Agenda February 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

February 13 , 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. Minutes of the January 30, 2008 Board Meeting

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

ENFORCEMENT

Mandatory Minimum Penalty

5. City of Petaluma, Wastewater Treatment Plant, Petaluma, Sonoma County – Hearing to Consider Mandatory Minimum Penalty for Discharge in Violation of Effluent Limitations [Farhad Azimzadeh 622-2310, fazimzadeh@waterboards.ca.gov]

Adopted Complaint No. MMP r-2007-0084
Staff Summary Report (pdf)
Appendix A, MMP r2-2007-0084 (pdf)
Appendix B, Signed Waiver (pdf)


NPDES PERMITS

6. General Waste Discharge Requirements for Discharges of Process Wastewaters from Aggregate Mining, Sand Washing, and Sand Offloading Facilities to Surface Waters – Reissuance of General NPDES Permit [Tong Yin 622-2418, tyin@waterboards.ca.gov]

Adopted R2-2008-0011 (pdf)
Signed CEQA (pdf)
Staff Summary Report and Tentative Order, Comment Letters, Response to Written Comments, Supplement to Comment Letters (pdf)

7. Hanson Aggregates Marine Operations, Waterfront Road and Marina Vista Sand Reclamation Facilities, Martinez, Contra Costa County – Rescission of NPDES Permit and WDRs [Tong Yin 622-2418, tyin@waterboards.ca.gov] (Continued)

Staff Summary Report, Revised Tentative Order, Comment Letter, Response to Written Comments (pdf)

PLANNING

8. Proposed Amendment to the Water Quality Control Plan (Basin Plan) to Establish a Total Maximum Daily Load (TMDL) and Implementation Plan for Polychlorinated Biphenyls (PCBs) in San Francisco Bay – Hearing to Consider Adoption of the Proposed Basin Plan Amendment [Thomas Mumley 622-2395, tmumley@waterboards.ca.gov]

Staff Summary Report (pdf)
Adopted Resolution R2-2008-0012 (pdf)
Appendix A: Tentative Resolution with Exhibit A, Proposed Basin Plan Amendment (pdf)
Appendix B: Proposed Basin Plan Amendment showing changes (pdf)
Appendix C: Supporting Staff Report (pdf, 3.2 MB)
Appendix D: Responses to Comments (pdf, 1.7 MB)
Appendix E: Comment Letters (pdf, 19MB)
Appendix F: September 12, 2007 Hearing Transcript (pdf)

OTHER BUSINESS

9. Habitat Protection/Restoration Programs – Status Report [Wil Bruhns 622-2327, wbruhns@waterboards.ca.gov]

Staff Summary Report (pdf)

10. Waste Disposal Control Programs – Status Report [Bill Johnson 622-2354, wjohnson@waterboards.ca.gov] (Continued)

Staff Summary Report (pdf)

11. Stormwater Management Programs – Status Report [Shin-Roei Lee 622-2376, srl@waterboards.ca.gov] (Continued)

Staff Summary Report (pdf)

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

Staff Summary Report (pdf)

13. Correspondence

14. 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)].

15. 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)].

16. 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)].

17. Adjournment to the next Board meeting – March 11 and 12, 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.

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.