry, et al. v.
10. Prohibition Zone Legal Defense Fund,
et al., v.
11. Petition of the Natural Resources
Defense Council (
12. Petition of NRDC et al. (
13. Petition of Bob Rudolph Enterprises,
Inc. (Cleanup and Abatement Order No.
R3-2006-0081), SWRCB/OCC File Nos. A-1766 and A-1343;
14. Petition of Maxine Heim (CAO
R3-2007-0030), SWRCB/OCC File No. A-1858;
15. Petition of Desal Response Group (Ocean View CSD Desalination Facility,
The
Board may discuss significant exposure to litigation as authorized by GC
Section 11126[e][2][B]. The Board may
also decide whether to initiate litigation as authorized by GC Section
11126[e][2][C].
Deliberation on Decision after Hearing........................................................................... Closed
Session
The Board may also meet in Closed
Session to deliberate on a decision to be reached based upon evidence
introduced in a hearing, as authorized by GC Section 11126(c) (3).
Adjournment
The next scheduled Board meeting
will be held on Friday, February 8, 2008 in
|
Date |
City |
Address |
|
January
22, 2007 (Los Osos
CDO hearing) |
|
Central Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
|
February
9, 2007 |
|
|
|
March 23, 2007 |
|
Central Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San
Luis Obispo, CA 93401-7906 |
|
May 10-11, 2007 (5/10 –
Los Osos CDO hearing) |
|
Central Coast Water Board Conference Room 895 Aerovista Place, Suite
101, San Luis Obispo, CA 93401-7906 |
|
June
6, 2007 (Offsite Meeting) |
|
Central Coast Water Board Conference Room 895 Aerovista Place, Suite
101, San Luis Obispo, CA 93401-7906 |
|
July 6, 2007 |
|
|
|
August 23,
2007 (Special
Meeting) |
|
|
|
September 7, 2007 |
|
Central Coast Water Board Conference Room 895 Aerovista Place, Suite
101, San Luis Obispo, CA 93401-7906 |
|
October 19, 2007 |
|
Santa
Barbara County Supervisors Board Hearing Room |
|
December 7, 2007 |
|
Central Coast Water Board Conference Room 895 Aerovista Place, Suite
101, San Luis Obispo, CA 93401-7906 |
LEAD STAFF PERSONS
Roger W. Briggs, Executive Officer 805-549-3140
Michael
Thomas, Assistant Executive
Officer/Ombudsman 805-542-4623
Carol
Hewitt, Executive Assistant 805-549-3503
Cyndee
Jones, Regional Administrative Officer 805-549-3372
Frances
McChesney, Senior Staff Counsel 916-341-5174
Harvey
Packard, Section Manager/Land Use 805-542-4639
Lisa
Horowitz McCann, Section Manager/Aquatic
Habitat 805-549-3132
John Robertson, Section Manager/Groundwater Protection 805-542-4630
Sheila
Soderberg, Site Cleanup Program/Perchlorate Sites 805-549-3592
Chris
Adair, Cleanup/UST 805-549-3761
Dominic
Roques, Storm Water/Timber 805-542-4780
Chris Rose,
TMDL/Point Source 805-542-4770
Matt
Thompson, Permitting 805-549-3159
Angela Schroeter, Non-Point Source/Grants 805-542-4644
Karen Worcester, Regional Monitoring/Basin Planning 805-549-3333
Alison
Jones, Agricultural Program Coordinator 805-542-4646
Please send or fax correspondence to:
Phone:
805-549-3147 Fax:
805-543-0397
CENTRAL
COAST
|
Board
Member |
Appointment
Category |
Term Expires |
|
VACANT |
|
9/30/2007 |
|
David T. Hodgin |
Water Quality |
9/18/2010 |
|
John H. Hayashi Arroyo
Grande |
Irrigated Agriculture |
9/30/2007 |
|
Russell M. Jeffries Vice-Chair, Salinas |
Industrial Water Use |
9/30/2008 |
|
Monica S. Hunter Los Osos |
Public |
9/30/2008 |
|
Daniel M. Press |
Water Quality |
9/30/2008 |
|
Gary C. Shallcross |
Recreation, Fish or Wildlife |
9/18/2010 |
|
Jeffrey S. Young Chair, |
Water Supply |
9/30/2009 |
|
VACANT |
Municipal Government |
9/30/2009 |
CONDUCT OF
MEETING AND HEARING PROCEDURES
A - The primary duty of the
B - The purpose of the meeting
is for the Board to obtain input from concerned and affected parties and make
decisions after considering the recommendations made by the Executive
Officer. The Board will vote only on
matters listed on the agenda as action items.
The Board may give direction to the Executive Officer on any matter
discussed during the meeting.
C - Agenda items are numbered for identification
purposes and will not necessarily be considered in the order listed.
D - RULES FOR LATE SUBMISSION
OF WRITTEN MATERIALS: This paragraph
applies only if there are no deadlines for written evidence, testimony or
comments in a separate hearing notice for an item. Written material received after the due date
on the first page of the agenda and before noon on the Monday of board meeting
week generally will not be provided to Board members until the day of the
meeting, but will become part of the record unless the Chair rules that the
late submission would prejudice the Central Coast Water Board staff or any
party. Written material received after
noon on the Monday of board meeting week will not be provided to Board members
or become part of the record, unless the Chair approves the late
submission. The Chair will not approve a
late submission if doing so would prejudice any party (including
E - The Board and staff welcome
information on pertinent issues, but comments at the meeting should be brief
and directed to specifics of the case to enable the Board to take the
appropriate action. Lengthy testimony
should be presented to the Board in writing and only a summary of pertinent
points presented verbally. In order to
give everyone an opportunity to be heard, comments should have been previously
submitted in writing and a time limit on presentations may be imposed on any
agenda item. Speakers should plan to
summarize key points within three minutes.
You will need to receive approval from the Chair prior to meetings to
speak for longer than three minutes.
Please make your request to the Executive Officer at least one week
before the meeting.
F - Material presented to the Board, as part of
testimony (e.g., photographs, slides, charts, diagrams, etc.) must be left with
Executive Assistant Carol Hewitt.
Photographs or slides of large exhibits are acceptable. If you plan to use visual aids such as
PowerPoint, contact the
G - BOARD MEETING PRINCIPLES
AND CONDUCT: Any person who appears
before the Board has an obligation not to act abusively or discourteously. Zealous representation of your interest, or
the interest of a person or organization you represent, should be carried out
in a professional manner. Speakers should
not engage in derogatory conduct based on race, national origin, religion,
gender, sexual orientation, or similar characteristics of any person. Speakers should always be civil and courteous
when communicating with Board members, staff, or other interested persons. All speakers should be punctual and prepared
for all Board meeting appearances so that all matters may start on time and
proceed efficiently. The Board will not
delay proceedings to accommodate late arrivals. The same considerations apply
to members of the audience who choose not to address the Board.
The Board may refuse to
allow any person who engages in discourteous or disruptive conduct to
speak. In the event that any person or
group intentionally interrupts the orderly conduct of a meeting, the Board can
have the person or group removed from the meeting. In the event that order cannot be restored by the
removal of individuals who are interrupting the meeting, the Board may order
the meeting room cleared and continue in session. (Gov. Code § 11126.5.) The Board may
place reasonable limitations on taking still or video photographs or using
placards or signage if these disrupt the meeting.
The Board may also issue
contempt sanctions in adjudicatory proceedings.
"Adjudicatory proceedings" include all permitting, cleanup and
enforcement matters, but do not include basin planning. Any person is subject to the contempt
sanction in an adjudicatory proceeding, whether or not the person is a
"party" to the matter. The
Board can issue contempt citations for the following conduct: obstruction or interruption of the meeting or
hearing by any of the following: (1) disorderly, contemptuous, or insolent
behavior toward the Board; (2) breach of the peace, boisterous conduct, or
violent disturbance; or (3) other unlawful interference with the process or
proceedings. Conduct that is not in the
Boardroom but that is near the meeting or hearing can also give rise to
contempt sanctions. (Ca. Gov. Code
sections 11455.10-11455.30; Ca. Code of Civ. Proc. section 128.5; Cal. Code of
Regs, tit. 23, sections 648(b), 648.8.)
If the Board decides to
impose contempt sanctions, the process is as follows. The Board first makes findings that a person
should be cited for contempt. The
findings are then referred to a court.
The court will issue an order to the person(s) involved to appear before
the court and defend the contempt charge.
The court then may issue the same types of contempt penalties that would
apply in a civil court trial, or dismiss the matter. In addition, the Board can order payment of
attorney’s fees when any person engages in bad faith actions or tactics that
are "frivolous" or solely intended to cause unnecessary delay. In that case, the person engaging in the
improper conduct must pay the attorneys fees of any party that result from the
conduct. "Frivolous" means
totally and completely without merit, or for the sole purpose of harassing
another party (including Water Board staff).
An order to pay attorney’s fees takes effect immediately, does not
require court action, and cannot be petitioned to the State Water Board.
Public participation is very
important to the Board. Members of the
public should not be afraid to comment on matters before the Board, even if
they do not fully understand the applicable law. However, public participation is hampered by
an individual’s or a group’s disruptive conduct. It is not the intent of the Board to use its
contempt powers (including attorney’s fee orders) before providing a warning
and allowing an opportunity to correct the conduct and avoid contempt
proceedings. Additional information on
Board meeting conduct is available on our website:
H - HEARING RULES FOR CONTESTED HEARINGS IN
ADJUDICATORY MATTERS (WASTE DISCHARGE OR WATER RECYCLING REQUIREMENTS, NPDES
PERMITS, ADMINISTRATIVE CIVIL LIABILITY ORDERS AND INVESTIGATION OR ENFORCEMENT
ORDERS [CWC §§ 13267, 13300-13308, 13383]:
This section applies unless there are different requirements in a
hearing notice for an item. Designated
parties may request these procedures: to call and examine witnesses; to have
witnesses testify under oath; to receive a witness list from other designated
parties; to introduce exhibits; to cross-examine opposing witnesses; to impeach
any witness; to rebut the evidence against him or her; and to make opening or
closing statements. A request for these
hearing procedures must be received by the Executive Officer at least five
working days before the hearing, and must specify the procedures the designated
party is requesting.
Designated parties are any persons
named in the proposed order. Central Coast Water Board staff is a designated party
for administrative civil liability complaints, and for cease and desist orders
that establish monetary liability and that are not issued concurrently with
waste discharge requirements. All other
persons wishing to testify or provide comments are interested persons and not
designated parties. Such interested
persons may request status as a designated party for purposes of an item by
submitting such request in writing to the
I - The Board Chair may specify a time limit
for oral presentations and testimony. Board members may interrupt a
presentation with questions or comments.
The time for Board member questions and witnesses’ answers will not
count toward the time limit for a presentation.
J - A copy of the procedures governing Water
Board meetings may be found at Title 23,
K - All Board files, exhibits, and agenda
material pertaining to items on this agenda are hereby part of the record.
L - Any person affected adversely by a decision
of the Board, may petition the State Water Resources Control Board (State Water
Board) according to Water Code section 13320 and Title 23
M - The facility is accessible to people with
disabilities. Individuals who require
special accommodations are requested to contact John Goni (805/542-4628) at
least seven working days prior to the meeting.
TTY users may contact the
N - All persons who actively support or oppose
the adoption of waste discharge requirements or an NPDES permit pending before
the Central Coast Water Board must submit a statement to the Board disclosing
any contributions of $100 or more to be used in a federal, state, or local
election, made by the action supporter or opponent, or his or her agent within
the last 12 months to any Central Coast Water Board Member.
O - All permit applicants or persons who actively support or oppose adoption of a set of waste discharge requirements or an NPDES permit pending before the Central Coast Water Board, are prohibited from making a contribution of $100 (or more) to any Board Member for three months following a Central Coast Water Board decision on the permit application.
San Luis Obispo, CA 93401
Phone: 805-549-3147
-N-
-S-
Directions to Central Coast Water Board Offices:
From Airport: turn left on Airport Drive (located between airport parking lots), go to Aerovista Park and turn right. Turn right into parking lot just before Broad Street (227).
From 101 Southbound: take Los Osos Valley Rd. exit, turn left on Los Osos Valley Rd., turn left on S. Higuera St., turn right on Tank Farm Rd., turn right on Broad St. (227), turn right on Aerovista Place and park in first parking lot on left.
From 101 Northbound: take Los Osos Valley Rd. exit, turn right on Los Osos Valley Rd., turn left on S. Higuera St., turn right on Tank Farm Rd., turn right on Broad St. (227), turn right on Aerovista Place and park in first parking lot on left.