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Agenda March 2007

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

March 13, 2007
Approximate Time1 1:00 p.m.


1. Roll Call


2. Closed Session - Personnel - The Board will meet to conduct the annual performance review of the Executive Officer. [Authority: Government Code Section 11126(a)].


3. Budget, Staffing, Workplans and Board Operations - The Board will discuss state budget, staffing, work plans, and board operations for fiscal years 2006-07 and 2007-08. No Board action or voting will take place.

Staff Summary Report


Wednesday, March 14, 2007


4. Roll Call and Introductions


5. 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.


6. Minutes of the January 23, 2007 Board Meeting


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


8. Consideration of Uncontested Item Calendar

*A. U.S. Army Corps of Engineers, San Francisco Bay Maintenance Dredging Program, 2007 through 2009 - Updated Waste Discharge Requirements and Rescission of Order No. R2-2003-0111 [Elizabeth Christian 622-2335]

Adopted Order No. R2-2007-0020
Staff Summary Report


*B. Waste Management of California, Inc. - Kirby Canyon Recycling and Disposal Facility, San Jose, Santa Clara County - Updated Waste Discharge Requirements and Rescission of Order Nos. 85-47, 93-055, 94-011, and 97-099 [Alec Naugle 622-2510]

Adopted Order No. R2-2007-0021
Staff Summary Report


*C. Ford Aerospace Corporation, Space Systems/Loral, Inc., and Far Western Land and Investment, Inc., for the property located at 3963 and 3977 Fabian Way, Palo Alto, Santa Clara County - Adoption of Final Site Cleanup Requirements [Michelle Rembaum-Fox 622-2387]

Adopted Order No. R2-2007-0022
Staff Summary Report, Tentative Order, Correspondence, Location Map


*D. Taube-Koret Campus for Jewish Life, for the property located at 901 San Antonio Road, Palo Alto, Santa Clara County - Adoption of Site Cleanup Requirements [Michelle Rembaum-Fox 622-2387]

Adopted Order No. R2-2007-0023
Staff Summary Report, Tentative Order, Correspondence, Location Map


9. City of Pinole, Pinole-Hercules Water Pollution Control Plant and Its Collection System, Pinole, Contra Costa County - Reissuance of NPDES Permit [Robert Schlipf 622-2478]

Adopted Order No. R2-2007-0024
Staff Summary Report
Attachment C
Response to Comments


10. Alameda Countywide Clean Water Program, Alameda County - Amendment of NPDES Municipal Stormwater Permit to Adopt Hydrograph Modification Management Standard [Janet O'Hara 622-5681]

Adopted Order No. R2-2007-0025
Supplemental
Staff Summary Report
Response to Comments
Joint Fact Sheet


11. Fairfield-Suisun Urban Runoff Management Program, Solano County - Amendment of NPDES Municipal Stormwater Permit to Adopt Hydrograph Modification Management Standard [Janet O'Hara 622-5681]

Adopted Order No. R2-2007-0026
Supplemental
Staff Summary Report
Response to Comments
Joint Fact Sheet


12. San Mateo Countywide Water Pollution Prevention Program, San Mateo County - Amendment of NPDES Municipal Stormwater Permit to Adopt Hydrograph Modification Management Standard [Janet O'Hara 622-5681]

Adopted Order No. R2-2007-0027
Supplemental
Staff Summary Report
Response to Comments
Joint Fact Sheet


13. Status Report on Municipal Regional Stormwater Permit - Status Report [Dale Bowyer 622-2323 and Shin-Roei Lee 622-2376]

Staff Summary Report
Save the Bay Technical Memo
BASMAA MRP Presentation
Friends of Five Creeks Memo
Supplemental #1
Supplemental #2 Staff Summary Report
Oakland Tribune Article
Contra Costa Times Article
Clean Water Action Correspondence


14. Correspondence


15. 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)].


16. 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)].


17. 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)].


18. Adjournment to the next Board meeting - April 11, 2007



[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 are available one week before the meeting at www.waterboards.ca.gov/sanfranciscobay/. Copies of agenda items may be obtained at the Board's office after 9 a.m. on the Thursday preceding the Board meeting from the staff member indicated on the agenda.

Conduct of Board Meetings - Items may not be considered in numerical 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 the 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)] 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
Shalom Eliahu
Lafayette
Water Supply
William E. Peacock
Portola Valley
Undesignated (Public)
Clifford Waldeck
Mill Valley
Municipal Government
Terry Young
Oakland
Recreation, Fish or Wildlife
Vacancy
Industrial Water Use
Vacancy
Water Quality
Water Board Staff
Executive Officer
Assistant Executive Officers
Counsel to the Board
Bruce H. Wolfe
Vacant
Dorothy Dickey
Yuri Won
Executive Assistant
Management Services Division
Communications Coordinator
Mary E. Tryon
Anna Torres, Chief
Sandia Potter
North Bay Watershed Management Division
South Bay Watershed Management Division
Groundwater Protection/Waste Containment Division
Wilfried Bruhns, Chief
Shin-Roei Lee, Chief
Curtis T. Scott, Chief
Susan Gladstone, Section Leader
Dale C. Bowyer, Section Leader
Terry Seward, Section Leader
William Hurley, Section Leader
Keith Lichten, Section Leader
John E. Kaiser, Section Leader
Marcia Brockbank, Project Manager
Gina Kathuria, Section Leader
Permits Division
Toxics Cleanup Division
Planning and TMDL Division
Lila Tang, Chief
Stephen Hill, Chief
Thomas Mumley, Chief
Bill Johnson, Section Leader
John D. Wolfenden, Section Leader
Naomi Feger, Section Leader
Robert Schlipf, Acting Section Leader
Anders G. Lundgren, Section Leader
Dyan Whyte, Section Leader
Christine Boschen, Section Leader
Chuck Headlee, Section Leader
Mary Rose Cassa, 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 January 23, 2007

Enforcement Action Mandatory Minimum Penalties Complaint No. R2-2006-0072 Mandatory Minimum Penalty for City of Benicia Wastewater Treatment Plant, Benicia, Solano County in the amount of $6,000. $6,000 may be used for a supplemental environmental project. Complaint No. R2-2006-0080 Mandatory Minimum Penalty for City of American Canyon, Wastewater Treatment Plant, American Canyon, Napa County in the amount of $66,000. Up to $40,500 may be used for a supplemental environmental project. NPDES Permits Adopted Order No. R2-2007-0002 Rescission of NPDES Permit for International Business Machines Corporation, for the property located at 5600 Cottle Road, San Jose, Santa Clara County Adopted Order No. R2-2007-0003 Reissuance of NPDES Permit for Sewage Authority Mid-Coastside, Wastewater Treatment Plant and Intertie Pipeline System, Half Moon Bay, San Mateo County Adopted Order No. R2-2007-0006 Reissuance of NPDES Permit for South Bayside System Authority, Wastewater Treatment Plant and Its Conveyance System, Redwood City, San Mateo County Adopted Order No. R2-2007-0007 Reissuance of NPDES Permit for Central Marin Sanitation Agency, Wastewater Treatment Plant and Its Force Main, San Rafael, Marin County Adopted Order No. R2-2007-0008 Reissuance of NPDES Permit for Central Contra Costa Sanitary District, Wastewater Treatment Plant and Its Sewage Collection System, Martinez, Contra Costa County

Site Cleanup Requirements
Adopted Order No. R2-2007-0004 Amendment of Site Cleanup Requirements for International Business Machines Corporation, for the property located at 5600 Cottle Road, San Jose, Santa Clara County Adopted Order No. R2-2007-0005 Adoption of Final Site Cleanup Requirements for Honeywell International Inc., for the property located at 8333 Enterprise Drive, Newark, Alameda County Adopted Order No. R2-2007-0009 Adoption of Final Site Cleanup Requirements for 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

Planning Adopted Resolution No. R2-2007-0010 Adopted Resolution Amending the Water Quality Control Plan (Basin Plan) for the San Francisco Bay Region to Establish New Water Quality Objectives and a Total Maximum Daily Load (TMDL) and Implementation Plan for Mercury in the Walker Creek Watershed Adopted Resolution No. R2-2007-0011 Adopted Resolution Amending the Water Quality Control Plan (Basin Plan) for the San Francisco Bay Region to Establish a Total Maximum Daily Load (TMDL) for Sediment in the Napa River, and an Implementation Plan to Achieve the TMDL and Related Habitat Enhancement Goals

Information Item Information Only Status Report on Leaking Underground Fuel Tank Cleanup Program



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