NOTICE
OF PUBLIC MEETING
Thursday,
December 1, 2011, 8:30 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 written
material to the Water Board Members 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 on Pages 7-9 of this Notice.
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 3 minutes per speaker during the Public
Forum.
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 some items requiring adjudicatory
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. 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, December 1, 2011 at 8:30
1.
Roll
Call [Roger Briggs 805/549-3140]............................................... Board
Members Present
2.
Introductions [Roger Briggs].............................................................. Guests
and Staff Present
3.
Report
by State Water Resources Control Board Liaison................................... Status
Report
[Frances Spivy-Weber 916/341-5615]
4.
Approval
of September 1, 2011 Meeting Minutes............................................... Board
Motion
Uncontested Items
5. Uncontested Items Calendar................................................................................ Board
Motion
(Agenda Item numbers 9
through 20 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
6. Low Threat and General Discharge Cases................ Information/Discussion/Board
Approval
Statewide
General Waste Discharge Requirements for Small Domestic Wastewater Systems,
Order No. 97-10-DWQ
The Vines RV Resort, Paso Robles, San Luis
Obispo County (David LaCaro 805/549-3892)
General Waste Discharge Requirements for Discharges of
Fruit and Vegetable Processing Waste, Order No. R3-2004-0066
La Panza Ranch/Olive Mill, Santa Margarita, San Luis Obispo
County (David LaCaro 805/549-3892)
General Waste Discharge Requirements for Discharges of Winery
Waste, Order No. R3-2008-0018
Martian Winery, Los
Alamos, Santa Barbara County [Sorrel Marks 805/549-3695]
La Barge Winery,
Lompoc, Santa Barbara County [Sorrel Marks 805/549-3695]
Emma Lily Vineyards, 2105
Dalhberg Drive, Morgan Hill, Santa Clara County
(Cecile DeMartini 805/542-4782)
Michael Rose Cellars,
76845 Ranchita Canyon Road, San Miguel, Monterey County
(Tom Kukol 805/549-3689)
General Waiver of Waste Discharge Requirements for
Specific Types of Discharges, Order No. R3-2008-0010
Former Chevron Service
Station #9-9156, 375 Fourth Street, Hollister, San Benito County (John Mijares 805-549-3696)
J. B.
Dewar Luft Site #51214, 575 Guadalupe Street,
Guadalupe, Santa Barbara County (John Mijares
805-549-3696)
Former B&K Union Tow Service, 101 The Alameda Street, San Juan
Bautista, San Benito County (John Mijares
805-549-3696)
Whittaker Ordnance, 2751 San Juan Road, Hollister, San Benito
County
(Kristina Seley 805-549-3121)
Space Launch Complex 3E, Vandenberg Air Force Base, Santa Barbara
County
[Sorrel Marks, 805/549-3695]
Waste
Discharge Requirements
*7. Whittaker
Ordinance, 2751 San Juan Road ........................................ Order
No. R3-2011-0224
Hollister,
San Benito County, Geotracker ID SL203161254
(Issue Waste Discharge Requirements)
[Kristina
Seley 805/549-3121]
Note: Item 7 and 8 will be considered at the same time.
*8. Whittaker
Ordinance, 2751 San Juan Road ........................................ Order
No. R3-2011-0227
Hollister,
San Benito County, Geotracker ID SL203161254
(Resolution
adopting Negative Declaration)
[Kristina
Seley 805/549-3121]
Note: This item will be considered with preceding item.
*9. Frank
Capurro and Sons................................................................................... Order
No. 95-21
Monterey
County, Place No. 213163
(Rescind
Individual Waste Discharge Requirements)
[Tom
Kukol 805/549-3689]
*10. Trails
End Mobile Manor................................................................................... Order
No. 95-78
Monterey
County, Place No. 266244
(Rescind
Individual WDR and enroll in General Order No. 97-10-DWQ)
[Tom
Kukol 805/549-3689]
*11. Support of Water
Softener Ordinance, San Benito County.......... Resolution
No. R3-2011-0215
(Amend
Waste Discharge Requirements Order Nos. R3-2008-0069, R3-04-0065, R3-87-115,
R3-2004-0153, and R3-2009-0019)
[Cecile
DeMartini 805/542-4782]
*12. MHC
Thousand Trails Inc., San Benito................................................ Order
No. R3-2011-0214
(Adopt
Waste Discharge Requirements)
[Cecile
DeMartini 805/542-4782]
*13. Laguna
County Sanitation District, Santa Barbara County.................... Order No. R3-2011-0217
(Adopt
Waste Discharge Requirements)
[Sorrel
Marks 805/549-3695]
*14. Pacifica Graduate
Institute, Santa Barbara County............................................. Order
No. 89-47
(Rescind
Waste Discharge Requirements)
[Sorrel
Marks 805/549-3695]
*15. Pacific
Dunes RV Resort, San Luis Obispo County........................................... Order
No. 94-13
(Rescind
Waste Discharge Requirements/Enroll in General Order)
[David
LaCaro 805/549-3892]
Permits
*16. Regionwide General Permit for Highly Treated Groundwater.............. Order No. R3-2011-0222
(Reissue NPDES Permit No. CAG993002)
. [Sheila Soderberg
805/549-3592]
*17. Regionwide General Permit for Low Threat Discharges...................... Order No.
R3-2011-0223
(Reissue NPDES Permit No. CAG993001)
[Sheila Soderberg 805/549-3592]
*18. Big Basin State Park Wastewater
Treatment Plant .............................. Order
No. R3-2011-0008
Santa Cruz County, Place No. 209484
(Reissue NPDES Permit No. CA0048267)
[Michael Higgins
805/542-4649]
*19. City
of Lompoc Regional Wastewater Reclamation Plant..................... Order
No. R3-2011-0211
Lompoc, Santa Barbara County, Place No. 632044
(Reissue NPDES Permit No. CA0048127)
[Peter von Langen 805/549-3688]
*20. Chevron
Estero Marine Terminal......................................................... Order
No. R3-2011-0219
Morro Bay, San Luis Obispo County, Place No. 214239
(Reissue NPDES Permit
No. CA001465)
[Katie Disimone 805/542-4638]
Enforcement
21. Enforcement Report.............................................................................................. Status
Report
Administrative Items
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.]
Reports by Regional
Board Members
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 July 28, 2011 to October 23, 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
Joint Effort for Hydromodification Control and Low Impact Development
[Dominic Roques 805/542-4780]
Budget Update
[Roger Briggs 805/549-3140]
Presentations
and Training [Roger Briggs 805/549-3140]
Ag Order Implementation
Update – Notice of Intent, Ag Order extension, Monitoring Program, High
Priority groundwater problem followup status
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: U.S. v. State of
California and Related Matters.
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 February 2, 2012 in Salinas.
CENTRAL
|
Date
|
City |
Address |
|
February 2, 2012 |
Salinas |
Salinas City Council Chamber Rotunda 200 Lincoln Avenue, Salinas, CA 93901 |
|
March
15, 2012 |
|
Central
Coast Water Board Conference Room
895 Aerovista Place, Suite
101, San Luis Obispo, CA 93401-7906
|
|
May
3, 2012 |
|
Central
Coast Water Board Conference Room 895 Aerovista Place, Suite
101, San Luis Obispo, CA 93401-7906 |
|
June 7, 2012 (offsite) |
|
To be announced |
|
July
12, 2012 |
|
|
|
September
6, 2012 |
|
Central
Coast Water Board Conference Room 895 Aerovista Place, Suite
101, San Luis Obispo, CA 93401-7906 |
|
October 18, 2012 |
|
Santa
Barbara County Supervisors Board Hearing Room 105
Anapamu Street, 4th Floor, Santa
Barbara, CA 93101 |
|
December 6, 2012 |
|
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 Permits/Dept. of Defense Program 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
CENTRAL COAST
|
Board Member |
Appointment Category |
Term Expires
|
|
Jean-Pierre Wolff
San Luis Obispo
|
Irrigated
Agriculture |
9/30/2015
|
|
VACANT |
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 |
|
Michael Jordan Santa Barbara |
Recreation, Fish or
Wildlife |
9/30/2014 |
|
Jeffrey S. Young Chair, |
Water Supply |
9/30/2013 |
|
Bruce Delgado Marina
|
Municipal
Government |
9/30/2013 |
|
VACANT |
Industrial Water
Use |
9/30/2012 |
|
Michael Johnston |
|
9/30/2015
|
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 persons 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)
