HomeMy WebLinkAboutCentral Valley Regional Water Quality Control Board Agenda for Special Hearing � M.fn4..Jtti 4 I
20V Special Thursday, March 9, 2017—9:00 a.m.
Special Hearing for
AGENDA
PCentral "Valley Region Balt and
Public Meeting (X y u .UF0RNt Nutrient Management Plan
Central "Valley Regional 111020, Sun Center Drive, Suite 200
Water Quality Control Board �{4q������ rancho Cordova, CA 85070
THIS MEETING WILL BE WEBCAST
The Central Valley Board strives to conduct accessible, orderly, and fair meetings. The Beard 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 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 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 the Central 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:
httpi//www.waterboards,ca:,gov/centralvalley/board info/meetings/
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 klanfranch iwaterboard .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 Ids. Lanfra,nchi-Rizzardi at(916)464-4839 at least 5 working days prior to
the meeting. TTS'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,
ELECTRONIC PRESENTATIONS
PowerPoint and other electronic presentations are frequently presented at the Board Meetings. Please
e-mail presentations to the Board's Webmaster at welbmaster5@,waterboards.ca.cgov at least 24 hours in
advance, or Taring your files either on a USB Flash Drive or CD-ROM and give them to Board Staff prior to the
start of the meeting.
1
THURSDAY, MARCH 9 2'017—9:00 A.M.
1, Introductions, Pledge of Allegiance
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
SALT AND NITRATE MANAGEMENT PROGRAM
5. Proposed Salt and Nitrate Management Plan (SNMP) for the Central Valley Region—Board Hearing to Receive
Oral Comments and to Consider a Resolution Accepting the SNMP and Directing Board Staff to Initiate Basin Plan
Actions to Implement the Recommendations of the SNMP[Glenn Meeks (9 16)464-4701
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. 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 at. v. State Water Board, et al. (Fresno County Sup.Ct.Case No. 15CEG02063)
c. Administrative Civil Liability Order Issued to Henry Tosta Dairy in 2013—Henry J. Tosta, et al, v, Central Valley Water Board, at al. (San
Joaquin County Sup.Ct.,Case No. 39-2014-00318863-CU-VVM-STK)
d. 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)
e. Dairy General Waste Discharge Requirements, Reissued in 2013—Asociaci6n de Gente Unida par el Ague et at v. Central Valley Water
Board(Ca.Ct,of Appeal.3rd DCA,Case No. 0066410;Sacramento County Sup.Ct., Case No.34-2008-00003604)
f. 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)
g. 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)
h. 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 at (Fresno County Sup.Ct.,Case No. 14-CECG-03919, removed to Madera County Sup.Ct.,Case
No, MCV071279)
i. 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. 1 5CECGO3668)
J, 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. (Colliusa County Superior Court,Case No.24162)
k. Administrative Civil Liability Order Issued to Malaga County Water District in 2016—Malaga County Water District v. Central Valley Regional
Water Quality Board, et at (Fresnio County Sup,Ct.,Case No. 16-CECG-03036)
Litigation filed by the Central Valley Water Board against other parties:
a. Aerojet Cleanup—Central Valley Water Board et al. v.Aerciet-General Corp. at 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 at (EDCal,Case No.CIV-S-
86-0064-EJG)consolidated with U.S. v.Aerciet-General Corp,et al., (EDCal,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)
cl. Orland Sand and Gravel Facility—People ex ret 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. 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 par el Aqua(AGLA)et al. (State
Water Board File Nos,A-2239(a)through(c))
lb. 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)
Updated February 14, 2017 2
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c. 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 Asociacihn de Gente Unida por el Agua(AQUA)et al. (State
Water Board File Nos.A-2278(a)through(c))
d. 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)
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. 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)
h. Valley Water Management Company,Cease and Desist Order R5-2015-0093—Petitions filed by Valley Water Management Company,Clean
Water Action,and the Central California Environmental Justice Network(State Water Board File Nos.A-2148(x),A-2148(b),and A-2148(c))
i. CMC Land Holdings, LLC,ACL Order R5-2016-0084—Petition filed by CMC Land Holdings, LLC(State Water Board File No.not yet
available)
Updated February 14, 2017 3
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, 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.
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 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.
Updated February 14, 2017 4
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_not ices/petitions/water quality
or will be provided upon request.
Updated February 14, 2017 5
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.
CITY OF
BOARD MEMBERS 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
Raji Brar Bakersfield 9/30/2020
Daniel B. Marcum Fall River Mills 9/30/2019
*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 Deeringer,Attorney!
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)445-5196
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
Brian Newman Seniors:
David King Alan Cregan
Jeanne Chilcott Dale Essary Russell Walls
Nichole Morgan Daniel Carlson Scott Hatton
Robert Busby David Sholes Shelton Gray
Stewart Black Matt Scroggins Warren Gross
Sue McConnell Mike Pfister
Wendy Wyels Ron Holcomb
Seniors: REDDING OFFICE
Anne Littlejohn 364 Knollcrest Drive,Suite 205
Brett Stevens Kari Holmes Redding,CA 96002
Charlene Herbst Marie McCrink Telephone:(530)224-4845
Daniel McClure Marty Hartzell
Elizabeth Lee Michelle Wood Assistant Executive Officer:
Gerald Djuth Patrick Morris Clint Snyder
Howard Hold Scott Armstrong
Jim Marshall Steve Rosenbaum Supervisors:
Josh Palmer Steven Meeks Bryan Smith
Joe Mello Susan Fregien Angela Wilson
Seniors:
Ben Letton Kate Burger
George Low Lynn Coster
Griffin Perea
Jeremy Pagan
Updated February 14, 2017 6