October 9, 2024 - San Diego Water Board Meeting

All links in the Agenda Items refer to supporting documents in Adobe Portable Document Format (PDF). Also, documents received by the Regional Board as a hard copy have to be scanned and have larger file sizes.


STATE OF CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION

REVISED MEETING NOTICE AND AGENDA

Wednesday, October 9, 2024
9:00 a.m

San Diego Regional Water Quality Control Board
Board Meeting Room
2375 Northside Drive, Suite 108
San Diego, California 92108
And via Video and Teleconference
(Gov. Code, § 11123.2)

 


Video and Teleconference Options: This meeting will occur with both a physical meeting location and an option to participate from a remote location.  Members of the public who wish to observe or to address the San Diego Water Board may do so at the noticed, physical location or may use the Zoom application to address the San Diego Water Board from a remote location. A majority of the board members will be physically present at the noticed meeting location above:.

REVISED MEETING NOTICE AND AGENDA

BOARD MEETING
Public comments on agenda items will be limited to three minutes each. Depending on the number of speakers and the time available, the Board Chair retains discretion to limit the time to less than three minutes or to grant additional time for each person to speak. Where speakers can be grouped by affiliation or interest, such groups may consider consolidating their time to a spokesperson.

Agenda items may be taken out of order

DECLARATION OF A QUORUM

Celeste Cantú, Chair; Betty H. Olson, Ph.D., Vice Chair; Megan Blair, Board Member; Gary Strawn, Board Member; Yen Tu, Board Member; Stefanie Warren, Board Member.

PUBLIC FORUM

Any member of the public may address and ask questions of the Board relating to any matter within the San Diego Water Board's jurisdiction, provided the matter is not on the agenda or pending before the San Diego Water Board.

BOARD BUSINESS

  1. The Board will consider adoption of the following Board Meeting Minutes:August 14, 2024
  2. Chair’s, Board Members’, State Board Liaison’s, and Executive Officer’s Reports.

CONSENT CALENDAR

*Items on the consent calendar may be removed at the request of any Board member or person.  If an item is removed from the consent items calendar, it will only be voted on at this meeting if the Board accepts the staff recommendation for the agenda item.  Otherwise, the item will be continued to a subsequent board meeting to allow input by interested persons.

  1. NPDES Permit Amendment: Amendment to Order No. R9-2020-0001, as amended by Order No. R9-2020-0183, NPDES No. CA0109398, Waste Discharge Requirements for the City of San Diego North City Reclamation Plant and Pure Water Facility, Discharge to Miramar Reservoir, San Diego County (Tentative Order No. R9-2024-0035).  Written comments on this item were due on July 15, 2024. (Fisayo Osibodu)

INFORMATIONAL ITEM

  1. Annual Update on the Strategy for a Healthy San Diego Bay.  Written comments are due by 5:00 p.m. on October 2, 2024. (Wayne Chiu)

ACTION ITEM

  1. Public Hearing:  Complaint No. R9-2024-0090 for Administrative Civil Liability Failure to Comply with Cleanup and Abatement and Water Code section 13267 Order No. R9-2021-0165.  For deadlines related to this matter see the Hearing Procedure. The San Diego Water Board may deliberate in a closed session to consider evidence introduced in an adjudicative hearing. (Maher Zaher and Brian Covellone)

 

CLOSED SESSIONS
Closed Sessions are not open to the Public

  1. Discussion of Ongoing Litigation [Authorized under Government Code §11126, subd. (e)]. The San Diego Water Board may meet in closed session to discuss ongoing litigation for the following cases:

Civil Actions (Judicial and Administrative, other than Petitions for Review filed with the State Water Board)

  1. In re: Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2007-001, (NPDES No. CAS0108758) Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, the San Diego Unified Port District, and the San Diego County Regional Airport Authority adopted on January 24, 2007. Test Claim filed by San Diego County, et al., with Commission on State Mandates, No. 07-TC-09 (filed June 2008). (Catherine George Hagan)
  2. State of California Department of Finance, State Water Resources Control Board, and California Regional Water Quality Control Board, San Diego Region v. Commission on State Mandates. Petition for Writ of Administrative Mandamus. Sacramento County Superior Court, Case No. 34-2010-80000604 (filed July 2010). (Catherine George Hagan)
  3. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2009-0002, (NPDES No. CAS0108740) Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of Orange, the Incorporated Cities of the County of Orange, and the Orange County Flood Control District adopted on December 16, 2009. Test Claim filed by County of Orange, et al., with Commission on State Mandates, No. 10-TC-11 (filed June 2011). (Catherine George Hagan)
  4. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2010-0016 (NPDES No. CAS0108766) adopted November 10, 2010, County of Riverside, Riverside County Flood Control and Water Conservation District, and the Cities of Murrieta, Temecula, and Wildomar, Co-Claimants, filed with Commission on State Mandates, No. 11-TC-03 (filed November 2011). (Catherine George Hagan)
  5. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2013-0001 (Regional MS4 Permit) filed with Commission on State Mandates by County of San Diego. (San Diego Region Water Permit – County of San Diego, Test Claim No. 14-TC-03 (filed June 2015). (Catherine George Hagan)
  6. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2013-0001 as amended by Order No. R9-2015-0001 and Order No. R9-2015-0100 (Regional MS4 Permit) filed with the Commission on State Mandates by Orange County Copermittees, Test Claim No. 15-TC-02 (filed June 2016). (Catherine George Hagan)
  7. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2015-0100, Provisions A.4, B.2, B.3.a, B.3.b, B.4, B.6, D.1.c(6), D.2.a(2), D.3, D.4, E.3.c(2), E.3.c(3), E.3.d, E.5.a, E.5.c(1)(a), E.5.c(2)(a), E.5.c(3), E.5.e, E.6, F.1.a, F.2.a, F.2.b, F.2.c, F.3.b(3), and F.3.c. 16-TC-05, County of Riverside, Riverside County Flood Control and Water Conservation District, and the Cities of Murrieta, Temecula, and Wildomar, Co-Claimants, filed with Commission on State Mandates, (June 2017). (Catherine George Hagan)
  8. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2017-0077, Sections A.1, A.3, and A.5, 17-TC-05, City of San Juan Capistrano and County of San Diego, Claimants, filed with the Commission on State Mandates, (June 2017). (Catherine George Hagan)
  9. Baldwin & Sons, Inc.; Sunranch Capital Partners, LLC; Sunrise Pacific Construction, Inc.; SRC-PH Investments, LLC; Baldwin & Sons, LLC; Shawn M. Baldwin; Randall G. Bone; and Jose Capati v. California Regional Water Quality Control Board San Diego Region, Verified Petition for Writ of Mandate, Orange County Superior Court, Case No. 30-2022-01291447-CU-WM-CJC, filed November 4, 2022. (Vincent Vu)
  10. Lockheed Martin Corporation v. California State Water Resources Control Board; Regional Water Quality Control Board, San Diego Region, Verified Petition for Writ of Mandate and Request for Stay, Superior Court of the State of California, County of San Diego, Case No. 37-2023-00001041-CU-WM-CTL, filed January 9, 2023. (Alex Sauerwein)
  11. Quality Investors 1 2016 LLC and David G. Epstein v. California State Water Resources Control Board; Regional Water Quality Control Board, San Diego Region, Verified Petition for Writ of Mandate, Superior Court of the State of California, County of San Diego, Case No. 37-2024-00001837-CU-WM-CTL, filed January 16, 2024. (Alex Sauerwein)

Petitions for Review Pending Before the State Water Board
Petitions for review of San Diego Water Board actions or inactions filed with the State Water Board being held in abeyance by the State Water Board are generally not listed in the agenda. The titles of these matters are available at the San Diego Water Board. Please contact Alex Sauerwein at Alex.Sauerwein@waterboards.ca.gov or 916-327-8581 for more information.

  1. Petitions of San Diego Coastkeeper and Coastal Environmental Rights Foundation; City of Rancho Santa Margarita; City of Laguna Hills; County of Orange & Orange County Flood Control District; City of Dana Point; City of Laguna Beach; City of Mission Viejo; City of Laguna Niguel; Riverside County Flood Control & Water Conservation District et al.; City of San Clemente; City of San Juan Capistrano; and City of Aliso Viejo (Order No. R9-2015-0100, amending Order No. R9-2013-0001 [NPDES No. CAS 0109266] for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region), SWRCB/OCC FILE A-2456 (a thru I). (Laurie Walsh)
  1. Consideration of Initiation of Litigation or Discussion of Significant Exposure to Litigation. The San Diego Water Board may meet in closed session to initiate or consider initiating litigation concerning matters within its jurisdiction or to discuss significant exposure to litigation [Authorized under Government Code §11126(e)]. (David Gibson)
  2. Deliberation on a Decision to be Reached Based on Evidence Introduced in a Hearing.  The San Diego Water Board may meet in closed session to consider evidence received in an adjudicative hearing and to deliberate on a decision to be reached based upon that evidence [Authorized under Government Code §11126(c)(3)].
  3. Personnel.  The San Diego Water Board may meet in closed session to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing [Authorized under Government Code §11126(a)].

DIRECTIONS TO MEETING

From Downtown:      Green Line light rail towards Santee to Fenton Parkway Station.  Walk to 2375 Northside Drive (about 9 minutes). Head northwest on Fenton Parkway to Northside Drive.  Right on Northside Drive.

I-15 north – take the Friars Road West exit (toward Qualcomm Stadium) – follow signs to stay on Friars Road.  Turn left onto Northside Drive.  Turn left at first signal (Fenton Marketplace Drwy).  Our building is located at the end of the court – veer to the left into the parking structure.  Parking will be validated for the parking structure.

From the North:         Pacific Surfliner Train 572 towards San Diego Santa Fe Depot.  Walk to San Diego Old Town Transit Center (about 1 minute).  Green Line light rail towards Santee to Fenton Parkway Station.  Walk to 2375 Northside Drive (about 9 minutes).  Head northwest on Fenton Parkway to Northside Drive.  Right on Northside Drive.

I-15 south – take the Friars Road West exit – follow signs to stay on Friars Road.  Turn left onto Northside Drive.  Turn left at first signal (Fenton Marketplace Drwy).  Our building is located at the end of the court – veer to the left into the parking structure.  Parking will be validated for the parking structure