HomeMy WebLinkAboutCentral Valley Reg Water Quality Control Board - Agenda BU'f"CL(;(JUNTY
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AGENDA Thursday, October 13, 2016—9.00 am.
Public Meeting Field rR��a��;�� Field Tour-Forest Activities
Central Valley Regional
ie►nal Friday,October 14, 2016—9:00 a.m.
Redding City Hall
Water Quality Control Board z
777 Cypress Avenue
Redding, CA 96001
THIS MEETING WILL NOT BE WEBCAST
The Central "Valley Board strives to conduct accessible, 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 voiuntary, unless you wish to testify before the Board..
• Anyone speaking to the Board will be requested to complete 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 off; 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 theCentral'Valley Water Board are posted on the Board's website at:
http://www.waterboards.ca.gov/centralvalley/board decisions/tentative orders/
Board agendas and the minutes of prior meetings are posted on the Board's website at:
http://www. aterboards:ca.gov/centraIva]le /by oard infolmeetings/
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 klanfranchiwaterboards ca.gov
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 Clean Water
Act, can be found at: http://www.waterboards.ca.gov/centralvalley/public_notices/
or can be obtained by calling the Board at: (916)464-3291.
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ELECTRONIC PRESENTATIONS
PowerPoint and other electronic presentations are frequently presented at the Board Meetings. Please
e-mail presentations to the Board's Webmaster at webmiaster5@waterboards.ca.,gov 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 prior to
the start of the meeting.
THURSDAY OCTOBER 13, 2016 — 9:00 A.M.
FIELD TOUR
FOREST ACTIVITIES, POST FIRE MANAGEMENT, FOREST HEALTH
Members of the Central Valley Regional Water Quality Control Board will participate in a field tour on Thursday,
October 13, 2016 in the former Bagley Fire area of the Pit River watershed. The public will be provided access to
the tour site(s), but transportation will not be provided. Details regarding the tour itinerary will be provided on the
day of the workshop because last minute adjustments in the tour may need to be made to account for poor
weather conditions or the number of participants in the tour.
Details including starting time and location will be posted to the(CVRWQCB's website at least a day prior to the
tour.
FRIDAY, OCTOBER 14, 2016—9:00 A.M.
REDDING CITY ALL
777 Cypress Avenue
Redding, CA 96001
1. Introductions, Pledge of Allegiance, and approval of minutes of the August 18/19, 2016 Board meeting
2. Meeting Rules and Procedures
3. 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
4. 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
5, State Board Liaison update
6. Executive Officer's Report(http://www.waterboards.ca.gov/ce,ntralvalley/board info/exec officer reports/)
7. The Board will be asked to approve items 17 through 19 to with no discussion if no one is here,to testify about
them.
OTHER BUSINESS
& Discussion of 2017 Board Calendar
ENFORCEMENT
9. California Department of Corrections and Rehabilitation, Deuel Vocational Institution, San Joaquin County—
Consideration of an Administrative Civil Liability Order[Mohammad Farhad (916)464-1181
WASTE DISCHARGE REQUIREMENTS
10. Development of General Waste Discharge Requirements for Timber Harvesting Activities, Informational Item Only
[Angela Wilson, (530) 224-4856]
11. Development of a Non-Point Source Permit for Federal Lands, Informational Item Only
[Angela Wilson, (530)224-4856]
12. Strategy for Regulation of Legacy Mine Discharges, Informational Item Only[Marty Hartzell, (916)464-4630]
Updated September 19, 2016
NPDES ENFORCEMENT
13. City of Colusa, Wastewater Treatment Plant, Colusa County— Consideration of a Time Schedule Order
(NPDES Permit. CA0078999) [Brian Taylor (916) 464-4662]
NPDES PERMIT
14. Limited Threat Discharges to Surface Water— Consideration of NPDES General Permit Renewal
(NPDES Permit CAG995002) [Beth Thayer (916) 464-4671]
OTHER BUSINESS
15. Irrigated Lands Regulatory Program and the Upper Watersheds, Informational Item only
[Adam Laputz, (916) 464-4726]
16. Proposed Revisions to the 303(d) List of Impaired Water Bodies and Consideration of an Integrated
Assessment Report for the Central Valley Region— Board Workshop [Michelle Wood (916) 464-4650]
UNCONTESTED CALENDAR
(Cal. Code Regs., tit. 23, § 647.2, subd.
Uncontested items are those items that are not being contested at the Board Meeting and will be
acted on without discussion. If 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.
17. WASTE DISCHARGE REQUIREMENTS
a. Amador Water Agency, Mace Meadow Golf and Country Club, Inc., Buckhorn Water Treatment Plant and
Reuse Site, Amador County, Order R5-2005-0097 (Amendment)
b. Darling Ingredients Inc., Oscar Heard, and Val and Mary Azevedo, Darling Ingredients, Inc. Rendering
Plant, Turlock Facility, Stanislaus County, R5-2012-0104(Amendment)
c. Laton Community Services District, Wastewater Treatment Facility, Fresno County, Order 85-253
(Revision)
18. WASTE DISCHARGE REQUIREMENTS/NPDES — RESCISSIONS
a. Gold Ridge I11 Subdivision, Plumas.County, Order 93003
b. Juneja International, LLC, Firebaugh Truck and Auto Plaza, Merced County, Order 89-034
c. Millstream Mobile Home Park, Tehama County, Order 90-010
d. Placer County Sewer Maintenance District 1, Wastewater Treatment Plant, Placer County,
Order R5-2010-0092-01 and Time Schedule Order R5-2015-0034-01 (NPDES CA0079316)
e. Rancheria RV Park, Shasta County, Order 93004
f. Walker Ranch/Bailey Creek CSD, Plumas County, Order 96-264
19. CHANGE OF NAMEIOWNERSHIP
a. Dingerville USA, Waste Discharge Requirements Order 93-241, Butte County
Updated September 19, 2016
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. Cleanup and Abatement Order Issued for the Cleanup of Dixon Park in 2005—ConAgra Foods and Monfort, Inc. v. Central Valley Water
Board(Solana County Sup.Ct.,Case No. FCS027420)
b. NPDES Permit Issued to Sacramento Regional Wastewater Treatment Plant in 2010—California Sportilishing Protection Alliance v.
Central Valley Water Board at al. (Sacramento County Sup.Ct.,Case No.34-2013-80001358)
c. Administrative Civil Liability Orders R5-2011-0068, R5-2012-0070,R5-2013-0091, R5-2014-0119 and 13267 Order Requiring Monitoring of
the Sweeney Dairy—James G. Sweeney, et al. v. State Water Board, at aI.(Fresno County Sup.Ct.Case No. 15CEG02063)
d. Administrative Civil Liability Order Issued to Henry Tosta Dairy in 2013—Henry J. Tosta, et at v. Central Valley Water Board,et aI.(San
Joaquin County Sup.Ct.,Case No.39-2014-00318863-CU-WM-STK)
e. Administrative Civil Liability Order Issued for Mandatory Minimum Penalties to Malaga County Water District in 2013--Malaga County
Water District v. Central Valley Water Board et at (Fresno County Sup.Ct.,Case No. 14-CECG-03576,removed to Madera County Sup.
Ct.,Case No. MCV071280)
f. City of Auburn Wastewater Treatment Plant,WDRs Order R5-2016-0038[NPDES No.CA0077712]—Petition filed by California
Sportfishing Protection Alliance(State Water Board File No.A-2490)
g. Dairy General Waste Discharge Requirements,Reissued in 2013—Asociaci6n de Gente Unida par el Agua et al. v. Central Valley Water
Board(Ca.Ct.of Appeal.3rd DCA,Case No.C066410;Sacramento County Sup.Ct.,Case No.34-2008-00003604)
h. Cleanup and Abatement Order Issued for Cleanup of Walker Mine in 2014—Atlantic Richfield Company v. Central Valley Water Board
(Sacramento County Sup.Ct.,Case No.34-2014-80001875)
i. Cleanup and Abatement Order Issued for Cleanup of Mt.Diablo Mercury Mine in 2014—Sunoco, Inc. v. Central Valley Water Board
(Sacramento County Sup.Ct.,Case No.34-2016-80002282)
j. NPDES Permit and Cease and Desist Order Issued to Malaga County Water District in 2014—Malaga County Water District v. State
Water Resources Control Board, et al. (Fresno County Sup.Ct.,Case No. 14-CECG-03919, removed to Madera County Sup.Ct.,Case
No. MCV071279)
k. 13267 Order Issued to Modus,Inc,in 2015—Modus, Inc.v. California Department of Conservation,Division of Oil, Gas, and Geothermal
Resources;Central Valley Water Board(Fresno County Sup.Ct.,Case No. 16CECG03668)
I. Administrative Civil Liability Order Issued to Christopher Cordes,Eddie Axner,and Eddie Axner Construction,Inc.in 2015—Eddie Axner
Construction, Inc.and Eddie Axner v. Central Valley Water Board(Shasta County Sup.Ct.,Case No. 183576)
m. Administrative Civil Liability Order Issued to Sarbjit&Satwant Athwal in 2015-Athwal v. Central Valley Regional Water Quality Control Board
(Stanislaus County Superior.Court,Case No.2017515)
n. Administrative Civil Liability Order Issued to Morning Star Packing Company,L.P.,in 2016-Morning Star Packing Company,L.P.v.California
Regional Water Quality Control Board,Central Valley Region,et al.(Colusa County Superior Court,Case No.24162)
Litigation filed by the Central Valley Water Board against other parties:
a. Aerojet Cleanup—Central Valley Water Board et at v.Aerojet-General Corp.et al.(Sacramento County Sup.Ct.,Case No.286073,
consolidated with Case Nos.288302 and 291981); Central Valley Water Board at al. v.Aerojet-General Corp. et al. (EDCaI,Case No.
CIV-S-86-0064-EJG)consolidated with U.S. v.Aerojet-General Corp.et at, (EDCaI,Case No.CIV-S-86-0063-EJG)
b. Bonzi Landfill—Central Valley Water Board v. Ma-Ru Holding Company et at (Stanislaus County Sup.Ct.,Case No.643740)
c. Injunctive Relief for Tosta Dairy—Central Valley Water Board v. Henry J. Tosta et al.(San Joaquin County Sup.Ct.,
Case No.39-2014-00318144-CU-MC-STK)
d. Orland Sand and Gravel Facility—People ex rel. Central Valley Water Board, Dept.of Fish and Wildlife v. Orland Sand and Gravel
Corp.et at(Glenn County Sup.Ct.,Case No. 15CV01436)
e. Greener Globe Landfill—People ex rel. Central Valley Water Board v.A Greener Globe Corporation(Placer County Sup.Ct.,Case No.
SCV13231)
Petitions for Review of Central Valley Water Board Actions filed with State Water Board:
a. City of Stockton,WDRs Order R5-2014-0070[NPDES No.CA0079138]and Time Schedule Order R5-2014-0071 (State Water Board File No.
A-2315)
b. City of Tracy,WDRs Order R5-2012-0115[NPDES Permit No.CA0079154)(State Water Board File No.A-2238)
c. 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))
d. 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)
e. 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 No.A-2302)
f. 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 No.A-2301)
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 No.A-2292)
L Valley Water Management Company,Cease and Desist Order R5-2015-0093—Petitions riled by Valley Water Management Company,Clean
Water Action,and the Central California Environmental Justice Network(State Water Board File Nos.A-2148(a),A-2148(b),and A-2148(c))
j. Malaga County Water Dist.,ACL Order R5-2016-0022—Petition filed by Malaga County Water Dist(State Water Board File No.A-2479)
Updated September 19, 2016
k. Sacramento County Sanitation District,WDRs Order R5-2016-0020 iNPDES No.CA0077682)—Petition filed by California Sportfishing
Protection Alliance(State Water Board File No.A-2480)
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, NPDFS 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 Panties, 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 by Board staff, followed by testimony by Designated Parties named in the Order or Permit, followed by
testimony of other Designated Parties
■ Cross-examination of Board staff, followed by cross-examination of Designated Parties named in the Order or Permit,
followed by 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.
Updated September 19, 2016
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_I/www.waterboards.cagov/public notices/petitions/water quality
or will be provided upon request.
Updated September 19, 2016
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 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 CITY OF RESIDENCE TERM EXPIRES
Jon Costantino Grass Valle 9/30/2019
Carmen L. Ramirez* Atwater 9/30/2017
Karl E. Longley Fresno 9/30/2017
Robert Schneider Davis 9/30/2018
Denise Kadara Allensworth 9/30/2018
*Public member in accordance with Water Code section 13201(c)
Pamela C. Creedon, Executive Officer
Kiran Lanfranchi-Rizzardi, Administrative Assistant 11/Clerk to the Board
Patrick Pulupa,Attorney/it
Stephanie Yu,Attorney 111
Andrew Deed nger,Attorney 1
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)464-4758 Fax: (559)445-5910
Assistant Executive Officers: Assistant Executive Officer:
Adam Laputz Clay Rodgers
Andrew Altevogt
Linda Bracamonte Supervisors:
Dale Harvey
_Supervisors: Doug Patteson
Bob Chow Lonnie Wass
Brett Braidman Seniors:
Brian Newman Alan Cregan
David King Dale Essary Russell Walls
Jeanne Chilcott Daniel Carlson Scott Hatton
Nichole Morgan David Sholes Shelton Gray
Robert Busby Matt Scroggins Warren Gross
Stewart Black Ron Holcomb
Sue McConnell
Wendy Wyels REDDING OFFICE
364 Knollcrest Drive, Suite 205
Seniors: Redding, CA 96002
Anne Littlejohn Telephone: (530)224-4845
Brett Stevens Kari Holmes Fax: (530) 224-4857
Charlene Herbst Marie McCrink Assistant Executive Officer:
Cori Condon Marty Hartzell Clint Snyder
Daniel McClure Michelle Wood
Elizabeth Lee Patrick Morris Supervisors:
Gerald Djuth Scott Armstrong Bryan Smith
Howard Hold Steve Rosenbaum Angela Wilson
Jim Marshall Steven Meeks Seniors:
Josh Palmer Susan Fregien Ben Lefton Jeremy Pagan
Joe Mello George Day Kate Burger
George Low
Updated September 19, 2016