NOTICE
OF PUBLIC MEETING
CENTRAL
COAST REGIONAL WATER QUALITY CONTROL BOARD
Friday,
February 1, 2013 9:00 a.m.
Central
Coast Water Board
895 Aerovista Place, Suite 101, San Luis
Obispo, CA 93401
Friday, February 1, 2013, 9:00 a.m.
Administrative Item
11.
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.]
Uncontested Items (Items 12-16)
These items 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 as
directed by the Chair.
*12. Waste Discharge Requirements for ASV Wines
Inc.................................... Order
No. 97-33
San Martin, Santa Clara County
(Rescind individual WDR and enroll
under General Winery Order)
[Cecile DeMartini 805/542-4782] CIWQS
#255416
*13. Waste Discharge Requirements for El Modeno
Gardens, Inc.................... Order No. 93-73
Hollister, San Benito County
(Rescind individual WDR)
[Cecile DeMartini 805/542-4782] CIWQS
#222448
*14. Waste Discharge Requirements for Brookdale
Lodge............................... Order
No. 01-035
Brookdale, Santa Cruz County
(Rescind individual WDR)
[Cecile DeMartini 805/542-4782] CIWQS
#210513
*15. Waste Discharge Requirements for NH3
Service Company...................... Order No. 97-40
Hollister, San Benito County
(rescind individual WDR and enroll
under General Fertilizer and Pesticide Order)
*16. Waste Discharge Requirements for City of
Scotts Valley.............. Order
No. R3-2013-0001
Wastewater
Treatment Plant, Scotts Valley, Santa Cruz County
(Reissue NPDES Permit No.
CA0048828)
[Michael Higgins 805/542-4649]
Waste Discharge Requirements
17. Waste Discharge Requirements for Monterey Wine Company..... Order No. R3-2002-0058
King City, Monterey County
(Rescind individual WDR and enroll
under General Winery Order)
[Tom Kukol 805/549-3689]
Status Reports and Discussion Items
18. Compliance with Revised Ex Parte Rules......................................... Information/Discussion
[Jessica Jahr 916/341-5168]
Note: This item may be heard in the afternoon on January
31st, time permitting
19. Watershed Resources Management Efforts
in the Region............... Information/Discussion
[Kenneth A. Harris, Jr. 805/549-3140]
20. Board Meeting Agenda Format Discussion........................................ Information/Discussion
[Kenneth Harris, Jr. 805/549-3140]
21. Enforcement Report......................................................................................... Status
Report
[Harvey Packard
805/542-4639]
Administrative Items
22. Executive Officer’s Report................................................................ Information/Discussion
[Kenneth
A. Harris Jr. 805/549-3140]
Technical/Status Reports
Groundwater
Assessment and Protection (GAP) Six-month Update
[Matthew
Keeling 805/549-3685]
Post
Construction Requirements and Stormwater Phase II Permit for Municipalities
[Phillip
Hammer/549-3882]
Morro
Bay-Cayucos Wastewater Treatment Plant update [Katie DiSimone 805/542-4638]
Los
Osos Dewatering Update [David
LaCaro 805/549-3892]
Emerging Contaminants and Bacteria Issues [Harvey Packard 805/542-4639]
San
Luis Obispo Creek Municipal (MUN) Beneficial Use De-designation update
[Katie
DiSimone 805/542-4638]
Water Quality Certifications
[Two tables are provided
in the Executive Officer’s (EO) Report: Table 1 lists the applications received
and Table 2 lists the certification issued from October 31, 2012 – December 19,
2012 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.]
Groundwater
Protection Section Case Closures
[Two tables are provided
in the EO Report: Table 3 lists the closure performance for the Underground
Tank and Site Cleanup Programs at January 6, 2013, approximately one-half of
the way through the current fiscal year.
Table 4 lists the individual sites closed since the start of the fiscal
year.]
General Order and Waiver Enrollments
[One table is
provided in the EO Report: Table 5 lists the enrollments under various
State-wide and Central Coast Region general orders and waivers. The table also includes enrollment dates and
the staff contact for each enrollee.]
Presentations
[Kenneth A. Harris Jr.]
Closed Session
Discussion of Cases in Litigation..................................................................... Closed
Session
[Staff Counsel Jessica Jahr and/or Sr. Staff
Counsel Frances McChesney]
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. 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.
Voices of the
Wetlands, et al, v. Regional Water Quality Control Board (Monterey County
Superior Court No. M54889; Sixth District Court of Appeals Case No. H028021);
5.
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);
6.
Central Coast
Water Board v. Los Osos Community Services District (San Luis Obispo County
Case No. CV-051074);
7.
Los Osos CSD v.
Central Coast Water Board (San Luis Obispo County Case No. CV 060146 (TSO
00-131);
8.
Los Osos Community Services District (Bankruptcy), Central District of California Case
No. ND 06-10548-RR;
9.
Maxine Heim v.
Central Coast Water Board, San Luis Obispo County Superior Court Case No. CV
989572;
10. Ken Berry,
et al. v. Central Coast Water Board, et al. (Sacramento Superior Court; CEQA
Challenge to Los Osos CDOs);
11.
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);
12.
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;
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 Lompoc (Santa Barbara County, Resolution No. R3-2008-0071 for City of Lompoc
Storm Water Management Program), SWRCB/OCC File No. A-1965.
15. Casmalia Hazardous Waste Site Litigation:
U.S. v. State of California and Related Matters.
16. 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)].
17. 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.
18. 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
19. Petitions to Review Central Coast Regional
Water Quality Control Board’s Resolution No. R3-2012-0025, Approving
Post-Construction Stormwater Management Requirements for Development Projects
in the Central Coast Region:
a. City of Goleta
b. City of Lompoc
c. David A Koch, Director of Public Works and
Utilities, City of Watsonville
20. Petition of South San Luis Obispo County
Sanitation District, Administrative Civil Liability Order No. R3-2012-0041.
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 in
Santa Barbara on March 14-15, 2013.
UPCOMING CENTRAL COAST WATER BOARD MEETINGS
|
Date |
City |
Address |
|
March 14-15, 2013 |
Santa Barbara |
Santa Barbara County Offices Supervisors’ Board Hearing Room, 4th Floor 105 East Anapamu Street Santa Barbara |
|
May 30-31, 2013 |
San Luis Obispo |
Central Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis
Obispo |
|
July 11-12, 2013 |
Watsonville |
Watsonville City Council Chambers 275 Main Street, 4th Floor Watsonville |
|
September 5-6, 2013 |
San Luis Obispo |
Central Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis
Obispo |
|
December 5-6, 2013 |
San Luis Obispo |
Central Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis
Obispo |
LEAD STAFF PERSONS
Kenneth A. Harris
Jr., 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
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, 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
CENTRAL
COAST WATER BOARD MEMBERS
|
Board Member |
Appointment Category |
Term Expires
|
|
Jean-Pierre Wolff San Luis Obispo |
|
9/30/2015 |
|
Monica S. Hunter Los Osos |
Public |
9/30/2016 |
|
Russell M. Jeffries Vice-Chair, Salinas |
|
9/30/2014 |
|
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 |
|
9/30/15 |
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)
Central Coast Water Board
895 Aerovista Place, Suite
101, San Luis Obispo, CA 93401
Phone: 805-549-3147
Embassy
Suites Hotel 333
Madonna Road San
Luis Obispo, CA 93405
-N-
]
-S-
Central Coast
Water Board Offices: From Airport: turn left on
Airport Drive (located between airport parking lots), go to Aerovista Park
and turn right. Turn right into parking lot just before Broad Street (227).
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. Embassy Suites:
Exit 101 on Madonna Road, go south on Madonna Road to Dalidio
Drive. Turn left on Dalidio and turn
left again at the first street into the plaza (near Home Town Buffet). Turn right into first driveway and head
east until you see Embassy Suites on the left, near World Market.