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HomeMy WebLinkAboutCVRWQCB February 1-2 Meeting Agenda ADMINISTRATION JAN 2 2 2010 OROVILLE,CALIFORNIA BUTTE COUNTY BOARD OF SUPERVISORS 25 COUNTY CENTER DRIVE OROVILLE CA 95965 XX 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 Valley 9/30/2019 Carmen L. Ramirez* Atwater 9/30/2020 Kari E. Longley Fresno 9/30/2020 Robert Schneider Davis 9/30/2018 Denise Kadara Allensworth 9130/2018 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 111 Stephanie Yu,Attorney 111 David Lancaster Attorney 1 SACRAMENTO OFFICE FRESNO OFFICE 11020 Sun Center Drive,Suite 200 1685 E Street Rancho Cordova,CA 95670-6114 Fresno,CA 93706 Telephone:(916)464-3291 Telephone:(559)445-5116 Assistant Executive Officers: Assistant Executive Officer: Adam Laputz Clay Rodgers Andrew Altevogt Linda Bracamonte Supervisors: Dale Harvey Supervisors: Doug Patteson Bob Chow Brian Newman Seniors: David King Daniel Carlson Alan Cregan Jeanne Chilcott Dale Essary Shelton Gray Nichole Morgan Warren Gross Scott Hatton Robert Busby Ron Holcomb Mike Pfister Robert Ditto David Sholes Matt Scroggins Stewart Black Russell Walls Sue McConnell REDDING OFFICE 364 Knolicrest Drive,Suite 205 Seniors: Redding,CA 96002 Scott Armstrong Gerald Djuth Telephone:(530)224-4845 Susan Fregien Charlene Herbst Howard Hold Kari Holmes Assistant Executive Officer: Elizabeth Lee Anne Littlejohn Clint Snyder Jim Marshall Daniel McClure Marie McCrink Steven Meeks Supervisors: Joe Mello Patrick Morris Bryan Smith Josh Palmer Steve Rosenbaum Angela Wilson Brad Shelton Seniors: Kate BurgerLynn Coster Ben Lefton _ George Low Jeremy Pagan Griffin Perea Elizabeth Betancourt 1-2, February 2018 7 .......... .................................................................. .................. AGENDA BOARD MEETING Public Meeting Thursday, I February 2018—9:30 a.m. Central Valley Regional Friday, 2 February 2018—9:30 a.m. Water Quality Control Board Filday's agenda includes only a c/osed session only Central Valley Water Board 11020 Sun Center Drive, Suite 200 ou Rancho Cordova, CA 95670 WEBCAST FOR THURSDAY'S MEETING ONLY The Central Valley Board strives to conduct accessible, orderly, and fair meetings. The Board abides by the following rules when conducting its meetings: • No person is required to register their name or provide other information to the Board in order to attend a Board meeting. Completing an attendance card is 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 only; 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: hftp://www.waterboard:s.ca.gov/centraIvalley-/boa,rddecisions/tentative orders/ Board agendas and the minutes of prior meetings are posted on the Board's website at, hftp://www,waterbloards.ca.gov/lr,entraIvallev/boardinfo/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 Lanfranchl- Rizzardi at (916) 464-4839 or klanfranchiawaterboards.ca,go The Board meeting will be conducted at a facility that is accessible to people with disabilities. Individuals requiring special accommodations are asked to contact Ms. Lanfranchi-Rizzardi at (916)464-4839 at least 5 working days prior to the meeting. TTY users may contact the California Relay Service at 1-800-735-2929 or voice line at 1-800-735-2922. A list of applications for Water Quality Certifications, which the Board issues pursuant to Section 401 of the Clean Water Act, can be found at: http://www.waterboards.ca.gov/cenitralvalley/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 webmaster5@yvaterboards.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. 1 —--—------------------- ................ ............... ............. ...................... .........--................... THURSDAY, FEBRUARY 1, 2018—9:30 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 5. State Board Liaison Update & Executive Officer's Report (http://www.waterboards.ca.gov/centralvalley/board info/exec officer reports/) a. Discussion of Board Priorities for Fiscal Year 16117" 7. The Board will be asked to approve items 12 through 14 with no discussion if no one is here to testify about them. ENFORCEMENT 8. Rene Larranaga, Modoc County- Consideration of Administrative Civil Liability[Scott Perrou, (916)464-4633] OTHER BUSINESS 9. "Enforcement Program Yearly Update" [Robert L'Heureux, (916)464-4736] 10. Local Agency Efforts to Address Illicit Dumping of Trash/Debris and the Water Quality Impacts of Homeless Encampments [Nichole Morgan, (916)464-4848] 11. ELECTION OF CHAIR/VICE-CHAIR. 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. 12. NPDES PERMITS AND ENFORCEMENT a. General Waste Discharge Requirements for Limited Threat Discharges to Surface Waters — Order R5-2016-0076(NPDES CAG995002) (Amendment) b. Meridian Beartrack Co Royal Mountain King Mine, Calaveras County— (NPDES CA0085243) (Renewal) 13. WASTE DISCHARGE REQUIREMENTS a. Ingomar Packing Company, LLC, Ingomar Tomato Processing Facility, Merced County, Order 83-087 (Revision) b. Primex Farms, LLC, Wasco Pistachio Processing Facility, Kern County, (New) c, OLAM West Coast and T&P Farms, OLAM West Coast Williams Facility, Colusa County, (New) d, Recology Ostrom Road, Recology Ostrom Road Landfill, Yuba County, Order R5-2009-0020(Revised) 1-2, February 2018 2 ..................................... ....................... ....... ...... 14. WASTE DISCHARGE REQUIREMENTSINPDES PERMITSITIME SCHEDULE ORDER RESCISSIONS a. Auburn Valley Community Service District, Auburn Valley Country Club, Auburn Valley Community Service District Wastewater Treatment Facility, Placer County, Order R5-2002-0030 b. Gold Mountain Community Services District, Plumas County, Order 96-263 c. Golden Feather Mobile Home Park, Butte County, Order 91-963 d. Sacramento County Airport System, Sacramento International Airport Wastewater Treatment Facility, Sacramento County, Order 92-078 15. CLOSED SESSION Discussion of Personnel Matters. (The board will meet in closed session to consider the appointment, employment, evaluation of performance, or dismissal of a public employee.) Authority: Government Code section 11126, subdivision (a). CLOSED SESSION The Board may meet inclosed session to consider personnel matters(Gov.Code,§11126 subd. (a),to deliberate on ad ecision 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 (Solano County Sup.Ct.,Case No. FCS027420) b. Administrative Civil Liability Orders R5-2011-0068,R5-2012-0070, R5-2093-0091,R5-2014-0119, R5-2015-0065,R5-2016-0063,and R5-2017- 0038,Cease and Desist Order R5-2017-0039,General Order R5-2013-0122,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 Nos. 15CECG02063, 17CECG00146, 16CECG03035, 17CECG03030,and 17CECG02994) c. Administrative Civil Liability Order Issued to Henry Tosta Dairy in 2013—Henry J. Tosta, et al.v. Central Valley Water Board, et al.(San Joaquin County Sup.Ct.,Case No.39-2014-00318863-CU-WM-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 al. (5"'Dist.Ct.of App.,Case No.F075868;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—Asociacion de Gente Unida por el Agua et al.v. Central Valley Water Board(Ca. Ct.of Appeal.3rd DCA,Case No.C066410;Sacramento County Sup.Ct.,Case No.34-2008-00003604) 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. NPDES Permit and Cease and Desist Order Issued to Malaga County Water District in 2014—Malaga County Water District v.State Water Resources Control Board, et al. (61 Dist.Ct.of App.,Case No.F075851; Fresno County Sup.Ct.,Case No. 14-CECG-03919,removed to Madera County Sup. Ct.,Case No. MCV071279) h. Administrative Civil Liability Order Issued to Morning Star Packing Company,L.P.,in 2016-Morning Star Packing Company,L.P. v. California Regional Water Quality Control Board, Central Valley Region,et al. (Colusa County Superior Court,Case No.24162) i. Administrative Civil Liability Order Issued to Malaga County Water District in 2016—Malaga County Water District v. Central Valley Regional Water Quality Board,et al. (Fresno County Sup.Ct.,Case No. 16-CECG-03036) Litigation filed by the Central Valley Water Board against other parties: j. Aerojet Cleanup—Central Valley Water Board et al.v.Aerojet-General Corp.at 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) k. Bonzi Landfill—Central Valley Water Board v.Ma-Ru Holding Company et al.(Stanislaus County Sup.Ct.,Case No.643740) I. 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) m. Orland Sand and Gravel Facility—People ex rel.Central Valley Water Board,Dept.of Fish and Wildlife v.Orland Sand and Gravel Corp.et al. (Glenn County Sup.Ct.,Case No. 15CV01436) n. 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: o. 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 Board File Nos.A-2239(a)through(c)) p. 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) q. Tulare Lake Basin Area irrigated Lands General Waste Discharge Requirements,Order R5-2013-0120—Petitions filed by Southern San Joaquin Valley Water Quality Coalition et al.,Michael and Yvonne LaSalle,and Asociacion de Gente Unida por el Agua(AGUA)et al. (State Water Board File Nos.A-2278(x)through(c)) r. City of Stockton,WDRs Order R5-2014-0070[NPDES No.CA0079138]and Time Schedule Order R5-2014-0071 (State Water Board File No.A-2315) 1-2, February 2018 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._qov/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. 1-2, February 2018 5 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) etitionslwater quality or will be provided upon request. 1-2, February 2018 6