HomeMy WebLinkAboutAgenda Central Valley Reg water quality BoardAGENDA
Public Meeting
Central Valley RegionalBC~iD~
Water Quality Control Boar~v
oACVU~~0gN1A
Thursday, November 29, 2012 - 6:00 p.m.
. Buttonwillow Recreation and Parks
556 Milo Avenue
Buttonwillow, CA 93206
Friday, November 30, 2012 - 8:00 a.m.
Doubletree Hotel
3100 Camino Del Rio Court
Bakersfield, CA 93308
OVERVIEW OF AGENDA ITEMS: Complete agenda information is on the following pages.
Thursday, November 29, 2012 - Buttonwillow, CA - fi:00 p.m.
Clean Harbor Waste Discharge Requirements Renewal, Kern County
The Board will take testimony on a proposed Order for the Clean I-]arbors Bu#tanwillow facility for closure of Class II (non-
hazardous) waste management units. The deadline for written testimony was 15 November 2012. Oral testimony may be
presented at the November 29 hearing in Buttonwillow. Fallowing receipt of all testimony, it is expected that the Regional
Board members will deliberate and vote on the proposed Order at the Buttonwood meeting. However, if a quorum of Board
members is not present for the Buttonwillow mee~fng, the item will be continued to the 61T December 2412 Regional Board
meeting in Rancho Cordova for deliberation and voting by a quorum of the Board. No additional written or oral testimony wiN
be accepted on this matter in Rancho Cordova.
Friday, November 30, 2012 -Doubletree Hotel, Bakersfield - 8:00 a.m.
Irrigated Lands Regulatory Program General Waste Discharge Requirements
7o protect surface water and groundwater quality from the impacts of wastewater from irrigated lands, the Regional Board is
in the process of developing and adopting General Waste Discharge Requirements for discharges of wastewater from
irrigated lands in the Central Valley. Seven Orders that allow growers to be represented by third-party groups are planned,
with six Orders covering specific watershed areas, ane Order covering a specific commodity {rice), and one Order will be
developed for those growers that are not part of a third-party group. All the General Waste Discharge Requirements deal with
similar issues for protection of surface and ground waters, but the implementation of actions to protect water quality may vary
considerably in the different watershed areas depending upon cropping, soils, rainfall and other factors that vary throughout
fhe Region.
Eastern San Joa9uin River Watershed. The Board will consider adoption of proposed General Waste Discharge
Requirements for the Eastern San Joaquin River Watershed area on December 7, 2012 in Rancho Cordova, which will be the
first of the irrigated lands general orders considered for adoption. Although it is planned that each order will be tailored to the
needs of the individual watershed area, there is considerable concern in fhe Tulare take Basin that the Eastern San ,loaquin
River Watershed order will se# precedence for all future orders. The Board has received numerous requests from people in
the southern San Joaquin Valley for the opportunity to comment on the proposed Eastern San Joaquin River Watershed
order. The Board will, therefore, conduct a special meeting in Bakersfield to accept oral testimony convenient to people in the
southern San Joaquin Valley. The hearing will then be continued to the December 7 meeting in Rancho Cordova where
additional public comments will be heard, and then the Board will deliberate and vote on the proposed order. Testimony on
fhe East San Joaquin River Watershed order given at both the Bakersfield and Rancho Cordova mee#ings will be park of the
record of the action and will be considered by the Board. Very limited Regional Board staff presentations will be made at the
Bakersfield meeting to maximize the time available for citizen comments on the proposed order. A full Board staff
presentation will be made at the Rancho Cordova meeting. A quorum of the Board is expected to be present at fhe November
30 meeting. If so, the Board will open the public hearing on the Order and continue the item until December 7. if a quorum of
Board members is not present on November 30. The Board will conduck a workshop on November 30 and open the hearing
on December 7. Either way, all comments and testimony given at the November 30 workshop will be incorporated into the
record and will be considered by the Board members.
Tulare Lake Basin Area WDRs. An administrative draft of the proposed General Waste Discharge Requirements for the
Tulare Lake Basin Area has been issued and an information workshop was held on August 21, 2012 in Tulare. Unfortunately,
the number of people attending the August 21 meeting exceeded the capacity of the meeting facility, so some people left the
meeting and were unable to speak to the Board. On November 30, an additional opportunity for people to address the Board
abouf the administrative draft Tulare Lake Basin Area order will be provided. There will be a limited Regional Board staff
presentation describing potential changes to the administrative draft order that are being considered by Board staff. The
Tulare Lake Basin Area order has not yet been circulated for formal public review and comment, and no date has been
scheduled for consideration of adoption of the order.
4
The purpose of this meeting is for the Board #o hear from concerned and affected persons and to make decisions or
provide guidance based on the information received. Persons who want to submit written comments or evidence on
any agenda item must comply with the Notice of Public Hearing,,for;the.•item and the Meeting Procedures described at
the end of the listing of Agenda items. Persons wishing to speak at the meeting should •complete an attendance card
and provide it to staff. Although filing out the attendance card is voluntary, we do appreciate receiving a card from all
persons in attendance. '' `'
Persons applying for, or actively supporting or opposing, waste discharge requirements before the Board must comply
with legal requirements if they or their agents have or propose contributing more than $250 to a Board member for an
election campaign. Contact the Board office for de#ails if you fall into this category.
Items showing times will begin no sooner than indicated. Items are numbered for identification purposes only and may not
be considered in order. They may, however, be delayed by previous items. Items scheduled for the first day of a multi-day
meeting may be delayed or continued to the next day of the meeting. The Board may conduct any scheduled hearing as a
Panel Hearing as allowed by law in the event of a lack of a Board member quorum. In the event that a Panel Hearing is
held, final action on that item will not be taken until a Board member quorum is present. Closed Session business is
normally conducted during the lunch break, although the Board may adjourn to Closed Session at any time. Depending on
the extent of Closed Session items, the lunch break may be lengthy. The -Board Chair will announce prior to any Closed
Session the anticipated time that the public session will resume. Law Enforcement~personnel~may be present at the Board
meeting.
Technical questions regarding agenda items should be directed to the responsible staff person whose name and direct
phone number are indicated by the agenda item. if no staff person is listed, or for general questions and requests for
agenda material, please contact Kiran Lanfranchi-Rizzardi at (916} 464-4839.
The facility is accessible to people with disabilities. Individuals requiring special accommodations are requested to
con#act Ms. 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.
Board agendas and the approved minutes of Board meetings are posted on the Board's website at
ht# :Ilwww.waterboards.ca. ovlcentralvalle Iboard infolmeetin sl
Copies of the items to be considered by the Board are pasted on the Board's website at
httpa/www.waterbaards.ca.govlcentralvalleylboard deeisionsltentative orders) organized by agenda item number.
A listing of pending applications for Water Quality Certifications, pursuant to section 409 of the Federal Clean Water
Act, may be obtained from the Board's website at httpalwww.waterbaards.ca.govlcentralvalleylpublic noticeslor by
calling the office mainline at (916} 464-3291
Electronic presentations for board meetings: Power Point and other electronic presentations are frequently presented at
the Regional Water Board Meetings. Please a-mail presentations to the Board Webmaster a#:
webmaster5(cr~,waterboards.ca.gav_ at least 24 hours in advance, or bring your files either on a USB Flash drive, or CD
ROM and give them to Board StafF priorto the star# of the meeting: Providing the electronicfiles in~ advance will allow
the Board Meeting to proceed without any interruption.
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TIME LIMITATIONS
In order to move the Board meeting along in a timely manner, and assure time for adequate consideration of items
later in the Agenda, the Chair may enforce maximum time limitations on each item. The goal is to complete all
presentations, crass-examination, Board deliberation and voting within the allotted time. Allotted times are listed on
the agenda following each item. Please consider the allotted time when preparing your presentations. Items with
specific times listed will not be heard before that time but may be heard later.
ELECTRONIC PRESENTATIONS FOR BOARD MEETINGS
Power Point and other electronic presentations are frequently presented at the Regional Water Board Meetings.
Please a-mail presentations to the Regional Board Webmaster at: webmaster5@waterboards.ca.gav at feast 24 hours
in advance, or bring your files either on a USB Flash Drive, or CD ROM and give them to Board Staff prior to the start
of the meeting. Providing the electronic files in advance will aElaw the Board Meeting to proceed without any
THURSDAY, NOVEMBER 29 -- 6:00 P.M. -- BUTTONWILLOW RECREATION AND PARKS
1. Introductions, Pledge of Allegiance.
3. Public Forum -Any member of the public may address the Board on any matter within the Board's jurisdiction
and not scheduled for consideration of this meeting, or pending before the Board (3 minute time limit per
subject) - 6:00 P.M.
4. Clean Harbors Buttonwillow, LLC Buttonwillaw, Kern County -Amend Special Order 98-165 For Closure of
Class 1! Waste Management Units. If a quorum of the Board is not present in Butkonwillaw, testimony will be
received in Buttonwillow, but voting on the proposed Order will be conducted at the next regular Regional
Board meeting on Thursday, December 6, 2012 in Rancho Cordova. [Doug Patteson (559) 445-5116]
FRIDAY, NOVEMBER 30 - 8:00 A.M. - DOUBLETREE HOTIi=L, BAKERSFIELD
Note: The Board intends to adjourn by 5:00 PM
5. Introductions, Pledge of Allegiance.
6. Meeting Rules and Procedures.
7. 'Public Farum -Any member of the public may address the Board on any matter within the Board's jurisdiction
and not scheduled far consideration at this meeting, or pending before fhe Board {3 minute time limit per
subject) - 8:00 A.M.
8. Waste Discharge Requirements General Order For Growers In The Eastern San Joaquin River Watershed
That Are Members Of The Third-Party Group - Consideration of proposed irrigated Lands Regulatory
Program Tentative Genera! Waste Discharge Requirements. The Board will hear testimony and public
comment an. the proposed ~Order.hut will not take action~an the~item at this meeting.
Note: Written comments on this item were due 6y 6 August 2012.] [Adam Laputz (916) 464-4848]
a) Regional Board staff presentation summarizing changes made to the tentative Order as the result of
public comments. (Time Limit » no more than 30 minutes)
b) Eastern San Joaquin River Watershed Coalition comments {Time Limit 15 minutes}
c) Agricultural Interests presents#ion on alterna#ives to the proposed order, if desired
(Time Limit 10 minutes)
d) Environmental Justice Groups comments on the proposed order, if desired
(Time Limit 10 minutes)
e} Public comments (3 minutes each, although additional time may be requested from the Chair)
f) Staff response to comments
3
Tulare Lake Basin Area General Waste Discharge Requirements - Continuation of 29 Augus# 2012
informatiana! item in Tulare to accept comments on administrative draft Irrigated Lands Regulatory Program
Genera! Waste Discharge Requirements for the Tulare Lake Basin Area. Informational Item Only [C[ay
Rodgers 559-445-5102]. Stakeholders need not repeat comments provided during the Eastern San Joaquin
River Watershed item (Item 8). Stakeholders will have the opportunity to provide additional written and oral
evidence and comments on the Tulare Lake Basin Area order after staff issues a proposed order. Such
written comments may include references to the Eastern San Joaquin River Watershed transcript.
a) Regional Board staff presentation summarizing changes under consideration as the result of public
comments {Time Limit - no more than 15 minutes}
b) Agricultural Interests presentation on alternatives to the proposed order if desired
(Time Limit 30 minutes}
c} Environmental Justice Groups comments on the proposed order if desired {Time Limit 30 minutes)
d) Public comments (3 minutes each, although additional time may be requested from the Chair).
CLOSED SESSION
The Board may meet in closed session to consider personnel matters [Authority: Government Code section
11126(a}]; to deliberate on a decision to be reached based upon evidence introduced in a hearing [Authority:
Government Code section 11126(c) (3)]; or to discuss matters in litigation, including discussion of initiated
litigation, significant exposure to litigation, ordecisions to initiate litigation [Authority: Government Code section
11126(e)]. Litigation items that may be discussed are listed below by the Type of item:
Litigation fled against the Central Valley Water Board andlor the State Water Board:
a. Bell Carter NPDES Permit -Environmental Law Foundation v. Central Valley Water Board (Tehama County Sup. Ct.,
Case No. 60668)
b. Preston Avery, an Individual, and Lais 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. C#., Case No. 06CS00399)
c. Dairy General Waste Discharge Requirements --Association de Gente Unida por el Agua et al. v. Central Valley Water
Board (Ca. Ct. of Appeal. 3`~ DCA, Case No. CD66410) Sacramento County Sup. Ct., No. 2008-00003604)
d. Dixon Commercial Park CAO - DCP v. State Water Board (Sacramen#o County Sup. Ct., Case No. 06C50D299), and
.ConAgra Foods and Monfort, [nc. v. Central Valley Water Board {Sofano County Sup. Ct., Case No. FCS027420)
e. EI Dorado Irrigation District NPDES Permit -California Sportfishing Protection Alliance v. Cen#ra[ Valley Water Board
(Sacramento County Sup. Ct., Case No. 34-2009-800003D9)
f. Greener Globe Landfill WDRs -Central Valley Water Board v. A Greener Globe Carp. et al. (Placer County Sup. Ct.,
Case No. SCV11383)
g. City of Manteca v. State Water Board et al. (Sacramento County Sup. Ct., Case No. 34-2011-80DDD-831)
h. Sacramento Regional County Sanitation Distric# v. Central Valley Water Board and State Water Board (Sacramento
County Sup. C#., Case No. 34-20'11-80001028).
i. Tehama Market ACL -Garland v. Central Valley Water Board (CA Third District Ct. of Appeal. Case No. 0067130)
j. Toxic Hot Spo#s -San Francisco Baykeeper, Inc. et al. v. State Water Board et al. (Sacramento County Sup. Ct., Case
No. 99CS02722)
k. City of Tracy v. State Water Board (San Joaquin County Sup. Ct., Case No. 39-2011-00256340-CU-JR-STK}
I. Tracy NPDES Permit R5-2007-0036 -Environmental Law Foundation and California SportFshing Protection Alliance v.
Central Valley Water Board (Sacramento County Superior Ct., Case No. 34-2DD9-OOD47273)
m. Vacaville NPDES Permit -City of Vacaville et al. v. Central Valley Water Board and State Water Board (Ca. Ct. of
Appeal, 151 DCA, Case No. A127207)
n. California Sportfshing Protection Alliance et al. v. Central Valley Water Board (Alameda County Sup. Ct., Case No.
RG12632180)
o. San Joaquin County Resource Conservation District California Farm Bureau Federation et a!. v. Central Valley Water
Hoard (Sacramento County Sup. Ct., Case No. 34.2012.80D01186)
4
Litigation filed by the Central Valley Water Board against other parties:
a. Aerojet Cleanup -Central Va]ley 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
Carp. 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-8B-0063-EJG}
b. Bonzi Landfill -Central Valley Water Board v. Ma-Ru Molding Company et al. (Stanislaus County Sup. Ct., Case No.
643740)
c. lron Mountain Mine Cleanup -Central Valley Water Board et al. v. Iron Mountain Mines, Inc. et al. (EDCaI, Case No.
CIV-S-91-7167-DFL-PAN) and U.S. v. Iron Mountain Mines, [nc. 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. City of Auburn Wastewater Treatment Plant, WDRs Order R5-2011-003 (Amending WDRs Order R5-2010-0090) [NPDES
Permit No. CA0077712] -Petition filed by Caffornia Sportfishing Protection Alliance
b. 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 >~fos.
A-1982 and A-1982(a)) . .
c. 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-1932)
d. Sacramento Regional Wastewater Treatment Plant, WDRs Order R5-2010-0114 [NPDES Permit No. CA0077682] -
Petitionsfiled by Sacramento County Sanitation District and the California Spor#fishing Protection Alliance (State Water
Board File No. A-2144)
e. Nevada County Sanitation District No. 1, Lake of the Pines WWTP, WDRs Order R5-2009-0031 [NPDES Permit No.
CA0081612] {State Water Board File No. A-2019)
f. City of Live Oak, NPDES Permit fZ5-2011-0034 and 7S0 R5-2009-0012-01 [NPDES Permit No. CA0079022] (State
Water Board File Nos. A-2172(a}and 2172(b})
g. James G. Sweeney and Amelia M. Sweeney, Administrative Civil Liability Order R5-2011-0068 (State Water Board File
No. A-2190)
h. James. G. Sweeney and Amelia M. Sweeney, Groundwater Monitoring Directive (State Water Board File No. A-2213}
i. James G. Sweeney and Amelia M. Sweeney, Administrative Civil Liability Order R5-2012-0070 (State Water Board File
Number To Be Assigned}
5
CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD
MEETING PROCEDURES
GENERAL MEETING RULES
The Central Valley Regional Water Quality Control Board {Central Valley Water Board, or Board} and staff welcome
information on issues and matters within the Board`s jurisdiction, but comments and submittals at the meeting should be
concise and directed to specifics of the item under discussion to enable the Board to be fully informed and take
appropriate action.
Persons wishing.to speak at the meeting are asked to complete an attendance card and provide it to staff. Although filling
out the attendance card is voluntary, we do appreciate receiving a card from all persons in attendance.
Any person planning to make a presentation to the Board tha# requires the use of visual aids {such as overheads, slides,
or video projector} should contact the assigned staff person to make arrangements before the meeting date in order to
avoid unnecessary delays during the meeting.
If the Meeting Procedures in this agenda conflict with a specific Notice of Public Hearing or Hearing Procedures
for a specific item, the Notice of Public Hearing or specific Hearing Procedures will control.
All interested persons may speak at the Board meeting, and are expected to orally summarize their written submittals.
Testimony and policy statements should be presented in writing prior to the mee#ing and only a summary of pertinent
paints presen#ed orally. Oral presentations (e.g., direct testimony, policy comments, cross examination and closing
statements} will be limited in time by the Board Chair. A timer may be used and speakers are expec#ed to honor the time
limits. Oral presentations must be relevant. Where speakers can be grouped by afFliation or interest, such groups will be
expected to select a spokesperson and not be repetitive. The Board will accommodate spokespersons by granting
additional time if other group members will not also be speaking.
Any person may submit comments in writing on any agenda item. Written comments shalt not be read into the record
unless allowed by the Board Chair. Persons who want #a submi# written materials for any agenda item must provide such
written documents to the Board office in advance of the meeting, which must be by the date and time specifed in the
applicable Notice of Public Hearing andlor Hearing Procedures. Materials received by the deadline and in compliance
with the Notice of Public Hearing andlor Hearing Procedures will be included in the administrative record. Staff may
provide written responses to commen#s. Late written materials will not be provided to Board members or included in the
administrative record, unless the Chair allows the late submission. A party requesting to submit late materials must
demonstrate good cause for the late submission, and the Chair must find that the late submission would not prejudice the
Central Valley Water Board or any designated party. The Chair may modify this rule if a party shows severe hardship.
Late submissions that consist of evidence {as opposed to policy statements} will generally be deemed prejudicial unless
all designated parties and Board staff have time to consider the evidence before the meeting. Written materials or other
documents submitted at the Board meeting must be provided first to Board counsel who will advise the Board regarding
acceptance into the record.
PROCEDURE FOR UNCONTESTED (CONSENT) AGENDA 1TEMS (see also 23 CCR 647.2(f)}
Uncontested or consent agenda items are items for which there appears to be no controversy and which can be acted
upon by the Board with limited or no discussion. Such items have been properly noticed and all interested parties consent
to the staff recommendation. The Board Chair will recognize late revisions submitted by staff and will then call for a
motion and vote by the Board.
ff any Board member or member of the public raises a question or issue regarding the item that requires Board
discussion, the item maybe removed from the consent calendar and considered in its numerical order an the agenda, or
in an order determined by the Board Chair. Anyone wishing to con#est a consent item on the agenda must appear in
person at the Board meeting and explain to the Board the reason the item is contested.
PROCEDURE FOR INFORMATION ITEMS (see also 23 CCR 649 et.seq.)
Information items are items presented to the Board for discussion only and far which no Board action or vote is taken.
The Board may, however, provide direction to staff. The Board usually will hear a presentation by staff, and comments by
Meeting Procedures 1 Updated January, 2012
interested persons shall also be allowed. Members of the public wishing to address the Board on the topic under
discussion should submit an attendance card beforehand indicating their request to speak to the Board. Time limits may
be imposed on interested persons.
PROCEDURE FOR ACTION ITEMS (see also 23 CCR 649 etseq.)
Contested agenda items are items to which the parties involved have not consen#ed and the staff recommendation is in
dispute. The procedure that applies to such items depends on the nature of the matter. Matters before the Board may be
quasi-legislative orquasi-judicial (adjudicative proceedings). Such items may require a public hearing and all interested
persons will be provided an opportunity ko make comments.
Contested agenda items that are adjudicative, not quasi legislative, are governed by the rules for adjudicative
proceedings. The regulations setting forth the procedures for adjudicative proceedings are codified in Title 23 California
Code of Regulations Division 3. Adjudicative proceedings before the Central Valley Water Board are governed by these
regulations as authorized by chapter 4.5 of the Administrative Procedure Act (commencing with section 11400 of the
Government Code). The regulations provide that, with certain exceptions, adjudicative proceedings will be conducted in
accordance with sections 800-805 of the Evidence Code and section 11513 of Chapter 5 of the Government Code. (Other
provisions of chapter 5 do not apply). A copy of those regulations and chapter 4.5 of the Administrative Procedure Act,
.......................Section 1.1513 of the Gove..rn.ment Code,.and sections 8Q1-805 of the Evidence Code can be found at
htt :Ilwww.waterboards.ca. ovllaws re ulatiansl
An adjudicative proceeding is a hearing to receive evidence for determination of facts pursuant to which the Board
formulates and issues a decision. A decision determines a legal right, duty, privilege, immunity, or other legal interest of a
particular person or persons. Examples of adjudicative proceedings include hearings to receive evidence concerning the
issuance of waste discharge requirements ar National Pollutant Discharge Elimination System (NPDES) permits;
concerning cease and desist orders; and concerning orders setting administrative civil liability. Adjudicative hearings are
not conducted according to the technical rules of evidence, and the Board will accept any evidence or testimony that is
reasonably relevant. The Notice of Public Hearing will set for the process for the hearing.
All persons testifying must state their name, address, affiliation, and whether they have taken the oath before testifying.
PROCEDURE FOR CONTESTED HEARINGS IN ADJUDICATIVE MATTERS (WASTE DISCHARGE OR WATER
RECYCLING REQUIREMENTS, NPDES PERMITS AND INVESTIGATION OR ENFORCEMENT ORDERS [CWC §§
132fi7, 13300-13308, 133$3])
All persons interested in a specific item should consult the Hearing Procedures issued for that item to see if any of the
following information is inapplicable. Contact Board staff if you do not know whether there are Hearing Procedures for the
item or if you need a copy. if the following conflicts with a specific Notice of Public Hearing or Wearing Procedures, the
Notice of Public Hearing or specific Hearing Procedures will control. All administrative civil liability orders are subject to
specific Hearing Procedures.
Designated parties may request these procedures: to call and examine witnesses; to have witnesses testify under oath; to
receive a wi#ness list from other designated parties; to introduce exhibits; to cross-examine opposing witnesses; to
impeach any witness; to rebut the evidence against him or her; to make or appose evidentiary objections; to make
opening nr closing statemen#s; or to have a prehearing conference with the Board's advisors. A request for these hearing
procedures must be received by khe Executive Ofticer at least five working days before the hearing, and must specify the
procedures the designated party is requesting.
Designated parties are any persons named in the proposed order. All other persons wishing to address the Board or
provide comments are interested persons and not designated parties. Such interested persons may request status as a
designated party far purposes of an item by submitting such request in writing to staff assigned to the matter, no later than
two weeks after the draft order is available for public comment. The request must explain the basis for status as a
designated party and, in particular, how the person is directly affected by the discharge.
Central Valley Water Board staff will designate a prosecution team to serve as a designated party for prosecutorial
matters, such as administrative civil liability. Advisory staff in prosecutorial matters, and all staff in non-prosecutorial
matters, are not designated parties but are present to assist the Board.
The order of testimony for adjudicative hearings generally will be as follows, unless modified by the Board Chair:
• Testimony {and cross-examination, if provided) of Board staff
Meeting Procedures 2 Updated January, 2012
• Testimony (and cross-examination, if provided) of discharger
• Testimony (and cross-examination, if provided} of other designated parties
• Statements of interested persons
• Closing statement by designated parties other than discharger
• Closing statement by discharger
• Closing statement by staff
• Recommendation by Executive Officer (as appropriate)
• Close hearing
• Deliberation and voting by Board
Closing statements shall be for the purpose of summarization and rebuttal, and are not to be used to introduce new
evidence or testimony, or to restate direct testimony. After considering evidence, testimony, and comments, the Regional
Board may choose to adopt an order regarding a proposed agenda item. Persons wishing to introduce exhibits (i.e.,
maps, charts, photographs) must leave them with the Board's Assistant Executive Officer. If you plan to use visual aids
such as PowerPoint slides, contact staff prior to the meeting to arrange for equipment set-up. You must provide a printed
or electronic copy of any visual aids. Photographs or slides of large exhibits are acceptable.
All Board files, exhibits, and agenda material pertaining to adjudicative proceedings on the agenda are hereby made a
part of the record.
OTHER INFORMATION
Quasi-legislative matters include rulemaking and some informational proceedings. These matters may include hearings
for the adoption or amendment of regulations; water quality control plans or state policy for water quality control and
hearings to gather information to assist the Board in formulating policy for future action. They are not adjudicative
proceedings and are subject to different procedures. (See PROCEDURE FOR ACTION ITEMS, above, and Cal. Code
Regs., title 23, § 649 et. Seq.}
Any person affected adversely by certain actions or failures to act of the Board may petition the State Water Resources
Control Board (State Water Board) according to California Water Code section 13320 and Title 23 California Code of
Regulations section 2050 et seq. The petition should be addressed to the Office of Chief Counsel at the State Water
Board The State Water Board must receive the petition within 30 days of the date of the Board meeting at which the
Board acted or failed to act. Copies of the law and regulations applicable far filing pe#itions (and cited above) will. be
provided upon request and are available at http:Ilwww.waterboards.ca.govllaws regulations
Any questions or comments regarding these procedures may be directed #o:
Kiran Lanfranchi~Rizzardi, Administrative Assistant
11020 Sun Center Drive, #200
Rancho Cordova, CA 95670
Telephone (916} 464-4839
e-mail: klanfranchiCc~waterboards.ca.gov
»»»»»»GGCCCCCCCCCC
Meeting Procedures 3 Updated January, 2042
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL VALLEY REGION
The primary duty of the Board is to protect the quality of the waters within the Region for all beneficial uses. This
duty is implemented by formulating and adopting water quality plans 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 PorEer-Cologne Water Quality Control Act.
BOARD MEMBERS
Karl E. Longley
Jon Costantino
Jennifer Lester MofFtt
Carmen L. Ramirez*
Sandra Meraz
Robert Schneider
CITY DF RESIDENCE
Fresno
Grass Valley
Davis
Atwater
Alpaugh
^aVIS
*Public member in accordance with CWC section 13201(c)
TERM EXPIRES
9/30/2013
9/30/2015
1/24/2013
913012fl13
9/30/2014
913 012 0 1 4
PameEa C. Creedon, Executive Officer
Kiran Lanfranchi-Rizzardi, Adminisfrative Assistant
David Coupe, Sr.Staff Course!
Patrick Pulupa, Staff Counsel
Alex Mayer, SfaffCaursel
1685 E Street
SACRAMENTO OFFICE Fresno, CA 93706
11020 Sun Center Drive, Suite 200 Telephone: (559) 445-5116
Rancho Cordova, CA 95670-6114 Fax: (559) 445-5910
Telephone: (916) 464-3291 Assistant Executive Officer:
Fax: (916) 464-4758 Clay Rodgers
Assistant Executive Officers:
Kenneth Landau
Richard Loncarovich
Supervisors•
Brian Newman
Diana C. Messina
Jerry Bruns
Duncan Austin
Seniors:
Anne Olson
Rudy Schnagl
Brett Stevens
Charlene Herbst
Cori Condon
Dan Radulescu
Daniel McClure
Elizabeth Lee
Gayleen Ferreira
Gerald Djuth
James Munch
Jeanne Chilcott
Joe Karkoski
Linda Bracamonte
Robert Busby
Wendy Wyels
Patrick Morris
Stephanie Fong
Steven Meeks
Sue McConnell
Steve Rosenbaum
Susan Fregien
Victor Izzo
Jim Marshall
Joe Mello
Marie McCrink
Supervisors:
Lonnie Wass
Doug Patteson
Seniors:
Dale Essary
Shelton Gray
Warren Gross
Dale Harvey
Daniel Carlson
Dane Johnson
David Sholes
Matt Scroggins
Russell Walls
REDOING OFFICE
364 Knallcrest Drive, Suite 205
Telephone: (530) 224-4845
Fax: {530} 224-4$57
Assistant Executive Officer:
Robert A. Crandall
Supervisor:
Bryan Smith
Seniors:
Angela Wilson Greg Cash
George Day Clint Snyder
FRESNO OFFICE