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Agenda September 2004

California Regional Water Quality Control Board
San Francisco Bay Region
Internet Address: https://www.waterboards.ca.gov/sanfranciscobay
1515 Clay Street, Suite 1400, Oakland, California 94612
Phone (510) 622-2300 FAX (510) 622-2460

AGENDA


September 15, 2004
9:00 a.m.
Elihu M. Harris Building
First Floor Auditorium
1515 Clay Street
Oakland, CA 94612


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 July 21, 2004 Board Meeting

4. Chairman's, Board Members', and Executive Officer's Reports

5. Consideration of Uncontested Items Calendar (See Notes attached)

NPDES Permits
*A. Doug Hayes, dba The California Abalone Company, Pillar Point Harbor, Half Moon Bay, San Mateo County - Reissuance of NPDES Permit [Linda Rao 622-2445]

Adopted Order no. R2-2004-0078
Attachments (zip)

*B. East Brother Light Station, Inc., Richmond, Contra Costa County - Issuance of New NPDES Permit [Robert Schlipf 622-2478]

Adopted Order no. R2-2004-0079
Attachments (zip)

Waste Discharge Requirements
*C. Keller Canyon Landfill Company, Class II Solid Waste Disposal Site, Pittsburg, Contra Costa County - Amendment of Waste Discharge Requirements [Alan Friedman 622-2347]

Adopted Order no. R2-2004-0080

Site Cleanup Requirements
*D. Union Pacific Railroad Company, Daniel C. and Mary Lou Helix, Elizabeth Young, John V. Hook, Nancy Ellicock, Steven Pucell, and Contra Costa County Redevelopment Agency, for the property referred to as Hookston Station and located at 228 Hookston Road, Pleasant Hill, Contra Costa County - Amendment of Site Cleanup Requirements [George Leyva 622-2379]

Adopted Order no. R2-2004-0081
Staff Summary Report


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 Untreated Wastewater to Waters of the State [Greg Walker 622-2437]

Adopted Order no. R2-2004-0007
Staff Summary Report

Mandatory Minimum Penalties
7. City of Burlingame, Wastewater Treatment Plant, Burlingame, San Mateo County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Michael Chee 622-2333]

Adopted Order no. R2-2004-0040
Staff Summary Report
MMP

8. City of Petaluma, Water Pollution Control Plant, Petaluma, Sonoma County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Michael Chee 622-2333]

Adopted Order no. R2-2004-0041
Staff Summary Report
MMP

9. West County Agency, West County Wastewater District, and City of Richmond Municipal Sewer District, Richmond, Contra Costa County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Greg Walker 622-2437]

Adopted order no. R2-2004-0050
Staff Summary Report

PLANNING
10. Proposed Amendment to the Water Quality Control Plan (Basin Plan) for the San Francisco Bay Region to Establish San Francisco Bay Mercury Total Maximum Daily Load (TMDL) and Implementation Plan - Hearing to Consider Adoption of Proposed Amendment [Bill Johnson 622-2354 and Richard Looker 622-2451]

Adopted Resolution no. R2-2004-0082
Staff Summary Report
Appendix B Proposed Basin Plan Amendment showing changes since June 2004 (pdf)
Appendix C Staff Report (pdf)
Appendix D - Responses to Comments (pdf)
Appendix E - June 16, 2004 Hearing Transcript (pdf)
Appendix F - Written comments ( pdf)

11. Correspondence

12. Closed Session - Personnel The Board may meet in closed session to discuss personnel matters. [Authority: Government Code Section 11126(a)].

13. Closed Session - Litigation
11:30 - 12:30 p.m. 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)].

14. Adjournment to the next Board meeting - October 20, 2004




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[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/td> 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
Vacancy 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

July 21, 2004


Enforcement Action

Mandatory Minimum Penalty

Complaint Number R2-2003-0103 Mandatory Minimum Penalty for ConocoPhillips San Francisco Refinery, Rodeo, Contra Costa County in the amount of $3,000. $3,000 will be used for a supplemental environmental project.

NPDES Permits

Adopted Order No. R2-2004-0055 Reissuance of NPDES Permit No. CAG 912003 for General Waste Discharge Requirements for Discharge or Reuse of Extracted and Treated Groundwater Resulting from the Cleanup of Groundwater Polluted by Volatile Organic Compounds

Adopted Order No. R2-2004-0059 Second Amendment of Order 99-058, NPDES Municipal Stormwater Permit No. CAS0029912 for Contra Costa Clean Water Program, Contra Costa County

Adopted Order No. R2-2004-0060 Second Amendment of Order 99-059, NPDES Municipal Stormwater Permit CAS0029921 for San Mateo Countywide Stormwater Pollution Prevention Program, San Mateo County

Adopted Order No. R2-2004-0061 Third Amendment of Order 99-058, NPDES Municipal Stormwater Permit No. CAS0029912 for Contra Costa Clean Water Program, Contra Costa County

Adopted Order No. R2-2004-0062 Third Amendment of Order 99-059, NPDES Municipal Stormwater Permit No. CAS0029921 for San Mateo Countywide Stormwater Pollution Prevention Program, San Mateo County

Waste Discharge Requirements

Adopted Order No. R2-2004-0056 Update of Waste Discharge Requirements and Rescission of Order No. 99-083 for Tesoro Refining and Marketing Company, ConocoPhillips Company, Chevron Environmental Services Company, Golden Eagle Refinery, Martinez, Contra Costa County



Waste Discharge Requirements/
Water Quality Certification

Adopted Order No. R2-2004-0057 Update of Waste Discharge Requirements and Water Quality Certification for Regional Maintenance Activities for East Bay Regional Park District, Alameda and Contra Costa Counties

Adopted Order No. R2-2004-0063 Issuance of Waste Discharge Requirements and Water Quality Certification for California Department of Fish and Game, Napa River Salt Marsh Restoration, Lower Ponds Project, Napa and Solano Counties

Site Cleanup Requirements

Adopted Order No. R2-2004-0064 Issuance of Site Cleanup Requirements for Shore Terminals and Wickland Oil Company, for the property located at 90 San Pablo Avenue, Shore Selby Facility, Crockett, Contra Costa County

Water Reuse Requirements

Adopted Order No. R2-2004-0058 Issuance of Water Reuse Requirements for Bolinas Community Public Utility District, Bolinas, Marin County

Information Item

Information Only Case Closure Status Report on LUST Cleanup Program

Item Continued

Administrative Civil Liability 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

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