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HomeMy WebLinkAboutCentral Valley Regional Water Board - agendaAGENDA Public Meeting Central Valley Regional Water Quality Control Board Thursday, June 7, 2012 - 8:30 a.m. Friday, June 8, 2012 _ 8:30 a.m. Central Valley Regional Water Quality Control Board 11020 Sun Center Drive, #200 Rancho Cordova, CA 95670 The purpose of this meeting is for the Board to obtain testimony and information from concerned and affec#ed parties and to make decisions 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 Meetinc~Procedures descrbed 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 filling aut 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 far an election campaign. Contact the Board office far details if you fail into this category. Items showing times wilt 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 tt~e 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 p®rson 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 contact 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 fine at 1-800-735-2922. Board agendas and the approved minutes of Board meetings are posted on the Board's website at httpalwww.waterboards.ca.aovlcentralvalleylboard infolmeetinasl Copies of the items to be considered by the Board are pasted on the Board's website at htt alwww.waterboards.ca. ovlcentralvalle !board decisionsltentative orders) organized by agenda item number. A listing of pending applica#ions for Water Quality Certifications, pursuant to section 401 of the l=ederal Clean Water Act, may be obtained from the Board's website at htt alwww.waterboards.ca. ovlcentralvalle 1 ublic 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 at: webmaster5 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. Providing the electronic files in advance will allow the Board Meeting to proceed without any interruption. 90~ID01~~ MAY 3 0 20#~ a~oww~, cAUr~ow~w Agenda June 7-8, 2D12 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, cross-examination, Board deliberation and voting within the allotted time. Allotted times are listed on the agenda #ollowing each item. Please consider the allotted time when preparing your presentations. Items with specific times listed will not be heard before that time bet may be heard later. ELECTRONIC PRESENTATIONS FOR BDARD 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.gov at least 24 hours in advance, or bring your files either an a IISB 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 allow the Board Meeting to proceed without any THURSDAY, JUNE 7 - 8:30 A.M. 1. Introductions, Pledge of Allegiance~and approval of the 519th Board meeting minutes. 2. Meeting Rules and Procedures. 3. Board Member Communica#ions -- Board Members and the Sta#e 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 forma[ action taken. 4. Public Forum -Any member of the public may address the Board on any mafter wlthln fhe Board's jurisdiction and not scheduled for consideration at thls meeting, or pending before the Board (3 minute time limit per subject) 8:30.A.M. 5. Executive Officer's Report (hftga/www.waterboards.ca.QOVlcentralvalleylboard infalexec officer regortsl) ENI=ORCEMENT 6. Antonio P and Mary R Bettencourt Living Trust, Tom Bloomfield, and F.A. Maggiore & Sons LCC, Contra Costa County- Consideration ofAdministrative Civil Liability Order (Brett Stevens {916) 464-4fi42] {Time Limit 90 minutes) NPDES PERMITS AND TIME SCHEDULE ORDERS 7. Town of Discovery Bay Community Services District, Discovery Bay Wastewater Treatment Plant, Contra Costa County -Consideration of Amending Waste Discharge Requirements Order R5-2008-0179 (NPDES Permlt CA0078590) [Anand Mamidi {916) 464-4583] (Time Limit 20 minutes) 8. City of Modesto, Wastewater Quality Control Facility, 5tanislaus County - Consideration of NPDES Permlt Renewal and New Tlme Schedule Order (NPDES Permit CA0079903) [Dania Jimmerson (916) 464-4742] (Time Limit 40 minutes} 9. City of Nevada City, Wastewater Treatment Plant, Nevada County - Consideration of NPDES Permlt Renewa! (NPDES Permlt CA0079901) [David Kirn {916} 464-4.674] (Time Limit 30 minutes) 10. Linda County Water District, Wastewater Treatment Plant, Sutter and Yuba Counties - Consideration of NPDES Permlt Reneuval {NPDES Permit CA0079B57) and Amended Tlme Schedule Order [Joshua Palmer (916) 464-4674] (Time Limit 40 minutes} WASTE DISCHARGE REQUIREMENTS 11. Prima Bella Produce, Inc. and Mark Bacchetti, Prima Bella Food Processing Facility, San Joaquin County- Consideration of a) Initial Study and Negative Declaration; b) New Waste Discharge Requirements [Anne Olson (916) 464-4740] (Time Limit 10 minutes) OTHER BUSINESS 12. Groundwater Strategy Workplan Update - lnformationa! Item Only [Pam Buford (559) 445-5576] {Time Limit 30 minutes} ..,.:. Agenda 3 June 7-8, 2012 Agenda Item 13 will not be heard before 1:00 p.m. IRRIGATED LANDS 13. Workshop on the Draft Eastern San Joaquin River Wa#ershed Waste Discharge Requirements and Status of the Long-term Irrigated Lands Regulatory Program - lnformationa! Item Only [Adam Laputz (916} 464-4848] {Time Limit 120 minutes) FRIDAY, JUNE 8 - 8:30 A.M. 14. Introductions, Pledge of Allegiance. 15. Meeting Rules and Procedures. 16. 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 vo#ing or faunal action taken. 17. Public Forum -Any member of the public may address the Board on any matter within the Bcard's jurisdiction and not scheduled far consideration at #his meeting, or pending before the Board (3 minute time limit per subject) 8:30.A.M. 18. ExeCr~tive Officer's Report(http:/a'www.waterboards.ca.govlcentralvalleylboard_infolexec_ofFicer_reportsl) 19. The Board will be asked to approve items 31 #hrough 34 with no discussien if no one is here to testify about them. See pages 4-5 ENFORCEMENT 20. Antlers ShelllSubway Station, Lakehead, Shasta County -Reconsideration of the Issuance of Cleanup and Abatement Order R5-2091-0713 [Clin# Snyder (530) 224-3213] {Time Limit 120 minutes) WASTE DISCHARGE REQUIREMENTS 21. California Olive Ranch, Artois Mill and Ranch, Glenn County - Consideration of New Waste Discharge Requiremenfs [Greg Cash (530) 224-3208] (Time Limit 20 minutes) 22. Shasta-Tehama-Trinity Joint Community College Distric#, Shasta College WWTP, Shasta County- Consideration of Revised Waste Discharge Requirements Order 93-212, [Bryan Smith {530) 226-3425] (Time Limit 20 minutes) 23. Sunsweet Dryers, 1nc., Prune Dehydrator, Glenn County- Considerafion of Revised Waste Discharge Requiremenfs Order 91-965 [Greg Cash (530} 224-3208] (Time Limit 20 minutes) 24. Wawona Packing Co., LLC, Cutler Fruit Packing Plant, Tulare County -Consideration of New Waste Discharge Requirements [Stephen Popenoe {559) 444-2418] {Time Limit 30 minutes) WASTE DISCHARGE REQUIREMENTS AND CEASE AND DESIST ORDER 25. Lamont Public Utility District Wastewater Treatment Facility, Kern County - Consideration of Revised Was#e Discharge Requirements Order 98-043 and Cease and Desist Order 5-00-098 [Denise Soria {559} 444-2488]. (Time LimiE, 60 minptes) 26. Eldorado Irrigation District, Camino Heights Was#ewater Treatment Facility, EI Dorado County - Consideration of Revised Waste Discharge Requiremenfs Order 5-09-1t?0 [Anne Olson (916} 464-4740] (Time Limit 60 minutes) NPDES PERMITS AND TIME SCHEDULE ORDERS 27. Grizzly Lake Community Services District, Depeker Wastewater Treatment Plant, Plumes County - Cansideration of NPDES Permit Renewal (NPDES Permit CA0081744) and Adoption of Time Schedule Order [Greg Cash (530) 224-3208] (Time Limit 20 minutes) 28. Southern California Edison Company, Big Creek Powerhouse No. 1 Domestic Wastewater Treatment Plan#, Fresno County - Consideration of NPDES PermiPRenewal Order R5-2005-0156 (NPDES Permit CA0079545) and New Time Schedule Order [Aide Ortiz (559) 445-6083] (Time Limit 30 minutes) 29. Department of Parks and Recreation, Empire Mine State Historical Park, Nevada County -Consideration of NPDES Permit Renewa! {NPDES Permit. CA00$517) and New Time Schedule Order [Elizabeth Thayer (916} 464-4671] {Time Limit 40 minutes) Agenda 4 June 7-8, 2012 NPDES PERMITS SPECIAL 30. City of Lincoln, Placer County -Consideration of Amendment to Existing Master Reclamation Permif, MRP Order R5-2005-0040 to Rescind NPDES Permif Requirements (NPDES Permit CA0085903) [Elizabeth Thayer (916) 464-4671] (Time Limit 20 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 Berard Chair - 8:30 a.m. 31. NPDES PERMITS AND TIME SCHEDULE ORDI=RS a) University of California, Davis, Center for Aquatic Biology and Aquaculture, Yolo County -Consideration of NPDES Permif Renewal (NPDES Permit CA0083348) and New Time Schedule b} Calaveras County Water District and Saddle Creek Golf Course LP, Capper Cove Wastewater Reclamation Facility, Calaveras County - Consideration of New Time Schedule Order 32. WASTE DISCHARGE REQUIREMENTS a) California Natural Resources Corporation, Maurice AI#shuler and Barf[ett Burnap, French Corral Mine, Nevada County (new) b) Chevron USA Inc., and Cawelo Water District, Produced Water Reclamation Project, Kern River Station 36, Kern River Oil Field, Kern County (new} c) Valley Water Management Company and Cawelo Water District, Produced Water Reclamation Projec#, Kern Front No. 2 Treatment Facility, Kern Fron# Oil Field, Kern County (new) d) Benton Landfill, Closed Class [II Landfill, City of Redding Benton Class If Municipal Solid Waste Landfill, Post- Closure Maintenance, Shasta County, Order 91-117 (amendment} e) Bio Industries, Inc., Former Bio-Remediation Facility for Petroleum-Cantamina#ed Soils, Tehama County, Order 98-139 (revision} f) City of Los Banos, Solid Waste Disposal Site, Merced County, Order 5-01-163 (amendment) g) City of Oakdale, Oakdale Wastewater Treatment Facility, Stanislaus County, Order. 5-01-094 (revision) h) County of Fresno, American Avenue Municipal Solid Waste Landfill, Fresno County, Order R5-2005-0067 (revision) i) County of Keen, Bakersfield Metropolitan (BENA) Sanitary Landfill, Kern County, Order R5-2007-0092 {amendment) j) County of Kern, Taft Recycling and Sanitary Landfill, Kern County, Order 5-01-160 (revision) - k) Guenac Winery, Inc., Guenoc Winery, Lake County, Order R5-2006-0037 {amendmen#) 33. NPDESIWDRITIME SCHEDULE ORDER RESCISSIONS a) California Department of Fish and Game and East Bay Municipal Utility District, Mokelumne River Fish Hatchery, San Joaquin County, Order R5-2004-0122 (NPDES Permit CA0004791) b) California Department of Fish and Game, Nimbus Salmon and Stee[head Hatchery and American River Trout Hatchery, Sacramento Coun#y, Order R5 2005-0057 (NPDES Permit CA0004774) c} California Sprouts, LLC, Sacramento Facility, Sacramento County, Order R5 2005-0034 (NPDES Permit CA0082961) and Time Schedule Order, R5-2005-0035 d) Dark Horse LLC, Dark Horse Golf Club LLC and Ed Fralick, Dark Horse Subdivision Wastewater Treatment Facility, Nevada County, Order R5 2002 0076 {WDRs) and Order R5 2008-0123 {WDRs amendmen#} e) Don Pedro HouseboatslMini Mart, Tuolumne County, Order 89-015 f) GWF Power Systems LP, Wilbur Avenue East Power Plant Antioch Site IV, Contra Costa County, Order . R5-2008-0013 and Time Schedule Order, R5-2002-0156 (NPDES Permit CA0082309) g) J.F. Enterprises and Burchell Nursery, J.F. Enterprises Worm )=arm, Stanislaus County, Order R5-2008-0089 (NPDES Permit CA0081949) h) San Luis State Recreation Area, Merced County, Order No. 85-316 i} Sierra Pacific Industries Camino Lumber Mill, E[ Dorado County, Order R5-2005-0008 {NPDES Permit CA0078841 } j) Tamarack Estates Wastewater Treatment Facility, Fresno County, Order 90-265 k} Tom C. and Betty J. Dyke. Tom C. Dyke Drilling and Blasting, Inc. and McGeachin DeAnza Gold Mining Company, Big Dipper Mine, Placer County, Order R5-1985-0298 I) Westside Harvesting Employee blousing Facility, Fresno County, Order 89-140 Agenda m) Yosemite Junction Partners, Tuolumne County, Oi•der 5-00-241 34. CHANGE OF NAME ANDIOR OWNERSHIP June 7-8, 2012 a) CCDA Waters LLC, Water Bottling Facility, Siskiyou County, Order 01-233 b) Clausen Meat Company, Inc., Kenneth Khoo, Merced County, Order 93-245 c) Pactiv Corporation, Tehama County, Order 91-064 d) Sequoia Dawn Farm Labor Center, Tulare County Fiausing Authority, Tulare County, Order 86-0(i7 e) Surabian Packing Co., Inc., Fresno County, Order 98-130 CI.,OSED 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}]; orto 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 listed below by the type of item: Litigation filed 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 Lois Avery, an Individual, and as Trustees of the Avery Family Revocable Trust of July 14, 2000 v. State Water Board et al. (Sacramento County Sup. Ct., Case No. 06CS00399) c. Dairy General Waste Discharge Requirements -Association de Gente Unida por el Agua et al. v. Central Valley Water Board (Sacramento County Sup. Ct., No. 2008-00003604); Baykeeper et al. v. Centro[ Valley Water Board (Sacramento County Sup. Ct., Case No. 2008-00003603} d. Dixon Commercial Park CAO - DCP v. State Water Board (Sacramento County Sup. Ct., Case No. 06C500299), and ConAgra Foods and Monfort, Inc. v. Central Valley Water Board (Solana County Sup. Ct., Case No. FCS027420) 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 W DRs --Central Valley Water Board v. A Greener Globe Corp. et al. (Placer County Sup. Ct., Case No. SCV113$3} g. City of Manteca v. State Water Board eta[. {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 -Garland v. Central Valley Water Board (CA Third District Ct. of Appeal. Case No. C06713D} j. Toxic Hot Spofs -San Francisco Baykeeper, lnc. et al. v. State Water Board et al. {Sacramento County Sup. Ct., Case Na. 99CSD2722) 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 1=oundation and California Sportfishing Protection Alliance v. Central Valley Water Board (Sacramento County Superior Ct., Case No. 34-2009-00047273) m. Vacaville NPDES Permit -City of Vacaville e# al. v. Central Valley Water Board and State Water Board (Ca. Ct. of Appeal, is' DCA, Case No. A127207) n. California Sportfishing Protection Alliance et al. v. California Department of Parks and Recreation et al. [Central Valley Water Board named as real party iri interest] {Alameda County Sup. Ct., Case No. RG09474549) Litigation filed by the Central Valley Water Board against other parties: a. Aerojet Cleanup -Central Valley Water Board et al. v. Aerojet-General Corp. et.al. (Sacramento County Sup. Ct., Case No. 286073, consolidated with Case Nos. 288302 and 291981 }; Central Valley Water Board et al. v. Aerojet-General Corp. et al. (EDCaI, Case No. CIV-S-86-0064-EJG) consolidated with U.S. v. Aerojet-General Corp. et al., (EDCaI, Case No. CIV-S-86-0063-EJG} b. Bonzi Landfill -Central Valley Water Board v. Ma-Ru Holding Company et al. {5tanislaus County Sup. Ct., Case No. 64374D) c. Iron Mountain Mine Cleanup -Central Valley Water Board et al. v. Iron Mountain Mines, Inc. et ai. (EDCaI, Case No. CIV-S-91-1167-DFL-PAN} and U.S. v. Iron Mountain Mines, Inc. et al., (EDCaI, Case No. S-9i-0768 DFLIJFM) d. Central Valley Water Board et al. v. Qriginal 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 R5-2D10-D09D) [NPDES Permit No. CADD77712] - Petition filed by California Sportfishing Protection Alliance b. Discovery Bay Wastewater Treatment Plant, WDRs Order R5-2008-D179 [NPDES Permit No. CA007859] -Petitions filed by San Luis & Deita-Mendota Water Authority et al. and California Sparlfishing Protection Alliance (State Water Board File Nos. A-1982 and A-19$2(a}) c. Vacaville Easterly WWTP WDRs Order R5-2008-OD55 and TSO R5-2008-0056 (NPDES Permit No. CA0077691] -Petition filed by the City of Vacaville (State Water Board File No. A-1932) Agenda June 7-8, 20'!2 d. Sacramento Regional Wastewater Treatment Plant, WDRs Order R5-2010-0114 [NPDES Permit No. CA0077682] - Petitionsfiled by Sacramento County Sanitation District and the California Sport#ishing Protection Alliance (State Water Board File No. A-2144) e. Resolution R5-2011-0032, Approving a Short-Term Renewal of the Coalition Group Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands -Petitions file by Califomia Sportfshing Protection Alliance et al. and Southern San Joaquin Valley Water Quality Coalition et al. (State Water Board File Nos. A-2173(a} and A-2173(b)) f. 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) g. 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(a) and 2172(b}} h. James G. Sweeney and Amelia M. Sweeney, Administrative Civil Liability Order R5-2011-0068 (State Water Board File No. A 2190). CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD MElirT1NG PROCEDURES GENERAL MEETING RULES The Central Valley Regional Water Quality Control Board {Cen#ral 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 #o the Board that 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. tf the Meeting Procedures in this agenda conflict with a specific Notice of Public Hearing or Hearing Procedures for a specifc item, the Notice of Pubtic 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 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 limited 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 affiliation 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 retard 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 specified 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 to Board members ar 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 Centro{ 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 porkies and Board staff have time to consider the evidence before the meeting. Written materials ar 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 consent agenda items are items for which there appears to be no controversy and which can be ac#ed 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 an the agenda must appear in person at the Board meeting and explain to the Board the reason the item is contested. PROCEDURE FOR INIFORMATION ITEMS {see also 23 CCR 649 etseq.} Information items are items presen#ed to the Board for 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 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 #o the Board. Time limits may be imposed on interested persons. PROCEDURE FOR ACTION ITEMS (see also 23 CCR 649 etseq.} Contested agenda i#ems 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-legisla#ive orquasi-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 legisla#ive, are governed by the rules for adjudicative proceedings. The regulations setting forth the procedures for adjudicative proceedings are codified in Title 23 California Cade of Regulations Division 3. Adjudicative proceedings before the Central Valley Wa#er 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 conduc#ed 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 115'!3 of the Government Code, and sections 809-805 of the Evidence Code can be found at _ _ _ httq:llwww.waterboards.ca.uovllaws reaulationsl 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 legaE 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 wilt 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 §§ 13267, 13300-13308, 13383]) 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 Hearing Procedures, the Notice of Public Hearing ar 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 witness lis# from other designated parties; to introduce exhibi#s; 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 Execu#ive Officer 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 reques# 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.dratt order is available for public comment. The request must explain the basis for status as a denigrated 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 s#aff Meeting Procedures 2 Updated January, 2012 • Testimony (and crass-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 • ©eliberation 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 far 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 flex, exhibits, and agenda material pertaining #o adjudicative proceedings on the agenda are hereby made a part of the record. ... ~. ~ .. _. . _ .. .. .. . OTHER INFORMATION Quasi-legislative matters include rulemaking and same 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 far future action. They are not adjudicative proceedings and are subject to different procedures. (See PROCEDURE FOR ACTIOIq 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 for tiling petitions (and cited above) will be provided upon request and are available at htt :Ilwww.waterboards.ca. ovllaws re ulations Any questions or comments regarding these procedures may be directed to: Kiran Lanfranchi-Rizzardi, Administrative Assistant 11020 Sun Center brive, #200 Rancho Cordova, CA 95670 Telephone (916) 464-4839 e-mail: klanfranchi(c~waterboarcts.ca.goy »»»~]]]]]<CCCCCCCCCCC Meeting Procedures 3 Updated January, 2012 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CI=NTRAt 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 Carmen L. Ramirez Jennifer Lester Moffitt Jan Costantino Karl E. Longley Katherine Hart Robert Schneider Sandra Meraz CITY OF RESIDENCE Afwater Davis Grass Valley Fresno Granite Bay Davis Alpaugh APPOINTMENT CATEGORY Public Irrigated Agriculture CounfylUnaffiliated Public Water Quality Recreaticn, Fish, or Wild Life Water Quality Water Supply TERM EXPIRES Pamela C. Creedon, Executive Officer Kiran Lanfranchi-Rizzardi, Administrative Assistant David Coupe, Sr.Staff Counsel Patrick P.ulupa, SfaffCounsei Alex Mayer, Staff Counsel SACRAMEN70 OFFICE 11020 Sun Center Drive, Suite 200 Rancho Cordova, CA 95670-6194 Telephone: {916) 464-3299 Fax: (916) 464-4758 Assistant Executive Officers: Kenneth Landau Richard Loncarovich Frederick S. Moss Supervisors- Brian Newman Calvin McGee Diana C. Messina 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 Jim Marshall Jae Mello Marie McCrink Jerry Bruns Jae Karkoski Linda Bracamonte Robert Busby Wendy Wyels Patrick Morris Stephanie Fong Steven Meeks Sue McConnell Steve Rosenbaum Susan Fregien Victor Izzo FRESNO OFFICE 1685 E Street Fresno, CA 93706 . Telephone: {559) 445-5116 Fax: {559) 445-5910 Assis#ant Executive Officer: Clay Rodgers 9/30/2013 9/30/2012 9/30/209 5 913 012 0 1 3 9/30/2012 9/30/2014 9/30/2094 Supervisors: Lonnie Wass Doug Patteson Seniors: Dale Essary Dane Johnson Shelton Gray David Sholes Warren Gross Matt Scroggins Dale Harvey Russell Walls Daniel Carlson REDDING OFFICI_e 415 Knollcrest Drive, Suite 200 Redding, CA 96002 Telephone: (530) 224-4845 Fax: (530) 22413857 Assistant Executive Officer: Robert A. Crandall Sypervisor: Bryan Smith Seniors: Angela Wilson Greg Cash George Day Clint Snyder