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HomeMy WebLinkAboutAgenda - Central Valley Reg Water Control Board ....... ..... AGENDA 8:3 0 @1 m. Thursday, Decernber 4, 2014 -8:30 a rn IJ Friday, mil) Ir 5, 2014 Public Meeting" M Cientral Valley Water �Board 1020 Sun Center # '1 Central Valley Regional 1 9 1�7 Raincho CordovaDdve, 200 , CA 95670 Water Quality Control Board QUAD, `' WEBCAST OF BOARD MEETING Live video broadcast of this meeting will be available at:!,ft!EL/ )q&La[p�p, C qo%dgroadcast/ . 9 t�j _ .-11-111-1.1-11-1 The Central Valley Board strives to conduct accessiible, orderly, and fair meetings. The Board abides by the following rules when conducting its meetings: • No person is required to register their name or provide other information to the Board in, order to attend a Board meeting, Completing an attendance card is voluntary, unless you wish to testify before the Board. • Anyone speaking to the Board will be requested to camplete an attendance card. • Anyone testifying in permit and enforcement actions will be required to complete an attendance card and affirm that any testimony that they provide is the truth by taking an oath. • Items on this Agenda are numbered for identification purposes gDly; the Board may consider these items out of their listed order. • Any item scheduled for the first day of a multi-day Board meeting may be delayed or continued to the next day, and items may also be moved from the second day to the first day. The Board may remove items from this Agenda without prior notice. • If the Board lacks a quorum, the Board may conduct a hearing as a Panel Hearing. However, the Board will not take final action: on such an, item until a quorum of the Board is present. Copies of the items to be considered by the Central Valley Water Board are posted on the Board's website at: bjjp.-,//www.water boards, a �c r r l[pyffjgrird decjsions/tentative orders/ Board agendas and the minutes of prior meetings are posted on the Board's website at, tuiu2,//w,fm,vv.water'bards.ca, lrtirt r r tin s/ Questions regarding individual items should be directed to the Board staff person whose name and phone number are indicated with the agenda item. If no staff person is listed, or for general questions, please contact Ms. Kiran Lanfranchi-Rizzardi at: (916)464-4839 or ldanfranch dtqr oa s.ca,!-L v The Board meeting will be conducted at a facility that is accessible to people with disabilities. Individuals requiring special accommodations are asked to contact Ms. Lanfranchi-Rizzardi at (916) 464-4839 at least 5 working days prior to the meeting. TTY users may contact the California Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922. A list of applications for Water Quality Certifications, which the Board issues pursuant to Section 401 of the t Clean Water Act, can be found at: http,)Yvvv�w.A �,5 �go\�/ (�, r ralval�e ELuk�Gc nofices/ gterboards.c or can be obtained by calling the Board at: (916)1464-3291. .............. 14. Control Program for Salt and Boron Discharges into the Lower San Joaquin Rive r—Consideration of Resolution Approving a Real Time Management Program for meeting salinity water quality objectives in the Lower San Joaquin River(LSJR) at Vernalis [Ji�m Brownell (916)464-4675] FRIDAY, DECEMBER 5, 2014 8:3 0 A,,M 15. Introductions, Pledge of Allegiance. 16. Meeting Rules and Procedures. 17. Board Member Communications—Board Members and the State Board Liaison Member may discuss meetings, communications, correspondence, or other items of general interest relating to matters within the Board's jurisdiction. There will be no voting or formal action taken. 18. Public Forum —Any member of the public may address the Board on any matter within the Board's jurisdiction and not scheduled for consideration at this meeting, or pending before the Board(3 minute time limit per subject) 19. Executive Officer's Report -�fo/exec office�r re 201� The Board will be asked to approve items 26 through 35 with no discussion if no one is here to testify about them. NPDES PERMITS 21. University of California, Davis, Main Wastewater Treatment Plant, Yolo County— Consideration of NPDES Permit Renewal(NPDES Permit CA0077895) [David Kim (91�6) 464-4761] OTHER BUSINESS 22. Status Report on the Dairy Program with emphasis on Representative Monitoring Program Activities Informational Item Only[Doug Patteso�n (5�59)445-5577] ENFORCEMENT 21 David L, & Linda M. Davis Trust of Madera County—Consideration of Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order[Brett Stevens, (916)464-4642] 24. Larry W. & Shireen 1. Slate of Merced County — Consideration of Administrative Civil Liability [Brett Stevens, (916)464-4642) 25. California Sprouts, LLC, Sacramento Facility, Sacramento County— Consideration of Administrative Civil Liability Order[Lucio Orellana (916)464-4660] UNCONTESTED CALENDAR (Cal. Code Regs,., tit. 23, § 647.2, subd. (f).) Uncontested items are those items that are not being contested at the Board Meeting and will be acted on without discussion. I'f any person or Board Member requests discussion, the item may be removed from the Uncontested Calendar and taken up in the regular agenda in an order determined by the Board Chair. ENFORCEMENT 26, City of EscMon Wastewater Treatment Facility, San Joaquin County—Consideration of Cease and Desist Order [Brendan Ken�n y(9 16)464-4635] 27. City of lone, lone Wastewater Treatment Facility, Amador County— Consideration of Revised Cease and Desist Order(Order R5-2012-0023) and Amended WDRs (Order R5-2013-0022) [Lixin Fu (916)464-4689] 28�. United Auburn Indian Community, Thunder Valley Casino Wastewater Treatment Plant, Placer County— Consideration,of Time Schedule Order To Comply with Waste Discharge Requirements Prescribed in, Order R5-2010-0005(NPDES Permit No. CA0084697) [Elizabethi Thayer(916)464-4671] ............... 29. City of Davis, Davis Wastewater Treatment Plant, Yolo County--Consideration of Time Schedule Order To Comply with Waste Discharge Requirements Prescribed in Order R5-2093-0927(NPDES Permit CA0079049) [David Kirn (916)464-4761] 30. Modoc Joint Unified School District, Geothermal Project, Modoc County—Consideration of Proposed Amendment to Time Schedule Order No. R5-2011-0045[Zack Chandler(530)224-4206] 31. Collins Pine Company, Chester Sawmill, Plumas County— Consideration of Proposed Adoption of Time Schedule Order{Zack Chandler(530) 224-4206] NPDES PERMIT 32. General Waste Discharge Requirements for Cold Water Concentrated Aquatic Animal Production Facility Discharges to Surface Waters— Consideration of Renewal of General NPDES Permit No. CAG135001 [Dania Jimmerson (916)464-4742] 33. WASTE DISCHARGE REQUIREMENTS a. City of Fresno and Consolidated Land Company and Consolidated Industries, Inc., North Fresno Wastewater Reclamation Facility, Fresno County, Order R5-2006-0090-01 (revised) b. City of Huron, Wastewater Treatment Facility, Fresno County, Order 87-092 (revised) c. Kings Waste and Recycling Authority, Corcoran Landfill, Class III Landfill, Post-Closure Maintenance and Corrective Action, Kings County, Order 5-00-159 (revised) d. Root Creek Water District, Riverstone Wastewater Treatment Facility, Madera County (new) e. SierraPine Limited, SierraPine—Ampine Division, Amador County—Waste Discharge Requirements (WDRs) Order R5-2008-0167(Amendment)and Rescinding NPDES CA0004219 and Updating WDRs 34. WDR/NPDES RESCISSIONS a. Adin Community Services District Wastewater Treatment System,Adin, Modoc County, Order 98-092 b. Bieber Sewage Treatment Facility, Bieber, Lassen County, Order No. 93-071 c. California Pines Community Services District Wastewater Treatment System, Alturas, Modoc County, Order 94-047 d. Fall River Mills Community Services District Wastewater Treatment System, Fall River, Shasta County, Order 94-048 e. Fresno County Waterworks District No. 38, Sky Harbour Wastewater Treatment Facility, Fresno County, Order 90-088 f. Intermountain Conservation Camp, Wastewater Treatment System, Bieber, Lassen County, Order 94-226 g. Kramer Quarry and Asphalt, Lassen County, Order 96-073 h. Lehigh Southwest Cement Company, Lake Britton Diatomaceous Earth Pit, Shasta County, Order 93-172 i. Sugar Pine Conservation Camp Wastewater Treatment System, Bella Vista, Shasta County, Order 5-00-261 35. CHANGE OF NAME/OWNERSHIP a. Erickson Processing, Inc., Gibbs California Wild Rice, Sutter County, Order R5-2004-0105 b. Fee A and Fee B Leases Devils Den Oil Field, Kern County, Order 58-487 c. Golden Hills MH & RV Park, Kern County, Order 86-230 d. Harris Moran Seed Company, Harris Moran Seed Research and Development Facility, Yolo County, Order R5-2003-0036 e. Jones Lease, Mount Poso Oil Field, Kern County, Order R5-2006-0050 f. Kathy Lease, Deer Creek Oil Field, Tulare County, Order 5-00-16303 g. Lake Isabella Wastewater Treatment Facility, Erskine Creek Road and Lake Isabella Boulevard Lake Isabella, Kern County, Order 84-149 h. RJM Enterprises, Rivercrest Vineyards, Inc., San Joaquin County, Order 5-00-021 i. Vedder Lease, Mount Poso Oil Field, Kern County, Order R5-2006-0051 CLOSED SESSION The Board may meet in closed session to consider personnel matters (Gov. Code, § 11126 subd. (a).), to deliberate on a decision to be reached based upon evidence introduced in a hearing (Gov. Code §, 11126, subd. (c)(3).), or to discuss matters in litigation, including discussion of initiated litigation, significant exposure to litigation, or decisions to initiate litigation (Gov. Code, § 11126, subd. (e).). Current litigation involving the Board: Litigation filed against the Central Valley Water Board and/or the State Water Board: a. California Sportfishing Protection Alliance v. California Regional Water Quality Control Board, Central Valley Region,et al. (Sacramento County Superior Court, Case No. 34-2013-80001358-CU-WM-GDS Case No. 60668) b. City of Manteca v. State Water Board et al. (Sacramento County Sup. Ct., Case No.34-2011-80000-831) c. Dairy General Waste Discharge Requirements—Association de Gente Unida par el Agua et al.v. Central Valley Water Board (Ca. Ct. of Appeal. 3`d DCA, Case No.C066410)(Sacramento County Sup. Ct., No.2008-00003604) d. ConAgra Foods and Monfort, Inc.v. Central Valley Water Board (Solano County Sup. Ct.,Case No. FCS027420) e. Greener Globe Landfill WDRs—Central Vailey Water Board v.A Greener Globe Corp. et al. (Placer County Sup. Ct., Case No. SCV11383) f. Irrigated Lands Coalition Waiver and Program EIR-San Joaquin County Resource Conservation District California Farm Bureau Federation et al.v. Central Valley Water Board; California Sportfishing Protection Alliance et al.v. Central Valley Water Board (Sacramento County Sup. Ct., Case No. 34-2012-80001186)(Consolidated Case No. RG 12632180) g. Preston Avery,an Individual,and Lois Avery, an Individual, and as Trustees of the Avery Family Revocable Trust of July 14,2000 v. State Water Board et al. (Sacramento County Sup. Ct., Case No.06CS00399) h. State Water Contractors, Inc.v. State Water Board and Central Valley Water Board (Sacramento County Sup. Ct., Case No. 34-2011-00107299) i. Toxic Hot Spots—San Francisco Baykeeper, Inc. et al.v. State Water Board et al. (Sacramento County Sup.Ct., Case No.99CS02722) j. Atlantic Richfield Company v. Central Valley Water Board (Sacramento County Sup. Ct., Case No. 34-2014-80001875) Litigation filed by the Central Valley Water Board against other parties: a. Aerojet Cleanup—Central Valley Water Board et al.v.Aerojet-General Corp.et al. (Sacramento County Sup. Ct., Case No.286073, consolidated with Case Nos. 288302 and 291981); Central Valley Water Board et al.v.Aerojet-General Corp. et al. (EDCaI, Case No. CIV-S-86-0064-EJG)consolidated with U.S. v.Aerojet-General Corp.et al., (EDCaI, Case No. CIV-S-86-0063-EJG) b. Bonzi Landfill—Central Valley Water Board v. Ma-Ru Holding Company et al. (Stanislaus County Sup. Ct., Case No. 643740) c. Iron Mountain Mine Cleanup—Central Valley Water Board et al. v. Iron Mountain Mines, Inc. et al. (EDCaI, Case No. CIV-S-91-1167-DFL-PAN)and U.S. v. Iron Mountain Mines, Inc. et al., (EDCaI, Case No. S-91-0768 DFL/JFM) d. Central Valley Water Board et al.v. Original Sixteen-to-One Mine, Inc. et al. (Sierra County. Sup.Ct., Case No. 7019) Petitions for Review of Central Valley Water Board Actions filed with State Water Board: a. Nevada County Sanitation District No. 1, Lake of the Pines WWTP,W DRs Order R5-2009-0031 [NPDES Permit No. CA0081612](State Water Board File No.A-2019) b. James G. Sweeney and Amelia M. Sweeney,Administrative Civil Liability Order R5-2011-0068 (State Water Board File No.A-2190) c. James. G. Sweeney and Amelia M. Sweeney, Groundwater Monitoring Directive(State Water Board File No.A-2213) d. James G. Sweeney and Amelia M. Sweeney,Administrative Civil Liability Order R5-2012-0070 (State Water Board File No.A-2225) e. Eastern San Joaquin Irrigated Lands General Waste Discharge Requirements, Order R5-2012-0116—Petitions filed by California Sportfishing Alliance et al.; San Joaquin County Resource Conservation District et al.;and Asociacion de Gente Unida por el Agua(AGUA)et al. (State Water Board File Nos.A-2239(a)through(c)) f. Irrigated Lands General Waste Discharge Requirements for Individual Growers, Order R5-2013-0100—Petition filed by Kern River Watershed Coalition Authority and Paramount Farming Company, LLC(State Water Board File No.A-2269) g. Tulare Lake Basin Area Irrigated Lands General Waste Discharge Requirements, Order R5-2013-0120—Petitions filed by Southern San Joaquin Valley Water Quality Coalition et al., Michael and Yvonne LaSalle,and Asociacion de Gente Unida por el Agua(AGUA)et al. (State Water Board File Nos.A-2278(a)through (c)) h. West San Joaquin River Watershed Irrigated Lands General Waste Discharge Requirements, Order R5-2014-0002— Petition filed by California Sportfishing Alliance et al. (State Water Board File number is unavailable) i. San Joaquin County and Delta Area Irrigated Lands General Waste Discharge Requirements,Order R5-2014-0029— Petition filed by California Sportfishing Alliance et al. (State Water Board File number is unavailable) j. Sacramento River Watershed Irrigated Lands General Waste Discharge Requirements, Order R5-2014-0030—Petition filed by California Sportfishing Alliance et al. (State Water Board File number is unavailable) k. Discovery Bay Wastewater Treatment Plant,WDRs Order R5-2008-0179[NPDES Permit No. CA007859]--Petitions filed by San Luis&Delta-Mendota Water Authority et al.and California Sportfishing Protection Alliance (State Water Board File Nos. A-1982 and A-1982(a)) I. Vacaville Easterly WWTP WDRs Order R5-2008-0055 and TSO R5-2008-0056[NPDES Permit No. CA0077691]—Petition filed by the City of Vacaville (State Water Board File No.A-1 932) m. City of Live Oak, NPDES Permit R5-2011-0034 and TSO R5-2009-0012-01 [NPDES Permit No. CA00790221(State Water Board File Nos.A-2172(x)and 2172(b)) n. City of Auburn Wastewater Treatment Plant,WDRs Order R5-2011-003(Amending WDRs Order R5-2010-0090) [NPDES Permit No. CA00777121—Petition filed by California Sportfishing Protection Alliance o. City of Tracy,WDRs Order R5-2012-0115[NPDES Permit No. CA0079154] (State Water Board File No.A-2238.) p. Tosta Dairy,Administrative Civil Liability Order R5-2013-0095--Petition filed by Henry J.Tosta, Henry J.Tosta Jr. Family Limited Partnership, and Henry J.Tosta Trust(State Water Board File No.A-2268). q. Walker Mine, Cleanup and Abatement Order R5-2014-0039--Petition and Request for Stay filed by Atlantic Richfield Company(State Water Board File number is unavailable) r. City of Stockton,WDRs Order No. R5-2014-0070[NPDES No. CA0079138]and Time Schedule Order No. R5-2014-0071, (State Water Board File No.A-2315) MEETING PROCEDURES The Central Valley Water Board circulates item-specific Notices and/or Hearing Procedures along with drafts of its Orders and Amendments. If there is a conflict between an item-specific Notice or Hearing Procedure and the Meeting Procedures in this Agenda, the item-specific Notice or Hearing Procedure will control. Please contact Board staff if you do not know whether there is a Notice or Hearing Procedure for a specific item. The statutes and regulations that govern the Central Valley Water Board's meetings can be found at: http://www.waterboards.ca.gov/laws regulations/ All persons may speak at a Central Valley Water Board meeting, and are expected to orally summarize their written submittals. Oral presentations will be limited in time by the Board Chair, and a timer may be used. Where speakers can be grouped by affiliation or interest, such groups are expected to select a spokesperson and to not be repetitive. The Board will accommodate spokespersons by granting additional time if other group members will not also be speaking. Written materials that are received after deadlines set by item-specific Notices and/or Hearing Procedures will not generally be admitted. Any person requesting to submit late materials must demonstrate good cause, and the Chair must find that the admission of the late materials would not prejudice the Central Valley Water Board or any designated party. The Chair may modify this rule to avoid severe hardship. PROCEDURE FOR HEARINGS IN ADJUDICATIVE MATTERS (including the issuance of Waste Discharge Requirements, NPDES Permits, Conditional Waivers, and certain Enforcement Orders, including Cleanup and Abatement and Administrative Civil Liability Orders) The regulations for adjudicative proceedings are found in California Code of Regulations, title 23, sections 648 et seq. An adjudicative proceeding is a hearing to receive evidence for the determination of facts pursuant to which the Board formulates and issues a decision. Evidence: Adjudicative hearings are not conducted according to the technical rules of evidence; the Board will accept any evidence that is reasonably relevant. It is the policy of the Board to discourage the introduction of surprise testimony and exhibits. Hearsay evidence may be used to supplement or explain other evidence. Designated Parties: Designated Parties are persons named in a proposed order, anyone who requests designated party status and is so designated by the Board, and, for prosecutorial matters, the Board's Prosecution Team. Designated Parties have the right to call and examine witnesses, receive witness lists from other Designated Parties, introduce exhibits, cross-examine opposing witnesses, rebut evidence, make or oppose evidentiary objections, and make opening and/or closing statements. Interested Persons: All persons who wish to participate in the hearing but who are not Designated Parties are Interested Persons. Interested Persons may present non-evidentiary policy statements or comments, either orally or in writing, but will not be subject to cross-examination. Interested Parties may be asked to respond to clarifying questions from the Board, staff, or others. Order of Proceeding: for adjudicative hearings, the proceeding will be generally be conducted in the following order, unless modified by the Board Chair or specified differently in an item-specific Notice or Hearing Procedure: ■ Testimony and cross-examination of Board staff, then testimony and cross-examination of the Designated Parties named in the Order or Permit, followed by testimony and cross-examination of other Designated Parties • Statements of Interested Persons • Closing statement by Designated Parties other than those named in the Order or Permit, then closing statement by Designated Parties named in the Order or Permit, followed by closing statement by Board staff • Recommendation by the Board's Executive Officer (as appropriate) ■ Close of the Hearing, followed by deliberation and voting by the Board Closing statements are not to be used to introduce new evidence or testimony. Persons wishing to introduce exhibits (i.e., maps, charts, photographs) must leave them with the Board. PROCEDURE FOR RULEMAKING AND INFORMATIONAL PROCEEDINGS (Including Basin Planning, Rulemaking, Setting of Policy, and Workshops) The regulations for rulemaking and informational proceedings are found in California Code of Regulations, title 23, sections 649 et seq. Rulemaking proceedings include hearings designed for the adoption, amendment, or repeal of any rule, regulation, or standard of general application. Informational proceedings include any hearings designed to gather and assess facts, opinions, and other information relevant to any matters within the jurisdiction of the Boards and whose primary purposes are to assist the Boards in the formulation of policy or guidelines for future Board action, to inform the public of Board policies, reports, orders, plans, or findings, and to obtain public comment and opinion with respect to such policies, reports, orders, plans, or findings, or to adopt such policies, reports, orders plans, or findings. For rulemaking and informational proceedings, the Board does not distinguish between Designated Parties and Interested Persons; the Board will accept any evidence that is reasonably relevant, provided that it is submitted in accordance with any item-specific Notice or Hearing Procedure. Order of Proceeding: for rulemaking and informational proceedings, the proceeding will be generally be conducted in the following order, unless modified by the Board Chair or specified differently in an item- specific Notice or Hearing Procedure: ■ Opening statement by the Board summarizing the subject matter and purpose of the proceeding ■ Presentation by Board staff ■ Presentations by all other persons • Recommendation by the Board's Executive Officer (as appropriate) ■ Close of the Hearing, followed by deliberation and voting by the Board (as appropriate) PETITION PROCEDURE Any person aggrieved by an action of the Central Valley Water Board may petition the State Water Board to review the action in accordance with Water Code section 13320 and California Code of Regulations, title 23, sections 2050 and following. The State Water Board must receive the petition by 5:00 p.m., 30 days after the date of the issuance of the Order, except that if the thirtieth day following the issuance of the Order falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board by 5:00 p.m. on the.next business day. Copies of the law and regulations applicable to filing petitions may be found at: http://www.waterboards.ca.gov/public notices/petitions/water qualit or will be provided upon request. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION The primary duty of the Central Valley Water Board is to protect the quality of the waters within the Central Valley Region for all beneficial uses. This duty is implemented by formulating and adopting water quality pians for specific ground or surface water basins and by prescribing and enforcing requirements on all agricultural, domestic, and industrial waste discharges. Specific responsibilities and procedures of the Boards and the State Water Resources Control Board are contained in the Porter-Cologne Water Quality Control Act. BOARD MEMBERS CITY OF RESIDENCE TERM EXPIRES Robert Schneider Davis 9/30/2014 Sandra Meraz AI au h 9/30/2014 Jon Costantino Grass Valle 9/30/2015 Jennifer Lester Moffitt Davis 9/30/2016 Carmen L. Ramirez* Atwater 9/30/2017 Karl E. Lon le Fresno 9/30/2017 *Public member in accordance with Water Code section 13201(c) Pamela C. Creedon, Executive Officer Kiran Lanfranchi-Rizzardi, Administrative Assistant David Coupe,Attorney/// Patrick Pulupa,Attorney M Andrew Deeringer,Attorney i SACRAMENTO OFFICE FRESNO OFFICE 11020 Sun Center Drive, Suite 200 1685 E Street Rancho Cordova, CA 95670-6114 Fresno, CA 93706 Telephone: (916)464-3291 Telephone: (559)445-5116 Fax: (916)4644758 Fax: (559)445-5910 Assistant Executive Officers: Assistant Executive Officer: Adam Laputz Clay Rodgers Andrew Altevogt Linda Bracamonte Supervisors: Lonnie Wass Supervisors: Doug Patteson Bob Chow Brett Braidman Seniors: Brian Newman Dale Essary Dane Johnson David King Shelton Gray David Sholes Duncan Austin Warren Gross Matt Scroggins Jeanne Chilcott Dale Harvey Russell Walls Joe Karkoski Daniel Carlson Nichole Morgan Robert Busby REDDING OFFICE Wendy Wyels 364 Knollcrest Drive, Suite 205 Redding, CA 96002 Seniors: Telephone: (530)224-4845 Anne Olson Joe Mello Fax: (530)2244857 Brett Stevens Marie McCrink Charlene Herbst Marty Hartzell Assistant Executive Officer: Cori Condon Patrick Morris Clint Snyder Daniel McClure Steve Rosenbaum Elizabeth Lee Steven Meeks Supervisor: Gayleen Perreira Sue McConnell Bryan Smith Gerald Djuth Susan Fregien Howard Hold Seniors: Jim Marshall Angela Wilson George Day George Low