Note: Copies of the orders, decisions, and resolutions mentioned in these minutes can be obtained from 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, October 22, 1998 , at 9:03 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

William Attwater, Maureen Marché, Ed Anton, James Giannopoulos, Rick Rempel, Dennis Parfitt and Kathie Keber.

OTHERS PRESENT

Ted Cobb, Office of Chief Counsel, representing Santa Ana Regional Board.

PUBLIC FORUM

No one addressed the Board.

MINUTES

The minutes of the May 27, June 18, July 8, July 23, August 26, September 2 and September 17, 1998 Board Meetings were unanimously approve by the Board.

UNCONTESTED ITEMS

Items 1 - 5 were unanimously approved by the Board, as recommended by staff.

CLEAN WATER PROGRAMS

1. Consideration of Approval of a State Revolving Fund Loan for Victor Valley Wastewater Reclamation Authority for Treatment Plant Upgrade Project No. C-06-4573-110.

Motion: The Board unanimously adopted the resolution approving the $7.2 million loan.

Resolution 98-100

2. Consideration of Approval of a State Revolving Fund Loan for the City of Patterson Wastewater Treatment Facilities Expansion, Project No. C-06-4508-110.

Motion: The Board unanimously adopted the resolution approving the $3.7 million loan.

Resolution 98-101

3. Consideration of Proposed Resolution Amending the Underground Storage Tank Cleanup Fund Priority List Amendment No. 57.

Motion: The Board unanimously adopted the resolution approving the amendments.

Resolution 98-102

WATER QUALITY

4. Consideration of a Proposed Resolution Authorizing the Executive Director to Amend a Sole Source Contract with Scientific Applications International Corporation (SAIC) to Complete the Economic Analyses for the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California, and for the California Ocean Plan in Fiscal Year 1998-99.

Motion: The Board unanimously adopted the resolution approving the resolution authorizing the Executive Director to amend the contract. Resolution 98-103

WATER RIGHTS

5. Proposed Resolution Authorizing the Execution of a New Five-Year Reimbursement Contract Between the State Water Resources Control Board and the U.S. Bureau of Reclamation for Furnishing Water Right Services.

Motion: The Board unanimously adopted the resolution approving the execution of contract services. Resolution 98-104

CLEAN WATER PETITIONS

6. In the Matter of the Petition of Texaco Refining and Marketing, Inc. for Review of Denial of a Petroleum Underground Storage Tank Site Closure at 51890 Harrison Street, Coachella, California.

James Giannopoulos, Division of Clean Water Programs, presented the item noting a correction to page 11 of the draft order: first full paragraph, first sentence, change "May 1998" to November 1997". Mr. Giannopoulos recommended adoption of the draft order requiring the site to be closed.

Motion: By roll call vote the Board approved the order as revised by a vote of 4 to 1.

Order WQ 98-08-UST

Roll Call: John Caffrey Yes

James M. Stubchaer Yes

Marc Del Piero No

Mary Jane Forster Yes

John W. Brown Yes

7. In the Matter of the Petition of Waddell Brothers Trust for Review of Denial of a Petroleum Underground Storage Tank Site Closure at 905 Calimesa Boulevard, Calimesa, California.

James Giannopoulos, Division of Clean Water Programs, presented the item, noting the receipt of an October 16, 1998 memo from the Santa Ana Regional Board opposing adoption of the proposed order. Rick Rempel, Dennis Parfitt and Ed Anton (Division of Clean Water Programs) responded to questions from the Board.

Ted Cobb, Office of the Chief Counsel, representing the Santa Ana Regional Board, addressed the Board regarding the Regional Board's concern with closure of the site at this time.

Following discussion by the Board, the Chairman requested a brief consultation with the Chief Counsel. Following the consultation, the Chairman requested the Chief Counsel to advise the Board on an action to deny the petition with direction. Mr. Attwater responded that an order could be prepared that basically denies closure, directs staff to use best efforts in working with the local agency to secure a reasonable amount of remediation, and for the staff not bring this matter back to the Board until they are reasonably sure MTBE is not going to contaminate the well. The Board could act on this today and the staff would then prepare the order for denial with conditions.

Motion: To adopt an order as discussed by Mr. Attwater.

Vice Chair Stubchaer asked that the phrase "with all deliberate speed" be added. The Board agreed.

By roll call vote the Board approved the motion with the revision requested by Vice Chair Stubchaer. Order WQ 98-09-UST

Roll Call: Marc Del Piero Yes

Mary Jane Forster Yes

John W. Brown Yes

James M. Stubchaer Abstain

John Caffrey Yes

ADJOURNMENT

The Chairman adjourned the meeting at 10:07 a.m.