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HomeMy WebLinkAboutCentral Valley Water Board agendaAGENDA Public Meeting Central Valley Regional Water Quality Control Board The Board will conduct the Board Meeting at the Rancho Cordova office on both Thursday and Friday, but will provide teleconference equipment that will permit Board Members to participate from the Board's Fresno office. The public may participate in the Board meeting through audio electronic means from the Fresno office location, but is strongly encouraged #hat anyone planning to make a presentation to the Board should attend the t` R h C d ~~L~ Thursday April 11, 2013 - 9:00 a.m. Friday April 12, 2013-9:00 a.m. Central Valley Regional Water Quality Control Board 1'[020 Sun Center Drive, #200 Rancho Cordova, CA 95670 AND ,O,tZQV~.1,,~~;Ctd~ ea~aooF~ MAR 2 8 2013 Central Valley Regional Water Quality Control Board 1685 E. Street Fresno, CA 93706-2007 mee rng m anc o or ova. ~~ CJIL~t~~ The purpose of this meeting is for the Board to obtain testimony and information from concerned and affected 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 Meeting Procedures described 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 out 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 ifi they or their agents have or propose contributing more than $250 to a Board member for an election campaign. Contact the Board office for details if you fall into this category. items showing times will 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 the next day of the meeting. The Board may conduct any scheduled hearing as a Panel Hearing as allowed bylaw in the event of a lack of a Board member quorum. !n 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 pubic session will resume. >,aw Enforcement personnel may be present at the Board meeting. Technical questions regarding agenda items should be directed to the responsible staff person whose name and direct phone number are indicated by the agenda item. If no staff person is listed, or for genera! questions and requests for agenda material, please contact Kiran t_anfranchi-Rizzardi a# (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 line at 1-800-735-2922. Board agendas and the approved minutes of Board meetings are posted on the Board's website at httga/www.waterboards.ca.govlcentralvalleylboard infolmeetingsl Copies of the items to be considered by the Board are posted on the Board's website at httaalwww.waterboards.ca.govlcentralvalle_ylboard decisionsltentative ardersl organized by agenda item number. A listing of pending applications for Water Quality Certifications, pursuant to section 401 of the Federal Clean Water Act, may be obtained from the Board's website at httaalwww.waterboards.ca.gov/centralvalleylpublic noticeslor by calling the office mainline at (916) 464-3291 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 complefe all presentations, cross- examinafion, Beard deliberation and voting within the allotted time. Allotted times are listed on the agenda following each item. Please consider the allotted time when preparing your presentations. Items with specific times listed wil[ not be heard before that time but may be heard later. ELECTRDNIC PRESENTATIONS 1=0R BOARD MEETINGS Power Point and other electronic presentations are frequently presented at the Regional Water Board Meetings. Please a-mail presentations to fhe Regional, Board Webmasfer at: webmaster5@waterboards.ca.gov at least 24 hours in advance, or bring your files either on a USB Flash Drive, or CD RDM and give them to Board Staff prior to fhe start of the meeting. Providing the electronic files in advance will allow the Board Meeting to proceed without any interruption. THURSDAY;:APRIt_ 11, 2013-9:fl0 A.M. . , ~, 1. introductions, Pledge of Allegiance and approval of the 524th Board meeting minutes. ,~ ~.~. ~ , 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 vo#ing or formal action taken. 4. Public Forum -Any member of the public may address fhe Board on any matter within the Board's jurisdiction and not scheduled forconsiderafion at this meeting, or pending before the Board (3 minute time limit per subject) 9:00 A.M. 5. Executive Officer's Report (htt :Ilwww.wa#erboards.ca. ovlcentralvalle (board infolexec officer re ortsl OTHER BUSINESS 6. Bay-Delta Plan Update -Status Report by State Board Staff [Note: comments made during this informational ifem are not part of the record of the State Water Board's Bay-Delta Pfan update] [Ken Landau - (916) 464-4726] (Estimated Time 34 minutes) 7. Hilmar Cheese Company, Inc., Hilmar Cheese Processing Plant, Merced County -Status Report on Processing Plant Improvements. Informafional item only [Lonnie Wass (559) 445-6051] (Estimated Time 45 minutes) NPDES PERMITS 8. The Vendo Company, Groundwater Remedia#ion System, Fresno County -Consideration of NPDES Permit Renewal [Alex Mushegan (559) 488-4397] (Estimated Time 15 minutes) WASTE DISCHARGE REQUIREMENTS AND ENFORCEMENT 9. City of Tulare Wastewater Treatment Facility, Tulare County -Consideration of Revised Waste Discharge Requirements Order R5-2002-0785 including a new Master Recycling Permif [Steve Popenoe (559) 444-2418] (Estimated Time 15 Minutes) 10. City of Tulare Wastewater Treatment Facility Tulare Coun#y -Consideration of a Special Order Rescinding Cease and Desist Order R5-2002-0986 [Steve Popenoe (559) 444-2418] {Estimated Time 15 minutes) 11. Planada Community Services District, Wastewater Treatment Facility, Merced County -Consideration of New Wasfe Discharge Requirements [Denise Soria (559) 444-2488] (Estimated Time 15 Minutes) 12. -City of lone Wastewater Treatment Plant, Amador County- Consideration of.- a. Waste Discharge Requirements [Lixin Fu (916) 464-4689] b. Cease and Desist Order [Mary Boyd (916} 464-4676] (Estimated Time fi0 minutes) PLANN[NG 13. Proposed Amendment.to the Water Quality Control Plan to Establish a Drinking Water Policy for Surface Waters of the Sacramento-San Joaquin Del#a and Upstream Tributaries -Public Hearing to Receive Commenfs [Jay Simi (916) 4644833] (Estimated Time fi0 minutes) 3 FRIDAY, APRIL 12 2013 - 9:00 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 voting or formal action taken. 17. Public Forum -Any member of the public may address fhe Board an any maffer within the Board's jurisdiction and not scheduled for consideration at fhis meeting, or pending before fhe Board (3 minute time limit per subject) 9:00 A.M. 18. Executive Officer's Report (h_ttp;Ilwww.waterboards.ca.govlcentra]valley/board_infolexec officer reports]) 19. The Board will be asked to approve items 21 through 28 with no discussion if no one is here to testify about them. See pages 3-4. 20. Proposed Amendments #a the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins (the "Basin Plan") for the Control of Diazinan and Chlorpyrifos -- Pubic Nearing to Receive Comments [Danny McClure (916) 464-4751] (Est:irr~ated Tune 180 minutes) UNCONTESTED CALENDAR Uncontested items are expected to be routine and non-controversial; recommendations will be acted on without discussion. If any interested party, Board, or staff member requests discussion, the item may be removed from the Uncontested Items Calendar and taken up in the regular agenda order, or in an order determined by the Board Chair. 21. ENFORCEMENT San Joaquin County Department of Public Works, Corral HolEow Sanitary Landfill, San Joaquin County - Consideration of Cease and Desist Order OTHER BUSINESS 22. Central Valley Region Emergency, Abandoned and Recalcitrant 2013114 Annual Site Priority List -- Consideration of Resolution Adopting the Priority List. 23. Consideration of Revision of Condifiona! Waiver of Waste Discharge Requirements for Disaster-Related Wastes During a State of Emergency wifhin fhe Centro! Valley Region, Order R5-2008-0093 NPDES PERMITS 24. Department of Corrections and Rehabilitation, Sierra Conservation Center Water Treatment Plant, Tuolumne County -Consideration of NPDES Permit Renewal (NPDES Na. CA008254t3) 25. WASTE DISCHARGE REQUIREMENTS a. Delicato Family Vineyards, Delicato Vineyards, San Joaquin County, Order 96-077 (revision} b. Hilmar Cheese Company, Inc.,-and Reuse Area Owners, Hilmar Cheese Processing Plant Merced County, Order R5-2010-0008 (amendment) c. Homestake Mining Company, Order Amending Waste Discharge Requirements Order No. R5-2012-0010, McLaughlin Mine, Lake, Napa and Yolo County (amendment) d. Tuolumne County Community Resources Agency, Big Oak Flat (Groveland} Sanitary Landfill, Class III Municipal Solid Waste Landfill, Past-Closure Maintenance and Corrective Action, Tuolumne County, Order R5-2002-0142 9 {revision) 26. CEASE AND ©ESIST ORDER AND T[ME SCHEDULE ORDER RESCISSIONS a. Bear Valley Water District, Wastewater Treatment Plant, Alpine County -Order R5-2005-0140 b. City ofi Lodi, White Slough Water Pollution Control Facility, San Joaquin County -Order R5-2007-0114 c. City of Woodland, Wastewater Treatment Plant, Yolo County -Order 98-022, Order R5-2003-0032, and Order R5-2003-0032-R01 4 d. Lake County Sanitation Dis#ric#, Kelseyville County Waterworks District No. 3 Wastewater Treatment Facility, Lake County - Order R5-2005-OOD7 e. Linda County Water Distric#, Wastewater Treatment Plant, Yuba County -Order 5-00-166 f. Mountain House Community Services District, Mountain House Wastewater Treatment Plant, San Jcaquin County --Order R5 2D12-D073 (NPDES Permit No. CAOD84271) g. Nevada County Sani#ation Distric# No. 1, Cascade Shares Wastewater Treatment Plant, Nevada Coun#y Order R5-2005-0714 (CAO} and Order (CDO} R5-2008-0792 27. WDRINPDES RESCISSIONS a. Alvin Loftis, Kings County, Order 91-166 b. Bell-Carter Olive Company, Inc. Plant 1, Corning, Tehama County Order R5-2007-0455 (NPDES No. CA0081639} c. City of Atwater Wastewater Treatment Facility, Merced County, Order 93-170 d. Dow Chanslor Lease, Kern County, Order 58-186 e. Hakker Brothers, Kings County, Order 99-128 f. I'SOT, Inc., Geothermal Heating System, Modoc County, Order R5-2007-0119 (NPDES No. CA0084859) g. Mariposa County, Don Pedro Sewer Zone 1 and Frank Leonardi, Mariposa County, Order 94-278 h. Morning Star Merced, LLC, Merced County, Order 95-27 i. Mr. and Mrs. Art Martella, Kings County, Order 96-084 j. Orange Cove Irrigation District, Fresno and Tulare Counties, Order 89-068 k. OsceolalMorning Glory Mines, Sierra County (WDRs Order No. 78-182) I. Ralph Alcala, Kings County, Order 91-167 28. CHANGE OF NAME AND10R OWNERSHIP a. Tri-Valley Oil & Gas, Claflin Lease, Edison Oil Field, Kern County, Order 92-11030 b. City of Lindsay and SWORLCO, LP and Edward and Edna Brower Revocable Trust, Tulare County, Order R5-2012-0122 c. Johnsville Public Utility District, Johnsville Water Treatment Plant, WDR Order No. R5-2002-0144, Plumes County CLOSED 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)]; or to discuss matters in litigation, including discussion of initiated litigation, significant exposure to litigation, or decisions to initiate litigation [Authority: Government Code section 11126(e)]. Litigation items that may be discussed are listed below by the type of item: Litigation filed against the Central Valley Water Board andlar the State Water Soard: a. Bell Carter NPDES Permit -Environmental Law Foundation v. Gentral Valley Water Board {Tehama County Sup. Ct., Case No. 80668) 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. OSCS00399} c. Dairy General Waste Discharge Requirements -Association de Gente tJnida por el Agua et al. v. Gentral Valley Water Board (Ca. Gt. of Appeal. 3`~ DCA, Case No. C066410) Sacramento County Sup. Ct., No. 2008-00003604) d. Dixon Commercial Park CAO - DCP v. State Water Board (Sacramento County Sup. Gt., Gase No. 06CS00299}, and ConAgra Foods and Monfort, Inc. v. Central Valley Water Board (Solano Gaunty Sup. Ct., Case No. FCS027420) e. E=1 Dorado Irrigation District NPDES Permit -California Sportfishing Protection Alliance v. Centre[ Valley Water Board. (Sacramento County Sup. Ct., Case No. 34-2009-80000309} f. Greener Globe Landfill WDRs -Central Valley Water Board v. A Greener Globe Corp. et al. (Placer County Sup. Gt., Gase No. SCV11383} g. City of Manteca v. State Water Board et al. (Sacramento County Sup. Ct., Case No. 34-2011-80000-831) h. Sacramento Regional County Sanitation District v. Central Valley Water Board and State Water Board (Sacramento County Sup. Ct., Gase No. 34-2011-80001028}. i. California Sportfishing Protection Alliance v. California Regional Water Quality Control Board, Central Valley Region, et al. (Sacramento County Superior Court, Case No. 34-2013-80001358-GU-WM-GDS j. Toxic Hot Spots -San Francisco Baykeeper, Inc, et al. v. State Water Board et al. (Sacramento County Sup. Ct., Case No. 99GS02722) k. City of Tracy v. State Water Board (San Joaquin County Sup. Gt., Case No. 39-2011-00256340-CU-JR-STI<) Tracy NPDES Permit R5-2007-0036 -Environmental Law Foundation and California Sportfshing Protection Alliance v. Central Va11ey Water Board (Sacramento County Sup. Ct., Case No. 34-2009-00047273) Irrigated Lands Coalition Waiver and Program EIR -San Joaquin County Resource Conservation District California Farm Bureau Federation et al. v. Central Valley Water Board; Cal'tfarnia Sportfishing Protection Alliance et al. v. Centro' Valley Water Board (Sacramento County Sup. Ct., Case No. 34-2012-80001186} (Consolidated Case No. RG 12632180) Stale Water Contractors, Inc. v. State Water Board and Central Valley Water Board (Sacramento County Sup. Ct., Case No. 34-2011-00107299) Litigation filed by the Central Valley Water Board against other parties: a. Aerojet Cleanup -Central Valley Water Board et al. v. Aerojet-General 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-Genera[ Corp. et al. (EDCaI, Case Na. CIV-S-86-0064-EJG} consolidated with U.S. v. Aerojet-General Gorp. et al., (EDCaI, Case Na. CIV-5-86-0063-EJG) b. Bonzi Landfill -Central Valley Water Board v. Ma-Ru Holding Company et al. (Stanislaus County Sup. Ct., Case No. 643740) c. Iron Mountain Mine Cleanup -Central Valley Water Board et al. v. Iron Mountain Mines, Inc. eta{. {EDCaI, Case Na. GIV-S-91-1167-DFL-PAN) and U.S. v. Iron Mountain Mines, Inc. et al., (EDCaI, Case No. S-91-0768 DFLIJFM) d. Central Valley Water Board et al. v. Original Sixteen-to-One Mine, Inc. et al. (Sierra County. Sup.Ct., Case No. 7019) Petitions for Review of Central Valley Water i3oard Actions filed with State Water Board: a. 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 b. 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 Sportfshing Protection Alliance (State Water Board File Nos. A-1982 and A-1982(a)) c. Vacaville Easterly WWTP WDRs Order R5-2008-0055 and TSO R5-2008-0056 [NPDES Permit No. CA0077691] -Petition filed by the City of Vacaville (State Water Board File No. A-1932) d. Nevada County Sanitation District No. 1, Lake of the Pines WWTP, WDRs Order R5-2009-0031 [NPDES Permit No. GA0081612] (State Water Board File No. A-2019) e. 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)) f. James G. Sweeney and Amelia M. Sweeney, Administrative Civil Liability Order R5-2011-0068 (State Water Board File No. A-2190) g. James. G. Sweeney and Amelia M. Sweeney, Groundwater Monitoring Directive (State Water Board File No. A-2213) h. James G. Sweeney and Amelia M. Sweeney, Administrative Civil Liability Order R5-2012-0070 (State Water Board File Number To Be Assigned) i. 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 (AQUA) et al. (State Water Soard File Nos. A-2239(a) through (c}) j. City of Tracy, WDRs Order R5-2012-0115 [NPDI=S Permit No. CA0079154] (state Water Board Fife No. A-2238.) k. California Sporifshing Protection Alliance, Settlement Agreement and Stipulation for Entry of ACL Order No. R5-2012- 0112far the City of Redding (State Water Board File No. A-2240) 6 CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD MEETING PROCEDURES GENERAL MEETING RULES The Central Valley Regional Water Quality Control Board {Central Valley Water Board, or Board} and staff welcome information on issues and mafters 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 at#endance. Any person planning to make a presentation to the Board that requires the use of visual aids (such as overheads, slides, or video projector} should contact,the assigned staff person to, make arrangements before the meeting da#e in order to avoid unnecessary delays during the meeting. If the Meeting Procedures in this agenda conflict with a specific Notice of Public Hearing or Hearing Procedures for a specific item, the Notice of Public 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 fioints 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 shall 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 or 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 Central 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 s#atements} will generally be deemed prejudicial unless all designated parties and Board staff have time to consider the evidence before the meeting. Written materials or other documents submitted'at the Board meeting must be provided first to Board counsel who will~advise the Board regarding acceptance into the retard. PROCEDURE FOR UNCONTESTED (CONSENT) AGENDA ITEM5 (see also 23 CCR 647.2(f}} Uncontested ar consent agenda items are items far which there appears to be no controversy and which can be acted upon by the Board with limited or no discussion. Such items have been properly noticed and all interested parties consent to the staff recommendation. The Board Chair will recognize late revisions submitted by staff and will then call for a motion and vote by the Board. if any Board member or member of the public raises a question or issue regarding the item that requires Board di5CUS510n, the item may be removed from the consent calendar and considered in its numerical order on the agenda, or in an order determined by the Board Chair. Anyone wishing to contest a consent item on the agenda must appear in person at the Board meeting and explain to the Board the reason the item is contested. PROCEDURE FOR INFORMATION ITEMS (see also 23 CCR 649 et.seq.) Information items are items presented 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 interested persons shall also be allowed. Members of the public wishing to address the Board on the topic under discussion should submit an attendance card beforehand indicating their request to speak to the Board. Time limits may be imposed on interested persons. PROCEDURE FOR ACTION ITEMS (see also 23 CCR 649 et.seq.) Contested agenda items are items to which the parties involved have not consented and the staff recommendation is in dispute. The procedure that applies to such i#ems depends on the nature of the matter. Matters before the Board may be quasi-legislative or quasi-judiciaE (adjudicative proceedings}. Such items may require a public hearing and all interested persons will be provided an opportunity to make comments. Contested agenda items that are adjudicative, not quasi legislative, are governed by the rules far adjudicative proceedings. The regulations setting forth the procedures for adjudicative proceedings are codified in Title 23 California Code of Regulafioris Division 3. Adjudicative prdceedings before the Centro! Valley Water Board are governed by these regulations as authorized by chapter 4.5 of the Administrative Procedure Act (commencing with section 11400 of the Government Code). The regulations provide that, with certain exceptions, adjudicative proceedings will be conducted in accordance with sections 804-8fl5 of the Evidence Cade and section 11513 of Chapter 5 of the Government Code. (Other provisions of chapter 5 do not apply). A copy of those regulations and chapter 4.5 of the Administrative Procedure Act, section 11513 of the Government Cade, and sections 801-805 of the Evidence Code can be found at htto:/lwww.waterboards.ca.aovllaws reoulationsl An adjudicative proceeding is a hearing to receive evidence for determination of facts pursuant to which the Board formulates and issues a decision. A decision determines a legal right, duty, privilege, immunity, or other legal interest of a particular person or persons. Examples of adjudicative proceedings include hearings #o receive evidence concerning the issuance of waste discharge requirements or National Pollutant Discharge Elimination System (NPDES) pErmits; concerning cease and desist orders; and concerning orders setting administrative civil liability. Adjudicative hearings are not conducted according to the technical rules of evidence, and the Board will accept any evidence or testimony that is reasonably relevant. The Notice of Public Hearing will set 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 CERTAIN INVESTIGATION OR ENFORCEMENT ORDERS [Wat. Code, §§ 13267,1326$, 13300, 13301, 13304, 13350, 13383, and 133$5]} All persons interested in a specific item should consult the Hearing Procedure issued for that,item to see if any of the following information is inapplicable. Contact Board staff if you do not know whether there is a Hearing Procedure for the item or if~you need a copy. If the following conflicts with a specific•Notice of Public Hearing orHearing Procedure,-the Notice of Public Hearing or specific Hearing Procedure 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 list from other designated parties; to introduce exhibits; to cross-examine opposing witnesses; to impeach any witness; to rebut the evidence against him or her; to make or oppose evidentiary objections; to make opening or closing statements; or to have a prehearing conference with the Board's advisors. A request for these hearing procedures must be received by the Executive Officer at least fve 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 request status as a designated party for purposes of an item by submitting such request in writing to staff assigned to the matter, no later than two weeks after the draft order is available for public comment. The request must explain the basis for status as a designated party and, in particular, haw the person is directly affected by the discharge. 8 Central Valley Water Board staff will designate a prosecution team to serve as a designated party for prasecutoria! matters, such as the prosecution of administrative civil liability orders. Advisory staff in prosecutorial matters, and all staff in non-prosecutorial matters, are not designated parties bu# 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 staff • Testimony (and cross-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 • Deliberation and voting by Board Closing statements shall be for the purpose of summarization and rebuttal, and are not to be used to introduce new evidence or testimony, or to restate direct testimony. After considering evidence, testimony, and comments, the Board may choose to adopt an order regarding a proposed agenda item. Persons wishing to introduce exhibits (i.e., maps, charts, photographs) must leave them with the Board's Assistant Executive Officer. If you plan to use visual aids such as PowerPoint slides, contact staff prier to the meeting to arrange for equipmen# se#-up. You mus# provide a printed or electronic copy of any visual aids. Photographs or slides of large exhibits are acceptable. All Board files, exhibits, and agenda material pertaining to adjudicative proceedings on the agenda are hereby made a part of the record. OTHER INFORMATION Quasi-legislative matters include rulemaking and some informational proceedings. These mat#ers may include hearings . for the adoption or amendment of regulations; water quality contra[ plans or state policy for water quality control and hearings to gather information to assist the Board in formulating policy for future action. They are not adjudicative proceedings and are subject to different procedures. (See PROCEDURE FOR ACTION [TEMS, 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 peti#ion the S#ate Water Resources Con#rol Board (State Water Board) according #o 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 ar failed to ac#. Copies of the law and regulations applicable for fling petitions (and cited above) wiI[ be provided upon request and are available at hft :Ilvvww.waterboards.ca. ovllaws re ulations Any questions or comments regarding these procedures may be directed to: Kiran L.anfranchi-Rizzardi, Administrative Assistant 11020 Sun Center Drive, #200 Rancho Cordova, CA 95670 Telephone (916) 464-4839 e-mail: klanfranchi{6~waterboards.ca.gov »»»»»»C<G<CCCC<CC< CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION The primary duty of the Board is to protect the quality of the waters within the Region for all beneficial uses. This duty is implemenked by formulating and adopting water quality plans for specif c ground or surface water basins and by prescribing and enforcing requirements an all agricultural, domestic and industrial waste discharges. Specific responsibilities and procedures of the Boards and the State Water Resources Control Board are contained in the Porter-Cologne Water Quality Control Act. BOARD MEMBERS Karl E. Longley Jan Costantino Jennifer Lester Moffitt Carmen L. Ramirez" Sandra Meraz Robert Schneider *Public member in accordance with Water Code section 132D1{c} Pamela C. Creedon, Executive Officer Kiran Lanfranchi-Rizzardi, Administrative Assistant David Coupe, Sr.Staff Course! Patrick Pulupa, Staff Counse! Alex Mayer, Staff Counsel SACRAMENTO OFFICE 11020 Sun Center Drive, Suite 200 Rancho Cordova, CA 95670-6114 Telephone: (916} 464-3291 Fax: (916) 464-4758 Assistant Executive Officers: Kenneth Landau Richard Loncarovich Andrew Altevogt Supervisors: Bob Chow Brian Newman Duncan Austin James Marshall (Acting} Jerry Bruns Joe Karkaski Seniors: Anne Olson Rudy Schnagl Brett Stevens Charlene Herbst Cori Condon Daniel McClure Elizabeth Lee Gayleen Ferreira Gerald Djuth James Munch Jeanne Chilcott Linda Bracamante Robert Busby Wendy Wyels CITY OF RESIDENCE Fresno Grass Valley Davis Atwate r Alpaugh Davis FRESNO OFFICE 1685 E Street Fresno, CA 93706 Telephone: (559) 445-5116 Fax: (559} 445-5910 Assistant Executive Officer: Clay Rodgers Su ervisors: Lonnie Wass Doug Patteson Seniors: Dale Essary Shelton Gray Warren Gross Dale Harvey Daniel Carlson TERM EXPIRES 913 012 0 1 3 913 012 0 1 5 9/30/2016 913 012 0 1 3 913 012 0 1 4 9/30/2014 Dane Johnson David Sholes Matt Scroggins Russell Walls REDOING OFFICE Patrick Morris 364 Knollcrest Drive, Suite 205 Steven Meeks Redding, CA 96002 Sue McConnell Telephone: (530) 224-4845 Steve Rosenbaum Fax: {530) 224-4857 Susan Fregien Assistant Executive Officer: Victor Izzo Clint Snyder Jim Marshall Joe Mello Supervisor: Marie McCrink Bryan Smith Seniors: Angela Wilson Greg Cash George Day Updated March 2013