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Agenda January 2007

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

January 23, 2007
Approximate Time1 9:00 a.m.


1. Roll Call and Introductions


2. Election of Chair and Vice-Chair


3. 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.


4. Minutes of the November 13, 2006 Board Meeting and Minutes of the December 13, 2006 Board Meeting


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


6. Consideration of Uncontested Item Calendar

*A. International Business Machines Corporation, for the property located at 5600 Cottle Road, San Jose, Santa Clara County - Rescission of NPDES Permit [Lourdes Gonzales 622-2365]

Adopted Order No. R2-2007-0002
Staff Summary Report Tentative Order, and Comment Letter


*B. Sewage Authority Mid-Coastside, Wastewater Treatment Plant and Intertie Pipeline System, Half Moon Bay, San Mateo County - Reissuance of NPDES Permit [John Madigan 622-2405]

Adopted Order No. R2-2007-0003
Staff Summary Report
Response to Comments


*C. International Business Machines Corporation, for the property located at 5600 Cottle Road, San Jose, Santa Clara County - Amendment of Site Cleanup Requirements [Max Shahbazian 622-4824]

Adopted Order No. R2-2007-0004
Staff Summary Report
Appendix B - IBM Comments
Appendix C - IBM Location Map


*D. Honeywell International Inc., for the property located at 8333 Enterprise Drive, Newark, Alameda County - Adoption of Final Site Cleanup Requirements [Cherie McCaulou 622-2342]

Adopted Order No. R2-2007-0005
Staff Summary Report, Tentative Order and Attachments


*E. Leaking Underground Fuel Tank Cleanup Program - Status Report [Chuck Headlee 622-2433]

Staff Summary Report and Appendix A


7. City of Benicia Wastewater Treatment Plant, Benicia, Solano County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Myriam Zech 622-5684]

Adopted Order No. R2-2006-0072
Staff Summary Report
Transmittal Letter
MMP Complaint
Signed Waiver


8. City of American Canyon, Wastewater Treatment Plant, American Canyon, Napa County - Hearing to Consider Mandatory Minimum Penalty for Discharge of Partially Treated Wastewater to Waters of the State [Christine Boschen 622-2346]

Adopted Order No. R2-2006-0080
Staff Summary Report
MMP Complaint
Signed Waiver
Supplemental Environmental Project Preliminary Proposal


9. South Bayside System Authority, Wastewater Treatment Plant and Its Conveyance System, Redwood City, San Mateo County - Reissuance of NPDES Permit [John Madigan 622-2405]

Adopted Order No. R2-2007-0006
Staff Summary Report
Response to Comments


10. Central Marin Sanitation Agency, Wastewater Treatment Plant and Its Force Main, San Rafael, Marin County - Reissuance of NPDES Permit [Vince Christian 622-2336]

Adopted Order No. R2-2007-0007
Staff Summary Report
Response to Comments


11. Central Contra Costa Sanitary District, Wastewater Treatment Plant and Its Sewage Collection System, Martinez, Contra Costa County - Reissuance of NPDES Permit [Derek Whitworth 622-2349]

Adopted Order No. R2-2007-0008
Comments on Tentative Order
Response to Comments


12. Union Pacific Railroad Company, Daniel C. and Mary Lou Helix, Elizabeth Young, John V. Hook, Nancy Ellicock, Steven Pucell, and Contra Costa County Redevelopment Agency, for the property referred to as Hookston Station and located at 228 Hookston Road, Pleasant Hill, Contra Costa County - Adoption of Final Site Cleanup Requirements [Mary Rose Cassa 622-2447]

Adopted Order No. R2-2007-0009
Staff Summary Report, Tentative Order and Attachments


13. Proposed Amendment to the Water Quality Control Plan (Basin Plan) for the San Francisco Bay Region to Establish New Water Quality Objectives and a Total Maximum Daily Load (TMDL) and Implementation Plan for Mercury in the Walker Creek Watershed - Hearing to Consider Adoption of Proposed Basin Plan Amendment [Jill Marshall 622-2388]

Adopted Resolution No. R2-2007-0010
Staff Summary Report
B. Staff Report
C. Responses to Comments
D. Comment letters received during the comment period ending in January 2007
E. Comment letters received during the comment period ending in September 2006
F. October 11, 2006 Hearing Transcript


14. Proposed Amendment to the Water Quality Control Plan (Basin Plan) for the San Francisco Bay Region to Establish a Total Maximum Daily Load (TMDL) for Sediment in Napa River, and an Implementation Plan to Achieve the TMDL and Related Habitat Enhancement Goals - Hearing to Consider Adoption of Proposed Basin Plan Amendment [Mike Napolitano 622-2397]

Adopted Resolution No. R2-2007-0011
Staff Summary Report
Appendix A: Tentative Resolution and Proposed Basin Plan Amendment
Appendix B: Proposed amendment showing changes since June 30, 2006
Appendix C: Staff Report
Appendix D: Responses to Comments
Appendix E: Written Comments
Appendix F: Transcript of September 2006 testimony hearing


15. Correspondence 16. 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)].


17. 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)].


18. 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)].


19. Adjournment to the next Board meeting - March 14, 2007




[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 are available one week before the meeting at www.waterboards.ca.gov/sanfranciscobay/. Copies of agenda items may be obtained at the Board's office after 9 a.m. on the Thursday preceding the Board meeting from the staff member indicated on the agenda.

Conduct of Board Meetings - Items may not be considered in numerical 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 the 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)] 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
Margaret Bruce
Boulder Creek
Water Quality
Shalom Eliahu
Lafayette
Water Supply
William E. Peacock
Portola Valley
Undesignated (Public)
Clifford Waldeck
Mill Valley
Municipal Government
Terry Young
Oakland
Recreation, Fish or Wildlife
Vacancy
Industrial Water Use
Vacancy
Water Quality
  Water Board Staff
Executive Officer
Assistant Executive Officers
Counsel to the Board
Bruce H. Wolfe
Vacant
Dorothy Dickey
Yuri Won
Executive Assistant
Management Services Division
Communications Coordinator
Mary E. Tryon
Anna Torres, Chief
Sandia Potter
     
North Bay Watershed Management Division
South Bay Watershed Management Division
Groundwater Protection/Waste Containment Division
Wilfried Bruhns, Chief
Shin-Roei Lee, Chief
Curtis T. Scott, Chief
Susan Gladstone, Section Leader
Dale C. Bowyer, Section Leader
Terry Seward, Section Leader
William Hurley, Section Leader
Keith Lichten, Section Leader
John E. Kaiser, Section Leader
 
Marcia Brockbank, Project Manager
Gina Kathuria, Section Leader
     
Permits Division
Toxics Cleanup Division
Planning and TMDL Division
Lila Tang, Chief
Stephen Hill, Chief
Thomas Mumley, Chief
Bill Johnson, Section Leader
John D. Wolfenden, Section Leader
Naomi Feger, Section Leader
Robert Schlipf, Acting Section Leader
Anders G. Lundgren, Section Leader
Dyan Whyte, Section Leader
Christine Boschen, Section Leader
Chuck Headlee, Section Leader
 
 
Mary Rose Cassa, 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 second 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) 478-8017.


CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
San Francisco Bay Region
Summary of Board Actions Taken at the Regular Meeting December 13, 2006


NPDES Permits

Adopted Order No. R2-2006-0081 Rescission of NPDES Permit for Napa River Reclamation District #2109, Napa, Napa County

Adopted Order No. R2-2006-0082 Reissuance of NPDES Permit for Seafirth Estates Company and Property Owners within the Seafirth Estates Subdivision, Seafirth Estates Wastewater Treatment Plant and Its Sewage Collection System, Tiburon, Marin County

Waste Discharge Requirements

Adopted Order No. R2-2006-0083 Updated Waste Discharge Requirements and Rescission of Order No. 96-153 for County of San Mateo, Pescadero Solid Waste Disposal Site, Pescadero, San Mateo County

Site Cleanup Requirements

Adopted Resolution No. R2-2006-0084 Amendment of Revised Site Cleanup Requirements for Union Oil Company of California, Atlantic Richfield Company, Richard Koch (Trustee for the R&N Koch Trusts), Las Vegas II Storage, LLC, and Foster Chemical Company, for the properties located at 401 and 411 High Street, Oakland, Alameda County

Planning

Adopted Resolution No. R2-2006-0085 Adopted Resolution Allowing the Executive Officer to Make Minor, Non-Substantive Corrections, for Clarity or Consistency, to the Language of Resolution 01-064 and Resolution 01-065 Pertaining to the Long Term Management Strategy for the Disposal of Dredged Material in San Francisco Bay (LTMS) During the Approval Process by the State Board or the Office of Administrative Law

Adopted Resolution No. R2-2006-0086 Adopted Resolution Amending the Water Quality Control Plan (Basin Plan) to the San Francisco Bay Region to Establish New Water Quality Objectives and Implementation Plan for Cyanide in San Francisco Bay

Items Continued

NPDES Permit International Business Machines Corporation, for the property located at 5600 Cottle Road, San Jose, Santa Clara County - Rescission of NPDES Permit

NPDES Permit Sewage Authority Mid-Coastside, Wastewater Treatment Plant and Intertie Pipeline System, Half Moon Bay, San Mateo County - Reissuance of NPDES Permit

Site Cleanup Requirements International Business Machines Corporation, for the property located at 5600 Cottle Road, San Jose, Santa Clara County - Amendment of Site Cleanup Requirements



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