HomeMy WebLinkAboutCentral Valley Reg Water Quality Control Board agenda AGENDA i"hursday, Ilm`ei guar 18, 20169.00 a.m.
� � Friday, February 19, 2016 --8:30 a.m.
Public Meeting �� 11020 Sun Center Drive, Suite 200
Central Valley Regional) " Rancho Cordova, CA 95170
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'NtMfESC ST OF BOARD MEETING
Live video broadcast of this meeting will be available at: hr t mla°www Cale Da.ca.goviBroadcast/
The Central Valley Board strives to conduct accessible, orderly, and fair meetings. The Board abides by the fallowing
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 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 onjl r; 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 pasted on the Board's website at:
ham://www.waterboai—ds.ca,aov/centralvalle /board decisions/tentative orders/
Board agendas and the minutes of prior meetings are posted on the Board's website at:
htto:'f w.waterb ards.ca.00v/centralvalley/board info/meeting_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 I<Ianfranch(,_waterboards.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)4644839 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: httr)://www.waterboards.c . ovgg /ce� ntraIvalll y/public notices/
or can be obtained by calling the Board at: (916)464--3291.
RM OF SUPERVIMS
FEB 0 1 2016
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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. 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.
30. ENFORCEMENT
Recology Hay Road, Jepson Prairie Organics as a dba of Recology Hay Road, Recology Hay Road Landfill,
Sola no County — Consideration of a Resolution to Amend Water Code Section 13301 Order R5-2014-0117
NPDES PERMIT
31. City of Grass Valley, Wastewater Treatment Plant, Nevada County—Consideration of NPDES Permit Renewal
(NPDES Permit CA0079898)
32. WASTE DISCHARGE REQUIREMENTS
a. County of Sacramento Department of Waste Management and Recycling, Kiefer Landfill, Sacramento
County, Order R5-2007-0107(Revision)
b. Growers within the Sacramento River Watershed that are Members of a Third-Party Group,
Order R5-2014-0030 (Revision)
c. Growers within the Central Valley Region that are Members of a Third-Party Group;
Orders R5-2012-0116, R5-2013-0120, R5-2014-0001, R5-2014-0002, R5-2014-0029, R5-2014-0030
R5-2015-0095 (Revision)
33. WASTE DISCHARGE REQUIREMENTS—RESCISSIONS
a. Cedar Creek Mobile Home Park, Shasta County, Order 93-014
b. Clark Pacific, Spreckles Sugar Company, Yolo County, Order R5-2003-0047
c. Graeagle Meadows Townhomes, Plumas County, Order 92-135
d. Paradise Pines Elementary School, Butte County, Order 85-100
e. Santa Fe Aggregates, Inc., Sanger Plant, Fresno County,Order 79-021
f. Tucker Oaks East Subdivision, Shasta County, Order 87-187
g. Whitehawk Ranch Mutual Water Company, Plumas County, Order 92-127
34. CHANGE OF NAMEIOWNERSHIP
a. Ballantine Produce Company, Inc., Ballantine Reedley Packing Facility, Fresno County,
Order 91-005
b. Jamie Mendoza, former Cozzi Ranch Swine Facility, Merced County, Order 93-073
c. Soper Pit Gravel Processing, Plumas County, Order 96-242
d. Thiara Brothers Orchards Prune Dehydrator, Butte County, Order 98-18
e. Battle Rock Power LLC, Bottle Rock Power Plant LLC Francisco Geothermal Steamfield, Lake County,
Order 99-01
f. Interstate 5 Utility Company, 1-5 and Hwy 58 WWTF, Kern County, Order R5-2007-0152
g. Sierra Pine Limited, Sierra Pine-Ampine Division, Amador County, Order R5-2008-0167-01
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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 andlor 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(Solano County Sup.Ct.,Case No.FCS027420)
b. NPDES Permit Issued to Sacramento Regional Wastewater Treatment Plant in 2010—California Sportfishing Protection Alliance v.
Central Valley Water Board at at.(Sacramento County Sup.Ct.,Case No.34-2013-80001358)
C. Irrigated Lands Coalition Waiver and Program EIR Issued in 2011 —San Joaquin County Resource Conservation District California Fart
Bureau Federation at at v. Central Valley Water Board,California Sportfishing Protection Alliance at at v. Central Valley Water Board
(Sacramento County Sup.Ct.,Case No.34-2012-80001186)(Consolidated Case No. RG 12632180)
d. 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,at al. v.State Water Board, at al. (Fresno County Sup.Ct.Case No. 15CEG02063)
e. Administrative Civil Liability Order Issued to Henry Tosta Dairy in 2013—Henry J. Tosta, at at v. Central Valley Water Board,at al. (San
Joaquin County Sup.Ct.,Case No. 39-2014-00318863-CU-WM-STK)
f. 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 al. (Fresno County Sup.Ct.,Case No. 14-CECG-03576,removed to Madera County Sup.
Ct.,Case No.MCV071280)
g. Dairy General Waste Discharge Requirements, Reissued in 2013—Asociaci6n de Gente Unida par el Ague etal. v. Centra!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. 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, at al. (Fresno County Sup. Ct.,Case No. 14-CECG-03919, removed to Madera County Sup.Ct.,Case
No.MCV071279)
j, Waste Discharge Requirements Issued to Root Creek Water District in 2015—Richard V. Gunner v. Central Valley Water Board, at at
(Madera County Sup.Ct.,Case No.MCV071193)
k. 13267 Order Issued to Modus, Inc.in 2015—Modus, Inc. v. Califomia Department of Conservation,Division of Oil, Gas, and Geothermal
Resources,Central Valley Water Board(Fresno County Sup.Ct.,Case No. 15CECG03668)
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. Regarding a CEQA Determination made by the City of Hanford in 2015—Hanford Environmental Awareness Team v. City of Hanford re Bajun
American Properties,L.P. at al.(Kings County Sup.Ct.,Case No. 15C-0154)
n. 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)
Litigation filed by the Central Valley Water Board against other parties:
a. Aerojet Cleanup—Central Valley Water Board at 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 at al. v.Aerojet-General Corp. at at (EDCaI,Case No.
CIV-S-86-0064-EJG)consolidated with U.S. v.Aerojet-General Corp.at at., (EDCaI,Case No.CIV-S-86-0063-EJG)
b. Bonzi Landfill—Central Valley Water Board v. Ma-Ru Holding Company at al. (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.at 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 Live Oak,NPDES Permit R5-2011-0034 and TSO R5-2009-0012-01 [NPDES Permit No.CA00790221(State Water Board File
Nos.A-2172(a)and 2W2(b))
b. City of Auburn Wastewater Treatment Plant,WDRs Order R5-2011-003(Amending WDRs Order
R5-2010-0090)[NPDES Permit No.CA0077712]—Petition filed by California Sportfishing Protection Alliance
c. City of Stockton,WDRs Order R5-2014-0070[NPDES No.CA00791381 and Time Schedule Order R5-2014-0071 (State Water Board
File No.A-2315)
d. City of Tracy,WDRs Order R5-2012-0115[NPDES Permit No.CA00791541(State Water Board File No.A-2238.)
e. 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-1 982(a))
f. Eastern San Joaquin Irrigated Lands General Waste Discharge Requirements,Order R5-2012-0116—Petitions filed by California Sportfishing
Alliance at al.;San Joaquin County Resource Conservation District at al.;and Asociacion de Genie Unida por el Agua(AGUA)at al.(State
Water Board File Nos.A-2239(a)through(c))
g. 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)
h. Nevada County Sanitation District No. 1, Lake of the Pines WWTP,WDRs Order R5-2009-0031 [NPDES Permit CA0081612]
(State Water Board File No.A-2019)
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i. 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)
j. 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)
k. 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 Asociaci6n de Gente Unida por el Agua(AGUA)et al.
(State Water Board File Nos.A-2278(x)through(c))
I. 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)
m. Valley Water Management Company,Cease.and Desist Order R5-2015-0093—Petitions for Review filed 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-21148(c))
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/
Ali 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.
Desionated 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 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.
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) gtitions/water ggality
or will be provided upon request.
Updated January 20, 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/Clerk to the Board
Patrick Pulupa, Attorney 111
Stephanie Yu, Attorney 111
Andrew Deeringer, Attorney l
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 Supervisors:
Linda Bracamonte Dale Harvey
Supervisors: Doug Patteson
Bob Chow Lonnie Wass
Brett Braidman Seniors:
Brian Newman Dale Essary Russell Walls
David King Daniel Carlson Scott Hatton
Jeanne Chilcott David Sholes Shelton Gray
Nichole Morgan Matt Scroggins Warren Gross
Robert Busby Ron Holcomb
Stewart Black
Sue McConnell REDDING OFFICE
Wendy Wyels 364 Knollcrest Drive, Suite 205
Redding, CA 96002
Seniors: Telephone: (530)2244845
Anne Littlejohn Fax: (530)2244857
Brett Stevens Kari Holmes Assistant Executive Officer:
Charlene Herbst Marie McCrink Clint Snyder
Cori Condon Marty Hartzell
Daniel McClure Michelle Wood Supervisors:
Elizabeth Lee Patrick Morris Bryan Smith
Gerald Djuth Scott Armstrong Angela Wilson
Howard Hold Steve Rosenbaum Seniors:
Jim Marshall Steven Meeks Jeremy Pagan
Josh Palmer Susan Fregien George Day
Joe Mello George Low
Updated January 20, 2016