NOTICE OF PUBLIC MEETING
895 Aerovista Place, Suite 101 San
Luis Obispo, CA 93401
Thursday, September 2, 2010, 8:30 a.m.
[See last page
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. The Public Forum is for topics not listed on the agenda that are pertinent to water quality.
Thursday, September 2, 2010, 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.
4. Approval
of July 7, 2010 and July 8, 2010 Meeting Minutes................................... Board Motion
5. Report
by State Water Resources Control Board Liaison...................................... Status
Report
Uncontested
Items
6. Uncontested
Items Calendar................................................................................ Board
Motion
(Agenda Item
numbers 11, 13, 14, 15, 16, and 17
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
Person, Board Member, or the Executive Officer requests that an item be removed
from the calendar, it will be taken up in order).
Low Threat and
General Discharge Cases
7. Low
Threat and General Discharge Cases.................... Information/Discussion/Board
Approval
Windset Farms,
(Enroll
in General Small Community WDR Order No. 97-10)
[Sorrel Marks 805/549-3695]
Foxen Winery,
(Modify
Enrollment in General Winery WDR Order No. R3-2008-0018)
[Sorrel Marks 805/549-3695]
Cojo-Jalama Ranch,
R3-2006-0063) [Sorrel Marks 805/549-3695]
General Waiver of Waste Discharge
Requirements for Specific Types of Discharges
Former Cinco de Mayo Cleaners,
[Kristina Seley, 805/549-3121]
McCormix Corporation, 336 Calle Cesar Chavez, Santa
Barbara, Santa Barbara County [Kristina Seley, 805/549-3121]
Beacon Station No. 3400,
[John Mijares 805/549-3696]
Former
Shell Service Station
[Tom Sayles 805/542-4640]
Beacon Station No. 3737,
[John Mijares 805/549-3696]
Aromas Beacon Service
Station,
[John
Goni 805/542-4628]
Cleanup
Cases
8. Staff Closures ..................................................................................................... Info/Discussion
UST and Transformer Cases, US Air Force,
Santa Rosa Island, Santa Barbara County
[D.
Grant Himebaugh 805/542-4636]
Unocal Service Station #3660 Site,
[Wei Liu 805/542-4648]
Unocal Service Station #3582 Site,
7-Eleven Store No. 25473, 8000 El Camino Real, Atascadero, San Luis Obispo County
[Corey Walsh 805/542-4781]
Mobil
Pacific Pipeline Company, 4000 Highway 1,
[Alison
Jones 805/542-4646]
Texaco
Hill Top Tank Farm, 4000 Highway 1,
[Alison
Jones 805/542-4646]
9. Recommended Case Closures........................................................................... Board
Approval
UST Cases, US
Air Force, Santa Rosa Island, Santa Barbara County
[D. Grant Himebaugh 805/542-4636]
Cowan (Former Serifino-Martinelli)
Property,
San Paso Truck Stop,
[Corey Walsh 805/542-4781]
Status
Reports
10. Conoco-Phillips Pipeline, Nipomo Creek,
[Rich
Enforcement
*11. Cleanup or Abatement Order No. 85-163 Concerning Peter
Scurich
and/or
Joseph Odzak,
[John Mijares
805/549-3696]
12. Enforcement
Report [
Waste
Discharge Requirements
*13. General Oil Field Waste Pile Management
Facility Order.................... Order
No. R3-2010-0036
(Renew Conditional Waiver of Waste Discharge Requirements)
[Sheila
Soderberg 805/549-3592]
*14. General Oil Field Reuse Order............................................................ Order
No. R3-2010-0037
(Renew Conditional Waiver of Waste
Discharge Requirements)
[Sheila
Soderberg 805/549-3592]
*15. Lion’s Gate
Golf Partners, L.L.C.,
(Update Waste Discharge and Water Recycling
Requirements)
[Mike
Higgins 805/542-4649]
*16. General Conditional Waiver of
Waste Discharge Requirements
for Timber
Harvest Activities in the
(Renew Conditional
Waiver) [Mike
Higgins 805/542-4649]
*17.
(Update
Waste Discharge Requirements)
[Ryan
Lodge 805/549-3506]
Watershed
Management and Basin Planning
18. TMDLs
for Fecal Coliform in the
(Approve Basin Plan Amendment) [Pete Osmolovsky 805/549-3699]
19...
....... [Karen Worcester
805/549-3333]
Administrative Items
20. 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 Thursday before a Thursday meeting). Comments regarding
matters that are scheduled for a future meeting will be restricted.]
21. 2011 Regional
Board Calendar [Roger Briggs 805/549-3140]............................ Board
Motion
22. Reports
by
23. 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 June 1, 2010 to July 31, 2010. A
listing of pending applications for Water Quality Certifications pursuant to
Section 401 of the Clean Water Act may be obtained by calling Kim Sanders at
805/542-4771]
Regional
Reports
Regional Monitoring [Karen Worcester 805/549-3333]
Agricultural Regulatory
Program Information
Follow-up Related to July 8, 2010
Ag Order Workshop:
•Coordination with Department of
Pesticide Regulation and Draft Surface Water Regulations;
•Coordination with Department of
Fish and Game and Other Agencies on Aquatic Habitat
Protection
[Angela Schroeter 805/542-4644]
Update on Agriculture Waste in
Nipomo Creeks [Corinne Huckaby 805/549-3504]
Administrative Reports
Presentations and Training [Roger Briggs 805/549-3140]
Budget Status [Roger Briggs
805/549-3140]
Closed Session
Discussion of Cases in Litigation [Sr.
Staff Counsel Yuri Won 510/622-2491]. 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.
Los
Osos Community Services District v.
3.
4.
Los
Osos CSD v.
5. Los
Osos Community Services District (Bankruptcy), Central District of
6.
Maxine Heim v.
7. Ken
Berry, et al. v.
8.
Prohibition Zone
Legal Defense Fund, et al., v.
9.
Petition
of the Natural Resources Defense Council (
10. Petition of NRDC et al. (
11. Petition of Bob Rudolph
Enterprises, Inc. (Cleanup and Abatement
Order No. R3-2006-0081), SWRCB/OCC File Nos. A-1766 and A-1343;
12. Petition of Desal Response Group
(Ocean View CSD Desalination Facility,
13. Petitions of Cambria Community
Services District (Chevron Service Station No. 9-0919 under General Permit No.
01-134), SWRCB/OCC File Nos. A-1462 and A-1462a.
14. Petitions
of City of
15. Petition of City of
16. Michael K. Tansy & Tansy Development Company, Inc. v.
17. City of
18.
Casmalia Hazardous Waste Site
Litigation:
19.
Petition of
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]. The Board is not required to allow public
comment on closed session items. (See GC Section 11125.7(d).
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).
Personnel
Issues.............................................................................................. Closed
Session
The Board may
meet in closed session to discuss the appointment, evaluation of performance,
or dismissal of a public employee or to hear complaints or charges brought
against that employee by another employee unless the employee requests a public
hearing. (This closed session is authorized under Government Code section
11126, subd. (a)(1).)
Adjournment
The next scheduled Board meeting will be held on Friday,
October 22, 2010 in
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City |
Address |
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Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
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May 12 – SLO
Elks Lodge, 222 Elks Ln., San Luis Obispo, CA 93401 May 13 - Central Coast Water Board
Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
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July 7, 2010 (offsite) |
Moss Landing |
Elkhorn Slough Foundation, 1700 Elkhorn Road, Watsonville, CA
95076 |
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Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
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October 22, 2010 |
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Santa Barbara County Supervisors
Board Hearing Room |
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December 9, 2010 |
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LEAD STAFF PERSONS
Roger W. Briggs, Executive Officer 805-549-3140
Michael
Thomas, Assistant Executive
Officer/Ombudsman 805-542-4623
Carol
Hewitt, Administrative Assistant II 805-549-3503
Cyndee
Jones, Regional Administrative Officer 805-549-3372
Yuri Won, Senior Staff Counsel 510-622-2491
Harvey
Packard, Section Manager/Aquatic Habitat 805-542-4639
Lisa
Horowitz McCann, Section Mgr./Watershed
Planning & Protection 805-549-3132
John
Robertson, Section
Manager/Groundwater Protection
Sheila
Soderberg, Site Cleanup/Dept. of Defense Sites 805-549-3592
Thea
Tryon, Land Disposal/Perchlorate Sites 805-542-4776
Chris
Adair, Underground Tanks/Cleanup/Point
source 805-549-3761
Chris
Rose, TMDLs/Non-point Source 805-542-4770
Phil Hammer, Storm
Water/Timber/401Water Quality Certification 805-549-3882
VACANT, Permitting 805-542-4786
Angela
Schroeter, Agricultural Regulatory Program/Basin
Planning 805-542-4644
Karen
Worcester, Regional Monitoring 805-549-3333
Alison
Jones,
Please email, send, or fax correspondence to:
Phone: 805-549-3147 Fax:
805-543-0397
Email: centralcoast@waterboards.ca.gov
CENTRAL
COAST
|
Board
Member |
Appointment
Category |
Term Expires
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|
John H. Hayashi Arroyo
Grande |
Irrigated Agriculture |
|
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David T. Hodgin |
Water Quality |
|
|
Monica S. Hunter Los Osos |
Public |
|
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Russell M. Jeffries Vice-Chair, Salinas |
Industrial Water Use |
|
|
Gary C. Shallcross |
Recreation, Fish or Wildlife |
|
|
Jeffrey S. Young Chair, |
Water Supply |
|
|
VACANT |
Water Quality |
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|
VACANT |
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VACANT |
Municipal Government |
|
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
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. 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.
P - The Board may conduct any scheduled hearing as a Panel Hearing as
allowed by law in the event of a lack of a Board member quorum. In the event that a Panel Hearing is held,
final action on that item will not be taken until a Board member quorum is
present. The Board generally will not
accept additional public comment or testimony after the Panel Hearing, unless
the proposed order is substantially changed.
(Water Code Section 13228.14, gov. Code Section 11125.7)
San Luis Obispo, CA 93401
Phone: 805-549-3147
-N-
-S-
Directions to
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.