February 14, 2024 - San Diego Water Board Meeting
All links in the Agenda Items refer to supporting documents in Adobe Portable Document Format (PDF). Also, documents received by the Regional Board as a hard copy have to be scanned and have larger file sizes.
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For an electronic copy of the February 14, 2024 Agenda (This copy may not reflect last minute changes made to agenda)
- San Diego Water Board Staff
STATE OF CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION
MEETING NOTICE AND AGENDA
Wednesday, February 14, 2024
9:00 a.m
San Diego Regional Water Quality Control Board
Board Meeting Room
2375 Northside Drive, Suite 108
San Diego, California 92108
And via Video and Teleconference
(Gov. Code, § 11123.2)
Video and Teleconference Options: This meeting will occur with both a physical meeting location and an option to participate from a remote location. Members of the public who wish to observe or to address the San Diego Water Board may do so at the noticed, physical location or may use the Zoom application to address the San Diego Water Board from a remote location. A majority of the board members will be physically present at the noticed meeting location above, consistent with the requirements of the Bagley-Keene Open Meeting Act.
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Those who only wish to watch the meeting and will not comment or present on an item, the webcast is available at either YouTube Livestream link or https://video.calepa.ca.gov.
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Members of the public who wish to comment or give a presentation on an agenda item must register to participate.
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Additional information about participating telephonically or via the remote meeting solution is available here: https://www.waterboards.ca.gov/sandiego/board_info/remote_meeting/.
MEETING NOTICE AND AGENDA
BOARD MEETING
Public comments on agenda items will be limited to 3 minutes or otherwise at the discretion of the Board Chair
DECLARATION OF A QUORUM
Celeste Cantú, Chair; Betty H. Olson, Ph.D., Vice Chair; Megan Blair, Board Member; Gary Strawn, Board Member; Stefanie Warren, Board Member.
PUBLIC FORUM
Any member of the public may address and ask questions of the Board relating to any matter within the San Diego Water Board's jurisdiction, provided the matter is not on the agenda or pending before the San Diego Water Board.
BOARD BUSINESS
- The Board will consider adoption of the following Board Meeting Minutes: December 13, 2023, and December 18, 2023
- Executive Officer Summary Report
- Supporting Document No. 1 - Minutes of the December 13, 2023 Board Meeting
- Supporting Document No. 2 - Minutes of the December 18, 2023 Special Board Meeting
- Chair's, Board Members', State Board Liaison's, and Executive Officer's Reports.
- Executive Officer Summary Report
- Supporting Document No. 1 - Executive Officer Report for February 14, 2024
- Supporting Document No. 2 - February 2024 State Board Liaison Report
CONSENT CALENDAR
*Items on the consent calendar may be removed at the request of any Board member or person. If an item is removed from the consent items calendar, it will only be voted on at this meeting if the Board accepts the staff recommendation for the agenda item. Otherwise, the item will be continued to a subsequent board meeting to allow input by interested persons
- NPDES Permit Amendment: Amendment of Order No. R9-2022-0005 as amended byOrder No. R9-2024-0005, NPDES No. CA0107433, Waste Discharge Requirementsand National Pollutant Discharge Elimination System Permit for the South OrangeCounty Wastewater Authority Discharge to the Pacific Ocean through the San JuanCreek Ocean Outfall (Tentative Order No. R9-2024-0005). (Joann Lim)
- Executive Officer Summary Report
- Supporting Document No. 1 - Tentative Order No. R9-2024-0005
- Supporting Document No. 2 - Location Map
- Supporting Document No. 3 - Comments from Les Miklosy, P.E., email dated November 15, 2023 (For a copy of this document, please email a request to our records administrator at rb9_records@waterboards.ca.gov.)
- Supporting Document No. 4 - Comments from SOCWA and SCWD, letter dated December 7, 2023 (For a copy of this document, please email a request to our records administrator at rb9_records@waterboards.ca.gov.)
- Supporting Document No. 5 - Response to Comments Report
- Supporting Document No. 6 - Notice of Public Hearing and Opportunity to Comment
- Rescission of Waste Discharge Requirements: Rescission of Order No. 86-22, WasteDischarge Requirements for the Discharge of Gemstone Polishing Wastewater to Percolations Ponds by Craftstones, Ramona, San Diego County (Tentative Order No.R9-2024-0006). (Brandon Bushnell)
- Executive Officer Summary Report
- Supporting Document No. 1 - Tentative Order No. R9-2024-00006
- Supporting Document No. 2 - Vicinity and Facility Map
- Supporting Document No. 3 - Transmittal Letter
- Supporting Document No. 4 - Notice of Public Hearing and Written Comment Period
ACTION ITEMS
- Second Revised Cease and Desist Order No. R9-2024-0008 (Tentative) United States Marine Corps., Las Pulgas Landfill, United States Marine Corps Base Camp Pendleton, San Diego County (Order No. R9-2024-0008). (David Gibson, Alex Sauerwein)
- Advisory Team Summary Report
- Supporting Document No. 1 - Tentative Cease and Desist Order No. R9-2024-0008
- Supporting Document No. 2 - Site Maps and Figures
- Supporting Document No. 3 - Revised Tentative Cease and Desist Order No. R9-2024-0008
- Supporting Document No. 4 - Discharger Comment (For a copy of this document, please email a request to our records administrator at rb9_records@waterboards.ca.gov.)
- Supporting Document No. 5 - Public Comment
- Supporting Document No. 6 - Response to Comments Report
- Supporting Document No. 7 - Revised Notice of Opportunity to Comment on Tentative Cease and Desist Order No. R9-2023-0085
- Supporting Document No. 8 - Tentative Cease and Desist Order No. R9-2023-0085
- Supporting Document No. 9 - Revised Tentative Cease and Desist Order No. R9-2023-0085, redline-strikeout version
- Election: Election of the 2024 Regional Board Chair and Vice Chair. (David Gibson)
- Tentative Resolution: A Resolution Honoring the Service of Eric T. Anderson(Tentative Resolution No. R9-2024-0014). (David Gibson)
- Executive Officer Summary Report
- Supporting Document No. 1 - Tentative Resolution No. R9-2024-0014 Honoring the Service of Eric T. Anderson
BOARD MEMBER REQUESTS
- Future Agenda Items: Recommended Course of Action and Estimated Staff Hours to Address Action Items from the October 2023 Board Meeting. In addition, Board Members may discuss items for possible inclusion on future agendas. (Kelly Dorsey)
- Executive Officer Summary Report
- Supporting Document No. 1 - Action Items from the December 13 and 18, 2023 Board Meetings
CLOSED SESSIONS
Closed Sessions are not open to the Public
- Discussion of Ongoing Litigation [Authorized under Government Code §11126, subd. (e)]. The San Diego Water Board may meet in closed session to discuss ongoing litigation for the following cases:
Civil Actions (Judicial and Administrative, other than Petitions for Review filed with the State Water Board)
- In re: Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2007-001, (NPDES No. CAS0108758) Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, the San Diego Unified Port District, and the San Diego County Regional Airport Authority adopted on January 24, 2007. Test Claim filed by San Diego County, et al., with Commission on State Mandates, No. 07-TC-09 (filed June 2008). (Catherine George Hagan)
- State of California Department of Finance, State Water Resources Control Board, and California Regional Water Quality Control Board, San Diego Region v. Commission on State Mandates. Petition for Writ of Administrative Mandamus. Sacramento County Superior Court, Case No. 34-2010-80000604 (filed July 2010). (Catherine George Hagan)
- Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2009-0002, (NPDES No. CAS0108740) Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of Orange, the Incorporated Cities of the County of Orange, and the Orange County Flood Control District adopted on December 16, 2009. Test Claim filed by County of Orange, et al., with Commission on State Mandates, No. 10-TC-11 (filed June 2011). (Catherine George Hagan)
- Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2010-0016 (NPDES No. CAS0108766) adopted November 10, 2010, County of Riverside, Riverside County Flood Control and Water Conservation District, and the Cities of Murrieta, Temecula, and Wildomar, Co-Claimants, filed with Commission on State Mandates, No. 11-TC-03 (filed November 2011). (Catherine George Hagan)
- Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2013-0001 (Regional MS4 Permit) filed with Commission on State Mandates by County of San Diego. (San Diego Region Water Permit – County of San Diego, Test Claim No. 14-TC-03 (filed June 2015). (Catherine George Hagan)
- Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2013-0001 as amended by Order No. R9-2015-0001 and Order No. R9-2015-0100 (Regional MS4 Permit) filed with the Commission on State Mandates by Orange County Copermittees, Test Claim No. 15-TC-02 (filed June 2016). (Catherine George Hagan)
- Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2015-0100, Provisions A.4, B.2, B.3.a, B.3.b, B.4, B.6, D.1.c(6), D.2.a(2), D.3, D.4, E.3.c(2), E.3.c(3), E.3.d, E.5.a, E.5.c(1)(a), E.5.c(2)(a), E.5.c(3), E.5.e, E.6, F.1.a, F.2.a, F.2.b, F.2.c, F.3.b(3), and F.3.c. 16-TC-05, County of Riverside, Riverside County Flood Control and Water Conservation District, and the Cities of Murrieta, Temecula, and Wildomar, Co-Claimants, filed with Commission on State Mandates, (June 2017). (Catherine George Hagan)
- Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2017-0077, Sections A.1, A.3, and A.5, 17-TC-05, City of San Juan Capistrano and County of San Diego, Claimants, filed with the Commission on State Mandates, (June 2017). (Catherine George Hagan)
- Baldwin & Sons, Inc.; Sunranch Capital Partners, LLC; Sunrise Pacific Construction, Inc.; SRC-PH Investments, LLC; Baldwin & Sons, LLC; Shawn M. Baldwin; Randall G. Bone; and Jose Capati v. California Regional Water Quality Control Board San Diego Region, Verified Petition for Writ of Mandate, Orange County Superior Court, Case No. 30-2022-01291447-CU-WM-CJC, filed November 4, 2022. (Vincent Vu)
- Lockheed Martin Corporation v. California State Water Resources Control Board; Regional Water Quality Control Board, San Diego Region, Verified Petition for Writ of Mandate and Request for Stay, Superior Court of the State of California, County of San Diego, Case No. 37-2023-00001041-CU-WM-CTL, filed January 9, 2023. (Alex Sauerwein)
Petitions for Review Pending Before the State Water Board
Petitions for review of San Diego Water Board actions or inactions filed with the State Water Board being held in abeyance by the State Water Board are generally not listed in the agenda. The titles of these matters are available at the San Diego Water Board. Please contact Vincent Vu at Vincent.Vu@waterboards.ca.gov or 916-232-5669 for more information.
- Petitions of San Diego Coastkeeper and Coastal Environmental Rights Foundation; City of Rancho Santa Margarita; City of Laguna Hills; County of Orange & Orange County Flood Control District; City of Dana Point; City of Laguna Beach; City of Mission Viejo; City of Laguna Niguel; Riverside County Flood Control & Water Conservation District et al.; City of San Clemente; City of San Juan Capistrano; and City of Aliso Viejo (Order No. R9-2015-0100, amending Order No. R9-2013-0001 [NPDES No. CAS 0109266] for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region), SWRCB/OCC FILE A-2456 (a thru I). (Laurie Walsh)
- Consideration of Initiation of Litigation or Discussion of Significant Exposure to Litigation. The San Diego Water Board may meet in closed session to initiate or consider initiating litigation concerning matters within its jurisdiction or to discuss significant exposure to litigation [Authorized under Government Code §11126(e)]. (David Gibson)
- Deliberation on a Decision to be Reached Based on Evidence Introduced in a Hearing. The San Diego Water Board may meet in closed session to consider evidence received in an adjudicative hearing and to deliberate on a decision to be reached based upon that evidence [Authorized under Government Code §11126(c)(3)].
- Personnel. The San Diego Water Board may meet in closed session to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing [Authorized under Government Code §11126(a)].
DIRECTIONS TO MEETING
From Downtown: Green Line light rail towards Santee to Fenton Parkway Station. Walk to 2375 Northside Drive (about 9 minutes). Head northwest on Fenton Parkway to Northside Drive. Right on Northside Drive.
I-15 north – take the Friars Road West exit (toward Qualcomm Stadium) – follow signs to stay on Friars Road. Turn left onto Northside Drive. Turn left at first signal (Fenton Marketplace Drwy). Our building is located at the end of the court – veer to the left into the parking structure. Parking will be validated for the parking structure.
From the North: Pacific Surfliner Train 572 towards San Diego Santa Fe Depot. Walk to San Diego Old Town Transit Center (about 1 minute). Green Line light rail towards Santee to Fenton Parkway Station. Walk to 2375 Northside Drive (about 9 minutes). Head northwest on Fenton Parkway to Northside Drive. Right on Northside Drive.
I-15 south – take the Friars Road West exit – follow signs to stay on Friars Road. Turn left onto Northside Drive. Turn left at first signal (Fenton Marketplace Drwy). Our building is located at the end of the court – veer to the left into the parking structure. Parking will be validated for the parking structure
Unless otherwise specified, submittal of written comments must be received by 5:00 p.m. on Tuesday, February 6, 2024 and should indicate the agenda item to which it is applicable. If the submitted written material is more than 5 pages or contains foldouts, color graphics, and/or maps, two copies must be submitted. Written material submitted after 5:00 p.m. on February 6, 2024, may not be provided to the Board members and may not be considered by the San Diego Regional Water Quality Control Board (See Note D, attached to this Notice).
Agenda and items will be available electronically at: https://www.waterboards.ca.gov/sandiego/board_info/agendas/.
Video broadcast of meetings will be available at either YouTube Livestream link or https://video.calepa.ca.gov.
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION
Summary of Board Actions and Proceedings
At the December 13, 2023 Board Meeting
MINUTES | REGIONAL BOARD ACTIONS | |
Minutes of the November 8, 2023 Board Meeting. | The Minutes were approved. | |
CONSENT ITEMS | ||
ITEM 4 – Rescission of Order No. 95-15, Waste Discharge Requirements for Ms. Sue Latimer and Mr. Jim Shafer of Sallows-Sun Island Club Near Harbison Canyon (Tentative Order No. R9-2023-0103). (Mahsa Izadmehr) | Order No. R9-2023-0103 was approved. | |
ITEM 5 – Rescission of Order No. 93-47, Waste Discharge Requirements for County of Orange, Joplin Youth Center, Orange County (Tentative Order No. R9-2023-0042). (Mahsa Izadmehr) | Order No. R9-2023-0042 was approved. | |
NON-CONSENT ITEMS | ||
ITEM 6 – Waste Discharge Requirements Amendment: Addendum No. 5 to Order No. 90-09, Waste Discharge Requirements for the Otay Annex Landfill, Otay Landfill Inc. – Republic Services, San Diego County, and Tentative Monitoring and Reporting Program No. R9-2023-0095 for Republic Services, Otay Landfill, Inc., Otay Annex Sanitary Landfill, San Diego County. (Erin Schmitt) | Addendum No. 5 to Order No. 90-09 and Monitoring and Reporting Program No. R9-2023-0095 were approved. | |
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Order No. R9-2023-0131 was approved. | |
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION
Summary of Board Actions and Proceedings
At the December 18, 2023 Special Board Meeting
NON-CONSENT ITEMS | |
ITEM 1 – Time Schedule Order: Consideration of a Time Schedule Order to be issued to the United States Section of the International Boundary and Water Commission for Discharges to the Pacific Ocean Through the South Bay Ocean Outfall from the South Bay International Wastewater Treatment Plant (Tentative Time Schedule Order No. R9-2023-0189). (Vicente Rodriguez) | Time Schedule Order No. R9-2023-0189 was approved. |
NOTES:
- GENERAL STATEMENT. The primary duty of the San Diego Water Board is to protect the quality of the waters within the region for all beneficial uses. This duty is implemented by formulation and adoption of 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.
The purpose of the meeting is for the Board to obtain testimony and information from concerned and affected parties and make decisions after considering the recommendations made by the Executive Officer.
All interested persons may speak at the San Diego Water Board meeting and are expected to orally summarize their written submittals. Testimony should be presented in writing prior to the meeting and only a summary of pertinent points presented orally. Oral testimony (i.e., direct testimony or comment) will be limited in time by the Board Chair (typically 3 minutes for interested persons and no more than 10 minutes for designated parties). A timer may be used and speakers are expected to honor the time limits. - PROCEDURE FOR CONSENT (UNCONTESTED) CALENDAR (see also Cal. Code of Regs., tit. 23, § 647.2) Consent or uncontested agenda items are items for which there appears to be no controversy, and which can be acted upon by the San Diego Water Board with no discussion. Such items have been properly noticed and all interested parties consent to the staff recommendation. The San Diego Water Board Chair will recognize late revisions submitted by staff and will then call for a motion and vote on all of the consent calendar items by the San Diego Water Board.
If any San Diego Water Board member or member of the public raises a question or issue regarding an item that requires San Diego Water Board discussion, the item may be removed from the consent calendar and considered separately in an order determined by the Chair. Anyone wishing to contest a consent item on the agenda is expected to appear at the San Diego Water Board meeting telephonically or via the remote meeting solution and explain to the San Diego Water Board the reason that it is contested. - PROCEDURE FOR INFORMATION ITEMS (see also Cal. Code of Regs., tit. 23, § 649 et. seq.). Information items are items presented to the San Diego Water Board for discussion only and for which no San Diego Water Board action or vote is normally taken. The San Diego Water Board usually will hear a presentation by staff but may hear presentations by others. Comments by interested persons shall also be allowed. Members of the public wishing to address the San Diego Water Board on the topic under discussion should notify the clerk beforehand and indicate their request to speak to the San Diego Water Board. Comments from the public should be for clarification or to add to the San Diego Water Board's understanding of the item; such comment should not be testimonial in nature or argumentative, as speakers are not under oath and the proceeding is not adversarial. Time limits may be imposed on interested persons.
- PROCEDURES FOR NON-CONSENT (CONTESTED) AGENDA ITEMS. Non-consent or contested agenda items are items to which the parties involved have not consented and the staff recommendation is in dispute. The procedure that applies to such items depends on the nature of the matter. Matters before the San Diego Water Board may be quasi-legislative or quasi-judicial (adjudicative proceedings). Such items may require a public hearing and all interested persons will be provided an opportunity to make comments.
Contested Adjudicative Matters
Contested agenda items that are adjudicative, not quasi-legislative, are governed by the rules for adjudicative proceedings. State Water Resources Control Board (State Water Board) regulations setting forth the procedures for adjudicative proceedings before the State and Regional Water Boards are codified in Division 3 of Title 23 of the California Code of Regulations. Adjudicative proceedings before the State and Regional Water Boards are governed by State Water Board regulations as authorized by Chapter 4.5 of the Administrative Procedures Act (commencing with Gov. Code, § 11400). State Water Board regulations further provide that, with certain exceptions, adjudicative proceedings will be conducted in accordance with Evidence Code sections 800 through 805 and Government Code section 11513. Other provisions of Chapter 5 of the Government Code do not apply to adjudicative proceedings before the State and Regional Water Boards. For more information about laws and regulations relevant to adjudicative proceedings, please visit https://www.waterboards.ca.gov/laws_regulations/.
An adjudicative proceeding is a hearing to receive evidence for determination of facts pursuant to which the State or Regional Water Board formulates and issues a decision. A decision determines a legal right, duty, privilege, immunity or other legal interest of a particular person or persons. Examples of adjudicative proceedings include hearings to receive evidence concerning the issuance of waste discharge requirements or National Pollutant Discharge Elimination System (NPDES) permits, concerning cease and desist orders, and concerning orders imposing administrative civil liability. Adjudicative proceedings are not conducted according to the technical rules of evidence, and the San Diego Water Board may accept testimony and comments that are reasonably relevant to the issues before the Board. Testimony or comments that are not reasonably relevant, or that are repetitious, will be excluded.
In some adjudicative matters, most frequently administrative civil liability matters, a separate Hearing Procedures Document may be issued. In those cases, the procedures set forth therein will apply, subject to discretionary modification by the Chair of the San Diego Water Board. For other adjudicatory matters, the Chair may establish specific procedures for each item and, consistent with subdivision (d) of section 648 of title 23 of the California Code of Regulations, may waive nonstatutory provisions of the regulations. Generally, all witnesses testifying before the San Diego Water Board must affirm the truth of their testimony and are subject to questioning by the Board Members..
Absent a separate Hearing Procedures Document, the Board normally conducts adjudicative proceedings in an informal manner. That is, the Board does not, generally, require the designation of parties, the prior identification of witnesses, prior submission of written testimony, or the cross examination of witnesses. Any requests for an alternate hearing process should be directed to the Executive Officer and must be received by the San Diego Water Board by the deadline set forth in the Agenda.
When the San Diego Water Board determines that a hearing will be formal (as opposed to informal, as described above), participants in a contested agenda item are either "designated parties" or "interested persons." Only designated parties will have the right to cross-examination and may be subject to cross-examination. Interested persons (i.e., nondesignated parties) do not have a right to cross-examination but may ask the San Diego Water Board to clarify testimony. Interested persons may also be asked to clarify their statements at the discretion of the San Diego Water Board.
Designated parties include:
- Discharger or Responsible Party
- Persons directly affected by the discharge
- Staff of the San Diego Water Board (if specified in the applicable hearing procedures)
All other persons wishing to testify or provide comments for a formal hearing are "interested persons" and not "designated parties." Such interested persons may request status as a designated party for purposes of the formal hearing by submitting such request in writing to the San Diego Water Board no later than the date specified at the beginning of the Agenda Notice or in the applicable Notice of Public Hearing or Hearing Procedures Document. The request must explain the basis for status as a designated party and, in particular, how the person is directly affected by the discharge.
All persons testifying must state their name, affiliation, and whether they have taken the oath before testifying. The order of testimony for formal hearings generally will be as follows, unless modified by the San Diego Water Board Chair:
- Testimony and cross-examination of San Diego Water Board staff
- Testimony and cross-examination of discharger
- Testimony and cross-examination of other designated parties
- Testimony by interested persons
- Closing statement by designated parties other than discharger
- Closing statement by discharger
- Closing statement by staff
- Recommendation by Executive Officer (as appropriate)
- Close hearing; and
- Deliberation and voting by San Diego Water Board
Closing statements shall be for the purpose of summarization and rebuttal and are not to be used to introduce new evidence or testimony. After considering evidence, testimony, and comments, the San Diego Water Board may choose to adopt an order regarding a proposed agenda item.
Quasi-legislative Matters
Quasi-legislative matters include rulemaking and some informational proceedings. These matters may include hearings for the adoption or amendment of regulations, water quality control plans, and hearings to gather information to assist the State and Regional Water Boards in formulating policy for future action. They are not adjudicative proceedings and are subject to different procedures. (See Cal. Code of Regs., tit. 23, § 649 et seq.) - CONTRIBUTIONS TO SAN DIEGO WATER BOARD MEMBERS. Persons applying for or actively supporting or opposing waste discharge requirements or other San Diego Water Board orders must comply with legal requirements if they or their agents have contributed or proposed to contribute $250 or more to the campaign of a San Diego Water Board member for elected office. Contact the San Diego Water Board for details if you fall into this category.
- PROCEDURAL INFORMATION. The San Diego Water Board may meet in closed session to discuss matters in litigation, including discussion of initiated litigation, significant exposure to litigation, or decisions to initiate litigation (Gov. Code, § 11126, subd. (e)); deliberate on a decision to be reached based upon evidence introduced in an adjudicatory hearing (Gov. Code, § 11126, subd. (c)(3)); or to consider the appointment, employment or dismissal of a public employee to hear complaints or charges brought against a public employee (Gov. Code, § 11126, subd. (a)).
The San Diego Water Board may break for lunch at approximately noon at the discretion of the Chair. During the lunch break San Diego Water Board members may have lunch together. Other than properly noticed closed session items, San Diego Water Board business will not be discussed.
Agenda items are subject to postponement. A listing of postponed items will be posted in the meeting room. You may contact the designated staff contact person in advance of the meeting day for information on the status of any agenda item.
Speaker Cards: All persons desiring to address the San Diego Water Board are required to fill out a speaker card. Speaker cards are normally provided near th entrance to the
meeting room. San Diego Water Board staff can assist you in locating the speaker cards.
Please fill out a separate card for each item you plan to speak on. All relevant sections, including the oath, must be completed. Please use the appropriate color card, as indicated below:
• Blue: Public Comments (for items requiring no San Diego Water Board action - Public Forum, status reports, etc.).
• Green: Public Testimony, in support of the tentative action.
• Pink: Public Testimony, opposed to the tentative action.
- AVAILABILITY OF EXECUTIVE OFFICER'S REPORT AND AGENDA MATERIAL. Visit our website at https://www.waterboards.ca.gov/sandiego/publications_forms/publications/eoreports.html to view the Executive Officer's Report, which will be available two days prior to the San Diego Water Board meeting. A copy can also be obtained by contacting Ms. Chris Blank at (619) 521-3382 or Christina.Blank@waterboards.ca.gov.
Copies of most agenda items to be considered by the San Diego Water Board are posted as available on the San Diego Water Board’s website at https://www.waterboards.ca.gov/sandiego/board_info/agendas/.
Details concerning other agenda items are available for public reference. The appropriate staff contact person, indicated with the specific agenda item, can answer questions and provide additional information. please see the San Diego Water Board’s website at Board Members | San Diego Regional Water Quality Control Board (ca.gov)
- PETITION OF SAN DIEGO WATER BOARD ACTION. In accordance with Water Code section 13320 and section 2050 et seq. of title 23 of the California Code of Regulations, any person affected adversely by most decisions of the California Regional Water Quality Control Board, San Diego Region (San Diego Water Board) may petition the State Water Board to review the decision. The petition must be received by the State Board within 30 days of the San Diego Water Board's meeting at which the adverse action was taken. Copies of the law and regulations applicable to filing petitions will be provided upon request.
- HEARING RECORD. Material presented to the Board as part of testimony (e.g. photographs, slides, charts, diagrams etc.) that is to be made part of the record must be provided to the Board. Photographs or slides of large exhibits are acceptable.
All Board files, exhibits, and agenda material pertaining to items on this agenda are hereby made a part of the record. - ACCESSIBILITY. Individuals who have special accommodation needs, please contact Ms. Chris Blank at (619) 521-3382 or Christina.Blank@waterboards.ca.gov at least 5 business days prior to the meeting. If interpreter services are required, please contact Ms. Blank at least 10 business prior to the meeting. TTY/TDD/Speech-to-Speech users may dial 7-1-1 for the California Relay Service.
- PRESENTATION EQUIPMENT. Providing and operating projectors and other presentation aids are the responsibilities of the speakers.