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December 12, 2012 San Diego Water 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, December 12, 2012

9:00 a.m.

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

The purpose of this meeting is for the San Diego Water 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 San Diego Water Board requests that all lengthy comments be submitted in writing in advance of the meeting date.  To ensure that the San Diego Water Board members and staff have the opportunity to review and consider written material, comments should be received in the San Diego Water Board's office no later than noon on Tuesday, November 27, 2012* 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 Board members and staff.  Written material submitted after 5:00 P.M. on Tuesday, December 4, 2012, will not be provided to the Board members and may not be considered by the San Diego Water 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 OR PROCEDURES FOR SUBMITTING WRITTEN MATERIALS.  IN THOSE CASES THE DIFFERENT DEADLINES OR PROCEDURES 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.  Type the word “Agenda” in the subject line.

Pursuant to Title 23, California Code of Regulations, section 648.4, the San Diego Water Board may refuse to admit written testimony or evidence into the record if it is not submitted to the San Diego Water Board in a timely manner and shall refuse to do so if admitting it would prejudice any party or the board, unless the proponent demonstrates 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 San Diego Water 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 San Diego Water Board’s office no later than noon on Tuesday, November 27, 2012.

Copies of the agenda items to be considered by the San Diego Water Board are posted on the San Diego Water 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 Board Chairperson.  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 Meetings:  November 13, 2012.

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 8 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. Mitigated Negative Declaration:  Leuthe Residence Onsite Wastewater Treatment System, San Diego County (Tentative Resolution No. R9-2012-0057) (Fisayo Osibodu).

6. Waste Discharge Requirements:  Leuthe Residence Onsite Wastewater Treatment System, San Diego County (Tentative Order No. R9-2012-0056) (Fisayo Osibodu)

7. NPDES Permit:  General Permit for the Discharge of Lanthanum-Modified Clay to Surface Waters of the United States in the San Diego Region (Tentative Order No. R9-2012-0063, NPDES No. CAG999003) (Ben Neill).

8. Administrative Civil Liability:  Ariel Suites, L.P., Mandatory Minimum Penalty for violations of Order No. R9-2007-0034.  The San Diego Water Board will consider adoption of a Tentative Order that would impose a $138,000 mandatory minimum penalty recommended in Complaint No. R9-2012-0065 for violations of effluent limitations prescribed in General Waste Discharge Requirements for Discharges from Temporary Groundwater Extraction and Similar Waste Discharges to San Diego Bay, Tributaries Thereto Under Tidal Influence, and Storm Drains or Other Conveyances Systems Tributary Thereto (WDR), Order No. R9-2007-0034, NPDES No. CAG919001.  The San Diego Water Board may approve or reject assessment of the recommended penalty.  If the San Diego Water Board rejects the Tentative Order, the matter may be rescheduled to a future public hearing, at which time the San Diego Water Board will consider assessment of civil liability (Frank Melbourn).

Remainder of the Agenda (Non-Consent Items):

9. Tentative Resolution:  Resolution in Support of a Regional Monitoring Framework (Lilian Busse).

10. Information Item:  San Dieguito Lagoon:  Restoration, Fill Removal, and Storm Water BMPs (Mike Porter and Tony Felix)

11. Public Workshop (continued):  The San Diego Water Board will hold a public workshop to receive information and discuss proposed requirements in the public draft of a Regional NPDES Permit for Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region (Tentative Order No. R9-2013-0001, NPDES No. CAS0109266).  The San Diego Water Board will not take any formal action on this item at the workshop. (Christina Arias and Laurie Walsh)

12. Closed Session - Discussion of Ongoing Litigation [Authorized under Government Code Section 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)

a. People of the State of California Ex Rel. the Regional Water Quality Control Board, San Diego Region v. Edward Drusina, 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). (David Gibson).

b. 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)

c. Surfrider Foundation v. California Regional Water Quality Control Board, San Diego Region, Petition for Writ of Mandate [re: San Diego Water Board’s adoption of Order No. R9-2009-0038 amending Order No. R9-2006-0065 for Poseidon Resources (Channelside), LLC, NPDES Permit No. CA0109223, approval of a Flow, Entrainment and Impingement Minimization Plan under the California Water Code].  San Diego County Superior Court, Case No. 37-2010-0009-436-CU-WM-CTL (filed April 2010). (Brian Kelley)

 d. California Regional Water Quality Control Board, San Diego Region v. Bill and Heidi Dickerson, Larry and Penelope Gunning and Perry & Papenhausen, Inc.  Complaint for Damages for Breach of Contract and for Specific Performance.  San Diego County Superior Court, Case No. 37-2010-00096011-CU-CO-CTL  (filed July 2010) (Jeremy Haas)

e. 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)

f. In re:  Citizens Development Corporation, Debtor and Debtor in Possession, Case No. 10-15142-LT11.  United States Bankruptcy Court, Southern District of California.  (San Diego Water Board Claim in Bankruptcy) (filed June 2011) (Catherine George Hagan)

g. 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). (Jessica Jahr)

h. 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)

Petitions for Review Pending Before State Water Resources Control 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 not listed in the agenda. The titles of these matters are available at the San Diego Water Board. Please contact Catherine George Hagan at chagan@waterboards.ca.gov or 858-467-2958 for more information.)

i. Petitions of the National Fireworks Association and Fireworks & Stage FX America Inc., Coastal Environmental Rights Foundation, and San Diego Coastkeeper (General National Pollutant Discharge Elimination System (NPDES) Permit Order No. R9-2011-0022 (NPDES No. CAG999002) for Residual Firework Pollutant Waste Discharges to Waters of the United States in the San Diego Region from the Public Display of Fireworks), SWRCB/OCC Files A-2164(a)-(c), filed June and July 2011. (Michelle Mata)

 j. Petition of Citizens Development Corporation (Water Code Section 13267 Investigative Order No. R9-2011-0033 dated September 14, 2011, Requiring Submission of Technical Reports Pertaining to Investigation of Lake San Marcos Nutrient Impairment, San Diego County), SWRCB/OCC File A-2185, filed October 2011.  (Laurie Walsh)

k. Petition of City of San Diego (Time Schedule Order No. R9-2011-0052 dated September 14, 2011, for the Kinder Morgan Energy Partners, Mission Valley Terminal Remediation Dewatering Discharge to Murphy Canyon Creek, San Diego County), SWRCB/OCC File A-2186, filed October 2011.  (Ben Neill)

l. Petition of Jack Eitzen (Administrative Assessment of Civil Liability Order Nos. R9-2011-0048 and R9-2011-0049 against Jack Eitzen for 38175 and 38155 Via Vista Grande, Murrieta, Riverside County), issued October 12, 2011), SWRCB/OCC File A-2193, filed November 2011.  (Rebecca Stewart)

m. Petitions for Review of San Diego Bay Shipyard Sediment Cleanup and Abatement Order No. R9-2012-0024 for National Steel and Shipbuilding Company (NASSCO), BAE Systems, San Diego Ship Repair (BAE Systems), Campbell Industries, City of San Diego, San Diego Gas & Electric (SDG&E) and San Diego Unified Port District (Port District) issued March 14, 2012.  Petitions for Review and Requests for Stay filed by NASSCO, BAE Systems and City of San Diego.  Petitions for Review w/o requests for stay filed by SDG&E, Star & Crescent Boat Company and Port District.  SWRCB/OCC File A-XXXX, filed April 2012.  (Frank Melbourn)

n. Petition of NASSCO for Review of Resolution No. R9-2012-0025 (Certifying Final Environmental Impact Report for San Diego Bay Shipyard Sediment Cleanup and Abatement Order No. R9-2012-0024), adopted March 14, 2012, SWRCB/OCC File A-XXXX, filed April 2012.  (Frank Melbourn)

o. Petition of South Laguna Civic Association for Review of Order No. R9-2012-0013, NPDES No. CA0107611, NPDES Permit Reissuance: South Orange County Waste Authority, Discharges to the Pacific Ocean via Aliso Creek Ocean Outfall, adopted April 11, 2012, SWRCB/OCC File A-XXXX, filed May 2012.  (Joann Lim)

p. Petition of City of San Diego for Review of Resolution No. R9-2012-0045, re NPDES Permit Notice of Enrollment Amendment for Kinder Morgan Energy Partners, June 13, 2012, SWRCB/OCC File A-XXXX, filed July 2012.  (Ben Neill)

13. Closed Session - 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 Section 11126(e)] (David Gibson).

14. Closed Session - 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 Section 11126(c)(3)].

15. Closed Session – 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 Section 11126(a)].

16. Arrangements for Next Meeting and Adjournment:

Wednesday, February 13, 2013 - 9:00 a.m.
Water Quality Control Board
Regional Board Meeting Room
9174 Sky Park Court
San Diego, California

NOTIFICATIONS

A. On December 18, 2012, the San Diego Water Board will hold a public workshop on its Strategy for Achieving Healthy Waters in San Diego Bay (San Diego Bay Strategy).  The purpose of the San Diego Bay Strategy is to identify how the San Diego Water Board will use its regulatory and enforcement authority to address sites with impaired water and/or sediment quality to achieve healthy waters in San Diego Bay.  The workshop will provide an opportunity to share information on this effort and to receive public comments.  The workshop will be held from 9:00 a.m. to 11:00 a.m. in the Board Room of the San Diego Water Board office.  The full public notice can be found at http://www.waterboards.ca.gov/sandiego/docs/Notice_of_Public_Workshop.pdf.  (Melissa Valdovinos)

B. Completed Cleanup Action - 30-day Notice.  The San Diego Water Board intends to issue a no further action letter for completion of cleanup of pollutants from leaking underground storage tanks (USTs) 922 I and II, 924, and 925 at Naval Outlying Landing Field, Imperial Beach, California.  This notification is made pursuant to California Code of Regulations, Title 23, section 2728.  The residual concentrations of fuel constituents in soil do not appear to pose a threat to human health and the environment and the unauthorized release case may be closed.  Additional details about these USTs are available on the GeoTracker website at: 
UST 922: https://geotracker.waterboards.ca.gov/regulators/screens/menu.asp?global_id=T10000000479.
UST 924: https://geotracker.waterboards.ca.gov/regulators/screens/menu.asp?global_id=T10000000480
UST 925:  https://geotracker.waterboards.ca.gov/regulators/screens/menu.asp?global_id=T10000000482

Provided no significant issues arise during the public notification period, the San Diego Water Board will issue a no further action letter in January 2013.  (Sherrie Komeylyan)

C. Follow the Board Meeting on Twitter:  Updates on the progress of the San Diego Water Board meeting will be posted on Twitter at www.twitter.com/SDWaterBoard.  The San Diego Water Board’s use of Twitter is a courtesy and is for informational purposes only.  It is not always reliable, and is not a substitute for personal attendance at a Board meeting.

DIRECTIONS TO THE 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.