Agenda September 2007

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

September 12 , 2007
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 August 8, 2007 Board Meeting    

Staff Summary Report (pdf)
Minutes of the August 8, 2007 Board Meeting (as corrected) (pdf)

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

Staff Summary Report (pdf)
Executive Officer's Monthly Report (pdf)

5.  2007 Dr. Teng-chung Wu Pollution Prevention Award – Presentation of Award in Recognition of Exceptional Accomplishments in Pollution Prevention in the San Francisco Bay Area [Heather Ottaway 622-2116, hottaway@waterboards.ca.gov]

Staff Summary Report (pdf)

6.   Consideration of Uncontested Item Calendar (See Notes.)

Staff Summary Report (pdf)

   NPDES Permit
                            
*A.  General Chemical West, LLC, General Chemical Pittsburg Plant, Pittsburg, Contra Costa County –Termination of NPDES Permit [Adrienne Miller 622-2415, admiller@waterboards.ca.gov]

Transmittal Letter of Final Order (pdf)
Adopted Order No. r2-2007-0065 (pdf)
Staff Summary Report, Tentative Order, Written Comments and Response to Written Comments (pdf)
      
  ENFORCEMENT

  Administrative Civil Liabilities

7.  Mr. John Travis, 162 San Lazaro Avenue, Sunnyvale, Santa Clara County – Hearing to Consider Imposition of Administrative Civil Liability or Referral to the Attorney General for Late Technical Report [Nathan King 622-3966, nking@waterboards.ca.gov]

Adopted Order No. r2-2007-0052
Staff Summary Report, ACL, Signed Waiver, and Location Map (pdf)

8.  Mr. Donald Medeiros, 154 San Lazaro Avenue, Sunnyvale, Santa Clara County – Hearing to Consider Imposition of Administrative Civil Liability or Referral to the Attorney General for Late Technical Report [Nathan King 622-3966, nking@waterboards.ca.gov]

Transmittal Letter of Final Order (pdf)
Adopted Order No. r2-2007-0066 (pdf)
Staff Summary Report, ACL, 13267 Letter, and Attachments (pdf)

    Mandatory Minimum Penalty

9. City and County of San Francisco, San Francisco International Airport, Water Quality Control Plant, San Mateo County – Hearing to Consider Mandatory Minimum Penalty for Discharge in Violation of Effluent Limitations [Carolina Silva 622-2485, csilva@waterboards.ca.gov]

Adopted Order No. r2-2007-0036
Staff Summary Report, MMP, Signed Waiver (pdf)

  PLANNING

10.  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 Receive Testimony on Proposed Basin Plan Amendment (No Action Will Be Taken) [Fred Hetzel 622-2357, fhetzel@waterboards.ca.gov]  

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

   SITE CLEANUP REQUIREMENTS

11.  Port of Richmond, Vopak North America, Inc., and United Molasses Company for Port of Richmond Terminal 4, Richmond, Contra Costa County – Adoption of Site Cleanup Requirements [Terry Seward 622-2416, tseward@waterboards.ca.gov]  

Adopted Order No. r2-2007-0067 (pdf)
Staff Summary Report, Revised Tentative Order, and Attachments (pdf)

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)].

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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.

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
San Francisco Bay Region

Summary of Board Actions Taken at the Regular Meeting

August 8 , 2007

Enforcement Action

Administrative Civil Liability

Complaint No. R2-2007-0016                          Administrative Civil Liability for City of Pacifica, Rockaway Beach Pump Station, Pacifica, San Mateo County in the amount of $190,000.  $170,000 may be used for a supplemental environmental project. 

Mandatory Minimum Penalty

Complaint No. R2-2007-0018                          Mandatory Minimum Penalty for Sausalito-Marin City Sanitary District, Wastewater Treatment Plant, Sausalito, Marin County in the amount of $204,000.  $109,500 may be used for a supplemental environmental project.

NPDES Permits and Cease and Desist Orders

Adopted Order No. R2-2007-0054                   Reissuance of NPDES Permit for Sausalito-Marin City Sanitary District, Wastewater Treatment Plant and Its Collection System, Sausalito, Marin County

Adopted Order No. R2-2007-0055                   Adoption of Cease and Desist Order for
Sausalito-Marin City Sanitary District, Wastewater Treatment Plant and Its Collection System, Sausalito, Marin County  

Adopted Order No. R2-2007-0056                   Reissuance of NPDES Permit for Sewerage Agency of Southern Marin, Wastewater Treatment Plant and Its Collection System, Mill Valley,
Marin County

Adopted Order No. R2-2007-0057                   Adoption of Cease and Desist Order for
Sewerage Agency of Southern Marin, Wastewater Treatment Plant and Its Collection System,
Mill Valley, Marin County

Adopted Order No. R2-2007-0058                   Reissuance of NPDES Permit for City and County of San Francisco, San Francisco International Airport, Mel Leong Treatment Plant, Sanitary Plant,
San Mateo County

Adopted Order No. R2-2007-0059                   Adoption of Cease and Desist Order for
City and County of San Francisco, San Francisco International Airport, Mel Leong Treatment Plant, Sanitary Plant, San Mateo County

Adopted Order No. R2-2007-0060                   Reissuance of NPDES Permit for City and County of San Francisco, San Francisco International Airport, Mel Leong Treatment Plant, Industrial Plant,
San Mateo County

Adopted Order No. R2-2007-0061                   Adoption of Cease and Desist Order for
City and County of San Francisco, San Francisco International Airport, Mel Leong Treatment Plant, Industrial Plant, San Mateo County
                                                                          
Adopted Order No. R2-2007-0062                   Reissuance of NPDES Permit for Browning-Ferris Industries, Corinda Los Trancos Landfill, Half Moon Bay, San Mateo County

Adopted Order No. R2-2007-0063                   Adoption of Cease and Desist Order for
Browning-Ferris Industries, Corinda Los Trancos Landfill, Half Moon Bay, San Mateo County  

Waste Discharge Requirements

Adopted Order No. R2-2007-0053                   Adoption of New Waste Discharge Requirements for Dublin San Ramon Services District, Dedicated Land Disposal Site, Class II Land Treatment Unit, Pleasanton, Alameda County