NOTICE OF PUBLIC
MEETING
Thursday, September
1, 2011, 8:00 a.m.
This Notice of Public Meeting provides
the agenda for the meeting of the Regional Water Quality Control Board, Central
Coast Region. Interested persons may
submit written materials in advance of the meeting to the Water Board on these
items and will usually have the opportunity for oral comments at the
meeting. Water Board Staff will transmit
to the Water Board Members written material received by the stated deadlines
set forth in a hearing notice for items requiring a hearing or by 5:00 p.m, Wednesday
of the week prior to the Board meeting for items not requiring a hearing. For more details on submittal of written
materials, see the Conduct of Meeting and Hearing Procedures at the end of this
Notice.
Agenda Items. For listed agenda items, the Water Board will
generally accept oral comments at the meeting.
The Water Board Chair will limit the time for such oral comments.
Speakers should be brief and direct their comments to specifics of the
matter. Whenever possible, lengthy
testimony should be presented to the Water Board staff in writing and only a
summary of pertinent points presented verbally.
For items requiring hearings, written materials will be accepted only
according to the procedures set forth in a previously issued public notice for
the particular agenda item. Speakers
should summarize their written comments.
For scheduling purposes, requests for extended speaking times should be
submitted to staff as soon as possible after the agenda is mailed and at least
by 5:00 p.m. Monday of the week prior to the Board meeting. 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.
Public Forum.
The Water Board welcomes information on water quality issues within the Central
Coast Region. The public may bring items that are not on the agenda to the attention of the Water Board in
the Public Forum portion of its regular meetings or may submit such information
in writing to the Executive Officer. The
Water Board Chair generally provides three minutes per speaker during the
Public Forum.
Thursday, September 1, 2011 at 8:00 a.m.
1.
Roll
Call [Roger Briggs 805/549-3140].............................................. Board
Members Present
2.
Introductions [Roger Briggs]............................................................. Guests
and Staff Present
3.
Recognition
of Service: Board Member David T. Hodgin........................................ Discussion
4.
Approval
of July 14, 2011 Meeting Minutes........................................................... Board
Motion
5.
Report
by State Water Resources Control Board Liaison................................. Status
Report
[Frances Spivy-Weber 916/341-5615]
Uncontested Items
6. Uncontested
Items Calendar................................................................................ Board
Motion
(Agenda Item numbers 10
through 15 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
General Waiver of Waste Discharge Requirements for Specific Types of
Discharges, Resolution No. R3-2008-0010
ConocoPhillips
Pipeline 300 Site, Nipomo,
[Rich
Former
Exxon/Hondo Service Station,
[John
Mijares 805/549-3696]
Space
Launch Complex 6, Vandenberg Air Force Base,
[Sorrel
Marks, 805/549-3695]
General Waste Discharge Requirements for Discharges
of Winery Waste, Order No. R3-2008-0018
El Camino Real
Winery, Los Olivos, Santa Barbara County
[Sorrel Marks
805/549-3695]
Dierberg Vineyards Winery, Santa
Ynez,
[Sorrel Marks 805/549-3695]
Cleanup Cases
8....... Staff
Case Closures…............................................................................................ Information
Shores
Beacon Service Station (Case # 3628),
6700 El Camino Real,
[Corey
Walsh 805/542-4781]
9....... Recommended
Case Closures….................................................................... Board
Approval
Downtown Shell,
[Corey Walsh 805/542-4781]
Former ARCO Service Station (Case # 523), 6700 El Camino Real, Atascadero,
San Luis Obispo County
Waste Discharge Requirements
*10.... Waiver
of Waste Discharge Requirements….......................... Resolution
No. R3-2011-0216
Enza
Zaden, 525 Lucy Brown Lane, San Juan Bautista, San Benito County,
[Cecile
DeMartini 805/542-4782]
*11.... Waste Discharge Requirements for AGRX
Goleta...................... ……..……Order
No. 95-06
Santa Barbara County, (Rescind Individual
WDR and enroll in General Order No. R3-2005-0001) Place No. 204617
......... [Sorrel Marks 805/549-3695]
*12. Waste
Discharge Requirements for AGRX
[Sorrel Marks 805/549-3695]
*13.... Waste Discharge Requirements for
......... [Sorrel Marks 805/549-3695]
*14.... Waste Discharge Requirements for
......... [Sorrel Marks 805/549-3695]
*15. Waste Discharge Requirements for
[Sorrel Marks 805/549-3695]
(This note is not a “time-certain”
announcement, but all the above listed items may be completed by 8:45 a.m.)
Watershed Management and Planning
16. Senate
Bill 2X –
[Roger Briggs 805/549-3140]
Waiver
17.
POSTPONED - Conditional
Waiver of Waste Discharge Requirements ................. Order No. R3-2011-0006
for Discharges from Irrigated Lands
– Continuation of Item 4 from May 4, 2011
[Angela Schroeter 805/542-4644]
Enforcement
18. Enforcement Report.......................................................................................... Status
Report
[
Administrative Items
19. 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.]
20. 2012
Regional Board Calendar [Roger Briggs 805/549-3140]........................... Board Motion
21. Reports
by
22. Executive
Officer’s Report [Roger Briggs 805/549-3140]................. Information/
Discussion
Water Quality Certifications
[Two charts
are provided in the agenda listing the applications received and certifications
issued from June 7, 2011 to July 27, 2011.
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.]
Administrative Reports
Budget Update
[Roger Briggs 805/549-3140]
Presentations
and Training [Roger Briggs 805/549-3140]
Closed
Session
Discussion of
Cases in Litigation [Sr. 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.
2.
Petition of
3.
Petition of William Elliott
(Resolution No. R3-2011-0208, Executive Officer Extension of the 2004
Agricultural Order No. R3-2004-0117
4.
Voices of the Wetlands, et al, v.
Regional Water Quality Control Board (
5.
Los Osos Community Services District
v.
6.
7.
Los Osos CSD v.
8. Los Osos Community Services District
(Bankruptcy), Central District of
9.
Maxine Heim v.
10. Ken Berry, et al. v.
11. Prohibition Zone Legal Defense Fund,
et al., v.
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. Petition of City of
15.
Casmalia Hazardous Waste Site
Litigation:
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).)
The next scheduled Board meeting will be held on October
21, 2011 in
|
Date
|
City |
Address |
|
February 3, 2011 |
|
Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
|
March 16-17,
2011 |
|
|
|
May 4-5,
2011 |
|
Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
|
June 2, 2011 (offsite) |
|
(Meeting Rescheduled) |
|
July 14,
2011 |
|
|
|
September
1, 2011 |
|
Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
|
October 21, 2011 |
|
Santa Barbara County Supervisors
Board Hearing Room |
|
December 8, 2011 |
|
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
Cyndee Jones, Regional
Administrative Officer 805-549-3372
Frances McChesney, Senior
Staff Counsel 916-341-5174
Jessica Newman, Staff Counsel 916-341-5168
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 805-542-4630
Sheila Soderberg, NPDES/DoD/Timber
Programs 805-549-3592
Thea Tryon, Land Disposal/Site Cleanup Program 805-542-4776
Chris Adair, Underground Tanks/Cleanup/WDR Permits 805-549-3761
Chris Rose, TMDLs/Non-point
Source 805-542-4770
Phil Hammer, Storm Water//401Water Quality Certification 805-549-3882
Angela Schroeter, Agricultural
Regulatory Program/Basin Planning 805-542-4644
Karen Worcester, Regional
Monitoring/Basin Planning 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
|
Board Member |
Appointment Category |
Term Expires
|
|
John H. Hayashi Arroyo Grande |
Irrigated Agriculture |
9/30/2011 |
|
David T. Hodgin |
Water Quality |
9/30/2014 |
|
Monica S. Hunter Los Osos |
Public |
9/30/2012 |
|
Russell
M. Jeffries Vice-Chair,
Salinas |
Water Quality |
9/30/2012 |
|
Jean-Pierre
Wolff San
Luis Obispo |
Recreation, Fish or Wildlife |
9/30/2014 |
|
Jeffrey S. Young Chair, |
Water Supply |
9/30/2013 |
|
VACANT |
Municipal Government |
9/30/2013 |
|
VACANT |
Industrial Water Use |
9/30/2012 |
|
VACANT |
|
9/30/2011 |
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 the Assistant Executive Officer,
Michael Thomas. 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)