California Regional Water Quality Control Board
1515 Clay Street, Suite 1400 Oakland, California 94612 Phone (510) 622-2300 FAX (510) 622-2460 AGENDAJune 16, 20049:00 a.m. Elihu M. Harris Building First Floor Auditorium 1515 Clay Street Oakland, CA 94612 Approximate Time[1] 9:00 a.m. 1. Roll Call and Introductions 2. 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. 3. Minutes of the May 19, 2004 Board Meeting 4. Chairman's, Board Members', and Executive Officer's Reports 5. Consideration of Uncontested Items Calendar (See Notes attached) NPDES Permit A. Rhodia, Inc., Martinez Plant, Martinez, Contra Costa County - Reissuance of NPDES Permit [Robert Schlipf 622-2478] Adopted Order R2-2004-0042 Attachments (zip) Waste Discharge Requirements B. California Department of Parks and Recreation, Angel Island State Park, Tiburon, Marin County - Issuance of Waste Discharge Requirements [Ken Katen 622-2485] Adopted Order R2-2004-0043 Mailing List Transmittal Letter SMP Part A (pdf) Staff Summary Report Public Notice Public Notice Cover Letter Waste Discharge Requirements/Water Quality Certification C. California Department of Transportation, Devil's Slide Tunnel Project, County of San Mateo - Issuance of Waste Discharge Requirements and Water Quality Certification [Carmen Fewless 622-2316] Adopted Order R2-2004-0044 Transmittal Letter Site Cleanup Requirements D. City of Richmond, for the property located at Terminal One, 1500 Dornan Drive, Richmond, Contra Costa County - Adoption of Site Cleanup Requirements [Mark Johnson 622-2493] (Continued from May meeting) Adopted Order R2-2004-0045 Staff Summary Report E. Signature at the Estuary, LLC, and Friends of the California Men's Crew, a California Non-Profit Corporation, for the properties located at 2901 and 2909 Glascock Street and 303 and 315 Derby Avenue, Oakland, Alameda County - Adoption of Final Site Cleanup Requirements [Betty Graham 622-2358] Adopted Order R2-2004-0046 Staff Summary Report Attachments (zip) F. Wachovia Real Estate Fund, Wachovia Bank of North Carolina, N.A., Bank of New York Trust Company of California, and Orton Development, Inc., for the property located at 26545-63 Corporate Avenue, Hayward, Alameda County - Rescission of Site Cleanup Requirements [Roger Brewer 622-2374] Adopted Order R2-2004-0047 Transmittal Letter G. F.J. Federighi Trust B, Douglas T. Federighi, Michale H. Federighi, Eden Development Company, Estate of John B. Beckett, Thomas J. Beckett, Pamela Beckett Scott, John R. Beckett, Sharon Louise Bowman (deceased and represented by Bruce R. Bowman), Richard W. Sullivan, Carolyn Riding, Beverly J. Riding, Nancy Riding Rice, and Susan Kahn, for the property located at 14883 East 14th Street, San Leandro, Alameda County - Rescission of Site Cleanup Requirements [Roger Brewer 622-2374] Adopted Order R2-2004-0048 Staff Summary Report Information Item Requiring No Board Action H. LUST Cleanup Program - Case Closure Status Report [Donald Trembley 622-2350] Staff Summary Report Staff Report (xls) ENFORCEMENT 6. Monsanto Company, Vishay General Semiconductor, Inc., SmithKlineBeecham Corporation dba GlaxoSmithKline, and Gould Electronics, Inc., 3400 Hillview Avenue, Palo Alto, Santa Clara County - Hearing to Consider Imposition of Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Farhad Azimzadeh 622-2310] Adopted Complaint R2-2003-0101 Staff Summary Report (pdf) 7. Orinda Gateway LLC, Montanera Project, Orinda, Contra Costa County - Issuance of Waste Discharge Requirements and Water Quality Certification [Elizabeth Morrison 622-2330] Adopted Order R2-2004-0049 Staff Summary Report Response to Comments Staff Report PLANNING 8. Proposed Amendment to the Water Quality Control Plan (Basin Plan) for San Francisco Bay Region to Establish San Francisco Bay Mercury Total Maximum Daily Load (TMDL) and Implementation Plan - Hearing to Receive Testimony on Proposed Amendment [Bill Johnson 622-2354 and Richard Looker 622-2451] Staff Summary Report (pdf) Proposed Basin Plan Amendment (Appendix A) and Staff Report (pdf) 9. Correspondence 10. Closed Session - Personnel The Board may meet in closed session to discuss personnel matters. [Authority: Government Code Section 11126(a)]. 11. Closed Session - Litigation 11:30 - 12:30 p.m. 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)]. b. The Board may meet in closed session to discuss Napa Sanitation District et al. v. State Water Resources Control Board et al. (California Court of Appeal, First District, Division 4, No. A103725)[Authority: Government Code Section 11126(e)(2)(A)]. c. The Board may meet in closed session to discuss Napa Sanitation District v. California Regional Water Quality Control Board, San Francisco Region and State Water Resources Control Board (Napa County Superior Court)[Authority: Government Code Section 11126(e)(2)(A)]. d. The Board may meet in closed session to discuss State of California by and through the Regional Water Quality Control Board, San Francisco Bay Region v. West Marin Sanitary Landfill et al. (Marin Superior Court, No. CV001510)[Authority: Government Code Section 11126(e)(2)(A)]. 12. Adjournment to the next Board meeting - July 21, 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 AGENDAAgenda 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 , 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. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - San Francisco Bay Region 1515 Clay Street, Suite 1400, Oakland, CA 94612 (510) 622-2300 Fax (510) 622-2460 Internet Address: https://www.waterboards.ca.gov/sanfranciscobay Regional Board Members
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD San Francisco Bay Region Summary of Board Actions Taken at the Regular Meeting May 19, 2004 NPDES Permits Adopted Order No. R2-2004-0026 Reissuance of NPDES Permit No. CA0029904 for Crockett Cogeneration, LLP, Crockett, Contra Costa County Adopted Order No. R2-2004-0027 Reissuance of NPDES Permit No. CA0038547 for Delta Diablo Sanitation District, Antioch, Contra Costa County Adopted Order No. R2-2004-0028 Rescission of NPDES Permits for East Bay Municipal Utility District, Walnut Creek Water Treatment Plant (Permit No. CA0038270); East Bay Municipal Utility District, Lafayette Water Treatment Plant (Permit No. CA0038245); East Bay Municipal Utility District, Orinda Water Treatment Plant (Permit No. CA0038342); East Bay Municipal Utility District, El Sobrante Water Treatment Plant (Permit No. CA0038261); East Bay Municipal Utility District, San Pablo Water Treatment Plant in Kensington, Contra Costa County (Permit No. CA0038253); East Bay Municipal Utility District, Upper San Leandro Water Treatment Plant in Oakland, Alameda County (Permit No. CA0038237); and City of San Jose, Story Road Landfill, San Jose, Santa Clara County (Permit No. CA0029939) Adopted Order No. R2-2004-0036 Reissuance of NPDES Permit No. CA0110116 for U.S. Navy, Naval Support Activity, Treasure Island, San Francisco County Waste Discharge Requirements Adopted Order No. R2-2004-0029 Update of Waste Discharge Requirements and Rescission of Order Nos. 78-003, 78-017, 78-039, 86-096, 95-081, and 95-227 for East Canyon Holdings, LLC - East Canyon Landfill, Benicia, Solano County Adopted Order No. R2-2004-0030 Update of Waste Discharge Requirements and Rescission of Order No. 89-105 for City of Sunnyvale, Sunnyvale Landfill, Sunnyvale, Santa Clara County Waste Discharge Requirements/ Water Quality Certification Adopted Order No. R2-2004-0035 Issuance of Waste Discharge Requirements and Water Quality Certification for Shapell Industries of Northern California, Alamo Creek Project, Unincorporated Contra Costa County Adopted Order No. R2-2004-0037 Issuance of Waste Discharge Requirements and Water Quality Certification for Schaefer Heights Associates, Schaefer Ranch Project, Dublin, Alameda County Site Cleanup Requirements Adopted Order No. R2-2004-0031 Adoption of Final Site Cleanup Requirements for Universal Paint Corporation, Teltec Corporation, Richard Cotarelo, Jenny Cotarelo, and Adelaide Garoppo, for property located at 1485-1509 Berger Drive, San Jose, Santa Clara County Adopted Order No. R2-2004-0032 Revision of Final Site Cleanup Requirements for United Technologies Corporation, for the property located at 600 Metcalf Road, San Jose, Santa Clara County Other Business Adopted Revised Nonpoint Source Procedures Attachment to MOU Adoption of revised Nonpoint Source Procedures Attachment to Memorandum of Understanding between San Francisco Bay Conservation and Development Commission, State Water Resources Control Board, and San Francisco Bay Regional Water Quality Control Board Adopted Resolution No. R2-2004-0034 Adoption of Resolution Supporting Nomination to State Water Resources Control Board's Emergency, Abandoned, Recalcitrant (EAR) Underground Storage Tank Account for L&M Auto Service at 37810 Niles Boulevard, Fremont, Alameda County and Sunol Tree Gas Station at 3004 Andrade Road, Sunol, Alameda County Information Only Report by Harriette Heibel, Central Contra Costa Sanitary District, on Student Education Programs: Water Wizards and Sewer Science Information Item Information Only Case Closure Status Report on LUST Cleanup Program Item Continued Site Cleanup Requirements City of Richmond, for the property located at Terminal One, 1500 Dornan Drive, Richmond, Contra Costa County - Adoption of Site Cleanup Requirements |