March 2008 Agenda

Note: Mp3 audio recordings are now available

9:00 a.m., Thursday, March 6, 2008
Fortuna River Lodge
Coho Room
1800 Riverwalk Drive
Fortuna, CA

Supporting documents for agenda items are posted on our website at least 10 days prior to the scheduled meeting. To view or download documents, go to www.waterboards.ca.gov/northcoast.
Comments on individual agenda items are welcome.  A set of draft materials for each agenda item that will be considered by the Regional Water Board is mailed to each person on the interested parties list.  If you wish to be added to our interested parties list for a specific agenda item, please contact the staff person listed with the item in this agenda notice.

For comments on an agenda item to be considered by the Regional Water Board, they must be submitted on or before the due date listed in the associated hearing notice, which is mailed to interested parties, and posted on the Regional Water Board’s website.

For any item for which there is no due date specified by a specific hearing notice, all written submittals shall be due no later than 12:00 noon the Friday before the board meeting or workshop.  Timely submittal of comments gives the Regional Water Board staff and the Regional Water Board members sufficient time to familiarize themselves with your concerns and for staff to address them.

The Regional Water Board may refuse to accept written comments submitted after the due date in the applicable hearing notice.  Pursuant to title 23, California Code of Regulations, section 648.4, the Regional Water Board may refuse to admit written testimony or evidence into the administrative record if it is not submitted to the Regional Water Board in a timely manner, unless the proponent can demonstrate why he or she was unable to submit the material on time or that compliance with the deadline would create an unreasonable hardship. Agenda items are subject to postponement. You may contact the designated staff contact person in advance of the meeting day for information on the status of any agenda item.

It is the policy of the State and Regional Water Boards to provide a work environment that is free from threats or acts of violence.  Threats or acts of violence committed by, or directed at, any employee will not be tolerated. The Board will not tolerate derogatory conduct directed toward any person based on their race, national origin, religion, gender, sexual orientation, or similar characteristics.

Any person who appears before the Board has an obligation to represent their interest in a professional manner. The Board requests that all persons in or near a Board meeting refrain from engaging in inappropriate conduct.  Inappropriate conduct may include disorderly, contemptuous or insolent behavior, breach of peace, boisterous conduct, violent disturbance or other unlawful interference in the Board’s proceedings. Such conduct could subject you to contempt sanctions by the superior court (Govt. C Sec 11455.10).

The North Coast Water Board considers items which may result in Board action or direction to staff. We encourage input from all people interested in a given item or issue, so that when we act, our decision is based on all available information. We expect all statements made before this Board to be truthful, with no attempts to mislead this Board by false statements, deceptive presentation or failure to include essential information.

All persons desiring to address the Board are required to fill out a speaker card.  The Chair may then determine the number of persons who wish to speak on any one item. Cards are normally provided near the entrance to the meeting room.

Except for items designated as time certain, there are no set times for agenda items.  Items may be taken out of order at the discretion of the Chair.

  1. Pledge of Allegiance
  2. Roll Call and Introductions
  3. Board Member Ex Parte Communication Disclosure - Board Members will identify any discussions they may have had requiring disclosure pursuant to Government Code section 11430.50.
  4. Resolution No. R1-2008-0015 Delegating Certain Powers and Duties to the Executive Officer.
  5. State Board Liaison's, Board Chair's, Board Members' and Executive Officer's Reports: These items are for Board discussion only.  No public testimony will be allowed, and the Board will take no formal action.
  6. Public Forum: Time will be reserved for the general public to address the Board on any matter within the Board’s jurisdiction, excluding those items on the agenda.  The Board Chair may limit the public forum to thirty (30) minutes initially, and continue any remaining appearances beyond the thirty (30) minutes at the end of the regularly scheduled business of the day.  The Board Chair requests that each person addressing the Board limit their presentation to three (3) minutes.
    Audio Recording for items i thru vi - MP3 - 50Mb
  1. Approval of Meeting Minutes:  January 2008
    Audio Recording for Item 1 - MP3 - 691 Kb

Consent Calendar

  1. Order No. R1-2008-0004 to consider adoption of an Administrative Civil Liability order for discharges of untreated municipal wastewater in violation of the Water Quality Control Plan for the North Coast Region and SWRCB Order No. 2006-0003-DWQ, City of Sebastopol, WDID No. 1B76176OSON (William Rodriguez)
    Audio Recording for Item 2 - MP3 - 64 Kb

Public Hearings

  1. PUBLIC HEARING Order No. R1-2008-0001 to consider adoption of proposed Waste Discharge Requirements for the Loleta Community Services District Wastewater Treatment Facility, NPDES Permit No. CA0023671, WDID No. 1B80081OHUM (Lisa Bernard)
    Audio Recording for Item 3 - MP3 - 19 Mb

  2. PUBLIC HEARING Order No. R1-2008-0008 to consider whether to affirm, reject, or modify a complaint for Administrative Civil Liability issued on July 17, 2007, for Mandatory Minimum Penalties for violations of Clean Water Act, Section 401, Water Quality Certification and Storm Water Permit in the matter of California Department of Transportation Confusion Hill Bypass Project, WDID No. 1B05153WNME (Mona Dougherty)
    Audio Recording for Item 4 - MP3 - 37 Mb

  3. PUBLIC HEARING Order No. R1-2008-0009 to consider adoption of Waste Discharge Requirements for In-Situ Groundwater Treatment for Willits Environmental Remediation Trust, Former Remco Hydraulics Facility, 934 South Main Street, Willits  (Janice Goebel)

  4. PUBLIC HEARING Order No. R1-2008-0002 to consider adoption of proposed Waste Discharge Requirements for UC Davis Bodega Marine Lab, NPDES No. CA0024333 WDID No. 1B84035OSON (Charles Reed)
    Audio Recording for Item 6 - MP3 - 17 Mb

  5. PUBLIC HEARING Order No. R1-2008-0014 to consider adoption of Editorial Amendments to Chapter 1 – Introduction to the Water Quality Control Plan for the North Coast Region (Rebecca Fitzgerald)
    Audio Recording for Item 7 - MP3 - 7 Mb
    Public comment regarding Item 7 - MP3 - 1 Mb


Workshop

This workshop item will be heard after the lunch hour (approximately 1:00 p.m.)

  1. Workshop on the Work Plan to Control Excess Sediment in Sediment-Impaired Watersheds (Rebecca Fitzgerald)
    Audio Recording for Item 8 - MP3 - 35 Mb

Information Items

  1. Sonoma County Salmon Coalition – Efforts to improve conditions for salmon in the mid-Russian River watershed (Robert Klamt, Marc Kelley)
    Audio Recording for Item 9 - MP3 - 15 Mb
  2. Update on Monitoring Activities within the North Coast Region (Rich Fadness)
  3. Update on November 28, 2007, Fuel Spill in Freshwater Creek (David Evans)
    (Note: This item was pulled from Information Items and added to the Public Forum.)
  4. Executive Officer’s Report (Robert Klamt)
  5. Board Member Requests for Future Agenda Items (Robert Klamt)
  6. Other Items of Interest (Robert Klamt)
    Audio Recording for Items 12, 13 and 14 - MP3 - 2 Mb

Closed Session

  1. The Board may meet in closed session to:
  1. consider evidence received in an adjudicatory hearing and deliberate on a decision to be reached based on that evidence (Gov. Code, §11126, subd.(c)(3));
  2. consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against a public employee (Gov. Code, § 11126, subd.(a)(1));
  3. discuss significant exposure to litigation (Gov. Code, §11126, subd.(e)(2)(B)(i));
  4. discuss whether to initiate litigation Gov. Code, § 11126, subd.(e)(2)(C)(i)) including, but not limited to, the following matters:  (In re Talmage Dam [consider referral of sediment discharge from dam operated by Mendocino County to Attorney General’s Office]; and In re California Dept. of Transportation [consider referring to Attorney General for prosecution in the superior court violations occurring at Confusion Hill of 401 certification and National Pollution Discharge Elimination System Permit for Statewide Storm Water Permit and Waste Discharge Requirements for the State of California, Dept. of Transportation]); and
  5. discuss initiated litigation in the following matters Gov. Code, § 11126, subd.(e)):
  1. Carla M. Clark et al. v. City of Santa Rosa et al., Cal. Ct. of Appeal, 1st Dist., Case No. 227896;
  2. Pacific Lumber Company and Scotia Pacific Company, LLC v. North Coast Regional Water Quality Control Board and California State Water Resources Control Board, Humboldt Co. Sup. Court, Case No. CV-030650 (challenging 13267 orders);
  3. Pacific Lumber Company and Scotia Pacific Company, LLC v. North Coast Regional Water Quality Control Board and California State Water Resources Control Board, Humboldt Co. Sup. Court, Case No. CV-030761 (challenging request for reports of waste discharge in Freshwater Creek);
  4. People of the State of California v. North Coast Railroad Authority d.b.a. North Western Pacific Railroad, Mendocino Co. Sup. Ct., Case No. CV-80240; 
  5. Whitman Corp. and Pneumo Abex Corp. v. California Regional Water Quality Control Board, North Coast Region, Sonoma County Sup. Court (no Case No.); and related case People of the State of California, et al. v. Remco Hydraulics, Inc., et al., U.S. Dist. Ct., N. Dist., Case No. C96-0283;
  6. People, et al. v. KURE Shipping S.A., et al., Humboldt Co. Sup. Court (natural resource damage and statutory violations stemming from another fuel oil spill in Humboldt Bay several years ago);
  7. John W. Hanes et al. v. North Coast Regional Water Quality Control Board, Mendocino County Superior Court, Case No. SCUK CVPT 0492211 (challenging administrative civil liabilities and their basis);
  8. John Green; Green Right O’Way Constructors v. North Coast Regional Water Quality Control Board, Mendocino Co. Superior Court, Case No. CV0595697 (challenging ACL order);
  9. John Diehl v. California Regional Water Quality Control Board, North Coast Region, Del Norte Co. Sup. Ct.,Case No. CVPT061440 (requesting stay of, and challenging cleanup and abatement order);
  10. Pacific Lumber Co. et al. v. State of California, Fresno Co. Sup. Ct., Case No. 06CECG04221;
  11. Ken Berry et al. v. SWRCB, Sacramento Co. Sup. Ct., Case No. 07CS00021;
  12. City of Arcata v. SWRCB, Humboldt Co. Sup. Ct., Case No. CV070275;
  13. City of Santa Rosa v. California Regional Water Quality Control Board, North Coast Region, Sonoma Co. Sup. Ct., Case No. SW241194;
  14. Karuk Tribe of Northern California v. California Regional Water Quality Control Board, North Coast Region, Sonoma Co. Sup. Ct., Case No. SCV241368;
  15. In re Scotia Development LLC, Debtor, US Bankruptcy Court, S. Dist. of Texas, Corpus Christi Division, Case No. 07-20027-C-11.
  16. Kristi Wrigley v. State of California, et al, Ca. Victim Comp. and Gov’t Claims Bd. (claim for damages from flooding on Elk River);
  17. In re Petition of Betty A. Marshall (SWRCB/OCC File No. A-1652);
  18. In re Petition of City of Healdsburg, (SWRCB/OCC File No. A-1673) – challenging waste discharge requirements Order No. R1-2004-0064;
  19. In re Petition of Shiloh Group LLC, (SWRCB/OCC File No. A-1733);
  20. In re Petition of Humboldt Waste Management Authority (SWRCB/OCC File No. A-1742);
  21. In re Petition of Pacific Lumber Co., et al., (SWRCB/OCC File No. A-1753) - challenging the Executive Officer’s rescission of interim enrollments of specified THPs in the General Timber WDRs pursuant to the watershed-wide WDRs;
  22. In re Petition of Pacific Lumber Co., et al, (SWRCB/OCC File No. A-1755) - challenging watershed-wide waste discharge requirements in Elk River and Freshwater Creek;
  23. In re Petition of Elk River Residents’ Assoc., (SWRCB/OCC File No. A-1755(a)) - challenging watershed-wide waste discharge requirements in Elk River and Freshwater Creek;
  24. In re Petition of Robert and Alice Larsen Trust, (SWRCB/OCC File No. A-1850) – challenging issuance of Cleanup and Abatement Order R1-2007-0033 being held in abeyance at petitioner’s request;
  25. In re Petition of Louisiana-Pacific Corporation, (SWRCB/OCC File No. A-1861) – challenging Monitoring and Reporting Program No. R1-2007-0048 for former Louisiana Pacific Potter Valley Sawmill;
  26. In re Petitions of J.H. Baxter & Co., Roseburg Forest Products Co, and International Paper (SWRCB/OCC File No. A-1874) – challenging Order requiring technical information regarding J.H. Baxter Superfund Site, and
    28. In re Petitions of Ed Voice Family, et al (SWRCB/OCC File No. A-1889) – challenging letter granting Mercer Fraser Co.’s coverage under Order no. R1-2005-001, General Waste Discharge Requirements and Water Quality Certification for Sand and Gravel operations.

 

  1. Arrangements for Next Meeting and Adjournment            
    The Sons of Italy Weed Lodge No. 1269
    155 Clay Street
    Weed, CA

Procedures and Notes

A copy of the procedures governing Regional Water Board meetings may be found at Title 23, California Code of Regulations, Section 647 et seq., and is available upon request.  Hearings before the Regional Board are not conducted pursuant to Government Code Section 11500 et seq.   

A quorum of the members of the Regional Water Board may meet for dinner and may recess for lunch; however, no business will be discussed except for Closed Session items as announced at the meeting.

Accessibility - The facility is accessible to people with disabilities.  Anyone requiring reasonable accommodation to participate in the meeting should contact Jean Lockett, Secretary, at (707) 576-2307 or JLockett@waterboards.ca.gov at least 5 working days prior to the meeting.  TTY/TDD/Speech-to-Speech users may contact the California Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922.

General Statement - The primary duty of the Regional Water Board is to protect the quality of the waters within the region for all beneficial uses.  This duty is implemented by formulating and adopting water quality plans for specific ground or surface water basins, and by prescribing and enforcing requirements on all domestic and industrial waste discharges.  Responsibilities and procedures of the Regional Water Quality Control Board come from the state's Porter-Cologne Water Quality Act and the nation's Clean Water Act.

Presentations - The purpose of the meeting is for the Regional Water Board to obtain testimony and information from concerned and affected parties and make decisions after considering the recommendations made by the Executive Officer.  The Regional Water 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 Regional Water Board to take the appropriate action.

In order to give everyone an opportunity to be heard, a time limit for oral comments may be imposed on any agenda item. Interested persons are encouraged to submit their comments in writing by the applicable due date and use time for oral comments to summarize those concerns.  Speakers should plan to deliver their oral comments within 3 minutes.  If a longer period of time is desired, speakers will be expected to notify the Regional Water Board staff prior to the meeting date, for scheduling purposes.  The speaker will be expected to have submitted a written summary of the comments to be delivered by the due date for the associated agenda item and limit oral comments to a summary of pertinent points previously presented in writing.

If the submitted written material is more than 5 pages or contains foldouts, color graphics, maps, etc., 20 copies must be submitted for distribution to the Board members and staff.

Comments on agenda items will be accepted by electronic mail subject to the same conditions set forth for other written submissions.  The total submittal (including attachments) cannot exceed 5 printed pages in length.

Speakers are responsible for providing and operating projectors and other presentation aids.  Some equipment may be available at the Board meeting; however, the type of equipment available will vary depending on the meeting location.  To ascertain the availability of presentation equipment please contact Jean Lockett at (707) 576-2307 or Jlockett@waterboards.ca.gov at least 5 working days prior to the meeting.

Contributions to Regional Board Members - All persons who actively support or oppose the adoption of waste discharge requirements or a National Pollutant Discharge Elimination System (NPDES) permit being considered by the Regional Water Board must submit a statement to the Board disclosing any contribution of $250 or more to any Regional Water Board Member.  This requirement applies to contributions of $250 or more made by the active supporter or opponent or his/her agent for use in federal, state or local elections within the last 12 months.

Also, all permit applicants and/or persons who actively support or oppose adoption of a set of waste discharge requirements or an NPDES permit pending before the Regional Water Board are prohibited from making a contribution of $250 or more to any Regional Water Board Member for three months following a Regional Water Board decision on the permit application.

Water Quality Certifications - The Regional Water Board processes requests for Water Quality Certification, pursuant to Section 401 of the Clean Water Act, to ensure that proposed federally-permitted activities will comply with the Regional Water Board’s water quality standards.  A listing of requests which are pending may be obtained by calling the office of the North Coast Regional Water Board at (707) 576-2220.  The list may also be obtained by accessing our web site at: www.waterboards.ca.gov/northcoast/

Notices of Proposed Corrective Actions - The Regional Water Board provides routine public notices on proposed corrective actions and closure decisions related to cleanup on contaminated sites.  These routine notices are published on our web site and a copy is maintained at our office for public review.

Petition of Regional Board Action - Any person affected adversely by a decision of the Regional Water Board may petition the State Water Resources Control Board (State Water Board), to review the decision. The State Water Board must receive the petition within 30 days of the Regional Water Board’s meeting at which the action was taken. Copies of the laws and regulations applicable to filing a petition will be provided upon request, and may also be accessed at: www.waterboards.ca.gov/wqpetitions/index.html

If the State Water Board accepts a petition for review, the Regional Water Board will be required to file the record in the matter with the State Water Board. The costs of preparing and filing the record are the responsibility of the person(s) submitting the petition. The Regional Water Board will contact the person(s) submitting a petition and inform them of the payment process and any amounts due.

Note: Please see PDF version for board and staff personnel information.

Fortuna River Lodge
Coho Room
1800 Riverwalk Drive
Fortuna, CA

Directions from the South:

Take 101 North – towards Eureka – Take exit 687, take ramp right for Route 101 Business toward Fortuna/Kenmar Road – turn left onto US-101 Bus/12th/S Fortuna Blvd, immediately bear right onto 12th Street – bear right towards S 12th Street/ Riverwalk Drive – keep straight onto S 12th Street/ Riverwalk Drive.  Arrive at 1800 Riverwalk Drive, Fortuna.

Directions from the North:

Take 101 South – towards Fortuna – Exit 688 – take ramp Right and follow signs for 12th Street – bear left onto So. 12 Street/Riverwalk Drive.  Arrive at 1800 Riverwalk Drive, Fortuna.

We now are able to offer you an electronic copy of our Meeting Agenda Announcement.  If you would like to signup to receive a copy, follow the steps below:

1.     Go to our web page: https://www.waterboards.ca.gov/resources/email_subscriptions/reg1_subscribe.html and click on the link that says, “SUBSCRIBE”.
2.     Enter your e-mail address in the top box
3.     Enter your full name in the box directly below.
4.     Click on the box to the left of “BOARD MEETING AGENDA”
5.     Click on the Subscribe button on the right hand side of the page.
6.     You will receive a confirmation e-mail message at the address entered in step 2 above.

If you have any questions or need further information, please call the Regional Water Board at 707.576.2220.