[CORRECTED] NOTICE OF PUBLIC MEETING
Thursday and Friday, December 14-15, 2006
895 Aerovista Place, Suite 101 San
Luis Obispo, CA 93401
[See Page 8
for location map]
Note:
Corrections were made specifically to Page 1 of the agenda notice
regarding Cease and Desist
Thursday, December 14, 2006, 8:30 a.m.
1. Roll Call [Carol Hewitt 805/549-3503].........................................................Board
Members Present
2. Introductions [Michael Thomas 805/542-4623].........................................Guests
and Staff Present
Enforcement
3. Proposed
Settlement Regarding Los Osos Individual Septic System Dischargers,
(The
Water Board will consider approval of settlements negotiated between Designated
Parties subject to proposed individual enforcement actions and the Water
Board’s Los Osos Prosecution Team; draft settlement agreements would obviate
the need for individual Cease and Desist Orders for settling Designated Parties
provided that Designated Parties agree to certain conditions.)
4. Public Hearing: Los
Osos Individual Septic System Dischargers,
(Hearings on Individual Cease and
Desist Orders for owners and occupants of properties in the Los Osos/Baywood
Park prohibition zone will be conducted pursuant to the Chairman’s Notice of
Hearing, dated September 9, 2006; the Chairman’s Revised Hearing Notice, dated
October 16, 2006; and the Chairman’s Order of Proceedings, dated November 21,
2006. These documents are incorporated herein, and are available on-line at:
http://www.waterboards.ca.gov/centralcoast/water_issues/programs/los_osos/index.shtml
The Order of Proceedings is also attached
here for reference. The Water Board will
consider the evidence adduced for each proposed Cease and Desist Order and may
issue the proposed Cease and Desist Orders as presented, or as modified by the
Water Board following its deliberations; the Water Board also may decide not to
issue individual Cease and Desist Orders.
The Board may meet in closed session to deliberate on a decision
to be reached based upon evidence introduced in a hearing. [Govt.Code Section 11126(c)(3).] This item may need to be continued on Friday,
December 15, 2006, at the Friday session of the Water Board meeting.)
[Matt Thompson 805/549-3159]
5. Public
Forum [This item will be heard after
1:00 p.m.].......................................Board
Direction
Item 4 is a public forum where any person may
address the Board regarding a matter within the Board's jurisdiction that is
not related to an item on this meeting agenda.
Comments will generally be limited to three minutes, unless otherwise
directed by the Chair. Any person
wishing to make a longer presentation should contact the Executive Officer at
least one week prior to the meeting (the Friday before a Friday meeting). Comments regarding matters that are scheduled
for a future meeting will be restricted. Information about restricted ex parte
communications is available on the State Water Board website at: http://www.waterboards.ca.gov/docs/exparte.pdf ]
Adjournment
This
meeting will be continued to Friday, December 15, 2006 at 8:30 a.m. at the
Central Coast Regional Water Board office in
The next
regularly scheduled Board meeting will be held on February 9, 2007, at 8:30
a.m. at the City Council Chambers Rotunda in
CENTRAL COAST
|
Date |
City |
Address |
|
December 14-15, 2006 (Los Osos Hearing) |
|
Central Coast Water Board Conference Room 895 Aerovista Place, Suite
101, San Luis Obispo, CA 93401-7906 |
|
February 9, 2007 |
|
200 Lincoln Avenue, Salinas,
CA 93901 |
|
March 23, 2007 |
|
Central Coast Water Board Conference Room 895 Aerovista Place, Suite
101, San Luis Obispo, CA 93401-7906 |
|
May 11, 2007 |
|
Central Coast Water Board Conference Room 895 Aerovista Place, Suite
101, San Luis Obispo, CA 93401-7906 |
|
June 6, 2007 Offsite |
|
(Location to be determined) |
|
July 6, 2007 |
|
|
|
September 7, 2007 |
|
Central Coast Water Board Conference Room 895 Aerovista Place, Suite
101, San Luis Obispo, CA 93401-7906 |
|
October 19, 2007 |
|
Santa
Barbara County Supervisors Board Hearing Room |
|
December 7, 2007 |
|
Central Coast Water Board Conference Room 895 Aerovista Place, Suite
101, San Luis Obispo, CA 93401-7906 |
LEAD STAFF PERSONS
Roger W. Briggs, Executive Officer 805-549-3140
Michael
Thomas, Assistant Executive
Officer/Ombudsman 805-542-4623
Carol
Hewitt, Executive Assistant 805-549-3503
Cyndee
Jones, Regional Administrative Officer 805-549-3372
Lori Okun, Senior Staff Counsel 916-341-5165
Harvey
Packard, Division Chief 805-542-4639
Sheila
Soderberg, Cleanup/SLIC 805-549-3592
Chris
Adair, Storm Water 805-549-3761
John
Robertson, Northern Permitting/Land Disposal Unit 805-542-4630
VACANT, Southern
Permitting -------------------
Eric
Gobler, Cleanup/Perchlorate Sites
805-549-3467
Lisa
Horowitz McCann, Watershed Assessment 805-549-3132
Angela Schroeter, Non-Point Source/Grants 805-549-4644
Karen Worcester, Regional Monitoring/Basin Planning 805-549-3333
Alison
Jones, Agricultural Program Coordinator 805-542-4646
Please send or fax correspondence to:
895 Aerovista Place, Suite 101
San Luis Obispo, CA 93401-7906
Phone:
805-549-3147 Fax: 805-543-0397
CENTRAL
COAST
|
Board Member |
Appointment Category |
Term Expires |
|
Leslie S.
Bowker Los Osos |
|
9/30/2007 |
|
VACANT |
Water
Quality |
9/18/2010 |
|
John H.
Hayashi Arroyo Grande |
Irrigated
Agriculture |
9/30/2007 |
|
Russell M.
Jeffries Vice-Chair, |
Industrial
Water Use |
9/30/2008 |
|
Monica S.
Hunter Los Osos |
Public |
9/30/2008 |
|
Daniel M.
Press |
Water
Quality |
9/30/2008 |
|
Gary C.
Shallcross |
Recreation,
Fish or Wildlife |
9/18/2010 |
|
Jeffrey S.
Young Chair, |
Water Supply |
9/30/2009 |
|
VACANT |
Municipal
Government |
9/30/2009 |
CONDUCT OF
MEETING AND HEARING PROCEDURES
A - The primary duty of the
B - The purpose of the meeting
is for the Board to obtain input from concerned and affected parties and make
decisions after considering the recommendations made by the Executive
Officer. The Board will vote only on matters
listed on the agenda as action items.
The Board may give direction to the Executive Officer on any matter
discussed during the meeting.
C - Agenda items are numbered for identification
purposes and will not necessarily be considered in the order listed.
D - RULES FOR LATE SUBMISSION
OF WRITTEN MATERIALS: This paragraph
applies only if there are no deadlines for written testimony or comments in a
separate hearing notice for an item.
Written material received after the due date on the first page of the
agenda and before noon on the Monday of board meeting week generally will not
be provided to Board members until the day of the meeting, but will become part
of the record unless the Chair rules that the late submission would prejudice
the Central Coast Water Board staff or any party. Written material received after noon on the
Monday of board meeting week will not be provided to Board members or become
part of the record, unless the Chair approves the late submission. The Chair will not approve a late submission
if doing so would prejudice any party (including
E - The Board and staff welcome
information on pertinent issues, but comments at the meeting should be brief
and directed to specifics of the case to enable the Board to take the
appropriate action. Lengthy testimony
should be presented to the Board in writing and only a summary of pertinent
points presented verbally. In order to give
everyone an opportunity to be heard, comments should have been previously submitted
in writing and a time limit on presentations may be imposed on any agenda
item. Speakers should plan to summarize
key points within three minutes. You
will need to receive approval from the Chair prior to meetings to speak for
longer than three minutes. Please make
your request to the Executive Officer at least one week before the meeting.
F - Material presented to the Board, as part of
testimony (e.g., photographs, slides, charts, diagrams, etc.) must be left with
Executive Assistant Carol Hewitt.
Photographs or slides of large exhibits are acceptable. If you plan to use visual aids such as
PowerPoint, contact the
G - BOARD MEETING PRINCIPLES
AND CONDUCT: Any person who appears
before the Board has an obligation not to act abusively or discourteously. Zealous representation of your interest, or
the interest of a person or organization you represent, should be carried out
in a professional manner. Speakers
should not engage in derogatory conduct based on race, national origin,
religion, gender, sexual orientation, or similar characteristics of any
person. Speakers should always be civil
and courteous when communicating with Board members, staff, or other interested
persons. All speakers should be punctual
and prepared for all Board meeting appearances so that all matters may start on
time and proceed efficiently. The Board
will not delay proceedings to accommodate late arrivals. The same
considerations apply to members of the audience who choose not to address the Board.
The Board may refuse to
allow any person who engages in discourteous or disruptive conduct to
speak. In the event that any person or
group intentionally interrupts the orderly conduct of a meeting, the Board can
have the person or group removed from the meeting. In the event that order cannot be restored by the
removal of individuals who are interrupting the meeting, the Board may order
the meeting room cleared and continue in session. (Gov. Code § 11126.5.) The Board may
place reasonable limitations on taking still or video photographs or using
placards or signage if these disrupt the meeting.
The Board may also issue
contempt sanctions in adjudicatory proceedings.
"Adjudicatory proceedings" include all permitting, cleanup and
enforcement matters, but do not include basin planning. Any person is subject to the contempt
sanction in an adjudicatory proceeding, whether or not the person is a
"party" to the matter. The
Board can issue contempt citations for the following conduct: obstruction or interruption of the meeting or
hearing by any of the following: (1) disorderly, contemptuous, or insolent
behavior toward the Board; (2) breach of the peace, boisterous conduct, or
violent disturbance; or (3) other unlawful interference with the process or
proceedings. Conduct that is not in the
Boardroom but that is near the meeting or hearing can also give rise to
contempt sanctions. (Ca. Gov. Code
sections 11455.10-11455.30; Ca. Code of Civ. Proc. section 128.5; Cal. Code of
Regs, tit. 23, sections 648(b), 648.8.)
If the Board decides to
impose contempt sanctions, the process is as follows. The Board first makes findings that a person
should be cited for contempt. The
findings are then referred to a court.
The court will issue an order to the person(s) involved to appear before
the court and defend the contempt charge.
The court then may issue the same types of contempt penalties that would
apply in a civil court trial, or dismiss the matter. In addition, the Board can order payment of
attorney’s fees when any person engages in bad faith actions or tactics that
are "frivolous" or solely intended to cause unnecessary delay. In that case, the person engaging in the
improper conduct must pay the attorneys fees of any party that result from the
conduct. "Frivolous" means
totally and completely without merit, or for the sole purpose of harassing
another party (including Water Board staff).
An order to pay attorney’s fees takes effect immediately, does not
require court action, and cannot be petitioned to the State Water Board.
Public participation is very
important to the Board. Members of the
public should not be afraid to comment on matters before the Board, even if
they do not fully understand the applicable law. However, public participation is hampered by
an individual’s or a group’s disruptive conduct. It is not the intent of the Board to use its
contempt powers (including attorney’s fee orders) before providing a warning
and allowing an opportunity to correct the conduct and avoid contempt
proceedings. Additional information on
Board meeting conduct is available on our website:
http://www.waterboards.ca.gov/centralcoast/Board/Meetings/conduct.htm
H - HEARING RULES FOR CONTESTED HEARINGS IN
ADJUDICATORY MATTERS (WASTE DISCHARGE OR WATER RECYCLING REQUIREMENTS, NPDES
PERMITS, ADMINISTRATIVE CIVIL LIABILITY ORDERS AND INVESTIGATION OR ENFORCEMENT
ORDERS [CWC §§ 13267, 13300-13308, 13383]:
This section applies unless there are different requirements in a
hearing notice for an item. The Board will conduct an informal hearing. Designated parties may request these
procedures: to call and examine witnesses; to introduce exhibits; to
cross-examine opposing witnesses; to impeach any witness; and to rebut the
evidence against him or her. The request
for a formal hearing must be received by the Executive Officer at least five
working days before the hearing, and must specify the formal procedures the
party is requesting. Failure to make a
timely objection to the use of an informal procedure, in accord with the
directions below, will constitute consent to the informal hearing (Title 23,
Designated parties are any persons
named in the proposed order. Central Coast Water Board staff is a designated
party for administrative civil liability complaints, and for cease and desist
orders that establish monetary liability and that are not issued concurrently
with waste discharge requirements. All
other persons wishing to testify or provide comments are interested persons and
not designated parties. Such interested
persons may request status as a designated party for purposes of an item by
submitting such request in writing to the
I - The Board Chair may specify a time limit
for oral presentations and testimony. Board members may interrupt a
presentation with questions or comments.
The time for Board member questions and witnesses’ answers will not
count toward the time limit for a presentation.
J - All Board files, exhibits, and agenda
material pertaining to items on this agenda are hereby part of the record.
K - Any person affected adversely by a decision
of the Board, may petition the State Water Resources Control Board (State Water
Board) according to Water Code section 13320 and Title 23
L - A copy of the procedures governing Water
Board meetings may be found at Title 23,
M - The facility is accessible to people with
disabilities. Individuals who require
special accommodations are requested to contact John Goni (805/542-4628) at
least seven working days prior to the meeting.
TTY users may contact the
N - All persons who actively support or oppose
the adoption of waste discharge requirements or an NPDES permit pending before
the Central Coast Water Board must submit a statement to the Board disclosing
any contributions of $100 or more to be used in a federal, state, or local
election, made by the action supporter or opponent, or his or her agent within
the last 12 months to any Central Coast Water Board Member.
O - All permit applicants or persons who actively support or oppose adoption of a set of waste discharge requirements or an NPDES permit pending before the Central Coast Water Board, are prohibited from making a contribution of $100 (or more) to any Board Member for three months following a Central Coast Water Board decision on the permit application.
895 Aerovista Place, Suite 101, San
Luis Obispo, CA 93401
Phone: 805-549-3147
-N-
-S-