NOTICE OF PUBLIC MEETING
Thursday and Friday, May 10-11, 2007
[See Page 11 for location map]
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 8-10, 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.
Thursday,
May 10, 2007, 10:00 a.m.
1. Roll Call [Carol Hewitt 805/549-3503].......................................................... Board
Members Present
2. Introductions [Michael Thomas
805/542-4623]........................................... Guests
and Staff Present
3. Bishop Property,
Los Osos,
(Consideration of appeal by
to deny rebuild credit for unpermitted, existing bathroom)
[Allison Dominguez 805/549-3882] .................................................................... Board
Direction/Action
4. Consideration of
Panel Hearing Recommendation to Adopt Proposed Cease and
Desist Order
Nos. R3-2006-1008 and
R3-2006-1041 [This item will be mailed
separately]
[Michael Thomas
805/542-4623]....................................................................................... Board
Action
5. Consideration
of Requests for Rescission of Order Nos.
R3-2006-1004,-1046 (and others, if any) [Matt Thompson 805/549-3159]....................... Board Action
The Water Board will consider requests by Dennis and Sally Joller
and Doug and Paula Dishen [and others, if any] to rescind cease and desist
orders issued by the Water Board on December 15, 2006, pursuant to the failure
of the specified designated parties to respond to the Prosecution Team’s
proposal for cease and desist orders for individual septic system dischargers
in the Los Osos Prohibition Zone, or to appear at the hearings held on December
14 and 15, 2006. The specified designated parties have indicated the desire to
accept settlement as proposed by the Prosecution Team and approved by the Water
Board on December 14, 2006. The Water
Board will only consider rescinding cease and desist orders for those designated
parties who have signed the Board-approved settlement agreement, or those who are
present and sign the Board-approved settlement agreement during this agenda
item.
6. Consideration
of How to Proceed With the Seven Remaining Proposed Cease
and
Desist Orders (Order Nos. RB3-2006-1000, -1017,
-1025, -1029, -1036,
-1042, -1045) and all other Future Enforcement
Proceedings for Individuals
Who
Own or Use Septic Systems in the Los Osos Prohibition Zone
[
(The Prosecution Team will present options
for future enforcement actions. The
Water Board and the Prosecution Team may discuss the procedural requirements
and consequences of various enforcement options; the Water Board may provide
procedural guidance; however, the Prosecution Team must decide if and how it
will proceed with enforcement against individuals who own or use septic systems
in the Los Osos Prohibition zone.)
Closed Session
Discussion of Cases in Litigation
[Senior Staff Counsel John Richards]....................... Closed
Session
The Board may meet in closed
session to discuss pending litigation, as authorized by Government Code (GC)
Section 11126[e][2][A], in the matter of Los Osos Community Services District (Bankruptcy), Central District of California Case No. ND 06-10548-RR and
any strategy that the Board might authorize the Prosecution Team to pursue as
the Board’s representative in the bankruptcy proceeding and any settlement
negotiations associated with the bankruptcy of the Los Osos Community Services
District. The Board may also discuss the following cases: Los Osos Community Services District v.
Friday, May 11, 2007, 8:30 a.m.
7. Roll Call [Carol Hewitt 805/549-3503]............................................................. Board
Members Present
8. Introductions [Roger Briggs 805/549-3140]................................................... Guests
and Staff Present
9. Approval
of March 23, 2007 Meeting Minutes.................................................................. Board
Motion
10.Uncontested
Items Calendar............................................................................................ Board
Motion
(Agenda
Item numbers 18, 19, and 21 through 23 with a single asterisk (*), are expected
to be routine and non-controversial. Recommended action on these items will be
taken at the beginning of the meeting without discussion. If any Interested Party, Board Member, or the
Executive Officer requests that an item be removed from the calendar, it will
be taken up in order).
11. Report
by State Water Resources Control Board Liaison [Gary Wolff 916/341-5607].... Status Report
Low Threat and General Discharge Cases
12. Low
Threat and General Discharge Cases............................... Information/Discussion/Board
Approval
General WDRs for
Discharges of Winery Waste
Rotta Winery, Templeton,
General NPDES Permit for Aquaculture
Cases
Recommended For Closure
7-Eleven Station #23855, 4410 Via
Real, Carpinteria,
[John Mijares
805/549-3696]
Cleanup Cases
13. Perchlorate
Cases [Hector Hernandez 805/542-4641; Kristina Seley 805/549-3121]..... Status Report
Olin
Corporation,
Whittaker
Corporation,
BAE
Systems,
MK
Ballistics,
14. Site
Cleanup Program..................................................................................................... Status
Report
Stormwater
15. Institutionalizing
Low Impact Development and
Standardizing
Stormwater Requirements................................................... Information/Board
Direction
(The Board’s legal
counsel will discuss options for
implementing low impact
development and standardizing
stormwater requirements throughout the
[Lori Okun 916/341-5165]
Enforcement
16. Enforcement
Report [
Watershed
Management and Basin Planning
17.
[Howard
Kolb 805/549-3332]
Waste Discharge
Requirements
*18.
(Update
Waste Discharge Requirements for Closure)
[Dean
Thomas 805/549-3690]
*19. Los Osos
Closed Landfill,
(Update
Waste Discharge Requirements) [Thea Tryon 805/542-4776]
*20. [This item was removed from the
agenda]
*21. Templeton
Community Services District,
(Update
Waste Discharge Requirements) [Tom Kukol 805/549-3689]
Permits
*22. Cuyama Community Services District WWTP,
(Reissue
NPDES Permit No. CA0048089) [Sorrel Marks 805/549-3695]
*23. San Simeon Community Services District WWTP,
(Reissue
NPDES Permit No. CA0005274) [Matt Keeling 805/549-3685]
Administrative Items
24. Public
Forum [This item will be heard after
11:00 a.m.]........................................ 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.]
25. Amended State Revolving Fund Project Priority
List for Fiscal Year 2007-08............ Board
Approval
[Tom Kukol 805/549-3689]
26. Reports
by
27. Executive
Officer’s Report [Michael Thomas 805/542-4623]......................... Information/Discussion
Water Quality Certifications
[A chart is provided in the agenda
listing the applications received from March 1, 2007 through April 1, 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.]
Watershed Reports
Storm Water Municipal General
Permit [Ryan Lodge 805/549-3506]
Cleanup
Reports
Status
Reports (Informational Updates; NOTE:
Board may give policy direction):
Underground
Tanks Summary Report dated March 30, 2007
[
Regional
Reports
Regional Monitoring Report [Karen Worcester
805/549-3333]
Total Maximum Daily Loads Report [Lisa Horowitz
McCann 805/549-3132]
Grants Projects [Angela
Schroeter 805/542-4644]
Supplemental Environmental Projects [Michael Thomas
805/542-4623]
Administrative
Reports
Presentations
and Training [Roger Briggs 805/549-3140]
Closed Session
Discussion of Cases in Litigation [Senior Staff Counsel Lori
Okun]................................ 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 Voices of the
Wetlands, et al, v. Regional Water Quality Control Board (
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
(offsite) will be held on Wednesday, June 6, 2007 in
CENTRAL
COAST
|
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) |
|
Location
To Be Announced |
|
July 6, 2007 |
|
|
|
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
Lori Okun, Senior Staff Counsel 916-341-5165
Harvey
Packard, Section Manager/Land Use 805-542-4639
Sheila
Soderberg, Cleanup/SLIC 805-549-3592
Chris
Adair, Stormwater 805-549-3761
John
Robertson, Section Manager/Groundwater
Protection 805-542-4630
VACANT, Southern
Permitting -------------------
Eric
Gobler, Cleanup/Perchlorate Sites
805-549-3467
Lisa
Horowitz McCann, Section Manager/Aquatic
Habitat 805-549-3132
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
|
|
Leslie S. Bowker Los Osos |
|
9/30/2007 |
|
David T. Hodgin |
Water Quality |
9/18/2010 |
|
John H. Hayashi Arroyo
Grande |
Irrigated Agriculture |
9/30/2008 |
|
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 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:
https://www.waterboards.ca.gov/centralcoast/resources/docs/board_meeting_conduct.pdf
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. The Board will conduct an informal hearing. Designated parties may request these
procedures: to call and examine witnesses; to introduce exhibits; to
cross-examine opposing witnesses; to impeach any witness; and to rebut the
evidence against him or her. The request
for a formal hearing must be received by the Executive Officer at least five
working days before the hearing, and must specify the formal procedures the
party is requesting. Failure to make a
timely objection to the use of an informal procedure, in accord with the
directions below, will constitute consent to the informal hearing (Title 23,
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 - All Board files, exhibits, and agenda
material pertaining to items on this agenda are hereby part of the record.
K - 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
L - A copy of the procedures governing Water
Board meetings may be found at 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.
Phone: 805-549-3147
-N-
-S-
From Airport: turn left on
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.