[REVISED]
NOTICE
OF PUBLIC MEETING
Friday,
September 7, 2007 – 8:30 a.m.
[See last page for location
map]
Note: A revision was made specifically
to Page 4 of the agenda notice to add Item No. 23 - Los Osos Wastewater Project
Update.
Staff
will review and transmit all written material to the Board Members received by
Wednesday of the week prior to the Board meeting, 5:00 p.m., or by any
earlier due date required in a hearing notice for a specific agenda item. Please see the Conduct of Meeting
section on Pages 7-9 and below, for the Central Coast Water Board’s procedures
for accepting late submittals.
The
Board and staff welcome 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 the appropriate action.
Whenever possible, 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 their
key points as much as possible. The
Chair will allocate time to individual speakers according to the number of
speakers present. For scheduling
purposes, requests for extended speaking times should be submitted to staff as
soon as possible after the agenda is mailed. The Chair will decide whether to grant
such requests, and staff will let the speakers know if the Chair granted the
request. The Chair may change the
order of the agenda items at any time.
1. Roll Call [Carol Hewitt 805/549-3503]........................................................Board Members Present
2.
Introductions [Roger Briggs 805/549-3140].............................................Guests and Staff Present
3. Resolution
for Angela Carpenter [Roger Briggs 805/549-3140].............Resolution No.
2007-0082
4.
Approval of July
6, 2007 Meeting Minutes.......................................................................
Board Motion
5. Uncontested
Items Calendar............................................................................................
Board Motion
(Agenda Item numbers 9, 11, 12, 13, 16, 17, and
18 with a single asterisk (*), are expected to be routine and
non-controversial. Recommended action on these items will be taken at the
beginning of the meeting without discussion. If any Interested Person, Board Member,
or the Executive Officer requests that an item be removed from the calendar, it
will be taken up in order).
6.
Report
by State Water Resources Control Board Liaison [Gary Wolff
916/341-5607].... Status
Report
7. Low Threat and
General Discharge Cases...............................
Information/Discussion/Board Approval
General NPDES Permit for Aquaculture
The Abalone Farm,
General WDRs for Discharges of Winery Waste
Chalone Vineyard,
Foxen-Dore Winery,
Wente Vineyards Arroyo
Seco,
Cambria Winery,
Small Winery Waivers
[Matt Thompson 805/549-3159]
General Waiver for Waste
Discharge Requirements
Monterey Peninsula Water
Management District,
[Matthew Keeling
805/549-3685]
Strasbaugh,
General Waiver for
Specific Types of Discharges, Resolution No.
R3-2002-0115
Canyon Hills Ranch Mutual
Water Company,
General NPDES Permit for
Low Threat Discharges to Surface Waters
California Water Service
Company, Station 40-01,
[Cecile DeMartini
805/542-4782]
General Waste Discharge
Requirements for Discharges to Land by Small Domestic Wastewater Treatment
Systems Order No. 97-10-DWQ
Staff Closed
Cases
7/11 Store No. 32232,
[John Mijares
805/549-3696]
76 Station
[John Mijares
805/549-3696]
Enforcement
8. [ITEM NO. 8
HAS BEEN REMOVED]
*9. San Simeon CSD,
(Adopt
Mandatory Minimum Penalty Order) [Matt
Thompson 805/549-3159]
10. Enforcement Report
[
*11.
(Update
Waste Discharge Requirements for Closure)
[Martin
Fletcher 805/549-3694]
*12.
Mills Residence,
(Waiver
of Waste Discharge Requirements)
[Cecile
DeMartini 805/542-4782]
*13.
Cambria Winery LLC,
(Rescission
of Waste Discharge Requirements) [David
LaCaro 805/549-3892]
14. Fourwaters NTMP Timber
Harvest.................................................................
Order No. R3-2007-0073
(Conditional
Waiver of Waste Discharge Requirements)
[Julia
Dyer 805/594-6144]
15.
(Conditional
Waiver of Waste Discharge Requirements)
[Julia
Dyer 805/594-6144]
*16. Scotts Valley WWTP,
(Reissue NPDES Permit No. CA0048828)
[Michael Higgins 805/542-4649]
*17. The Abalone Farm, Cayucos,
(Rescind NPDES Permit No. CA0049344)
[Allison Dominguez 805/549-3882]
*18. ConocoPhillips Company,
(Reissue NPDES Permit No. CA0000051)
[Sorrel Marks 805/549-3965]
Cleanup
Cases
18a. Perchlorate Cases [Hector Hernandez
805/542-4641; Kristina Seley 805/549-3121....... Status
Report
Olin
Corporation,
Whittaker
Corporation,
BAE
Systems,
MK
Ballistics,
Administrative
Items
19. Regional Board Meeting
Schedule for 2008..................................................................
Board Approval
[Roger Briggs 805/549-3140]
20. Public Forum [This item will be heard after 11:00
a.m.]............................................
Board Direction
[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.]
21. Reports by
22. Executive Officer’s
Report [Roger Briggs 805/549-3140]..................................
Information/Discussion
[A chart is provided in the agenda
listing the applications received from June 1, 2007 through July 31, 2007. A listing of pending applications for
Water Quality Certifications pursuant to Section 401 of the Clean Water Act may
be obtained by calling Dominic Roques at 805/542-4780.]
Watershed
Reports
Once-Through Cooling
Update [Michael Thomas 805/542-4623]
Cleanup
Reports
Status Reports
(Informational Updates; NOTE: Board may give policy
direction):
UST Program & MTBE Cases
Update: Orcutt Chevron,
Underground Tanks Summary Report dated August 7, 2007
[
Regional
Reports
Regional Monitoring
Report [Karen Worcester 805/549-3333]
Total Maximum Daily Loads
Report [Lisa Horowitz McCann 805/549-3132]
Administrative
Reports
Presentations and Training [Roger Briggs
805/549-3140]
Challenge of Board Action [Roger Briggs
805/549-3140]
Funding Proposal for
Institute [Roger Briggs 805/549-3140]
Status
Report
[This item
will be heard after 1:30 p.m.]
23. Los Osos Wastewater
Project Update by San Luis Obispo County…………………Status Report
[Michael Thomas
805/542-4623]
Closed Session
Discussion of Cases in Litigation
[Senior Staff Counsel Lori Okun]................................ Closed
Session
The Board will meet in closed
session to discuss pending litigation, as authorized by Government Code (GC)
Section 11126[e][2][A], in the cases of Voices of the Wetlands, et al, v.
Regional Water Quality Control Board (
Deliberation on Decision after
Hearing...........................................................................
Closed Session
The Board may also meet in Closed
Session to deliberate on a decision to be reached based upon evidence introduced
in a hearing, as authorized by GC Section 11126(c)
(3).
The next scheduled Board meeting
will be held on Friday, October 19, 2007 in
|
Date
|
City |
Address |
|
January 22,
2007 (Los
Osos CDO hearing) |
|
Central
Coast Water Board Conference Room 895
Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906 |
|
February 9, 2007
|
|
|
|
March
23, 2007 |
|
Central
Coast Water Board Conference Room 895
Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906 |
|
May
10-11, 2007 (5/10 – Los Osos CDO
hearing) |
|
Central
Coast Water Board Conference Room 895
Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
|
June
6, 2007 (Offsite
Meeting) |
|
Central
Coast Water Board Conference Room 895
Aerovista Place, Suite 101, San Luis Obispo, CA 93401-7906 |
|
July
6, 2007 |
|
|
|
August
23, 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, Section Manager/Land Use
805-542-4639
Lisa Horowitz
McCann, Section Manager/Aquatic Habitat
805-549-3132
John
Robertson, Section Manager/Groundwater Protection
805-542-4630
Sheila Soderberg, Site Cleanup Program
805-549-3592
Chris Adair, Cleanup/UST
805-549-3761
VACANT Stormwater/Timber
------------------
VACANT, TMDL/Point Source
------------------
VACANT, Southern Permitting
-------------------
Angela
Schroeter, Non-Point Source/Grants
805-542-4644
Karen Worcester,
Regional Monitoring/Basin Planning
805-549-3333
Alison Jones, Agricultural Program Coordinator
805-542-4646
Please
send or fax correspondence to:
Phone:
805-549-3147 Fax:
805-543-0397
|
Board Member |
Appointment
Category |
Term
Expires |
|
Leslie S.
Bowker Los
Osos |
|
9/30/2007 |
|
David T.
Hodgin |
Water
Quality |
9/18/2010 |
|
John H.
Hayashi Arroyo
Grande |
Irrigated
Agriculture |
9/30/2007
|
|
Russell M.
Jeffries Vice-Chair,
Salinas |
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:
https://www.waterboards.ca.gov/centralcoast/resources/docs/board_meeting_conduct.pdf
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
https://www.waterboards.ca.gov/wqpetitions/wqpetition_instr.html
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.
San
Luis Obispo, CA
93401
Phone:
805-549-3147