STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING MINUTES

September 17, 1998

Note: Copies of the orders, decisions, and resolutions mentioned in these minutes can be obtained from the SWRCB Web Site Resolutions/Orders/Decisions Page or Maureen Marché, State Water Resources Control Board, Post Office Box 100, Sacramento, California, 95812-0100; or call (916) 657-0990.

CALL TO ORDER

The meeting was called to order by John Caffrey, Chairman, September 17, 1998, at 9:04 a.m., in the First-Floor Hearing Room, 901 "P" Street, Sacramento, California

BOARD MEMBERS PRESENT

John Caffrey, James M. Stubchaer, Marc Del Piero, Mary Jane Forster and John W. Brown.

BOARD MEMBERS ABSENT

None.

STAFF PRESENT

Walt Pettit, Dale Claypoole, William R. Attwater, Maureen Marché, Molly Mosley, James Giannopoulos, Jennifer White, Betsy Jennings, Bruce Fujimoto, Dana Differding.

OTHERS PRESENT

Nicole Capretz, Environmental Health Coalition; Richard Sackett, attorney; Bruce Posthumus, San Diego Regional Board; Mary Walker, Attorney; Michael McCaughlin, representing J. E. Tveten Corp.; Harold Singer, Lahontan Regional Board; Patrick Gallagher, representing Bruce DeMenno; Assemblyman Bryan Richter.

PUBLIC FORUM

No one addressed the Board.

UNCONTESTED ITEMS

Items 1-10 were adopted by the Board as recommended by staff.

CLEAN WATER PROGRAMS PETITIONS

1. In the Matter of the Petition of Cupertino Electric, Inc. for Review of a Final Decision by the Division of Clean Water Programs Regarding Participation in the Underground Storage Tank Cleanup Fund. SWRCB/OCC File UST-106.

Motion: The Board unanimously adopted the proposed order denying the petition. Order WQ 98-05-UST

CLEAN WATER PROGRAMS

2. Consideration of Approval of Extension of Preliminary State Revolving Fund Loan Commitment for Wastewater Treatment Plant Facilities Improvement Project, City of Auburn, SRF Loan Project No. C-06-4471-110.

Motion: The Board unanimously adopted the resolution extending the time. Resolution 98-091

3. Consideration of Approval of a State Revolving Fund Loan for the Moulton Niguel Water District, Phase 4, Expansion of Water Reclamation Distribution System and Retroactive Funding, Project No. C-06-4150-120.

Motion: The Board unanimously approved the $17.12 million loan. Resolution 98-092

4. Consideration of a Request to Contract for $400,000 with Lawrence Livermore National Laboratory (LLNL) Investigate and Recommend a Cost Effective Approach to Identify, Quantify, and Manage Risks to Public Water Supply Systems from Fuel Releases in the Form of a Geographic information System.

Motion: The Board unanimously adopted the contract resolution. Resolution 98-093

5. Consideration of A Request from the North Coast Regional Water Quality Control Board (NCRWQCB) for $250,000 from the State Water Pollution Cleanup and Abatement Account to Fund Water Supply Hookups in the McMinn Area of Santa Rosa, Sonoma County.

Motion: The Board unanimously approved the $250,000 from the account. Resolution 98-094

6. Consideration of Proposed Resolution Amending the Underground Storage Tank (UST) Cleanup Fund Priority List Amendment No. 56.

Motion: The Board unanimously approved the amendments. Resolution 98-095

WATER QUALITY

7. Consideration of a Resolution Authorizing the Executive Director to Accept a Federal Clean Water Act Section 319(h) Grant, Approving the Project Priority List, and Authorizing Execution and Amendment of Contracts to Implement the Projects.

Motion: The Board unanimously adopted the approved priority list. Resolution 98-096

8. Consideration of Approval of the Clean Water Act Sections 205(j) Phase XIII Water Quality Management Planning Project Priority List.

Motion: The Board unanimously adopted the approved priority list. Resolution 98-097

9. Consideration of a Resolution Authorizing the Executive Director to Accept Two CalFed Bay-Delta Program, Proposition 204 Funded Contracts to Support Toxicity Studies in the Sacramento River Watershed and the Delta.

Motion: The Board unanimously adopted the proposed resolution. Resolution 98-098

WATER RIGHTS

10. Consideration of a Proposed Order Authorizing the Department of Water Resources and the U.S. Bureau of Reclamation to Vary Flows for Meeting Fish and Wildlife Salinity Objectives in the Suisun Marsh, for the Purpose of Conducting Tests or Experiments. The Change in Flow Would Occur at the Suisun Marsh Salinity Control Gates.

Motion: The Board unanimously adopted the proposed order. Order WR 98-06

EMERGENCY ITEM

Consideration of a Request From the Lahontan Regional Water Quality Control Board for Use of Emergency, Abandoned, Recalcitrant Account Funds Up to $200,000 to Continue to Clean Up Petroleum Contamination From the Leaking Underground Tanks Located at 3208 Highway 50 in Meyers, El Dorado County.

Jennifer White, Division of Clean Water Programs, presented the item recommending approval of the regional board request.

Assemblyman Richter, Harold Singer and Michael McCaughlin addressed the Board.

Motion: The Board unanimously approved the request. Resolution 98-099

CLEAN WATER PROGRAM PETITION

11. Proposed Order on Petition of Mr. Bruce DeMenno for Review of a Final Decision by the Division of Clean Water Programs Regarding Participation in the Underground Storage Tank Cleanup Fund. SWRCB/OCC File UST-109.

Molly Mosley, on behalf of the Office of Chief Counsel, presented the item recommending approval of the proposed order affirming the Division Decision disqualifying and barring the petitioner from participation in the Fund.

Assemblyman Richter and Dana Differding addressed the Board. Mr. Gallagher addressed the Board and submitted a settlement offer on behalf of Mr. DeMenno.

Motion: By roll call vote the Board unanimously adopted the proposed order. Order WQ 98-06-UST

Roll Call: Marc Del Piero Yes

James M. Stubchaer Yes

John W. Brown Yes

Mary Jane Forster Yes

John Caffrey Yes

WATER QUALITY PETITION

12. In the Matter of the Petitions of National Steel & Shipbuilding Company and Continental Maritime of San Diego, Inc., for Review of Waste Discharge Requirements Orders 97-36 and 97-37, Issued by the California Regional Water Quality Control Board, San Diego Bay Region. SWRCB/OCC Files A-1119 and 1120.

Betsy Jennings, Office of Chief Counsel, presented the item recommending approval of the proposed order upholding the permits adopted by the San Diego Regional Board except for revising provisions on chronic toxicity.

Bruce Fujimoto, Division of Water Quality, responded to questions regarding what kind of industrial discharges are involved and numeric limits on processed water.

R. Sackett, M. Walker, and N. Capretz, addressed the Board. Bruce Posthumus responded to questions from the Board.

Following discussion by the Board, a motion was made to adopt the proposed order with revisions.

Motion: By roll call vote the Board unanimously adopted the proposed order. Order WQ 98-07

Roll Call: James M. Stubchaer

Marc Del Piero

Mary Jane Forster

John W. Brown

John Caffrey

ADJOURNMENT

The Chairman adjourned the meeting at 12:00 pm.