NOTICE OF PUBLIC
MEETING
Wednesday, May
4, 2011, 10:00 a.m.
Thursday, May 5,
2011, 8:30 a.m.
895 Aerovista Place, Suite 101, San Luis Obispo, CA 93401
[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 8,9,10,11 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.
Wednesday, May 4, 2011, at 10:00 a.m.
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....... Conditional
Waiver of Waste Discharge Requirements................. Order No. R3-2011-0006
for
Discharges from Irrigated Lands – Continuation of Item 14 from March 17, 2011
Board
Meeting. The Board will hear comments only from those people who turned in
testimony cards on March 17th, but who were unable to speak at that
time. If there is no quorum, the Board may conduct this item as a panel
hearing of at least three board members.
Following the hearing, the panel will make a recommendation for
consideration by the full Board at a later date. Note that this item is subject to the
prohibition on ex parte communications; the public may not discuss this matter
with board members except at the hearing. [Angela Schroeter 805/542-4644]
If time allows, the Board may take up the following reports listed
below in the agenda for May 5:
Enforcement, Department of Defense, and Executive Officer reports.
Thursday, May 5, 2011 at 8:00 a.m.
5. Roll
Call [Roger Briggs 805/549-3140]............................................... Board
Members Present
6. Introductions [Roger Briggs].............................................................. Guests
and Staff Present
7. Approval of March 16-17, 2011 Meeting
Minutes.................................................. Board
Motion
Uncontested Items
8. Uncontested
Items Calendar.............................................................................. Board
Motion
(Agenda Item numbers 12, 14, and 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).
Cleanup Cases
9. General Waiver of Waste Discharge
Requirements, Order No. R3-2008-0010
San Martin Tire,
[Wei Liu 805/
542-4648]
Klaus
Braun Automotive,
[John
Mijares 805-549-3696]
[John
Mijares 805-549-3696]
10. Staff Closures
SCCSD East Cliff Pump Station,
Thriftway
Company,
[Alison Jones 805/542-4646]
Former UNOCAL SS# 5209, 881 Embarcadero Del Mar,
Isla Vista, Santa Barbara County
[John
Mijares, (805)549-3696]
Toro
Petroleum Company,
[John
Mijares, (805)549-3696]
Santa
Barbara County Fire Station #13, 4570 Hollister Avenue, Goleta, Santa Barbara
County [John Mijares, (805)549-3696]
Santa
Barbara Locksmiths, 636 Santa Barbara Street, Santa Barbara, Santa Barbara
County [John Mijares, (805)549-3696]
Shell
Service Station,
[Corey
Walsh, (805)542-4781]
California
Department of Transportation (Caltrans), Burns Creek Canyon Bridge, Highway 1,
Big Sur, Monterey County [Alison Jones, (805)542-4646] Place No. 705752
[Alison Jones, (805)542-4646]
Waste Discharge Requirements
*12.
(Revised
Waste Discharge Requirements) Place No. 247118
[Dan
13. Los
Osos Water Recycling Facility,
(Adopt Waste Discharge Requirements) Place No. 237454
[David LaCaro
805/549-3892]
Permits
*14. Waste Discharge Requirements for City of
Wastewater Treatment Plant,
(Reissue NPDES Permit No. CA0047953)
[Matthew Keeling 805/549-3685]
*15. Waste
Discharge Requirements for Heritage Ranch CSD............ Order
No. R3-2011-0007
Wastewater
Treatment Plant,
(Reissue NPDES Permit
No. CA0048941)
[Matthew Keeling 805/549-3685]
Watershed Management and Planning
16. Lower
[Larry Harlan 805/594-6195] Place
No. 708497
17. Regionwide Onsite System Implementation Program.............. Resolution No.
R3-2011-0004
(Approve
Basin Plan Amendment) [Sorrel
Marks 805/549-3695]
Enforcement
18. Enforcement Report............................................................................................ Status
Report
[
Status Reports
19... Dept.
of Defense Program Cleanup Sites in the
....... [Donette
Dunaway 805/549-3698, Don Eley 805/542-4626,
....... Grant
Himebaugh 805/542-4636, Carol Hawkins-Kolb 805/542-4625]
Basin Planning
This item will be after 1:30 p.m.
20. San Luis Obispo Creek, San Luis Obispo County........................................... Board
Direction
(Consider the City of
San Luis Obispo’s Request to Pursue a Basin Plan Amendment to Remove the Municipal Beneficial Use
Designation) [Matthew
Keeling 805/549-3685]
Administrative
Items
21. 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 sh ould 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.]
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 February 9, 2011 to March 30, 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
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 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.
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 June
2, 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) |
|
(Location to be determined) |
|
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 |
|
|
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
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
|
|
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)
