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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
LAHONTAN REGION

MEETING AGENDA

October 12 and 13, 2000


City Council Chambers
1900 Lake Tahoe Blvd
South Lake Tahoe


REGULAR MEETING

October 12, 2000 - 7:30 p.m.
October 13, 2000 - 8:30 a.m.



Note:

A quorum of the Regional Board will be dining on Thursday, October 12, 2000 at 5:30 p.m. at: Café Fiore 1169 Ski Run Blvd., South Lake Tahoe


The facility is accessible to people with disabilities. Individuals who require special accomodations are requeste dto contact Ms. Pam Walker at (530) 542-5414 at least five working days prior to October 12, 2000. TTY users may contact the California Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922.

The following items are numbered for identification purposes only and will not necessarily be considered in this order. Public hearings will not be called to order prior to the time specified. All Board files, exhibits, and agenda material pertaining to items on this agenda are hereby made a part of the record for the appropriate item. If, due to time constraints, the Regional Board is unable to consider all items scheduled for Thursday evening, the item(s) not heard will be considered on Friday, October 13, 2000 beginning at 8:30 a.m.

In certain instances the Board may use teleconference equipment to conduct its meetings. A Board member who cannot travel to the announced site of a meeting due to illness, travel problems or an emergency may participate in the meeting via teleconferencing from a different location. In any case, the location for public participation at this meeting is as shown above.

NOTICE

Submittal of Written Material for Regional Board Consideration

In order to ensure that the Regional Board has the opportunity to fully study and consider written material, it is necessary to submit it at least ten (10) days before the meeting. This will allow distribution of the material to the Board members in advance of the meeting. Pursuant to Title 23 California Code of Regulations Section 648.4, the Regional Board may refuse to admit written testimony into evidence unless the proponent can demonstrate why he or she was unable to submit the material on time or that compliance with the deadline would otherwise create a hardship. If any other party demonstrates prejudice resulting from admission of the written testimony, the Regional Board may refuse to admit it.

A copy of the procedures governing Regional Water Board meetings may be found in Title 23, California Code of Regulations, Section 647 et seq., and is available upon request. Hearings before the Regional Board are not conducted pursuant to Government Code Section 11500 et seq.




Thursday, October 12, 2000 - 7:30 p.m.

Roll Call and Introductions

  1. PUBLIC FORUM

    Any member of the public may address the Regional Board relating to matters within the Board's jurisdiction. This shall not be related to any item on the agenda and presentations ahould normally be limited to five minutes. No formal action by the Board will be taken on these matters.

  2. MINUTES

    Minutes of the Regular Meeting of September 14, 2000 in Primm (Pam Walker)

  3. ADOPTION OF CONSENT CALENDAR

    Item numbers with an asterisk (*) are expected to be routine and noncontroversial. They will be acted upon by the Board at one time without discussion. If any Board member, staff member, or interested party requests discussion, the item will be removed from the Consent Calendar to be considered separately.

    RESCISSION OF WASTE DISCHARGE REQUIREMENTS

  4. * North Tahoe Public Utility District Tahoe Vista Marina, Placer County (6-98-186); South Tahoe Public Utility District Luther Pass Pump Station, El Dorado County (6-91-38) (Lauri Kemper)

  5. * Truckee Business Park, Nevada County (6-86-79) (Greg Zentner)

    REVISED WASTE DISCHARGE REQUIREMENTS

  6. * Molycorp Inc., Mountain Pass Mine and Mill Site, North Tailings Pond (P-16), San Bernardino County (Curt Shifrer) removed

    UPDATED WASTE DISCHARGE REQUIREMENTS

  7. * Silver Shadows Lodge, APN 32-201-07, El Dorado County (6-83-28) (Kara Russell)

  8. * Winter Wonderland, Ski Rental Shop, APN 30-352-02, El Dorado County (6-58-78) (Kara Russell)

    NPDES PERMIT

  9. * Renewal of Municipal Storm Water NPDES Permit for the City of South Lake Tahoe, El Dorado and Placer County, Storm Water/Runoff Discharge (6-92-02) (Dale Payne/Lauri Kemper)

    ENFORCEMENT ACTIONS

  10. Public Hearing - Rescission of Cease and Desist Order No. 6-83-28 for David and Shellie Fischer, Silver Shadows Lodge, El Dorado County (The Board will consider rescinding a Cease and Desist Order.) (Kara Russell)

  11. Public Hearing - Rescission of Time Schedule Order No. 6-00-04 for California Department of Transportation - District 3, County (The Board will consider rescinding a Time Schedule Order.) (Robert Erlich)

  12. Public Hearing - Consideration of an Administrative Civil Liability Order for the City of South Lake Tahoe for Discharging Wastes from the Tailspin Restaurant at the Airport in Violation of Waste Discharge Prohibitions and Waste Discharge Requirements (Board Order No. 6-88-111), El Dorado County (The Board will consider affirming or modifying an ACL Complaint for the amount of $12,000.) (Kara Russell)

    OTHER BUSINESS

  13. Sierra Star Golf Course - Use of Recycled Wastewater from Mammoth Community Services District - Applicability of Waste Discharge Prohibitions Contained in the Water Quality Control Plan for the Lahontan Region, Mono County (The Board will be asked to determine the applicability of discharge prohibitions to the use of recycled wastewater for golf course irrigation in the Mammoth Lakes area.) (Michele Ochs)

  14. Consideration of a Resolution for the Department of the United States Navy's Record of Decision (ROD) for Ten Installation Restoration (IR) Program Sites at the Marine Corps Mountain Warfare Training Center, Bridgeport, Mono County (The Board will consider adopting a resolution authorizing the Executive Officer to sign the final version of the ROD.) (Tammy Lundquist)

  15. * California Tahoe Conservancy, Lower West Side of Upper Truckee River Wetland Construction Project - Exemption to a Prohibition Contained in the Water Quality Control Plan for the Lahontan Region, (The Board will consider granting an exemption to a prohibition contained in the Basin Plan.) (Bruce Warden)

  16. Susanville Consolidated Sanitary District - Wastewater Treatment Facility - Lassen County - Resolution Concurring with a Declaration of Potential Pollution Problems by Lassen County Health Officer, (The Board will consider adopting the Resolution that would allow a proposed facility expansion and upgrade project to qualify for grant funding.) (Scott Ferguson)

  17. Executive Officer's Report (Harold Singer)

    • Notification of Spills Pursuant to Section 13271, California Water Code and Section 25180.7, California Health and Safety Code.

    • Notification of Closure of Underground Storage Tank Cases (Pursuant to Article 11, Division 3, Chapter 16, Title 23, California Code of Regulations)

    • Report on Status of Standing Items

  18. Reports by Chairman and Board Members (Board members may discuss communications, correspondence, or other items of general interest relating to matters within the Board's jurisdiction. No public testimony will be allowed and there will be no voting or formal action taken.)

    * Note: See Item No. 3*


  19. CLOSED SESSIONS**

    1. Discussion of Significant Exposure to Litigation. Authority: Government Code Section 11126(e)(2)(B)(i).

    2. Discussion of Significant Exposure to Litigation, Leviathan Mine, Alpine County. Authority: Government Code Section 11126(e)(2)(B)(i).

    3. Discussion to Decide Whether to Initiate Litigation. Authority: Government Code Section 11126(e)(2)(C)(i).

    4. Discussion to Decide Whether to Initiate Litigation, Molycorp. San Bernardino County. Authority: Government Code Section 11126(e)(2)(C)(i).

    5. Discussion of Personnel Matters. Authority: Government Code Section 11126(a).

    6. Discussion of Litigation: Sarbjit Singh Kang, et al, v. State of California, Regional Water Quality Control Board, Lahontan Region, El Dorado County Superior Court No. PC20000261; Azad Amiri and Sarbjit Singh Kang, v. State of California Regional Water Quality Control Board, Lahontan Region, El Dorado County Superior Court No. SC20000114; and Azad Amiri, Mohan Singh, and Sohan Singh v. State of California, Regional Water Quality Control Board, Lahontan Region, Placer County Superior Court No. SCV10061. Authority: Government Code Section 11126(e).

    7. Discussion of Bankruptcy Claims Filed by the California Regional Water Quality Control Board Against Luz Development and Finance Corporation. U.S. Bankruptcy Court (C.D. CAL) Case No. 91-99997-AA and Related Proceedings. Authority: Government Code Section 11126(e).

    8. Discussion of Litigation Filed by the State of California and the California Regional Water Quality Control Board, Lahontan Region Against Philip and Mary Myers, Mono County Superior Court, Case No. 12534. Authority: Government Code Section 11126(e).

**Note:

At any time during the regular session, the Board may adjourn to a closed session to consider litigation, personnel matters, or to deliberate on a decision to be reached based upon evidence introduced in the hearing. Discussion of litigation is within the attorney-client privilege and may be held in closed session. Authority: Government Code Section 11126(a), (d), and (e)(1), (2), and (3).


Friday, October 13, 2000 - 8:30 a.m.

    ENFORCEMENT ACTIONS

  1. Public Hearing - Consideration of an Administrative Civil Liability Order for Referral to the Office of the Attorney General for John F. Bosta for Failure to Cease Wastewater Discharges from an Existing Septic Tank/Leachfield Systen at Lassen County Assessor's Parcel Number 065-110-42, Lassen County, in Violation of Deadlines Specified in Cleanup and Abatement Order No. 6-96-150 (The Board will consider affirming, denying, or modifying an ACL Complaint for the amount of $128,900 or referring the matter to the Office of the Attorney General.) (Scott Ferguson)

  2. Public Hearing - Consideration of an Administrative Civil Liability Order for Referral to the Office of the Attorney General for Gregory A. Babb and Heather Babb for Failure to Cease Wastewater Discharges from an Existing Septic Tank/Leachfield Systen at Lassen County Assessor's Parcel Number 065-210-01, Lassen County, in Violation of Deadlines Specified in Cleanup and Abatement Order No. 6-96-067 (The Board will consider affirming, denying, or modifying an ACL Complaint for the amount of $128,900 or referring the matter to the Office of the Attorney General.) (Scott Ferguson)


  3. ADJOURNMENT

    Any person affected by a certain decision of the California Regional Water Quality Control Board, Lahontan Region (Regional Board), may petition the State Water Resources Control Board (State Board) to review the decision. The petition must be received by the State Board within 30 days of the Regional Board's meeting at which the action was taken. Copies of the law and regulation applicable to filing petitions will be provided upon request.

    Note:

    A Listing of pending applications for Water Quality Certification pursuant to Section 401 of the Clean Water Act may be obtained by calling:

    For the North Lahontan Basin, Scott Ferguson in South Lake Tahoe at (530) 542-5432

    For the South Lahontan Basin, Hisam Baqai in Victorville at (760) 241-7325



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The Regional Board will be considering many items during this meeting which may or may not result in Regional Board action or direction to staff. We encourage input from all people interested in a given item or issue, so that when we act, our decision is based on all available information. Although an oath is not administered in most of the proceedings before this Board, we expect all statements made before this Board to be truthful with no attempts to mislead this Board by false statements, deceptive presentations or failure to include essential information.

The Regional Board encourages all people in or near a Board meeting to refrain from engaging in inappropriate conduct. Inappropriate conduct may include disorderly, contemptuous or insolent behavior, breach of the peace, boisterous conduct, violent disturbance or other unlawful interference in the Board's proceedings. Such conduct could subject you to contempt sanctions by the superior court (Govt C Sec 11455.10).

The Regional Board Chairperson may impose sanctions, including reasonable expenses and attorney's fees, on any party for bad faith actions, frivolous tactics or actions intended to cause unnecessary delay by a party or the party's attorney or representative (Govt C Sec 11455.30)



Bill of Rights for Environmental Permit Applicants



 
 

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