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Agenda January 2004

California Regional Water Quality Control Board
San Francisco Bay Region
1515 Clay Street, Suite 1400
Oakland, California 94612
Phone (510) 622-2300


AGENDA



Wednesday, January 21, 2004


Approximate Time[1] 9:00 a.m. 1. Roll Call and Introductions

2. Election of Chair and Vice-Chair

3. Public Forum

Any person may address the Water Board at the commencement of the meeting on any matter within the jurisdiction of the Board. This should not relate to any item on the agenda. The chair requests that each person addressing the Board limit the presentation to three minutes.

4. Minutes of the December 3, 2003 Board Meeting

5. Chairman's, Board Members', and Executive Officer's Reports

6. Consideration of Uncontested Items

Water Reuse Requirements

*A. Presidio Trust of San Francisco, City and County of San Francisco - Issuance of Water Reuse Requirements [Richard Condit 622-2338]

Adopted Order R2-2004-0001
Staff Summary Report
SMP
Attachment 1
Attachment 2
Attachment 4
Attachment 5 (Excel)

Information Item Requiring No Board Action

*B. LUST Cleanup Program - Case Closure Status Report [Donald Trembley 622-2350]

Case Closure Status Report (Excel)

7. Shell Oil Products US, Martinez Refinery, Contra Costa County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Joseph Ernest 622-2456]

Adopted Order R2-2003-0102
Mandatory Minimum Penalty

8. Union Sanitary District, Old Alameda Creek Intermittent Wet Weather Discharge, Union City, Alameda County - Reissuance of NPDES Permit [Jenny Chen 622-2405]

Adopted Order R2-2004-0002
Response to comments
Fact sheet
SMP
Figure 1
Figure 2
Infeasibility Study Report (Excel)
E-2 Metals Table (Excel)
RPA Table (Excel)
WQBEL Limit Calculation (Excel)


9. Proposed Amendment to the Water Quality Control Plan (Basin Plan) for San Francisco Bay Region to Update Water Quality Objectives and NPDES Implementation Provisions - Hearing to Consider Adoption of Proposed Amendments [Steve Moore 622-2439]

Adopted Order R2-2004-0003
Staff Summary Report, January 2004
Project Summary
Staff Report
Response to Comments May 2003
Response to Comments December 2003
Final Notice of Filing
CEQA Checklist
Revision A Text Changes
Revision B Text Changes
Revision C Text Changes
Revision D Text Changes
Appendix D
Appendix E
Appendix F
Appendix G
Dissolved Metal Trends
Total Metal Trends


10. Hookston Station, 228 Hookston Road, Pleasant Hill, Contra Costa County - Status Report [George Leyva 622-2379]

Staff Summary Report
Status Report
Tasks Table (Excel)
Fig 1
Fig 2
Fig 5
Vapor figures


11. South Bay Salt Ponds Restoration - Status Report [Steve Moore 622-2439] (Continued from December meeting)

Staff Summary Report


12. Correspondence

13. Closed Session - Personnel
The Board may meet in closed session to discuss personnel matters. [Authority: Government Code Section 11126(a)].

14. Closed Session - Litigation

a. The Board may meet in closed session to discuss litigation, including significant exposure to litigation and whether to initiate litigation [Authority: Government Code Sections 11126(e)(2)(B)(i) and 11126(e)(2)(C)(i)].

11:30 - 12:30 p.m b. The Board may meet in closed session to discuss San Francisco BayKeeper, a time certain Project of WaterKeepers Northern California v. SFRWQCB, Contra Costa Clean Water Program, San Mateo Clean Water Program, et al. (San Francisco Superior Court Consolidated Case No. 500527) [Authority: Government Code Section 1126(e)(2)(A)].

2:00 p.m. 15. Adjournment to the next Board meeting - February 18, 2004



[1] The “approximate time” indicated is an estimate of the time when the agenda matter is expected to be considered by the Board. The Board will follow these times as closely as possible; however, the estimates are provided for convenience and are not legally binding on the Board. (Discussion of litigation in closed session is time-certain.)


NOTES ON REGIONAL BOARD AGENDA

Agenda Annotations - *Uncontested item, expected to be routine and non-controversial. Recommended action will be taken at the beginning of the meeting without discussion. Any interested party, Board Member or the Executive Officer may request that the item be removed from the Uncontested calendar and it will be taken up in the order indicated by the agenda. Adoption of enforcement items as uncontested will be deemed a waiver of the opportunity for a hearing.

Conduct of Board Meetings - Items are numbered for identification purposes only, and will not necessarily be considered in this order.

Regional Board Meetings are accessible to people with disabilities. Individuals who require special accommodations should contact the Executive Assistant at least 5 working days before the meeting. TTY users may contact the California Relay Service at 1-800-735-2929 of voice line at 1-800-735-2922.

Materials presented to the Board as part of testimony that is to be made part of the record must be left with the Board. These include photographs, slides, charts, diagrams, etc. Anyone intending to make a presentation using slides, overheads, computer graphics, or other media should coordinate with the staff person for that agenda item in advance of the meeting. Some board members may attend a meeting by teleconference. At any time during the regular session, the Board may adjourn to a closed session to consider litigation, personnel matters, or to deliberate on a decision to be reached based on evidence introduced in a hearing. [Government Code section 11126(a), (d) and (q)] Availability of Agenda Items - Staff reports and tentative orders or resolutions for agenda items are available at www.waterboards.ca.gov/sanfranciscobay, one week before the Board Meeting. Copies of individual agenda items may also be obtained at the Board's office after 9 am on the Friday preceding the Board Meeting. The staff member indicated on the agenda listing will assist in answering questions. Petition of Regional Board Action - Any person adversely affected by a Regional Board decision may petition the State Water Resources Control Board to review the decision. Pursuant to section 2050© of Title 23 of the California Code of Regulations, any petition of the Regional Board's action on any agenda item to the State Board shall be limited to those substantive issues or objections that were raised before the Regional Board at the public hearing or in timely submitted written correspondence delivered to the Regional Board. A petition must be received by the State Board within 30 days of the Regional Board meeting at which adverse action was taken. Copies of the law and regulations applicable to filing petitions for appeal will be provided upon request. See Title 23 of the California Code of Regulations, sections 2050 - 2068.Contributions to Board Members - All persons who actively support or oppose the adoption of waste discharge requirements or an NPDES permit before the Regional Board must submit a statement to the Board disclosing any contribution of $250 or more to be used in a state, federal, or local election, made by the action supporter or opponent or his or her agent, to any Regional Board Member within the past 12 months.
All permit applicants and all persons who actively support or oppose adoption of waste discharge requirements or an NPDES permit pending before the Regional Board are prohibited from making a contribution of $250 or more to any Board Member for 3 months following a Regional Board decision on a permit application. Water Quality Certification - To obtain information regarding pending Section 401 Certification applications, call 622-2300. Administrative Civil Liabilities and Mandatory Minimum Penalties - A discharger may waive its right to a hearing on an agenda item for an ACL or MMP. If there is a waiver, no hearing will be held unless new, substantial information is made available that was not considered during the public comment period.

Regional Board Members
Name
City of Residence
Appointment Category
John Muller, Chair
Half Moon Bay
Irrigated Agriculture
Clifford Waldeck, Vice Chair
Mill Valley
Municipal Government
Kristen Dowd Addicks
Stinson Beach
Recreation, Fish or Wildlife
Doreen Chiu
Fremont
Industrial Water Use
Josephine De Luca
Redwood City
Undesignated (Public)
Shalom Eliahu
Lafayette
Water Supply
William J. Schumacher
San Francisco
Water Quality
Mary C. Warren
Oakland
County Government
John H. Reininga
San Francisco
Water Quality
  Regional Board Staff
Executive Officer
Assistant Executive Officers
Counsel to the Board
Bruce H. Wolfe
Lawrence P. Kolb
Yuri Won
Stephen I. Morse
Dorothy Dickey
Executive Assistant
Public Assistance Officer
Mary E. Tryon
vacancy
North Bay Watershed Management Division
Groundwater Protection/Waste Containment Division
Toxics Cleanup Division
Wilfried Bruhns, Acting Chief
Curtis T. Scott, Chief
Stephen A. Hill, Chief
Susan F. Gladstone, Section Leader
Terry Seward, Section Leader
John D. Wolfenden, Section Leader
William B. Hurley, Section Leader
John E. Kaiser, Section Leader
Anders G. Lundgren, Section Leader
South Bay Watershed Management Division
 
Chuck Headlee, Section Leader
Shin-Roei Lee, Chief
Keyvan Moghbel, Section Leader
   
Dale C. Bowyer, Section Leader
   
Marcia Brockbank, Project Manager
Permits Division
Planning and TMDL Division
Management Services Division
Lila Tang, Acting Chief
Thomas Mumley, Chief
Olivia Hampton-Rice, Chief
Greg H. Walker, Section Leader
Steve Moore, Section Leader
Vacancy, Section Leader
Dyan Whyte, Acting Section Leader
Gina Kathuria, Section Leader
  The primary responsibility of the Regional Board is to protect the quality of the surface water and groundwater within the Region for beneficial uses. This duty is carried out by formulating and adopting water quality plans for specific water bodies, by prescribing and enforcing requirements on domestic and industrial waste dischargers, and by requiring cleanup of water contamination and pollution. Specific responsibilities and procedures of the Board are outlined in the Porter-Cologne Water Quality Control Act. Regional meetings of the Board normally are held on the third Wednesday of each month in the Elihu M. Harris State Office Building, First Floor Auditorium, 1515 Clay Street, Oakland. They are scheduled to begin at 9:00 a.m. The purpose of the monthly meeting is to provide the Board with testimony and information from concerned and affected parties and to make decisions after considering the evidence presented. A public forum is held at each regular meeting where any person may address the Board on any matter within the jurisdiction of the Board, but may not be related to any item on the agenda. The Board welcomes 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 appropriate action. Written testimony must be received prior to the Board meeting by the date requested by staff. Verbal comments should only summarize the written material. New written testimony will not be entered into the record the day of the Board meeting. Tape recordings are made of each Board meeting and these tapes are retained in the Board's office for two years. Anyone desiring copies of these tapes may, at their own expense, arrange to have duplicate tapes made by contacting the Executive Assistant at (510) 622-2399. A copy of the written transcript may be obtained by calling California Shorthand Reporting at (415) 457-4417.
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
San Francisco Bay Region Summary of Board Actions Taken at the Regular Meeting

December 3, 2003


Enforcement Action

Mandatory Minimum Penalties Complaint Number R2-2003-0084 Mandatory Minimum Penalty for GTE Operations Support, Inc., 100 Ferguson Drive, Mountain View, Santa Clara County in the amount of $12,000. $12,000 will be used for a supplemental environmental project. Complaint Number R2-2003-0081 Mandatory Minimum Penalty for General Chemical Corporation, Wastewater Treatment Plant, Pittsburg, Contra Costa County in the amount of $24,000. $19,500 may be used for a supplemental environmental project. NPDES Permits Adopted Order No. R2-2003-0106 Rescission of NPDES Permit for Cargill Salt, Newark, Alameda County Adopted Order No. R2-2003-0107 Rescission of NPDES Permit for Landfill 26, Hamilton Army Airfield, Marin County

Adopted Order No. R2-2003-0108 Rescission of NPDES Permit for Las Gallinas Valley Sanitary District, Marin County

Adopted Order No. R2-2003-0109 Amendment of NPDES Permit for Sausalito-Marin City Sanitary District, Marin County

Adopted Order No. R2-2003-0114 Reissuance of NPDES Permit for Delta Diablo Sanitation District, Antioch, Contra Costa County

Waste Discharge Requirements Adopted Order No. R2-2003-0110 Adoption of Revised Waste Discharge Requirements for IT Vine Hill Complex, Class I Hazardous Waste Management Facility, Contra Costa County

Adopted Order No. R2-2003-0111 Updated Waste Discharge Requirements and Rescission of Order No R2-2002-0022 for U.S. Army Corps of Engineers, San Francisco Bay Maintenance Dredging Program, 2004 through 2006

Waste Discharge Requirements/
Water Quality Certification
Adopted Order No. R2-2003-0112 Adoption of New Waste Discharge Requirements and Section 401 Water Quality Certification for LBL - DUC Rancho Solano II LLC, Rancho Solano Phase 3 Development Project, Fairfield, Solano County

Adopted Order No. R2-2003-0115 Adoption of New Waste Discharge Requirements and Section 401 Water Quality Certification for Santa Clara Valley Water District and U.S. Army Corps of Engineers, Upper Guadalupe River Flood Control Project, San Jose, Santa Clara County

Workshop/Public Hearing Workshop and Public Hearing on Application for New Waste Discharge Requirements and Section 401 Water Quality Certification for Montanera Project in Gateway Valley, Orinda Gateway, LLC (d.b.a. Montanera LLC), Orinda, Contra Costa County

Site Cleanup Requirements Adopted Order No. R2-2003-0113 Adoption of Final Site Cleanup Requirements for Micrel, Inc., Siemens Microelectronics, Inc., and Pastoria Limited Partnership, for the property located at 639 North Pastoria Avenue, Sunnyvale, Santa Clara County Information Item Information Only Case Closure Status Report on LUST Cleanup Program Item Continued Other Business South Bay Salt Ponds Restoration - Status Report
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