California Regional Water Quality Control Board
San Francisco Bay Region 1515 Clay Street, Suite 1400 Oakland, California 94612 Phone (510) 622-2300 FAX (510) 622-2460 AGENDANovember 16, 2005Approximate Time1 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. Appointment of Nominating Committee for 2006 Chair and Vice-Chair 4. Consideration of 2006 Board Meeting Schedule 5. Minutes of the October 19, 2005 Board Meeting 6. Chairman's, Board Members', and Executive Officer's Reports 7. Consideration of Uncontested Item Calendar *A. Mountain Cascade, Inc., East Bay Municipal Utility District, Kinder Morgan Energy Partners, LLP, and Contra Costa County Department of Public Works, for the property located along South Broadway between Rudgear Road and Newell Avenue, Walnut Creek, Contra Costa County - Adoption of Site Cleanup Requirements [Michael Rochette 622-2411, mrochette@waterboards.ca.gov] Staff Summary Report *B. Proposed Amendment to the Water Quality Control Plan (Basin Plan) for the San Francisco Bay Region for the 2005 General Update with Non-Regulatory Revisions - Adoption of Proposed Basin Plan Amendment [Sarah Raker 622-2377, sraker@waterboards.ca.gov and Steve Moore 622-2439, smoore@waterboards.ca.gov] Staff Summary Report Tentative Order Proposed Basin Plan Amendment text (Exhibit A) Appendix B - Partial Revised Text Proposed Basin Plan Amendment Figures (Exhibit A) (zip) Proposed Basin Plan Amendment Tables (Exhibit A) 8. C & H Sugar Company, Crockett, Contra Costa County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Farhad Azimzadeh 622-2310, fazimzadeh@waterboards.ca.gov] Staff Summary Report 9. Novato Sanitary District, Novato, Marin County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Myriam Zech 622-5684, mzech@waterboards.ca.gov] MMP No. R2-2005-0050 10. Proposed Amendment to the Water Quality Control Plan (Basin Plan) for the San Francisco Bay Region to Establish a Water Quality Attainment Strategy, Total Maximum Daily Load, and Implementation Plan for Diazinon and Pesticide-Related Toxicity in Urban Creeks - Hearing to Consider Adoption of Proposed Basin Plan Amendment [Bill Johnson 622-2354, wjohnson@waterboards.ca.gov] Staff Summary Report Supplemental - Staff Summary Report Attachment C replacement page 28 (page 27 included for double-sided printing) Attachment F replacement page 7 (page 8 included for double-sided printing) Attachments (zip) 11. Amendment to the Water Quality Control Plan (Basin Plan) for the San Francisco Bay Region to Establish San Francisco Bay Mercury Total Maximum Daily Load (TMDL) and Implementation Plan - Status Report on Remand by the State Water Resources Control Board - Information Item [Thomas Mumley 622-2395, tmumley@waterboards.ca.gov] Staff Summary Report Attachments (zip) 12. Land Disposal Program Update - Information Item [Terry Seward 622-2416, tseward@waterboards.ca.gov] Staff Summary Report 13. Property at 327 Moffett Boulevard, Mountain View, Santa Clara County - Hearing to Consider Procedural Options for Naming Additional Dischargers to Site Cleanup Requirements [Stephen Morse 622-2393, smorse@waterboards.ca.gov] Staff Summary Report Interested Parties' Response 14. Correspondence 15. Closed Session - Personnel 11:30 - 12:30 p.m. The Board may meet in closed session to discuss personnel matters. [Authority: Government Code Section 11126(a)]. 16. Closed Session - Litigation 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)]. 17. Closed Session - Deliberation The Board may meet in closed session to consider evidence received in an adjudicatory hearing and deliberate on a decision to be reached based on that evidence [Authority: Government Code Section 11126(c)(3)]. 18. Adjournment to the next Board meeting - January 11, 2006 [1] The “approximate time” indicated is an estimate of the time when the agenda item 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. NOTES ON WATER 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 an item be removed from the Uncontested Items Calendar, and it will be taken up in the order indicated by the agenda. 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 a.m. on the Thursday preceding the Board meeting. The staff member indicated on the agenda listing will assist in securing copies and answering questions. Conduct of Board Meetings - Items are numbered for identification purposes only, and may not necessarily be considered in this order. 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 or voice line at 1-800-735-2922. Materials presented to the Water 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 member 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)] Agenda Items on Administrative Civil Liabilities and Mandatory Minimum Penalties - A discharger may waive the 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. Petition of Water Board Actions - Any person adversely affected by a Water Board action may petition the State Water Resources Control Board for review of that action. Pursuant to section 2050© of Title 23 of the California Code of Regulations, such a petition of the Water Board's action on an agenda item shall be limited to those substantive issues or objections that were raised before the Water Board at the Board meeting or in timely submitted written correspondence delivered to the Water Board. A petition must be received by the State Board within 30 days of the Water Board meeting at which action was taken. Copies of the law and regulations applicable to filing petitions for review 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 Water 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 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 Water Board are prohibited from making a contribution of $250 or more to any Board member for 3 months following a Board decision on a permit application. Water Quality Certification - To obtain information regarding pending Section 401 Certification applications, call 622-2300. 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/ Water Board Members
Water Board Staff
The primary responsibility of the Water Board is to protect and enhance the quality of regional surface water and groundwater for beneficial uses. This duty is carried out by formulating, adopting, and implementing water quality plans for specific water bodies, by prescribing and enforcing requirements on 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. Meetings of the Water 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 meetings is to provide the Board with an opportunity to receive testimony and information from concerned and affected parties and to make decisions after considering the evidence presented. A public forum is held at the beginning of each general meeting where persons may speak on matters within the Board's jurisdiction that are not specific agenda items. 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 indicated by staff. Verbal comments made at the Board meeting should only summarize the written material. 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 House of Scribes at (209) 478-8200. CALIFORNIA REGIONAL
WATER QUALITY CONTROL BOARD
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