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Agenda October 2005

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


AGENDA

October 19, 2005
Approximate 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. Minutes of the September 21, 2005 Board Meeting


4. Chairman's, Board Members', and Executive Officer's Reports


5. Consideration of Uncontested Items Calendar

*A. Alameda Naval Air Station Skeet and Trap Club, Alameda Naval Air Station, Alameda, Alameda County - Rescission of Site Cleanup Requirements [Judy Huang 622-2363, jhuang@waterboards.ca.gov]

Staff Summary Report



*B. Zeneca Inc., Meade Street Operable Unit Subunit 1, Richmond, Contra Costa County - Rescission of Site Cleanup Requirements Order No. 01-101 [Cecilio Felix 622-2343, cfelix@waterboards.ca.gov]

Staff Summary Report
Tentative Order


*C. Zeneca Inc. and University of California Berkeley, Meade Street Operable Unit Subunit 2, Richmond, Contra Costa County - Rescission of Site Cleanup Requirements Order No. 01-102 [Cecilio Felix 622-2343, cfelix@waterboards.ca.gov]

Staff Summary Report
Tentative Order


*D. Authorizing the Executive Officer to Enter into an Agreement for Mutual Release and Covenant Not to Sue with Summit Commercial Properties, Inc., for the property at 901 and 902 Thompson Place, Sunnyvale, Santa Clara County - Adoption of Resolution [Max Shahbazian 622-4824, mshahbazian@waterboards.ca.gov]

Staff Summary Report
Tentative Order
Figure 2


*E. Leaking Underground Fuel Tank Cleanup Program - Status Report [Chuck Headlee 622-2433, cheadlee@waterboards.ca.gov]

Staff Summary Report
Table
Charts (Power Point)


6. Contra Costa County Sanitation District No. 5, Sewage Treatment Plant, Port Costa, Contra Costa County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Michael Chee 622-2333, mchee@waterboards.ca.gov]

Staff Summary Report
Tentative Order


7. Contra Costa County Sanitation District No. 5, Sewage Treatment Plant, Port Costa, Contra Costa County - Hearing to Consider Adoption of Time Schedule Order [Michael Chee 622-2333, mchee@waterboards.ca.gov] (Item 6 and Item 7 will be considered at the same time.)

Staff Summary Report
Tentative Order


8. 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 - Hearing to Consider Adoption of Proposed Basin Plan Amendment [Sarah Raker 622-2377, sraker@waterboards.ca.gov and Steve Moore 622-2439, smoore@waterboards.ca.gov] (Continued to next Board Meeting)

Staff Summary Report
Appendix A - Tentative Resolution
Appendix B - Staff Report
Appendix D
Appendix E
List of Figures
Figures (zip)
Exhibit A - Text
Exhibit A - Tables



9. 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 Receive Testimony on Proposed Amendment [Bill Johnson 622-2354, wjohnson@waterboards.ca.gov]

Staff Summary Report
Appendix A
Appendix B - Public Comment


10. City of Petaluma, Water Pollution Control Plant, Sonoma County - Reissuance of NPDES Permit [Tong Yin 622-2418, tyin@waterboards.ca.gov]

Staff Summary Report
Tentative Order comments
Attachments (zip)
Response to comments
Attachment to Response to comments


11. Resolution in Support of Programs for Inspection and Rehabilitation of Private Sewer Laterals - Adoption of Resolution [Michael Chee 622-2333, mchee@waterboards.ca.gov]

Staff Summary Report

12. Correspondence


13. 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)].


14. 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)].


15. 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)].


16. Adjournment to the next Board meeting - November 16, 2005




[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 AGENDA


Agenda 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: http://www.waterboards.ca.gov/sanfranciscobay/

Water Board Members

Name
City of Residence
Appointment Category
John Muller, Chair
Half Moon Bay
Irrigated Agriculture
Mary C. Warren, Vice Chair
Dublin
County Government
Kristina Brouhard
Oakland
Industrial Water Use
Margaret Bruce
Boulder Creek
Water Quality
Josephine De Luca
Redwood City
Undesignated (Public)
Shalom Eliahu
Lafayette
Water Supply
Clifford Waldeck
Mill Valley
Municipal Government
Gary Wolff
Castro Valley
Water Quality
Vacancy
Recreation, Fish or Wildlife

 

Water Board Staff

Executive Officer
Assistant Executive Officers
Counsel to the Board
Bruce H. Wolfe
Lawrence P. Kolb
Yuri Won
Stephen I. Morse
Dorothy Dickey
Executive Assistant
Mary E. Tryon
North Bay Watershed Management Division
Groundwater Protection/Waste Containment Division
Toxics Cleanup Division
Wilfried Bruhns, Acting Chief
Curtis T. Scott, Chief
Stephen A. Hill, Chief
Susan F. Gladstone, Section Leader
Terry Seward, Section Leader
John D. Wolfenden, Section Leader
William B. Hurley, Section Leader
John E. Kaiser, Section Leader
Anders G. Lundgren, Section Leader
South Bay Watershed Management Division
Gina Kathuria, Section Leader
Chuck Headlee, Section Leader
Shin-Roei Lee, Chief
Dale C. Bowyer, Section Leader
   
Keith Lichten, Section Leader
   
Marcia Brockbank, Project Manager
Permits Division
Planning and TMDL Division
Management Services Division
Lila Tang, Chief
Thomas Mumley, Chief
Aleathia Gary, Acting Chief
Greg H. Walker, Section Leader
Steve Moore, Section Leader
Ann Powell, Section Leader
Dyan Whyte, Section Leader
Bill Johnson, Section Leader

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
San Francisco Bay Region


Summary of Board Actions Taken at the Regular Meeting
September 21, 2005 Enforcement Action Time Schedule Order Adopted Order No. R2-2005-0048 Adopted Time Schedule Order for East Bay Municipal Utility District, Special District No. 1, Wet Weather Facilities, Oakland, Richmond, Alameda and Contra Costa Counties

NPDES Permits Adopted Order No. R2-2005-0039 Reissuance of NPDES Permit for Bay Ship & Yacht Company, Alameda, Alameda County Adopted Order No. R2-2005-0040 Reissuance of NPDES Permit for Kobe Precision Inc., Hayward, Alameda County Adopted Order No. R2-2005-0041 Reissuance of NPDES Permit for Tesoro Refining & Marketing Company, Martinez, Contra Costa County Adopted Order No. R2-2005-0047 Reissuance of NPDES Permit for East Bay Municipal Utility District, Special District No. 1, Wet Weather Facilities, Oakland, Richmond, Alameda and Contra Costa Counties Site Cleanup Requirements Adopted Order No. R2-2005-0042 Rescission of Site Cleanup Requirements for Intel Corporation, for the Fab 1 facility located at 3601 Juliette Lane, Santa Clara, Santa Clara County Water Reuse Requirements Adopted Order No. R2-2005-0043 Revised Water Reuse Requirements for Carneros Inn and L. Perez & Sons Vineyard, Carneros Region, Napa County Other Business Adopted Resolution No. R2-2005-0044 Adopted Resolution Requesting State Water Resources Control Board Authorization for the SWRCB Executive Director to Sign Two New Grant Agreements with the U.S. Department of Energy Adopted Resolution No. R2-2005-0045 Adopted Resolution Authorizing the Executive Officer to Enter into an Agreement for Mutual Release and Covenant Not to Sue with the City of Hayward and Browman Development Company for the Proposed Sky West Plaza Shopping Center, Hesperian Boulevard and A Street, Hayward, Alameda County Planning Adopted Resolution No. R2-2005-0046 Adopted Resolution to Amend the Water Quality Control Plan for the San Francisco Bay Region to Establish a Total Maximum Daily Load and Implementation Plan for Pathogens in Tomales Bay Watershed

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