August 16, 2006 - San Diego Regional Board Meeting

Water Quality Control Board
Regional Board Meeting Room
9174 Sky Park Court
San Diego, California

The Regional Board requests that all lengthy comments be submitted in writing in advance of the meeting date. To ensure that the Regional Board has the opportunity to fully study and consider written material, comments should be received in the Regional Board's office no later than 5:00 P.M. on Wednesday, August 2, 2006, and should indicate the agenda item to which it is applicable. If the submitted written material is more than 5 pages or contains foldouts, color graphics, maps, etc., 20 copies must be submitted for distribution to the Regional Board members and staff. Written material submitted after 5:00 P.M. on Wednesday, August 9, 2006 will not be provided to the Regional Board members and will not be considered by the Regional Board.

PLEASE NOTE THAT SOME ITEMS ON THE AGENDA MAY HAVE BEEN PREVIOUSLY NOTICED WITH EARLIER DEADLINES FOR SUBMITTING WRITTEN COMMENTS. IN THOSE CASES THE EARLIER DEADLINES APPLY.

Comments on agenda items will be accepted by email subject to the same conditions set forth for other written submissions as long as the total submittal (including attachments) does not exceed five printed pages in length. Email must be submitted to: rb9agenda@waterboards.ca.gov to insure consideration by the Regional Board. Type the word "Agenda" in the subject line.

Pursuant to Title 23, California Code of Regulations, Section 648.4, the Regional Board may refuse to admit written testimony into evidence if it is not submitted to the Regional Board in a timely manner, unless the proponent can demonstrate why he or she was unable to submit the material on time or that compliance with the deadline would create an unreasonable hardship.

NOTE C, attached to this Notice, contains a description of the hearing procedures that will be followed by the Regional Board. Hearings before the Regional Board are normally conducted using procedures that do not include cross-examination. Parties requesting use of more formal procedures must do so in accord with the directions in NOTE C. Any such request, together with supporting material, must be received in the Regional Board's office no later than 5:00 P.M. on Wednesday, August 2, 2006.

Except for items designated as time certain, there are no set times for agenda items. Items may be taken out of order at the discretion of the Chairman.

1. Roll Call and Introductions

2. PUBLIC FORUM: Any person may address the Regional Board at this time regarding any matter within the jurisdiction of the Board which is not on the agenda. Submission of information in writing is encouraged. Presentations will be limited to three minutes.

3. Minutes of Board Meetings: June 14 & June 21, 2006.

4. Chairman's, Board Members', State Board liaison's and Executive Officer's Reports: These items are for Board discussion only. No public testimony will be allowed, and the Board will take no formal action.

Consent Calendar: Items 5 through 11 are considered non-controversial issues. (NOTE: If there is public interest, concern or discussion regarding any consent calendar item or a request for a public hearing, then the item(s) will be removed from the consent calendar and considered after all other agenda items have been completed)

5. Update of Waste Discharge Requirements: Waste Discharge Requirements for Fallbrook Public Utility District Treatment Plant No. 1 Reclamation Project, San Diego County (tentative Order No. R9-2006-0064) (Victor Vasquez)

• Executive Officer's Summary Report
• Supporting Document No. 1
• Supporting Document No. 2
• Supporting Document No. 3
• Supporting Document No. 4
• Supporting Document No. 5
• Revised Executive Officer's Summary Report
• Supporting Document No. 6
• Supporting Document No. 7
• Supporting Document No. 8
• Supporting Document No. 9
  

POSTPONED 6. NPDES Permit Reissuance: Waste Discharge Requirements for the City of San Diego South Bay Water Reclamation Plant Discharge to the Pacific Ocean via the South Bay Ocean Outfall (tentative Order No. R9-2006-0067, NPDES Permit No. CA0109045) (Melissa Valdovinos)

7. Swift Transportation Company Inc., 6933 Calle De Linea, San Diego: Administrative Assessment of Civil Liability for failure to submit the Fiscal Year 2003-04 and 2004-05 annual storm water monitoring reports required by Order No. 99-07-DWQ, National Pollutant Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities (General Permit). The Regional Board will consider comments received during the public review period and decide on an order accepting payment of the proposed liability and waiver of hearing. (Tentative Order No. R9-2006-0097) (Rebecca Stewart)

8. Minshew Brothers Steel Construction, Inc., 1278 Vigilante Road, Lakeside: Administrative Assessment of Civil Liability for failure to submit the Fiscal Year 2003-04 and 2004-05 annual storm water monitoring reports required by Order No. 99-07-DWQ, National Pollutant Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities (General Permit). The Regional Board will consider written comments received during the public review period and decide on an order accepting payment of the proposed liability and waiver of hearing. (Tentative Order No. R9-2006-0098) (Rebecca Stewart)

9. Revision of Waste Discharge Requirements: Valley Center Municipal Water District, Woods Valley Treatment Facility (Tentative Addendum No. 1 to Order No. R9-1998-0009, An Addendum increasing the flow limitation) (Eric Becker)

10. NPDES Permit Revision: USMC Camp Pendleton, Discharge to Pacific Ocean via Oceanside Ocean Outfall (Tentative Addendum No. 2 to Order No. R9-2003-0155, NPDES Permit No. CA0109347, An Addendum to replace STP #13 with the Southern Region Tertiary Treatment Facility) (Charles Cheng)

POSTPONED 11. Revision of Waste Discharge Requirements: Sewage Collection Agencies within the San Diego Region, (Tentative Addendum No. 7 to Order No. R9-1996-0004, An Addendum establishing termination procedures for coverage under this Order) (Joann Lim)

Remainder of the Agenda (Non-Consent Items):

12. New NPDES Permit: Poseidon Resources Corporation,Carlsbad Desalination Project, Carlsbad (NPDES NO. CA0109223) The public comment period on this item closed on June 14, 2006. Comments on the specific recommended changes to tentative waste discharge requirements made subsequent to the close of the public comment period will be accepted. Otherwise, persons must demonstrate why they were unable to submit comments by the June 14, 2006 deadline or that compliance with the deadline created an unreasonable hardship. (Tentative Order No. R9-2006-0065) (Charles Cheng)

13. NPDES Permit Reissuance: Cabrillo LLC I, Encina Power Plant, Carlsbad (Tentative Order No. R9-2006-0043, NPDES No. CA0001350) (Eric Becker)

14. NPDES Permit Reissuance: South Orange County Wastewater Authority, Aliso Creek Ocean Outfall (tentative Order No. R9-2006-0055, NPDES No. CA0107611) (Joann Lim)

15. NPDES Permit Reissuance: South Orange County Wastewater Authority, San Juan Creek Ocean Outfall (tentative Order No. R9-2006-0054, NPDES No. CA0107417) (Joann Lim)

POSTPONED 16. Supplemental Environmental Project (SEP) Process: The Regional Board will consider a process to develop, select, fund, and manage SEPs derived from the settlement of administrative civil liability (ACL) actions and other related enforcement actions. (Mark Alpert)

POSTPONED 17. City of Escondido, Hale Avenue Resource Recovery Facility: Administrative Assessment of Civil Liability against the City of Escondido for Violations of Order No. 99-72, NPDES No. CA0107981, Waste Discharge Requirements for the City of Escondido, Hale Avenue Resources Recovery Facility, Discharge to the Pacific Ocean Via the Escondido Land Outfall and the San Elijo Ocean Outfall. The Regional Board will consider accepting a proposed settlement in response to Administrative Civil Liability Complaint No. R9-2005-0265. If the Regional Board rejects the settlement, the matter will be rescheduled to a future public hearing at which time the Regional Board will consider assessment of civil liability. (Tentative Order No. R9-2006-0095) (Rebecca Stewart)

POSTPONED 18. PUBLIC HEARING: Excellent Coatings, Inc., 1285 Distribution Way, Vista: Administrative Assessment for Civil Liability for failure to submit the Fiscal Year 2004-05 annual storm water monitoring report required by Order No. 99-07-DWQ, National Pollutant Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities (General Permit). If the discharger elects to waive their right to a hearing, the Regional Board will consider comments received during the public review period and decide on an order accepting payment of the proposed liability and waiver of hearing. (Tentative Order No. R9-2006-0099) (Rebecca Stewart)

19. PUBLIC HEARING: Next Generation Gelcoat, Inc. 9349 Bond Avenue, El Cajon: Administrative Assessment for Civil Liability for failure to submit the Fiscal Year 2004-05 annual storm water monitoring report required by Order No. 99-07-DWQ, National Pollutant Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities (General Permit). If the discharger elects to waive their right to a hearing, the Regional Board will consider comments received during the public review period and decide on an order accepting payment of the proposed liability and waiver of hearing. (Tentative Order No. R9-2006-0100) (Rebecca Stewart)

20. Status Report: Lake Cuyamaca Recreation and Park District, Order No. R9-2004-0015, Waste Discharge Requirements (Michelle Mata)

21. Executive Session - Discussion of Ongoing Litigation
The Regional Board may meet in closed session to discuss ongoing litigation for the following cases:

WILLIAM P. JOHNSON, an individual; and VAIL LAKE USA, LLC, a California limited liability company v. REGIONAL WATER QUALITY CONTROL BOARD - SAN DIEGO, a State of California board and DOES 1-50. Superior Court of the State of California for the County of San Diego, Case No. GIC815227; Petition for Writ of Mandate and Complaint for Damages in regards to Administrative Civil Liability Order No. R9-2002-0027 for violations of the statewide Construction Storm Water Permit, Order No. 99-08-DWQ. (Frank Melbourn)

Divers' Environmental Conservation Organization v. State Water Resources Control Board, San Diego Superior Court, Case No. GIC819689. Petition for Writ of Mandate challenging waste discharge requirements for U.S. Navy, Naval Station San Diego based on absence of numeric effluent limits for toxic pollutants in discharges of storm water.

Schutte & Koerting, Inc. and Ametek, Inc. v. California State Water Resources Control Board and Regional Water Quality Control Board, San Diego Region. San Diego Superior Court, Case No. GIC 822750. Verified Petition for Writ of Mandate for Breach of Contract.

Schutte & Koerting, Inc. and Ametek, Inc. v. California State Water Resources Control Board and Regional Water Quality Control Board, San Diego Region. San Diego Superior Court, Case No. GIC 824706. Verified Petition for Writ of Mandate for Breach of Contract.

People of the State of California Ex Rel. the Regional Water Quality Control Board, San Diego Region v. Robert Ortega, an individual in his capacity as Acting Commissioner of the International Boundary and Water Commission, United States Section, et al.. United States District Court, Southern District of California, Case No. 01-CV-027BTM(JFS); violation of effluent limits in waste discharge requirements for the International Wastewater Treatment Plant contained in Order No. 96-50 (NPDES No. CA0108928) and of Cease and Desist Order No. 96-52; Referral Order No. 99-61

San Diego Unified School District, a public school district, Plaintiff v. County of San Diego, a public entity, San Diego Regional Water Quality Control Board, a public entity and DOES 1 through 25, inclusive, Defendants. Superior Court of the State of California for the County of San Diego, Case No. GIC840390; First Amended Complaint for: 1) Breach of Contract-Lease Agreement, 2) Breach of Contract- Sharing Agreement, 3) Quantum Meruit; 4) Express Indemnity; 5) Implied Indemnity and Contribution; 6) Equitable Indemnity Contribution; 7) Nuisance; 8) Trespass; 9) Inverse Condemnation; 10) Preliminary and Permanent Injunction; 11) Declaration of Relief Against the County of San Diego; and 12) Declaration of Relief Against the Regional Water Board and County. (Brian McDaniel)

22. Executive Session - Consideration of Initiation of Litigation
The Regional Board may meet in closed session to consider initiating criminal prosecution against persons who are alleged to have violated the Porter-Cologne Water Quality Control or the federal Clean Water Act.

23. Executive Session - Discussion of Pending Litigation
The Regional Board may meet in closed session to discuss pending litigation.

24. Executive Session - Personnel
The Regional Board may meet in closed session to consider personnel matters involving exempt employees [Authorized under Government Code Section 11126(a)]

25. Arrangements for Next Meeting and Adjournment