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Agenda July 2004
California Regional Water Quality Control Board
San Francisco Bay Region
1515 Clay Street, Suite 1400, Oakland, California 94612
Phone (510) 622-2300, FAX (510) 622-2460
AGENDA
July 21, 2004
9:00 a.m.
Elihu M. Harris Building
First Floor Auditorium
Approximate Time[1]
9:00 a.m. 1. Roll Call and Introductions
2. Public Forum
Any person may address the Water Board at the commencement of the meeting on any matter within the jurisdiction of the Board. This should not relate to any item on the agenda. The chair requests that each person addressing the Board limit the presentation to three minutes.
3. Minutes of the June 16, 2004 Board Meeting
4. Chairman's, Board Members', and Executive Officer's Reports
5. Consideration of Uncontested Items Calendar (See Notes attached)
NPDES Permit
A. General Waste Discharge Requirements for Discharge or Reuse of Extracted and Treated Groundwater Resulting from the Cleanup of Groundwater Polluted by Volatile Organic Compounds – Reissuance of NPDES General Permit
[Farhad Azimzadeh 622-2310]
Adopted Order R2-2004-0055
Staff Summary Report
Appendix A
Appendix A SMP
Appendix A NOI
Appendix C
Appendix D
B. Tesoro Refining and Marketing Company, ConocoPhillips Company, Chevron Environmental Services Company, Golden Eagle Refinery, Martinez, Contra Costa County – Update of Waste Discharge Requirements and Rescission of Order No. 99-083
[David Elias 622-2509]
Adopted Order R2-2004-0056
Attachments (zip)
C. East Bay Regional Park District, Alameda and Contra Costa Counties –Update of Waste Discharge Requirements and Water Quality Certification for Regional Maintenance Activities
[Martin Musonge 622-2396]
Adopted Order R2-2004-0057
Attachments (zip)
Staff Summary Report
Water Reuse Requirements
D. Bolinas Community Public Utility District, Bolinas, Marin County – Issuance of Water Reuse Requirements
[Richard Condit 622-2338]
Adopted Order R2-2004-0058
Attachments (zip)
Information Item Requiring No Board Action
E. LUST Cleanup Program – Case Closure Status Report
[Donald Trembley 622-2350]
Staff Summary Report
Attachment (xls)
ENFORCEMENT
Administrative Civil Liability
6. City and County of San Francisco, Sheriff’s Department, Sanitary Sewer System, San Mateo County – Hearing to Consider Administrative Civil Liability for Discharge of Partially Treated Wastewater to Waters of the State [Ray Balcom 622-2312]
Staff Summary Report
Mandatory Minimum Penalty
7. ConocoPhillips San Francisco Refinery, Rodeo, Contra Costa County – Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State
[Joseph Ernest 622-2456]
Adopted Order R2-2003-0103
Staff Summary Report
MMP
Transmittal Letter
NPDES PERMITS
8. Contra Costa Clean Water Program, Contra Costa County – Second Amendment of Order 99-058, NPDES Municipal Stormwater Permit [Christine Boschen 622-2346]
Adopted Order R2-2004-0059
Staff Summary Report
Final Transmittal Letter
Final Fact Sheet
9. San Mateo Countywide Stormwater Pollution Prevention Program, San Mateo County – Second Amendment of Order 99-059, NPDES Municipal Stormwater Permit
[Habte Kifle 622-2371]
Adopted Order R2-2004-0060
Staff Summary Report
Fact Sheet
10. Contra Costa Clean Water Program, Contra Costa County – Third Amendment of Order 99-058, NPDES Municipal Stormwater Permit [Christine Boschen 622-2346]
Adopted Order R2-2004-0061
Staff Summary Report
Final Transmittal Letters
Final Fact Sheet
11. San Mateo Countywide Stormwater Pollution Prevention Program, San Mateo County – Third Amendment of Order 99-059, NPDES Municipal Stormwater Permit
[Habte Kifle 622-2371]
Adopted Order R2-2004-0062
Staff Summary Report
Fact Sheet
WASTE DISCHARGE REQUIREMENTS/WATER QUALITY CERTIFICATION
12. California Department of Fish and Game, Napa River Salt Marsh Restoration, Lower Ponds Project, Napa and Solano Counties – Issuance of Waste Discharge Requirements and Water Quality Certification
[Tobi Tyler 622-2431]
Adopted Order R2-2004-0063
Attachments (zip)
SITE CLEANUP REQUIREMENTS
13. Shore Terminals and Wickland Oil Company, for the property located at 90 San Pablo Avenue, Shore Selby Facility, Crockett, Contra Costa County –Issuance of Site Cleanup Requirements
[Michael Rochette 622-2411]
Adopted Order R2-2004-0064
Figures (ppt)
14. Correspondence
15. Closed Session – Personnel
The Board may meet in closed session to discuss personnel matters. [Authority: Government Code Section 11126(a)].
16. Closed Session – Litigation
11:30 – 12:30 p.m. a. The Board may meet in closed session to discuss litigation, including significant exposure to litigation and whether to initiate litigation [Authority: Government Code Sections 11126(e)(2)(B)(i)
and 11126(e)(2)(C)(i)].
b. The Board may meet in closed session to discuss Napa Sanitation District et al. v. State Water Resources Control
Board et al. (California Court of Appeal, First District, Division 4, No. A103725)[Authority: Government Code
Section 11126(e)(2)(A)].
c. The Board may meet in closed session to discuss Napa Sanitation District v. California Regional Water Quality Control Board, San Francisco Region and State Water Resources Control Board (Napa County Superior Court)[Authority: Government Code Section 11126(e)(2)(A)].
17. Adjournment to the next Board meeting – September 15, 2004
[1] The “approximate time” indicated is an estimate of the time when the agenda item is expected to be considered by the Board. The Board will follow these times as closely as possible; however, the estimates are provided for convenience and are not legally binding on the Board.
NOTES ON WATER BOARD AGENDA
Agenda Annotations - *Uncontested item, expected to
be routine and non-controversial. Recommended action
will be taken at the beginning of the meeting without
discussion. Any interested party, Board member or the
Executive Officer may request that an item be removed
from the Uncontested Items Calendar, and it will be
taken up in the order indicated by the agenda.
Availability of Agenda Items - Staff reports and tentative
orders or resolutions for agenda items are available
at www.waterboards.ca.gov/sanfranciscobay, one week before the Board
meeting. Copies of individual agenda items may also
be obtained at the Board's office after 9 a.m. on the
Thursday preceding the Board meeting. The staff member
indicated on the agenda listing will assist in securing
copies and answering questions.
Conduct of Board Meetings - Items are numbered for identification
purposes only, and may not necessarily be considered
in this order.
Board meetings are accessible to people with disabilities.
Individuals who require special accommodations should
contact the Executive Assistant at least 5 working days
before the meeting. TTY users may contact the California
Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922.
Materials presented to the Water Board as part of testimony
that is to be made part of the record must be left with
the Board. These include photographs, slides, charts,
diagrams, etc. Anyone intending to make a presentation
using slides, overheads, computer graphics, or other
media should coordinate with the staff member for that
agenda item in advance of the meeting.
Some Board members may attend a meeting by teleconference.
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 on evidence introduced in a hearing.
[Government Code section 11126(a), (d) and (q)]
Agenda Items on Administrative
Civil Liabilities and Mandatory Minimum Penalties -
A discharger may waive the right to a hearing on an
agenda item for an ACL or MMP. If there is a waiver,
no hearing will be held unless new, substantial information
is made available that was not considered during the
public comment period.
Petition of Water Board Actions - Any person adversely
affected by a Water Board action may petition the State
Water Resources Control Board for review of that action.
Pursuant to section 2050© of Title 23 of the California
Code of Regulations, such a petition of the Water Board's
action on an agenda item shall be limited to those substantive
issues or objections that were raised before the Water
Board at the Board meeting or in timely submitted written
correspondence delivered to the
Water Board. A petition must be received by the State
Board within 30 days of the Water Board meeting at which
action was taken. Copies of the law and regulations
applicable to filing petitions for review will be provided
upon request. See Title 23 of the California Code of
Regulations, sections 2050 - 2068.
Contributions to Board Members - All persons who actively
support or oppose the adoption of waste discharge requirements
or an NPDES permit before the Water Board must submit
a statement to the Board disclosing any contribution
of $250 or more to be used in a State, federal, or local
election, made by the action supporter or opponent or
his or her agent, to any Board member within the past
12 months.
All permit applicants and all
persons who actively support or oppose adoption of waste
discharge requirements or an NPDES permit pending before
the Water Board are prohibited from making a contribution
of $250 or more to any Board member for 3 months following
a Board decision on a permit application.
Water Quality Certification - To obtain information
regarding pending Section 401 Certification applications,
call 622-2300.
CALIFORNIA REGIONAL WATER QUALITY CONTROL
BOARD - San Francisco Bay Region
1515 Clay Street, Suite
1400, Oakland, CA 94612 (510) 622-2300 Fax (510) 622-2460
Internet Address: https://www.waterboards.ca.gov/sanfranciscobay
Water Board Members
|
Name
|
City of Residence
|
Appointment Category
|
|
Clifford Waldeck, Chair
|
Mill Valley
|
Municipal Government
|
|
Mary C. Warren, Vice Chair
|
Oakland
|
County Government
|
|
Kristen Dowd Addicks
|
Stinson Beach
|
Recreation, Fish or Wildlife
|
|
Doreen Chiu
|
Union City
|
Industrial Water Use
|
|
Josephine De Luca
|
Redwood City
|
Undesignated (Public)
|
|
Shalom Eliahu
|
Lafayette
|
Water Supply
|
|
William J. Schumacher
|
San Francisco
|
Water Quality
|
|
John Muller
|
Half Moon Bay
|
Irrigated Agriculture
|
|
John H. Reininga
|
San Francisco
|
Water Quality
|
Water Board Staff
|
Executive Officer
|
Assistant Executive Officers
|
Counsel to the Board
|
|
Bruce H. Wolfe
|
Lawrence P. Kolb
|
Yuri Won
|
|
|
Stephen I. Morse
|
Dorothy Dickey
|
|
Executive Assistant
|
|
|
|
Mary E. Tryon
|
|
|
|
North Bay Watershed Management
Division
|
Groundwater Protection/Waste
Containment Division
|
Toxics Cleanup Division
|
|
Wilfried Bruhns, Acting Chief
|
Curtis T. Scott, Chief
|
Stephen A. Hill, Chief
|
|
Susan F. Gladstone, Section
Leader
|
Terry Seward, Section Leader
|
John D. Wolfenden, Section
Leader
|
|
William B. Hurley, Section
Leader
|
John E. Kaiser, Section Leader
|
Anders G. Lundgren, Section
Leader
|
|
South Bay Watershed Management
Division
|
|
Chuck Headlee, Section Leader
|
|
Shin-Roei Lee, Chief
|
|
|
|
Keith Lichten, Acting Section
Leader
|
|
|
|
Dale C. Bowyer, Section Leader
|
|
|
|
Marcia Brockbank, Project
Manager
|
|
|
|
Permits Division
|
Planning and TMDL Division
|
Management Services Division
|
|
Lila Tang, Acting Chief
|
Thomas Mumley, Chief
|
Olivia Hampton-Rice, Chief
|
|
Greg H. Walker, Section Leader
|
Steve Moore, Section Leader
|
|
|
Ann Powell, Acting Section
Leader
|
Dyan Whyte, Acting Section
Leader
|
|
|
Gina Kathuria, Section Leader
|
|
|
The primary responsibility of the Water
Board is to protect and enhance the quality of regional
surface water and groundwater for beneficial uses. This
duty is carried out by formulating, adopting, and implementing
water quality plans for specific water bodies, by prescribing
and enforcing requirements on waste dischargers, and
by requiring cleanup of water contamination and pollution.
Specific responsibilities and procedures of the Board
are outlined in the Porter-Cologne Water Quality Control
Act.
Meetings of the Water Board normally
are held on the third Wednesday of each month in the
Elihu M. Harris State Office Building, First Floor Auditorium,
1515 Clay Street, Oakland. They are scheduled to begin
at 9:00 a.m.
The purpose of the meetings is to provide
the Board with an opportunity to receive testimony and
information from concerned and affected parties and
to make decisions after considering the evidence presented.
A public forum is held at the beginning of each general
meeting where persons may speak on matters within the
Board's jurisdiction that are not specific agenda items.
The Board welcomes information on pertinent problems,
but comments at the meeting should be brief and directed
to specifics of the case to enable the Board to take
appropriate action. Written testimony must be received
prior to the Board meeting by the date indicated by
staff. Verbal comments made at the Board meeting should
only summarize the written material.
Tape recordings are made of each
Board meeting and these tapes are retained in the Board's
office for two years. Anyone desiring copies of these
tapes may, at their own expense, arrange to have duplicate
tapes made by contacting the Executive Assistant at
(510) 622-2399. A copy of the written transcript may
be obtained by calling California Shorthand Reporting
at (415) 457-4417.
CALIFORNIA REGIONAL
WATER QUALITY CONTROL BOARD
San Francisco Bay Region
Summary of Board Actions
Taken at the Regular Meeting
June 16, 2004
Enforcement Action
Mandatory Minimum Penalty
Complaint Number R2-2003-0101 Mandatory
Minimum Penalty for Monsanto Company, Vishay General
Semiconductor, Inc., SmithKlineBeecham Corporation dba
GlaxoSmithKline, and Gould Electronics, Inc., 3400 Hillview
Avenue, Palo Alto, Santa Clara County in the amount
of $6,000
NPDES Permit
Adopted Order No. R2-2004-0042
Reissuance of NPDES Permit No. CA0006165 for Rhodia,
Inc., Martinez Plant, Martinez, Contra Costa County
Waste Discharge Requirements
Adopted Order No. R2-2004-0043 Issuance
of Waste Discharge Requirements for California Department
of Parks and Recreation, Angel Island Sate Park, Tiburon,
Marin County
Waste Discharge Requirements/Water
Quality Certification
Adopted Order No. R2-2004-0044 Issuance
of Waste Discharge Requirements and Water Quality Certification
for California Department of Transportation, Devil’s
Slide Tunnel Project, County of San Mateo
Adopted Order No. R2-2004-0049 Issuance
of Waste Discharge Requirements and Water Quality Certification
for Orinda Gateway LLC, Montanera Project, Orinda, Contra
Costa County
Site Cleanup Requirements
Adopted Order No. R2-2004-0045 Adoption
of Site Cleanup Requirements for City of Richmond, for
the property located at Terminal One, 1500 Dornan Drive,
Richmond, Contra Costa County
Adopted Order No. R2-2004-0046 Adoption
of Final Site Cleanup Requirements for Signature at
the Estuary, LLC, and Friends of the California Men’s
Crew, a California Non-Profit Corporation, for the properties
located at 2901 and 2909 Glascock Street and 303 and
315 Derby Avenue, Oakland, Alameda County
Adopted Order No. R2-2004-0047 Rescission
of Site Cleanup Requirements for Wachovia Real Estate
Fund, Wachovia Bank of North Carolina, N.A., Bank of
New York Trust Company of California, and Orton Development,
Inc., for the property located at 26545-63 Corporate
Avenue, Hayward, Alameda County
Adopted Order No. R2-2004-0048 Rescission
of Site Cleanup Requirements for F.J. Federighi Trust
B, Douglas T. Federighi, Michael H. Federighi, Eden
Development Company, Estate of John B. Beckett, Thomas
J. Beckett, Pamela Beckett Scott, John R. Beckett, Sharon
Louise Bowman (deceased and represented by Bruce R.
Bowman), Richard W. Sullivan, Carolyn Riding, Beverly
J. Riding, Nancy Riding Rice, and Susan Kahn, for the
property located at 14883 East 14th Street, San Leandro,
Alameda County
Planning
Held Public Hearing Hearing to Receive
Testimony on Proposed Amendment to the Water Quality
Control Plan (Basin Plan) for San Francisco Bay Region
to Establish San Francisco Bay Mercury Total Maximum
Daily Load (TMDL) and Implementation Plan
Information Item
Information Only Case Closure Status
Report on LUST Cleanup Program
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