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May 8, 2013 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, May 8, 2013

9:00 a.m.

Water Quality Control Board
Board Meeting Room
9174 Sky Park Court
San Diego, CA 92123

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, April 23, 2013* 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, April 30, 2013, 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, April 23, 2013.

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 Meeting:  April 10-11, 2013.

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.

5. Information Item:  Water Quality Management Training Requirement of the Agricultural and Nursery Operations Waiver and the University of California Cooperative Extension Irrigated Lands Education Program.  The Board will take no formal action. (Julie Chan)

6. Information Item:  University of California, San Diego’s Phase II MS4 Permit. (Tony Felix)

7. General NPDES Permit Issuance:  General Waste Discharge Requirements for Discharges from Boatyards and Boat Maintenance and Repair Facilities Adjacent to Surface Waters within the San Diego Region (Tentative Order No. R9-2013-0026, NPDES No. CAG719001). (Kristin Schwall and Michelle Mata)

Ex parte communications are allowed in this matter subject to the disclosure requirements of Water Code section 13287, except that ex parte communications are prohibited for a period beginning 14 days before the board meeting at which the proposed order is scheduled for board action. For communications concerning any issue in this proceeding, ex parte communications are prohibited starting on April 24, 2013.  If the board does not take action on May 8, 2013, the ex parte prohibition will remain in place until the board, the Chair, or the Executive Officer directs otherwise.  Once lifted, the prohibition on ex parte communications may be reinstated for 14 days before the day of the board meeting to which the decision is continued.  The board will provide notice via the Lyris email list for this item if the prohibition is lifted and/or reinstated.

8. Administrative Civil Liability: Settlement Agreement and Stipulation for Order and Administrative Civil Liability Order, City of San Diego, Sanitary Sewer Overflow to Los Peñasquitos Creek, Peñasquitos Lagoon, and the Pacific Ocean.  Settlement to resolve violations of Order Nos. 2006-0003-DWQ and R9‑2007-0005 as set forth in Tentative Order No. R9-2013-0032.  The Settlement would impose monetary liability of $1,245,414 against the City of San Diego, of which $622,707 in liability would be paid to the State Water Resources Control Board's Cleanup and Abatement Account and $622,707 in liability would be suspended upon successful completion of an Enhanced Compliance Action as described in Tentative Order No. R9-2013-0032. (Barry Pulver)

9. Public Hearing: Issuance of a NPDES Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region (Tentative Order No. R9-2013-0001, NPDES No. CAS0109266).  Continued from April 11, 2013. (Wayne Chiu, Laurie Walsh, Christina Arias)

10. Arrangements for Next Meeting and Adjournment:

Wednesday, June 19, 2013 - 9:00 a.m.
Water Quality Control Board
Regional Board Meeting Room
9174 Sky Park Court
San Diego, California

11. CLOSED SESSION

The Board may meet in closed session to consider personnel matters [Authority: Government Code section 11126(a)]; to deliberate on a decision to be reached based upon evidence introduced in a hearing [Authority: Government Code section 11126(c)(3)]; or to discuss matters in litigation, including discussion of initiated litigation, significant exposure to litigation, or decisions to initiate litigation [Authority: Government Code section 11126(e)].  Litigation items that may be discussed are listed below by the type of item:

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. 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)

d. 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)

e. 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). (Catherine George Hagan)

f. 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

g. 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)

h. 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)

i. 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)

j. 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)

k. 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-2205(a) – (e), filed April 2012. (Frank Melbourn)

l. 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)

m. 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-2211, filed May 2012. (Joann Lim)

n. 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)

NOTIFICATIONS

A. Completed Cleanup Action – 30 Day Public Notice. City Cleaners, 224 Ocean Avenue, Laguna Beach, California - The San Diego Water Board intends to issue a no further action letter for completion of cleanup of pollutants at City Cleaners located in Laguna Beach, California.   This public notice fulfills the San Diego Water Board’s obligation to inform the public of the proposed actions pursuant to the State and Regional Water Quality Control Boards' Public Participation guidance document.  Impacted soil and groundwater have been remediated via in-situ bioaugmentation and soil vapor extraction. The residual concentrations of waste constituents in soil and groundwater do not appear to pose a threat to human health or the environment and the unauthorized release case can be closed.  Additional details about the case are available from the GeoTracker website at: http://geotracker.waterboards.ca.gov/profile_report.asp?global_id=SL0605959158 to obtain recent groundwater and remediation status reports.  Provided no significant issues arise during the public notification period, the San Diego Water Board will issue a no further action letter after May 7, 2013. (Barry Pulver)

B. 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 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 onto Sky Park Court (stoplight). Our building is located at the end of the court - veer to the right into the parking lot.