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Performance Report

April 8, 2009 San Diego Regional Board Meeting

All links in the Agenda Items refer to supporting documents in Adobe Reader V8.0 format. Also, documents received by the Regional Board as a hard copy have to be scanned and have larger file sizes.


STATE OF CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION

AGENDA

Wednesday, April 8, 2009
9:00 a.m.

Water Quality Control Board
Regional Board Meeting Room
9174 Sky Park Court
San Diego, California


The purpose of this meeting is for the Regional Board to obtain testimony and information from concerned and affected persons and to make decisions based on the information received. Persons who want to submit written comments or evidence on any agenda item must comply with the procedures described in the agenda and agenda notes. Persons wishing to speak at the meeting should complete an attendance card (see Note F, attached to this Notice). The Regional Board requests that all lengthy comments be submitted in writing in advance of the meeting date. To ensure that the Regional Board has the opportunity to fully study and consider written material, comments should be received in the Regional Board's office no later than noon on Wednesday, March 25, 2009,* 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, maps, etc.,15 copies must be submitted for distribution to the Regional Board members and staff. Written material submitted after 5:00 P.M. on Wednesday, April 1, 2009 will not be provided to the Regional Board members and may not be considered by the Regional Board (See Note D, attached to this Notice).

*PLEASE NOTE THAT SOME ITEMS ON THE AGENDA MAY HAVE BEEN PREVIOUSLY NOTICED WITH EARLIER DEADLINES FOR SUBMITTING WRITTEN COMMENTS OR MAY HAVE A SEPARATE HEARING PROCEDURES DOCUMENT THAT ESTABLISHES DIFFERENT DEADLINES FOR SUMBITING WRITTEN MATERIALS. IN THOSE CASES THE DIFFERENT DEADLINES APPLY.

Comments on agenda items will be accepted by E-mail subject to the same conditions set forth for other written submissions as long as the total submittal (including attachments) does not exceed five printed pages in length. E-mail must be submitted to: rb9agenda@waterboards.ca.gov to insure consideration by the Regional Board. Type the word "Agenda" in the subject line.

Pursuant to Title 23, California Code of Regulations, Section 648.4, the Regional Board may refuse to admit written testimony into evidence if it is not submitted to the Regional 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.

NOTE D, attached to this Notice, refers to the procedures that will be followed by the Regional Board in contested adjudicatory matters if a separate Hearing Procedures Document has not been issued for a particular agenda item. Parties requesting an alternate hearing process must do so in accord with the directions in NOTE D. Any such request, together with supporting material, must be received in the Regional Board's office no later than noon on Wednesday, March 25, 2009.

Copies of the agenda items to be considered by the Regional Board are posted on the Regional Board's website at http://www.waterboards.ca.gov/sandiego/board_info/agendas

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 Chairman.

1. Roll Call and Introductions

2. PUBLIC FORUM: Any person may address the Board regarding a matter within the Board's jurisdiction that is not related to an item on this Meeting agenda and is not scheduled for a future Meeting.  Comments will generally be limited to three minutes, unless otherwise directed by the Chair. Any person wishing to make a longer presentation should contact the Executive Officer at least ten days prior to the meeting.

3. Minutes of Board Meeting: March 11, 2009.

4. Chairman's, Board Members', State Board liaison's 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.

Consent Calendar: Items 5 through 11 are considered non-controversial issues. (NOTE:  If there is public interest, concern or discussion regarding any consent calendar item or a request for a public hearing, then the item(s) will be removed from the consent calendar and considered after all other agenda items have been completed.)

5. Administrative Assessment of Civil Liability, North County Transit District, Sprinter Crouch Street Station Dewatering. The Regional Board will consider adoption of a tentative Order that would impose a $15,000 mandatory minimum penalty recommended in Complaint R9-2008-0020 for violations of effluent limitations prescribed in Order No. R9-2001-0096, NPDES No. CAG919002, General Waste Discharge Requirements for Groundwater Extraction Waste Discharges From Construction, Remediation, and Permanent Groundwater Extraction Projects to Surface Waters Within the San Diego Region Except for San Diego Bay. The Regional Board may approve, modify, or reject assessment of the recommended penalty. If the Regional Board rejects the tentative Order, the matter may be rescheduled to a future public hearing at which time the Regional Board will consider assessment of civil liability. (Tentative Order R9-2009-0043) (Jeremy Haas)

6. Negative Declaration: Garcia Residence Onsite Wastewater Treatment System, San Diego County (Tentative Resolution No. R9-2009-0025) (Cathryn Henning)

7. Waste Discharge Requirements, Garcia Residence, Onsite Wastewater Treatment System, San Diego Country (Tentative Order No. R9-2009-0007) (Cathryn Henning)

8. Update of Waste Discharge Requirements, California Department of Forestry and Fire Protection, Rainbow Conservation Camp, San Diego County (Tentative Order No. R9-2009-0009) (Fisayo Osibodu)

9. Revision of Waste Discharge Requirements, Riverside County Regional Park and Open Space District, Skinner Lake Recreation Area, Riverside County (Tentative Addendum No. 1 to Order No. 95-018) (Fisayo Osibodu)

10. Rescission of Waste Discharge Requirements, New Owl Rock Products, Wilson Creek San Mining and Processing Facility, Riverside County and North American Indian Missions Inc., Buffalo Valley Campground, Riverside County (Tentative Order No. R9-2009-139 rescinding Order Nos. 2000-139 and 95-046) (Fisayo Osibodu)

11.Revision of Waste Discharge Requirements, Louidar L.L.C., Mount Palomar Winery, Riverside County (Tentative Addendum No. 1 to Order No. 93-125) (Fisayo Osibodu)

Remainder of the Agenda (Non-Consent Items):

12. National Pollutant Discharge Elimination System (NPDES) Permit Reissuance: Waste Discharge Requirements for the Padre Dam Municipal Water District Padre Dam Water Recycling Facility Discharge to Sycamore Creek, Tributary to the San Diego River, San Diego County (Tentative Order No. R9-2009-0037, NPDES Permit No. CA0107492) (Melissa Valdovinos)

13. NPDES Permit Revision and Approval of Flow, Entrainment and Impingement Minimization Plan: Poseidon Resources Corporation, Proposed Carlsbad Desalination Project (Order No. R9-2006-0065, NPDES No. CA0109223). The Regional Board will consider approval of a March 9, 2009 Flow, Entrainment and Impingement Minimization Plan, including a Marine Life Mitigation Plan, required by section VI.C.2.e. of Order No. R9-2006-0065 and will consider related amendments to Order No. R9-2006-0065 to require the Discharger to implement and comply with the March 9, 2009 Minimization Plan under specified conditions of operation. Order No. R9-2006-0065 is not being reopened for any other purposes. The Regional Board requests that written public comments be submitted by 5 p.m. on April 1, but the public comment period will remain open for both oral and written comments until the Board considers the matter on April 8, 2009. As stated in the Notice of Public Hearing for this matter, the Regional Board discourages the submittal of oral and written comments that repeat comments submitted for consideration at the April 9, 2008 and February 11, 2009 Regional Board hearings concerning this matter, as those comments are already part of the record for this proceeding. (Tentative Order No. R9-2009-0038) (Michelle Mata)

14. Status Report: Aliso Creek Watershed, Orange County. The Regional Board requested a status report on current and proposed projects in the watershed. The report will include status of water quality of Aliso Creek and municipal runoff problems. The Regional Board will not consider taking action but may provide direction regarding Aliso Creek. (Chad Loflen)

15. Closed Session - Discussion of Ongoing Litigation [Authorized under Government Code Section 11126, subd. (e)] The Regional Board may meet in closed session to discuss ongoing litigation for the following cases:

a. People of the State of California Ex Rel. the Regional Water Quality Control Board, San Diego Region v. Carlos Marin, an individual in his capacity as Commissioner of the International Boundary and Water Commission, United States Section, et al., Complaint for Violations of the Clean Water Act and Related State Law Claims. United States District Court, Southern District of California, Case No. 01-CV-027BTM(JFS) (filed February 2001). (John Robertus)

b. Surfrider Foundation v. California Regional Water Quality Control Board -- San Diego Region and California State Water Resources Control Board; (Cabrillo Power I, LLC, Real Party-in-Interest), Petition for Writ of Mandate. San Diego County Superior Court, Case No. 37 2007-00069621-CU-PT-CTL (filed July 2007). (Brian Kelley)

c. William G. Dickerson and Heidi Dickerson, Husband and Wife; Larry Gunning and Penelope L. Gunning, Husband and Wife; and Perry & Papenhausen, Inc., a California Corporation v. San Diego Regional Water Quality Control Board, a Public Entity, Petition for Writ of Mandate. San Diego County Superior Court, Case No. 37-2007-00075846-CU-WM-CTL (filed September 2007). (Frank Melbourn)

d. 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)

e. Surfrider Foundation v. California Regional Water Quality Control Board -- San Diego Region, (Poseidon Resources, Real Party-in-Interest), Petition for Writ of Mandate. San Diego County Superior Court, Case No. 37-2008-00091983-CU-WM-CTL (filed September 2008). (Michelle Mata)

16. Closed Session - Consideration of Initiation of Litigation or Discussion of Significant Exposure to Litigation The Regional Board may meet in closed session to initiate or consider initiating litigation against persons who are alleged to have violated the Porter-Cologne Water Quality Control Act or the federal Clean Water Act or to discuss significant exposure to litigation [Authorized under Government Code Section 11126(e)] (John Robertus)

17. Closed Session - Deliberation on a Decision to be Reached Based on Evidence Introduced in a Hearing The Regional Board may meet in closed session to consider evidence received in an adjudicatory hearing and to deliberate on a decision to be reached based upon that evidence [Authorized under Government Code Section 11126(c)(3)]

18. Closed Session - Personnel The Regional Board may meet in closed session to consider personnel matters involving public employees [Authorized under Government Code Section 11126(a)]

19. Arrangements for Next Meeting and Adjournment

Wednesday, May 13, 2009 - 9:00 a.m.
Water Quality Control Board Regional Board Meeting Room
9174 Sky Park Court San Diego, California

DIRECTIONS TO REGIONAL BOARD MEETING

From Downtown: I-15 north - take the Aero Drive exit - turn left (west). Proceed to the 3rd stoplight, which is Ruffin Road – turn right. Turn left on Sky Park Court (stoplight). Our building is located at the end of the court – veer to the right into the parking lot.

From the North: I-15 south - take the Balboa Ave. exit - turn right (west). Proceed to the 2nd stoplight, which is Ruffin Road – turn left. Turn right on Sky Park Court (stoplight). Our building is located at the end of the court – veer to the right into the parking lot.