REVISED
NOTICE OF PUBLIC MEETING
CENTRAL
COAST REGIONAL WATER QUALITY CONTROL BOARD
October
3, 2012, 9:00 a.m.
895
Aerovista Place, Suite 101, San Luis Obispo, CA
93401
THIS NOTICE HAS BEEN REVISED TO CLARIFY
THE TELECONFERENCE LOCATION FOR ITEM 4
This Notice of Public Meeting provides the agenda for the meeting of the Regional Water Quality Control Board, Central Coast Region.
Note that
the Water Board will not provide an opportunity for a public forum.
Agenda Items
1.
Roll
Call [Kenneth A. Harris, Jr., Interim Acting Executive Officer] Board
Members Present
2.
Introductions [Kenneth A. Harris, Jr.]............................................... Guests
and Staff Present
Enforcement
[Note: Item 3 is a hearing subject to a
previously issued hearing notice. Except
as noticed and as set forth in the Chair’s Order on Objections to the Conduct
of the Hearing dated September 27, 2012, the Water Board will not accept
additional written evidence or oral testimony.]
3. South San Luis Obispo County Sanitation
District................................................ Board
Action
Administrative Civil Liability Complaint No. R3-2012-0030
[The Board will continue the
hearing begun on September 7, 2012. The Board will open the
meeting, address objections to the hearing, then adjourn to closed session to
deliberate on a decision to be reached based upon evidence introduced in the
hearing as authorized by Gov’t Code section 11126(c)(3). After deliberation,
the Board will return to open session and announce its decision} [John Robertson 805-542-4630]
Closed Session
[Note: Item 4 will be
conducted by teleconference. Board
members and appropriate staff will be present at the main meeting location at
the Board’s offices in San Luis Obispo (address above). A Board member will also be present at the
following location (3121 Rivermill Drive, Columbus OH
43220), which will be accessible to members of the public,
however, because Item 4 is a closed session, no member of the public will be
able to address the Board.]
4. Discussion
of Personnel Matters and Interviewing of Candidates (Appointment of Executive
Officer). Authority: Government Code section 11126,
subdivision (a).
Additional
Closed Session Items
As
authorized by Government Code section 11126, the Regional Board may meet in
closed session.
Closed
session items are not open to the public.
[See Gov’t Code §11125.7(d)]
Items the
Board
may discuss include the following. [Frances McChesney (Attorney IV), Jessica
Jahr (Attorney)]
1. Monterey Coastkeeper, et al. v. California Regional Water
Quality Control Board, Central Coast Region (Monterey County Superior Court
Case No. M111983)(Extension of 2004 Ag Order);
2.
Petition of Monterey
Coastkeeper, Santa Barbara Channelkeeper and San Luis Obispo Coastkeeper
(Resolution No. R3-2011-0208, Executive Officer Extension of the 2004
Agricultural Order No. R3-2004-0117)
3. Petition of William Elliott (Resolution No. R3-2011-0208,
Executive Officer Extension of the 2004 Agricultural Order No. R3-2004-0117
4.
Los Osos Community
Services District v. Central Coast Water Board (ACL Order R3-2005-0137) (San
Luis Obispo County Superior Court Case No. CV 060633);
5.
Central Coast Water
Board v. Los Osos Community Services District (San Luis Obispo County Case No.
CV-051074);
6.
Los Osos CSD v.
Central Coast Water Board (San Luis Obispo County Case No. CV 060146 (TSO
00-131);
7. Los Osos Community
Services District (Bankruptcy), Central
District of California Case No. ND 06-10548-RR;
8.
Maxine Heim v.
Central Coast Water Board, San Luis Obispo County Superior Court Case No. CV
989572;
9. Ken Berry, et al. v.
Central Coast Water Board, et al. (Sacramento Superior Court; CEQA Challenge to
Los Osos CDOs);
10.
Prohibition Zone Legal Defense Fund, et al.,
v. Central Coast Water Board, et al. (San Luis Obispo Superior Court Case No. CV070472) (Los Osos CDOs);
11.
Petition of Desal
Response Group (Ocean View CSD Desalination Facility, Ocean View Plaza,
Monterey CA; Order No. R3-2007-0040 [NPDES Permit No. CA0050016]), SWRCB/OCC
File No. A-1873;
12.
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.
13.
Petition of City of
Lompoc (Santa Barbara County, Resolution No. R3-2008-0071 for City of Lompoc
Storm Water Management Program), SWRCB/OCC File No. A-1965.
14. Casmalia Hazardous Waste Site Litigation: U.S. v.
State of California and Related Matters.
15. In the Matter of Petitions to Review Central Coast
Regional Water Quality Control Board’s Order Nos. R3-2012-0011,
R3-2012-0011-01, R3-2012-0011-02, and R3-2012-0011-03, including requests for
stay:
Ocean
Mist Farms and RC Farms (includes request for stay [SWRCB/OCC File
A-2209(c)];
California
Farm Bureau Federation, Monterey County Farm Bureau, San Benito County Farm
Bureau, San Luis Obispo County Farm Bureau, San Mateo County Farm Bureau, Santa
Barbara County Farm Bureau, Santa Clara County Farm Bureau, Santa Cruz County
Farm Bureau (includes request for stay) [SWRCB/OCC File A-2209(b)];
Jensen
Family Farms, Inc., and William Elliott (includes request for stay) [SWRCB/OCC File
A-2209(e)];
Monterey
Coastkeeper, Santa Barbara Channelkeeper, and San Luis Obispo Coastkeeper [SWRCB/OCC File
A-2209(a)]
Grower-Shipper
Association of Central California, Grower-Shipper Association of Santa Barbara
and San Luis Obispo Counties, and Western Growers (includes request for stay) [SWRCB/OCC File
A-2209(d)].
16. Petition of Levon Investments, LLC; Rose Marie
Towle (trustee); John L. DeMourkas (trustee); John Ridell (trustee); Stephanie
Marie Redding (trustee); Elisa Anna Redding (trustee); and Wells Fargo Bank
(trustee) for Renco Encoders, 26 Coromar Drive, Goleta (Water Code Section
13267 Order dated May 13, 2011, Revising Monitoring and Reporting Program No.
R3-2005-0143), SWRCB/OCC File No. A-2168.
17. Petition of Monterey County Water Resources Agency,
Water Code Section 13267 Order dated April 18, 2012, Requiring a Report of
Waste Discharge, SWRCB/OCC File A-2212
18. Consultation with counsel about:
a. A judicial or administrative adjudicatory proceeding that
has been formally initiated to which the Regional Board is a party [Gov’t Code
§11126(e)(2)(A)];
b. A matter that, based on existing facts and circumstances,
presents significant exposure to litigation against the Regional Board [Gov’t
Code §11126(e)(2)(B)];
c. A matter which, based on existing facts and
circumstances, the Regional Board is deciding whether to initiate litigation
[Gov’t Code §11126(e)(2)(C)].
19. Deliberation on a
decision to be reached based upon evidence introduced in an adjudicatory
hearing [Gov’t Code §, 11126(c) (3)].
20. Consideration of 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 [Gov’t Code § 11126(a)(1).]
a. 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).
The Water Board will
hold hearings on October 12, 2012 in San Luis Obispo to consider assessment of
administrative civil liability.
The next regularly
scheduled Water Board meeting will be held on December 6, 2012 in Santa Barbara.
Note: The Regional
Water Quality Control Board, Central Coast Region, has a home page that
can be accessed on the
Internet at: https://www.waterboards.ca.gov/centralcoast
CENTRAL COAST WATER BOARD MEETING SCHEDULE 2012
|
Date |
City |
Address |
|
February 1-2,
2012 |
Salinas |
Salinas City
Council Chamber Rotunda 200 Lincoln
Avenue, Salinas, CA 93901 |
|
March 14-15, 2012 |
San Luis Obispo |
March 14, 2012, Embassy Suites Hotel 333 Madonna Road, San Luis Obispo, CA 93405 March 15, 2012, Central Coast Water Board
Conference Room 895 Aerovista Place, Suite 101, San Luis
Obispo, CA 93401 |
|
May 3, 2012 |
San Luis Obispo |
Central Coast Water Board Conference Room 895 Aerovista
Place, Suite 101, San Luis Obispo, CA 93401-7906 |
|
July 11, 2012 |
Watsonville |
Watsonville
Wetlands Watch Center 500 Harkins
Slough Road, Watsonville, CA |
|
July 12, 2012 |
Watsonville |
Watsonville City Council Chambers, 275 Main
Street, 4th Floor, Watsonville, CA 95076 |
|
September 6, 2012 |
San
Luis Obispo |
Central Coast Water Board Conference Room 895 Aerovista
Place, Suite 101, San Luis Obispo, CA 93401-7906 |
|
October 18,
2012 CANCELED |
Santa
Barbara |
Santa Barbara County Supervisors Board
Hearing Room 105 Anapamu Street, 4th Floor,
Santa Barbara, CA 93101 |
|
December 6,
2012 |
Santa
Barbara |
Santa
Barbara Planning Commission 123
East Anapamu Street Planning
Commission Hearing Room #17 Santa
Barbara, CA 93101 |
LEAD
STAFF PERSONS
Kenneth A. Harris, Interim 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 Jahr, 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, Non-point Source Program 805-542-4646
Please email, send, or fax correspondence to:
Central
Coast Water Board
895
Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906
Phone: 805-549-3147
Fax: 805-543-0397
Email:
centralcoast@waterboards.ca.gov
|
Board Member |
Term Expires
|
|
Jean-Pierre Wolff San Luis Obispo |
9/30/2015 |
|
Monica S. Hunter Los Osos |
9/30/2012 |
|
Russell M. Jeffries Vice-Chair, Salinas |
9/30/2012 |
|
Michael Jordan Santa Barbara |
9/30/2014 |
|
Jeffrey S. Young Chair, Santa
Barbara |
9/30/2013 |
|
Bruce Delgado Marina |
9/30/2013 |
|
Michael Johnston Watsonville |
9/30/2015 |
CONDUCT OF MEETING AND HEARING PROCEDURES
A
- The primary duty of the Central Coast
Water Board is to protect the quality of waters within the Region for all
beneficial uses. This duty is
implemented by formulating and adopting water quality plans for specific ground
or surface water basins and by prescribing and enforcing requirements on all
domestic, municipal, and industrial waste discharges. Specific responsibilities and procedures of
the Regional Water Quality Control Boards and the State Water Resources Control
Board are set forth in the Porter-Cologne Water Quality Act Division 7 of the
California Water Code.
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 Central Coast Water Board
staff) or the Board, but may modify this rule if a party demonstrates severe
hardship. The Chair will rule at or
before the hearing. Late submissions
that consist of evidence (as opposed to policy statements or comments) will
generally be deemed prejudicial unless all designated parties (see below) have
time to consider the evidence before the meeting.
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 Central Coast Water Board staff prior to
the meeting to arrange for equipment set-up.
You must provide a printed or electronic copy of any PowerPoint
presentation. All Board files, exhibits,
and agenda material pertaining to items on this agenda are hereby part of the
record.
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 attorney’s 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 Central Coast Water Board no later
than two weeks after the draft order is available for public comment. The request must explain the basis for status
as a designated party and, in particular, how the person is directly affected
by the discharge.
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.
In order for presentations to be fully understood, presenters must use a
rate of speaking comparable to what is acceptable to a court reporter. Please do not race through presentations
faster than a normal, clear speech pattern.
J - A copy of the procedures governing Water
Board meetings may be found at Title 23, California Code of Regulations,
Section 647 et seq., and is available upon request. Hearings before the Central Coast Water Board
are conducted pursuant to Government Code sections 11400 et seq. but not
Government Code sections 11500 et seq.
The Chair may waive any procedural statutes or regulations that are not
required by the United States or California Constitutions.
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 California Code of
Regulations section 2050. The Petition
should be addressed to Office of Chief Counsel and must be received by the
State Water Board within 30 days of the Board’s action or failure to act
(i.e., the meeting date). Copies of the
law and regulations applicable to filing petitions will be provided upon
request and are available on the State Water Board website, www.waterboards.ca.gov
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 California Relay Service at 1-800-735-2929 or
voice line at 1-800-735-2922.
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)