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Agenda August 2006

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

August 9, 2006
Approximate Time1 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 12, 2006 Board Meeting


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


5. Consideration of Uncontested Item Calendar

*A. Resolution Requesting the State Water Board Join with Bay Area Clean Water Agencies in Establishing a Joint Powers Authority for the Purpose of Providing Scientific Support to State and Regional Agencies and Municipalities [Dyan Whyte 622-2441]

Adopted Order R2-2006-0051
Staff Summary Report


6. Cargill Incorporated, 7220 Central Avenue, Newark, Alameda County - Hearing to Consider Imposition of Administrative Civil Liability for Discharge of Bittern in Violation of the State Water Resources Control Board's Permit for Storm Water Discharges Associated with Industrial Activities, Water Quality Order No. 97-03-DWQ, NPDES No. CAS000001 [Vic Pal 622-2403]

Adopted Order R2-2006-0011
Staff Summary Report
Signed Waiver


7. Proposed Amendment to the Water Quality Control Plan (Basin Plan) for the San Francisco Bay Region to Establish New Water Quality Objectives and a Revised Total Maximum Daily Load and Implementation Plan for Mercury in San Francisco Bay - Hearing to Consider Adoption of Proposed Basin Plan Amendment [Carrie Austin 622-1015]

Adopted Order R2-2006-0052
Staff Summary Report
Appendix B: Proposed Basin Plan Amendment showing changes
Appendix C: Staff Report with Appendices
Appendix D: Response to Comments
Appendix E: Written Comments
Appendix F: Transcript of June 14, 2006 Water Board Hearing

*Please note that Appendix A to the Staff Report is the same as Appendix B in the list above. For downloading convenience, we have posted the Staff Report and its appendices separately:
Staff Report Only
Staff Report Appendix A (see Appendix B, above)
Staff Report Appendix B: Environmental Checklist
Staff Report Appendix C: State Water Resources Control Board Remand Order, Resolution 2005-0060


8. East Bay Dischargers Authority (EBDA), EBDA Common Outfall, San Leandro; City of Hayward, Hayward Water Pollution Control Facility, Hayward; City of San Leandro, San Leandro Water Pollution Control Plant, San Leandro; Oro Loma Sanitary District and Castro Valley Sanitary District, Water Pollution Control Plant, San Lorenzo; Union Sanitary District, Raymond A. Boege Alvarado Wastewater Treatment Plant, Union City; Livermore-Amador Valley Water Management Agency; Alameda County - Reissuance of NPDES Permit [Tong Yin 622-2418]

Adopted Order R2-2006-0053
Staff Summary Report
Response to Comments
EBDA Formal Comments
USEPA Comments
Zone 7 Water Agency Comments
BACWA Comments
Baykeeper Comments
Appendix F-1 Effluent Data
Appendix F-1 Effluent Data for Priority Pollutants (xls)
Appendix F-2 (xls)
Appendix F-4 Coliform Receiving Water Data


9. Dublin San Ramon Services District (DSRSD), DSRSD Wastewater Treatment Plant, Pleasanton; Livermore-Amador Valley Water Management Agency; East Bay Dischargers Authority (EBDA), EBDA Common Outfall, San Leandro; Alameda County - Reissuance of NPDES Permit [Lila Tang 622-2425]

Adopted Order R2-2006-0054
Staff Summary Report
Response to Comments
DSRSD Comment Letter
US EPA Comment
Zone 7 Water Agency Comment
BACWA Comments
Baykeeper Comments
Appendix F-1 DSRSD Effluent Data
Appendix F-1 DSRSD Effluent Data for Priority Pollutants
Appendix F-2 (xls)
Appendix F-4 Coliform Receiving Wate Data


10. City of Livermore, City of Livermore Water Reclamation Plant, Livermore; Livermore-Amador Valley Water Management Agency; East Bay Dischargers Authority (EBDA), EBDA Common Outfall, San Leandro; Alameda County - Reissuance of NPDES Permit [Lila Tang 622-2425]

Adopted Order R2-2006-0055
Staff Summary Report
Livermore Comments
Response to Written Comments
Zone 7 Water Agency Comments
BACWA Comments
Baykeeper Comments
US EPA Coment
Appendix F-1 Livermore Effluent Data
Appendix F-1 Livermore Effluent Data for Priority Pollutants (xls)
Appendix F-2 (xls)
Appendix F-4 (Coliform Receiving Water Data


11. Vallejo Sanitation and Flood Control District, Wastewater Treatment Plant, Vallejo, Solano County - Reissuance of NPDES Permit [Gayleen Perreira 622-2407]

Adopted Order R2-2006-0056
Staff Summary Report
Response to Written Comments
EPA-Vallejo Comments
Baykeeper Comments
VSFCD Comments


12. City of Calistoga, Dunaweal Wastewater Treatment Plant, Calistoga, Napa County - Reissuance of NPDES Permit [Tong Yin 622-2418]

Motion Defeated
Staff Summary Report
Tentative Order
Fact Sheet Attachments 1-10 (zip)
Calistoga Comment
Baykeeper Comment
Response to Written Comments
US EPA Comment


13. Correspondence


14. Closed Session - Personnel
11:30 - 12:30 p.m. The Board may meet in closed session to discuss personnel matters. [Authority: Government Code Section 11126(a)].


15. Closed Session - Litigation
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)].


16. Closed Session - Deliberation
The Board may meet in closed session to consider evidence received in an adjudicatory hearing and deliberate on a decision to be reached based on that evidence [Authority: Government Code Section 11126(c)(3)].


17. Adjournment to the next Board meeting - September 13, 2006



[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
John Muller, Chair
Half Moon Bay
Irrigated Agriculture
Mary C. Warren, Vice Chair
Dublin
County Government
Margaret Bruce
Boulder Creek
Water Quality
Josephine De Luca
Redwood City
Undesignated (Public)
Shalom Eliahu
Lafayette
Water Supply
Clifford Waldeck
Mill Valley
Municipal Government
Vacancy
Industrial Water Use
Vacancy
Water Quality
Vacancy
Recreation, Fish or Wildlife

 

Water Board Staff

Executive Officer
Assistant Executive Officers
Counsel to the Board
Bruce H. Wolfe
Vacant
Yuri Won
Dorothy Dickey
Executive Assistant
Communications Coordinator
Mary E. Tryon
Sandia Potter
North Bay Watershed Management Division
Groundwater Protection/Waste Containment Division
Toxics Cleanup Division
Wilfried Bruhns, 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
Gina Kathuria, Section Leader
Chuck Headlee, Section Leader
Shin-Roei Lee, Chief
Dale C. Bowyer, Section Leader
   
Keith Lichten, Section Leader
   
Marcia Brockbank, Project Manager
Permits Division
Planning and TMDL Division
Management Services Division
Lila Tang, Chief
Thomas Mumley, Chief
Aleathia Gary, Acting Chief
Bill Johnson, Section Leader
Naomi Feger, Acting Section Leader
Robert Schlipf, Acting Section Leader
Dyan Whyte, Section Leader
Christine Boschen, 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 second 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 House of Scribes at (209) 478-8017.

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
San Francisco Bay Region


Summary of Board Actions Taken at the Regular Meeting
July 12, 2006


NPDES Permits Adopted Order No. R2-2006-0045 Amendment of NPDES Permit for Fairfield-Suisun Sewer District, Wastewater Treatment Plant, Fairfield, Solano County Adopted Order No. R2-2006-0049 Issuance of NPDES Permit for California Department of Transportation, Devil's Slide Tunnel Project, State Route 1, San Mateo County Adopted Order No. R2-2006-0050 Amendment of NPDES Municipal Stormwater Permit to Adopt Hydrograph Modification Management Standard for Contra Costa Clean Water Program, Contra Costa County Site Cleanup Requirements Adopted Order No. R2-2006-0046 Rescission of Site Cleanup Requirements for BW/IP International, Inc., for the property located at 1132 North Seventh Street, San Jose, Santa Clara County Adopted Order No. R2-2006-0047 Rescission of Site Cleanup Requirements for Hexcel Corporation, Donald and Suzanne Smith, and F&P Properties, for the property located at 75 North Mines Road (formerly 10 Trevarno Road) and Contractor's Street, Livermore, Alameda County Adopted Order No. R2-2006-0048 Rescission of Site Cleanup Requirements for
Sherwin-Williams Company, for the property located at 1450 Sherwin Avenue, Emeryville, Alameda County Other Business Information Only Status Report on Site Cleanup Program




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