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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: http://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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