HomeMy WebLinkAboutCentral Valley Reg Water Control Board AgendaA[;Ftinn
- --- --~~•~~~~ ~~ uasea on the information received. ' V"" ~~ ~"'~ ~"d"On tr°m concerned and affec#ed parties
f ersons who want to submit written comments or evidence on any agenda item must comply with the
Hearing far the i#em and the Meetina Procedures described at the end of the fisting of Agenda items. P
to speak at the meeting should complete an attendance card and provide it fa stafF. AI#hough fillin outNo#fce of Public
card is voluntary, we do a ersons wishing
pprecia#e receiving a card from al! persons in attendance. g he attendance
Persons applying for, or actively supporting or opposing, waste discharge requirements before the Soar
wi#h legal re4uiremen#s ff they or their agen#s have or propose contributing more than $250 #o a Board
election campaign. Contact the Board office for details if you fall into this category, d must comply
member far an
Items showing times wilt begin no sooner than indicated. Items are numbered for identifica#ion ur os
be considered in order. They may, however, be defy ed b
Y y previous items. Items scheduled for the first day of a multi-day
meeting maybe delayed or continued tv the next day of the meeting The Board may conduct an psched nfy and may not
Panel Hearing as allowed by law fn the event of a lack of a Board member quorum, fn the event that a
held, final action on tha# item will not be taken unfit a Board member quorum is present. Closed Sessf ufed hearing as a
normally conducted during the lunch break, although the Board may adjourn to Closed Session at an tf?mnef Hearing is
the extent of Closed Session items, the lunch break may be lengthy. The Board Chair will announce on business is
Session the anticipated time that the public session will resume: Law Enforcement personnel ma bey e. Cepending on
meeting, p for to any Closed
Y present at the Board
Technical questions regarding agenda items should be directed to the responsible staff person whose
phone number are indicated by the agenda item. if no s#afF person is listed, or for general questions and
agenda material, please contact Kfran Lanfranchi-Rizzardi at (996) 464839 name and direct
requests for
The facility is accessible to people with disabilities. individuals requiring special accommodations are r
contact Ms. Rizzardi a# (996) 464-4839 at feast 5 working days prior to the rneetin
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Board agendas and the approved minutes of Board meetings are posted on the Board's website at
hft :1/www.waterboards.ca. ov/cen#ralvalle (board info/mee#in sl
Copies of the items to be considered by the Board are posted on the Board's website at
htt ://www.waterboards.ca. ov/centralvaile (board alecisions/tentative orders/ organized by a ends it
A fisting of pending applications for Water Quality Certifications, pursuant to section 409 of the Federafem number.
Act, may be obtained from the Board's website at htt :/lwww.waterboards.ca. ov/centralvafle / ublic
calling the ofFrce mainline at (996) 464-3299 Clean Water
noticeslor by
Electronic presentations for board meetings: power Point and other elecfronic presentations are fire u
the Regfana! Water Board Meetings. Please a-mail presentations to the Board Webmas#er at:
webmaster5 wa#erboards.ca, av at feast 24 hours in advance, or bring your files ei#her on a USB Fla h ly presented at
ROM and give them to Board Staff prior to the start of the meeting. Providing the electronic fifes in adv
the Board Meeting to proceed without any interruption. drive, or Cb
ante will allow
8~ OF
~OV 19 2012
ow~~ ~°~-
9
s'
nrr
Ida ~ TIME L1MiTATIONS
ve the Board meeting along in a timely matn~ner, and assure time for adequate considereation
um time limitations an each i#em. The goal is to
In order to mo enforce max
the Chair may
of items later in the Agenda, Board deliberation and voting within the olio e ~
complete al! presentations, cross-examination,
Ilotted times are listed on the agenda followeing each item. Please consider the allotted time w
cific times listed will not be heard before that time but may
A our presentations. items with sp
preparing y
be heard later.
ELECTRONIC PRESENTATIONS FOR BOARD MEETINGS tonal Wa#er Board
Power Point and other electronic Ares to the Regional Boa d Webmast dr ~tthe Re ~'ther on a USB Flash
Meetings. Please e-mail presentations our flies
the electronic
webmaster5@waterbaards.ca.gov at leas# 24 hou sos to the start ofthe meeting. Providing
Drive, or CD ROM and give them to Board Staff p
files in advance wii4 allow the Board Meetin to roceed without OU AM rru tion.
THURSDAY,DECEMBER6 9
~. introductions, Pledge of Allegiance and approval ofithe 522nd Board meeting minutes.
2. Meeting Rules and- Procedures. . , ~ ~ discuss
3. Board Member Communications - Bo de Members and the State Board Liaison Member may
nce or other items of general interest relating to matters within the
meetings, communications, correspan
Board's jurisdiction. There will be no voting or formal action #aken.
- An member of the public may address the Board on any matfer within the Board's jurisdiction
4. Public Forum Y ending before the Board (3 minute time limit per
and not scheduled for consideration at Phis meeting, or p
subject} g:00.A.M. ~__~_.,_~~ ,.~ nnvlrentralvalle !board infolexec officer re ortsl
OTWER BUSINESS
and the U.S. Forest Servimationai Item onfys[Matty Hartzell (916) 464-4630} up an
6, E1 Dorado County
,gbafemenf Order (CAO R5-2009-0030-infor
(Time Limit 64 minutes)
iew of the California Department of Food an~668cuT me Limit S0 rriinutes}hand Education Program -
7. Overv Joe Karkoski (916) 464 ) (
informafionai item Oniy - [
3 Joint Triennial Review of the Water Quality Coonfo 1 Plans for the Sacramento River and San Jaaqu~n
_ Receive Comments [Betty Yee (916) 464-4643 and
g. 201
River Basins and th 4451a6~77] Time Limi~30 minutes)
Bethany Sato (559)
WASTE DISCHARGE RE4WREMENTS Considerafion of an Order to Amend Special
559 445-5508]
g. Clean t-iarbors Buttonwillow, LLC, Buttonwillow, Kern Coun -
Order 98-i85 For Closure of Class !f Waste Management Units [Shelton Gray ( )
(Time Limit 15 minutes}
5. Executive Officer's Report
ENFORCEMENT
eddin ,Clear Creek Wastewater Trea#ment Plant, Stillwater Wastewater Treatment Plant, 5 d t e ~
-2003-0130, R5-2010-0096, and R5-2007-00 t$~ulation fol
10. City of R g stem (NPDES Permits R
of Redding Sanitary Sewer SY Consideration of Settlement Agreement and p
Board General Order WQ-2006-0003), Shasta aroi Sri th {530} 225-3425 (Time limit BO minutes)
Entry of Administrative Civil Liability Order [BAY
NPDES PERMIT5 Consideration of OrderAmending Waste
11. City of Brentwood,, Wastewater Treatment Plant, Contra Costa County -
'~rrerrients Order R5-2008-OOOfi (NPDES Permif No. CA 00826fi0) and New 'time Schedule Order
Discharge Requ 464-4742] (Time Limit 45 Minutes}
[panic Jimmerson (916)
AgEnda
FRIDAY, DECEMBER 7 - 8:30 A.M.
12. Introductions, Pledge of Allegiance.
13. Meeting Rules and Procedures.
December 617 20'[2
14. 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.
15. 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) 8:30.A.M.
16. Executive Officer's Report (htt~;llwww.waterbaards.ca.govlcentralvalleylbaard infolexec„flfficer reportslt
17. Appoint a Nominating Committee for Chair and Vice-Chair
18. The Board will be asked to approve items 22 through 28 with no discussion if no one inhere to testify about
them. See pages 3-4.
NPDES PERMIT
19. City of Tracy, Wastewater Treatment Plant, San Joaquin County -Consideration of NPDES Permit Renewal
(NPDES Permit No. CA0079154J [Kati Holmes (916} 464-4843] (Time Limit 60 minutes)
OTHER BUSINESS
20. Status of the Proposition $4 Agricul#ural Water Quality Grant Program -Informational Item Only
jMargaret Wong (916} 464-4774] (Time Limit 30 minutes}
WASTE DISCHARGE REQUIREMENTS
21. Waste Discharge Requirements General Order For Growers In The Eastern San Joaquin River Watershed That
Are Members Of The Third-Par#y Group -Consideration of adoption of the Genera! Order
[Adam Laputz (916) 464-4848] (Time Limit 240 minutes)
UNCONTESTED CALENDAR
Uncontested items are expected to be routine and non-controversial; recommendations will be acted on
without discussion. If any interested party, Board, or staff member requests discussion, the item may be
removed from the Uncontested Items Calendar and taken up in the regular agenda order, or in an order
determined by the Board Chair.
ENFORCEMENT
22. Rio Alto Water District, Lake California Wastewater Trea#ment Plant, Tehama County, Amendment to Cease and
Desist Order R5-2010-0104
23. NPDES PERMITS
Metropolitan Stevedore Company, Port of Stockton Facility, San Joaquin County -Consideration of New NPDES
Permit (NPDES Permit CA0084174}
WASTE DISCHARGE REQUIREMENTS
24. Olam Tomato Processors, Inc., and Westlake Farms, Inc., Ofam Tomato Processing Lemoore Plant, Kings
County -Consideration of Resolution approving an Initial Study and Negative Declaration and Waste Discharge
Requirements Order R5-2007-0157 - (revised}
Agenda 4 December 617 2012
25. WASTE DISCHARGE REQUIREMENTS
a. City of Avenal and Madera Disposal Systems, Inc., City of Avenal Municipal Solid Waste Landfill, Order
R5-2005-0023,Kings County, {revised)
b. City of Lindsay, SWORLCO, LP, and 1Wdward and Edna Brower Revocable Trust, SWROLCO Land
Application Site, Tulare County, Order 85-203 (revised)
c. County of Kern, China Grade Sanitary Landfill, Post-Closure Maintenance and Corrective Action, Kern
County, (revised)
d. Grimmway Enterprises, Inc., Cal-Organic Facility, Kern County; {new}
e. Hume Lake Christian Camps, Inc., Wastewater Treatment Facility, Fresno County, Order 94-106 (revised}
f. Villa Tascano, lnc. Villa Toscano Winery (WDR Order R5-2002-0169) (revised)
26. CEASE AND DESIST (CDO), TIME SCHEDULE (TSO), CLEANUP AND ABATEMENT (CAO) ORDERS
RESCISSIONS
a. City of Colusa, Colusa County, CDO R5-2002-0021 and TSO R5-2007-0074 .
b. City of Nevada City, Nevada County, CDOs R5-2002-0051 and R5-2002-0052-A01
c. City of Williams, Colusa County, Time Schedule Order R5-2007-0096 and Resolution R5-2008-0139
d. City of Yuba City, Sutter County, CDO R5-2003-0086
e. River Highlands Community Services District and Gold Village Land Development, LLC, Yuba County,
CDO R5-2002-0102 and CAO R5-2006-0730.
f. Sacramento Area Sewer District, Walnut Grove Wastewater Treatment Plant, Sacramento County,
TSO Order R5-2008-0163
g. United Auburn Indian Community, Thunder Valley Casino, Placer County, CDO R5-2005-0033
h. University of California, Davis, Yo[o County, CDO R5-2003-0004 and R5-2003-0004 Amendment No.
27. WDRINPDE5 RESCISSIONS
a. Calaveras Trout Farm, Inc., Merced Irrigation District, Merced County, Order R5-2004-0019 {CA0081752)
b. Equilon Enterprises, Inc., LLC (dba Shell Oil Products US), Kern County, Order R5-2008-0012
(CA0084883)
c. Seville Olive Company (Seville), Tulare County, Order 82-74
28. CHANGE OF NAME AND ORIOWNERSHIP
a. Virginia Matthews, Gateway Trailer Park, WDR Order 97-1fl-DWQ-85033
b. Morris "Bud" Keeney, Rancho Sol Tierra Subdivision, WDR Order 97-10-DWQ-85100
c. Yuba Sutter Disposal, Incorporated Landfll, Yuba County WDRs Order R5-2003-0093
d. Fairmead SWDS, Madera County Engineering, Madera County, Order R5-2004-0161
CLOSED SESSION
The Board may meet in closed session to consider personnel matters [Authority: Government Code section
11126(x)]; 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, or decisions to initiate litigation [Authority: Government Code section
11126(e}]. Litigation items that may be discussed are, fisted below by the type of item:
litigation tiled 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. fi0668)
b. Preston Avery, an Individual, and Lois Avery, an Individual, and as Trustees of the Avery Family Revocable Trust of
JuEy 14, 2000 v. State Water Board et al. (Sacramento County Sup. Ct., Case No. 06CS00399)
c. Dairy General Waste Discharge Requirements - Associatien de Gente Unida por el Agua et al. v. Central Valley Water
Board (Ca. Ct. of Appeal. 3`~ DCA, Case No. C066410}Sacramento County Sup. Ct., No. 2008-00003604)
d. Dixon Commercial Park CAO - DCP v. State Water Board (Sacramento County Sup. Ct., Case No. 06CS00299}, and
ConAgra Foods and Monfort, Inc. v. Central Valley Water Board (Solano County Sup. Ct., Case No. FCS027420)
Agenda 5 ~ December 6R 2012
e. EI Dorado Irrigation District NPDES Permit -California Sportfishing Protection Alliance v. Central Valley Water Board
(Sacramento County Sup. Ct., Case No. 34-2009-80000309}
f. Greener Globe Landfill WDRs -Central Valley Water Board v. A Greener Globe Corp. 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. 34-2011-80000-831)
h. Sacramento Regional County Sanitation District v. Central Valley Water Board and State Water. Board (Sacramento
County Sup. Ct., Case No. 34-2011-80001028).
i. Tehama Market ACL - Garfand v. Central Valley Water Board (CA Third District Ct. of Appeal. Case No. C067130)
j. Toxic Hot Spots -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)
1. .Tracy NPDES Permit R5-2007-0036 -Environmental Law Foundaticn and California Sportfishing Protection Alliance v.
Central Valley Water Board (Sacramento County Sup. Ct., Case No. 34-2009-00047273)
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 Sportfishing Protection Alliance et al. v. Central Valley Water Board (Alameda County Sup. Ct., Case Na.
RG 126329 80)
o. San Joaquin County Resource Conservation District California Farm Bureau Federation et al. v. Central Valley Water
Board (Sacramento County Sup. Ct., Case No. 34-20 9 2-80001 1 86)
p. State Water Contractors, Inc. v. State Water Board and Central Valley Water Board (Sacramento County Sup. Ct.,
Case No. 34-2011-00107299).. -. .. .
Litigation filed by the Central Valley Water Board against other parties:
a. Aerojet Cleanup -Central Valley Water Board et al. v. Aerojet-General Carp. et al. (Sacramento County Sup. Ct., Case
No. 286073, consolidated with Case Nos. 288302 and 291981); Central Valley Water Beard et al. v. Aerojet-Genera!
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 Molding 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-91-1167-0FL-PAN) and U.S. v. Iron Mountain Mines, Inc. et al., (EDCaI, Case No. 5-99-0768 DFLIJFM)
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 Drder R5-2011-003 (Amending WDRs Order R5-2010-0090) [NPDI=S
Permit No.. CA0077712] -Petition filed by California Sportfshing Protection Alliance
b. Discovery Say Wastewater Treatment Plant, WDRs Order R5-2008-0179 [NPDES Permit No. CA007859] -Petitions filed by
San Luis &Delta-Mendota Water Authority et xl. and California Sportfishfng Protection Alliance (State Water Board File Nos.
A-1982 and A 1982(x))
c. Vacaville Easterly WWTP WDRs Order R5-2008-0055 and TSO R5-2008-0056 [NPDES Permit No. CA0077699] -Petition
filed by the City of Vacaville (State Water Board File No. A-1932)
d. Sacramento Regional Wastewater Treatment Plant, WDRs Order R5-2D10-0114 [NPDES Permit No. CA00776$2] -
Petitions filed by Sacramento County Sanitation District and the California Spo[tfishing Protection Alliance (State Water
Board Fife 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 R5-2011-0034 and TSO R5-2009-0012-01 [NPDES Permit No. CA0079022] (State
Water Board File Nos. A-2172(x) and 2172(b))
g. James G. Sweeney and Amelia M. Sweeney, Administrative Civil Liability Order R5-2011-OD68 (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 Fife
Number To Be Assigned)
CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD
MERTING PROCEDURES
GENERAL MEETING RULES
The Central Valley Regional Water Quality Control Board (Central Valley Water Board, ar 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 fake
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 that requires the use of visual aids (such as overheads, slides,
or video projector) should contact the assigned staff person to make arrangemen#s before the meeting date in order to
avoid. unnecessary delays during the meeting.
[f 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 Wearing or specific Hearing Procedures will control.
A[I interested persons may speak a# the Board mee#ing, and are expected to orally summarize their written submittals.
Testimony and policy statements should be presented in writing prior to the meeting and only a summary of pertinent
points presented orally. Oral presentations (e.g., direct testimony, policy comments, cross examination and closing
statements) will be [imited.in time by the Board Chair. A timer may be used and speakers are expected to honor the time
limits. Oral presentations must be relevant. Where speakers can be grouped by affiGafion ar 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 wil! not also be speaking.
Any person may submit comments in writing on any agenda item. Written comments shall not be read into the record
unless allowed by the Board Chair. Persons who want to submit 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 specif[ed 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 comments. Late written materials will not be provided #o Board members or included in the
adminis#rative 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 #hat the late submission would not prejudice the
Central Valley Wa#er 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 ITEMS (see also 23 CCR 647.2(f))
Uncontested or consen# 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.
If any Board member or member of the public raises a question or issue regarding the item that requires Board
discussion, the item may be removed from the consent calendar and considered in its numerical order on the agenda, or
in an order determined by the Board Chair. Anyone wishing to contest 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.
PROCI`DURE FOR INFORMATION ITEMS (see also 23 CCR 649 et.seq.)
Information items are items presented #o the Board far discussion only and for 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 November, 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 nn interested persons.
PROCEDURE FOR ACTION ITEMS (see also 23 CCR 649 et.seq.}
Contested agenda items are items to which the parties involved have not consented 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 or quasi judicial (adjudicative proceedings). Such items may require a public hearing and all interested
persons will be provided an opportunity to 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 11513 of the Government Code, and sections 801-805 of-the Evidence Code can be found at
http:l/www.waterboards.ca.gnv/fawn requlationsl
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 or 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 far 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 CERTAIN INVESTIGATION OR ENFORCEMENT ORDERS
[Vllat. Code, §§ 13267, 13268, 13300, 133D1, 13304, 13350, 13383, and 13385j)
All persons interested in a specific item should consult the Hearing Procedure issued for that item to see if any of the
following information is inapplicable. Contact Board staff if you do not know whether there is a Hearing Procedure for the
item or if you need a copy. If the following conflicts with a specific Notice of Public Hearing or Hearing Procedure, the
Notice of Public Hearing or specific Wearing Procedure will control. All administrative civil liability orders are subject to
specific Wearing Procedures.
Designated parties may request these procedures: to tail and examine witnesses; to have witnesses testify under oath; to
receive a witness fist 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 oppose evidentiary objections; to make
opening or closing statements; or to have a preheating conference with the Board's advisors. A request for these hearing
procedures must be received by the Executive Officer at feast 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 nr
provide comments are interested persons and not designated parties. Such interested persons may request status as a
designated party for 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 the prosecution of administrative civil liability orders. 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 far 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 November, 20'i2
• Testimony (and cross-examination, if provided) of discharger
• Testimony (and cross-examination, if provided} of other designs#ed 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
• Delibera#ion 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 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, contac# 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.
O~"HER INFORMATION
Quasi-legislative mafters include rulemakirig and some informational proceedings. These matters rrtay include hearings
far the adoption or amendmen# 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 e# seq. The petition should be addressed #o the Office of Chief Counsel at the State Water
Board The State Water Board must receive the petifian 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 for filing petitions (and cited above) will be
provided upon request and are available at httpJlwww.waterboards.ca.govllaws reoulations
Any questions or comments regarding these procedures may be directed to:
Kiran Lanfranchi-Rizzardi, Administrative Assistant
11020 Sun Center Drive, #200
Rancho Cordova, CA 95670
Telephone (916} 464-4839
e-mail: klanfrar<chiCa~waterl~oards.ca.goy
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Meeting Procedures 3 Updated November, 2012
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 Porter-Cologne Water Quality Control Act.
BOARD MEMBERS
Karl E. Long[ey
Jon Castantino
Jennifer Lester Moffitt
Carmen L. Ramirez*
Sandra Meraz
Robert Schneider
CITY OF RESIDENCE
Fresno
Grass Valley
Davis
Atwater
Alpaugh
Davis
*Public member in accordance with Water Code section 13201 (c)
Pamela C. Creedon, Executive Officer
Kiran Lanfranchi-Rizzardi, Administrative Assrstant
David Coupe, Sr.Staff Counsel
Patrick Pulupa, Staff Counse!
Alex Mayer, Staff Counse!
SACRAMENTO OFFICE
11020 Sun Center Drive, Suite 200
Rancho Cordova, CA 95670-6114
Telephone: (916) 464-3291
Fax: (916) 464-4758
Assistant Executive Officers:
Kenneth Landau
Richard Loncarovich
Supervisors:
Brian Newman
Diana C. Messina
Jerry Bruns
Duncan Austin
Joe Karkoski
Linda Bracamonte
Robert Busby
Wendy Wyels
Seniors:
Anne Olson
Rudy Schnagl
Brett Stevens
Charlene Herbst
Cori Condon
Dan Radulescu
Daniel McClure
Elizabeth Lee
Gayleen Perreira
Gerald Djukh
James Munch
Jeanne Chilcott
Patrick Morris
Stephanie Fong
Skeven Meeks
Sue McConnell
Steve Rosenbaum
Susan Fregien
Victor Izzo
Jim Marshall
Jae Mello
Marie McCrink
FRESNO OFFICE
1685 E Street
Fresno, CA 93706
Telephone: (559} 445-5116
Fax: (559) 445-5910
Assistant Executive Officer:
Clay Rodgers
Supervisors:
Lonnie Wass
Doug Patteson
Seniors:
Dale Essary
Shelton Gray
Warren Gross
Dale Harvey
Daniel Carlson
TERM EXPIRES
9/30/2013
9/30/2015
1/24/2013
9/30/2013
9/30/2014
913 012 0 1 4
Dane Johnson
David Sholes
Matt Scroggins
Russell Walls
REDOING OFFICE
364 Knolicrest Drive, Suite 205
Redding, CA 96002
Telephone: (530) 224-4845
Fax: (530) 224-4857
Assistant Executive Officer:
Robert A. Crandall
Supervisor:
Bryan Smith
Seniors:
Angela Wilson Greg Cash
George Day Clint Snyder
Updated November 2012