NOTICE OF PUBLIC MEETING
Thursday, July 8, 2010, 8:30 a.m.
[See last page for location map]
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. The Public Forum is for topics not listed on the agenda that are pertinent to water quality.
Thursday, July 8, 2010, 8:30 a.m.
1. Roll Call [Carol Hewitt 805/549-3503].................................................... Board
Members Present
2. Introductions [Roger Briggs 805/549-3140]......................................... Guests
and Staff Present
3. Approval
of May 12-13, 2010 Meeting Minutes...................................................... Board
Motion
4. Report
by State Water Resources Control Board Liaison....................................... Status
Report
[Frances
Spivy-Weber 916/341-5615]
Uncontested
Items
5. Uncontested
Items Calendar.................................................................................. Board
Motion
(Agenda Item
numbers 6, 7, 8, and 9 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).
Low Threat and
General Discharge Cases
*6. Low Threat and General Discharge Cases.............................................................. Information
California
Water Service Company,
Waste
Discharge Requirements
*7. Rescission of Waste Discharge Requirements,
Rolling Woods Subdivision,
[Mike Higgins 805/542-4649]
*8. Rescission of Waste Discharge Requirements,
Pacific Mushroom Farm,
[Mike Higgins 805/542-4649]
*9. Rescind
Individual WDR and Enroll in General WDR for
Discharges
to Land by Small Domestic Wastewater
Treatment
Systems,
(Place
ID #233409) [Sorrel Marks 805/549-3695]
Enforcement
10. Enforcement
Report [
Agricultural
Regulatory Program
11..... Limited Term Renewal of the Conditional
Waiver of Waste Discharge
Requirements for Discharges from
Irrigated Lands........................................... Board
Approval
(Order No. R3-2010-0040) [Angela Schroeter 805/542-4644]
12..... Board
Workshop to Continue
......... Preliminary
Draft Staff Recommendations for an Updated
......... Agricultural
Order.................................................................................. Information/Discussion
[Angela Schroeter 805/542-4644]
Administrative Items
13. Public
Forum..................................................................................................... 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 Thursday before a Thursday meeting). Comments regarding
matters that are scheduled for a future meeting will be restricted.]
14. Reports
by
15. Executive
Officer’s Report [Roger Briggs 805/549-3140]..................... Information/Discussion
Water
Quality Certifications
[A chart is provided in the agenda
listing the applications received from April 1, 2010 to May 31, 2010. A
listing of pending applications for Water Quality Certifications pursuant to
Section 401 of the Clean Water Act may be obtained by calling Kim Sanders at
805/542-4771]
Regional Reports
Regional Monitoring [Karen Worcester 805/549-3333]
Los Osos Wastewater Project
Los Osos Wastewater Project Update
[David LaCaro 805/549-3892]
Administrative
Reports
Presentations
and Training [Roger Briggs 805/549-3140]
Budget
Status [Roger Briggs 805/549-3140]
Board Outreach [Roger Briggs 805/549-3140]
Closed Session
Discussion of Cases in Litigation [Sr.
Staff Counsel Frances McChesney]....... 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:
1.
Voices
of the Wetlands, et al, v. Regional Water Quality Control Board (
2.
Los
Osos Community Services District v.
3.
4.
Los
Osos CSD v.
5. Los
Osos Community Services District (Bankruptcy), Central District of
6.
Maxine Heim v.
7. Ken
Berry, et al. v.
8.
Prohibition Zone
Legal Defense Fund, et al., v.
9.
Petition
of the Natural Resources Defense Council (
10. Petition of NRDC et al. (
11. Petition of Bob Rudolph
Enterprises, Inc. (Cleanup and Abatement
Order No. R3-2006-0081), SWRCB/OCC File Nos. A-1766 and A-1343;
12. Petition of Desal Response Group
(Ocean View CSD Desalination Facility,
13. Petitions of Cambria Community
Services District (Chevron Service Station No. 9-0919 under General Permit No.
01-134), SWRCB/OCC File Nos. A-1462 and A-1462a.
14. Petitions
of City of
15. Petition of City of
16. Michael K. Tansy & Tansy Development Company, Inc. v.
17. City of
18.
Casmalia Hazardous Waste Site
Litigation:
19.
Petition of
The Board may discuss significant
exposure to litigation as authorized by GC Section 11126[e][2][B]. The Board may also decide whether to initiate
litigation as authorized by GC Section 11126[e][2][C]. The Board is not required to allow public
comment on closed session items. (See GC Section 11125.7(d).
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).
Personnel
Issues.............................................................................................. Closed
Session
The Board may
meet in closed session to discuss the appointment, evaluation of performance,
or dismissal of a public employee or to hear complaints or charges brought
against that employee by another employee unless the employee requests a public
hearing. (This closed session is authorized under Government Code section
11126, subd. (a)(1).)
Adjournment
The
next scheduled Board meeting will be held on Thursday, September 2, 2010 in
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Date |
City |
Address |
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Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
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May 12 – SLO
Elks Lodge, 222 Elks Ln., San Luis Obispo, CA 93401 May 13 - Central Coast Water Board
Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
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July 7, 2010 (offsite) |
Moss Landing |
Elkhorn Slough Foundation, 1700 Elkhorn Road, |
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Central
Coast Water Board Conference Room 895 Aerovista Place, Suite 101, San Luis Obispo, CA
93401-7906 |
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October 22, 2010 |
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Santa Barbara County Supervisors
Board Hearing Room |
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December 9, 2010 |
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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
Frances
McChesney, Senior Staff Counsel 916-341-5174
Harvey
Packard, Section Manager/Aquatic Habitat 805-542-4639
Lisa
Horowitz McCann, Section Mgr./Watershed
Planning & Protection 805-549-3132
John
Robertson, Section
Manager/Groundwater Protection 805-542-4630
Sheila
Soderberg, Site Cleanup/Dept. of Defense Sites 805-549-3592
Thea
Tryon, Land Disposal/Perchlorate Sites 805-542-4776
Chris
Adair, Underground Tanks/Cleanup/Point
source 805-549-3761
Chris
Rose, TMDLs/Non-point Source 805-542-4770
Phil Hammer, Storm
Water/Timber/401Water Quality Certification 805-549-3882
Vacant, Permitting -------------------
Angela
Schroeter, Agricultural Regulatory Program/Basin
Planning 805-542-4644
Karen
Worcester, Regional Monitoring 805-549-3333
Alison
Jones,
Please email, send, or
fax correspondence to:
Phone:
805-549-3147 Fax: 805-543-0397
Email: centralcoast@waterboards.ca.gov
CENTRAL
COAST
|
Board
Member |
Appointment
Category |
Term Expires
|
|
John H. Hayashi Arroyo
Grande |
Irrigated Agriculture |
|
|
David T. Hodgin |
Water Quality |
|
|
Monica S. Hunter Los Osos |
Public |
|
|
Russell M. Jeffries Vice-Chair, Salinas |
Industrial Water Use |
|
|
Gary C. Shallcross |
Recreation, Fish or Wildlife |
|
|
Jeffrey S. Young Chair, |
Water Supply |
|
|
VACANT |
Municipal Government |
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|
VACANT |
Water Quality |
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VACANT |
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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 evidence, 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
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/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. Designated parties
may request these procedures: to call and examine witnesses; to have witnesses
testify under oath; to receive a witness list from other designated parties; to
introduce exhibits; to cross-examine opposing witnesses; to impeach any
witness; to rebut the evidence against him or her; and to make opening or
closing statements. A request for these
hearing procedures must be received by the Executive Officer at least five
working days before the hearing, and must specify the procedures the designated
party is requesting.
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 - A copy of the procedures governing Water
Board meetings may be found at Title 23,
K - All Board files, exhibits, and agenda
material pertaining to items on this agenda are hereby part of the record.
L - 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
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.
P - The Board may conduct any scheduled hearing as a Panel Hearing as
allowed by law in the event of a lack of a Board member quorum. In the event that a Panel Hearing is held,
final action on that item will not be taken until a Board member quorum is
present. The Board generally will not
accept additional public comment or testimony after the Panel Hearing, unless
the proposed order is substantially changed.
(Water Code Section 13228.14, gov. Code Section 11125.7)
-N-
-S-
Parking: Please park at top level of
parking structure (entrance on