Agenda April 2008

California Regional Water Quality Control Board

San Francisco Bay Region

Internet Address: http://www.waterboards.ca.gov/sanfranciscobay/

1515 Clay Street, Suite 1400, Oakland, California 94612

Phone (510) 622-2300 FAX (510) 622-2460

AGENDA

Wednesday, April 9 , 2008
9:00 a.m.

Elihu M. Harris Building
First Floor Auditorium
1515 Clay Street
Oakland, CA 94612

Approximate Time¹
9:00 a.m. 1.Roll Call and Introductions

2. Public Forum

Any person may address the Water Board regarding a matter within the Board’s jurisdiction that is not related to an item on this Meeting agenda. Comments will generally be limited to three minutes, unless otherwise directed by the Chair. Comments regarding matters that are scheduled for a future Meeting will generally be prohibited. The public is encouraged to visit the Board’s website [http://www.swrcb.ca.gov/rwqcb2/pub_notice.htm] or contact Board staff to determine whether a matter has been scheduled for a future Meeting.

3. Chairman’s, Board Members’, and Executive Officer’s Reports

Executive Officer's Report (pdf)

4. Consideration of Uncontested Items Calendar (See Notes.)

Staff Summary Report (pdf)

NPDES Permit and Waste Discharge Requirements

*A. Hanson Aggregates Marine Operations, Waterfront Road and Marina Vista Sand Reclamation Facilities, Martinez, Contra Costa County– Rescission of NPDES Permit and Waste Discharge Requirements [Tong Yin 622-2418, tyin@waterboards.ca.gov](Continued from the February 13, 2008 Board meeting)

Adopted Order No. R2-2008-0017 (pdf)
CEQA Exemption Form (pdf)
Transmittal of Final Order (pdf)
Staff Summary Report, Tentative Order, and Attachments (pdf)

Waste Discharge Requirements

*B. Cypress-Amloc Land Company, Hillside Class III Waste Disposal Site, Colma, San Mateo County – Adoption of Updated Waste Discharge Requirements, and Rescission of Waste Discharge Requirements Order No. 97-009 [Vic Pal 622-2403, vpal@waterboards.ca.gov]

Adopted Order No. R2-2008-0018 (pdf)
Staff Summary Report, Tentative Order and Attachments (pdf)

Site Cleanup Requirements

*C. SFPP, L.P., an operating partner of Kinder Morgan Energy Partners, L.P., for the SFPP, L.P. Brisbane Terminal, Brisbane, San Mateo County – Adoption of Updated Site Cleanup Requirements [Alec Naugle 622-2510, anaugle@waterboards.ca.gov]

Adopted Order No. R2-2008-0019 (pdf)
Transmittal of Final Order (pdf)
Staff Summary Report, Tentative Order and Attachments (pdf))

*D. Union Pacific Railroad Company, for the property located at the former Southern Pacific Rail Spur, Ravenswood Industrial Area, East Palo Alto, San Mateo County – Adoption of Final Site Cleanup Requirements [Mark Johnson 622-2493, mjohnson@waterboards.ca.gov]

Adopted Order No. R2-2008-0020 (pdf)
Staff Summary Report, Tentative Order, and Attachments (pdf)

*E. Bourns, Inc., for the property located at 1500 Space Park Drive, Santa Clara, Santa Clara County – Revision of Final Site Cleanup Requirements [Adriana Constantinescu 622-2353, aconstantinescu@waterboards.ca.gov]

Adopted Order No. R2-2008-0021 (pdf)
CEQA Exemption Form (pdf)
Staff Summary Report, Tentative Order, and Attachments (pdf)

Other Business

*F. Emergency, Abandoned, Recalcitrant (EAR) Underground Storage Tank Account – Adoption of Resolution Supporting Nomination to State Water Resources Control Board’s EAR Account [Marcia Liao 622-2377, mliao@waterboards.ca.gov]

Adopted Resolution No. R2-2008-0022 (pdf)
Transmittal of Final Order (pdf)
CEQA Exemption (pdf)
Staff Summary Report (pdf)

Information Item Requiring No Action

*G. Cleanup Programs– Case Closure Status Report [Chuck Headlee 622-2433, cheadlee@waterboards.ca.gov]

Staff Summary Report (pdf)

ENFORCEMENT

Referral to Attorney General

5. Cosco Busan Oil Spill– Hearing to Consider Resolution Authorizing Referral to Attorney General for Judicial Enforcement of November 2007 Oil Spill [Cecilio Felix 622-2343, cfelix@waterboards.ca.gov]

Adopted Resolution No. R2-2008-0023 (pdf)
Staff Summary Report (pdf)
Appendix A - Tentative Resolution (pdf)
Appendix B - City and State lawsuit (pdf)
Appendix B - Federal lawsuit (pdf)
Appendix C - ISPR Report(pdf)
Appendix D - Comment Letter (pdf)

PLANNING

6. Proposed Amendment to the Water Quality Control Plan (Basin Plan) for the San Francisco Bay Region to Establish a Total Maximum Daily Load (TMDL) and Implementation Plan for Pathogens in Richardson Bay– Hearing to Consider Testimony on Proposed Basin Plan Amendment [Farhad Ghodrati 622-2331, fghodrati@waterboards.ca.gov]

Staff Summary Report (pdf)
Appendix A: Proposed Basin Plan Amendment; Richardson Bay Pathogens TMDL (pdf)
Appendix B: Staff Report; Pathogens in Richardson Bay, Total Maximum Daily Load (pdf)
Appendix C: Comment Letters (pdf)

7. 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 Sonoma Creek and Implementation Plan for the TMDL and Related Habitat Enhancement Goals – Hearing to Consider Testimony on Proposed Basin Plan Amendment [Tina Low 622-5682, tlow@waterboards.ca.gov]

Staff Summary Report (pdf)
Appendix A - Proposed Basin Plan Amendment (pdf)
Appendix B - Staff Report (pdf)
Appendix C - Comment Letters (pdf)

8. Correspondence

OTHER BUSINESS

9. Site Cleanup Programs – Status Report [Stephen Hill 622-2361, shill@waterboards.ca.gov and Curtis Scott 622-2404, cscott@waterboards.ca.gov]

Staff Summary Report (pdf)

10. 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)].

11. 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)].

12. 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)].

13. Adjournment to the next Board meeting– May 14, 2008

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[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.

Water Board Members

Name	City of Residence	Appointment Category
John Muller, Chair	Half Moon Bay	Irrigated Agriculture
Terry F. Young, Vice Chair	Oakland	Recreation, Fish & Wildlife
Shalom Eliahu	Lafayette	Water Supply
James McGrath	Berkeley	Water Quality
Steven M. Moore	Sausalito	Industrial Water Use
William E. Peacock	Redwood City	Undesignated (Public)
Rameshwar Singh	San Jose	Water Quality
Vacancy		Municipal Government
Vacancy		County Government

Water Board Staff

Executive Officer	Assistant Executive Officers	Counsel to the Board
Bruce H. Wolfe	Thomas Mumley	Dorothy Dickey
	Dyan Whyte	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
	Judy Kelly, Project Manager	Gina Kathuria, Section Leader
Permits Division	Toxics Cleanup Division	Planning and TMDL Division
Lila Tang, Chief	Stephen Hill, Chief	Vacancy, Chief
Bill Johnson, Section Leader	John D. Wolfenden, Section Leader	Naomi Feger, Section Leader
Christine Boschen, Section Leader	Anders G. Lundgren, Section Leader	James Ponton, Section Leader
	Chuck Headlee, Section Leader
	Mary Rose Cassa, Section Leader