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Home My WebLink AboutCVRWQCB Public Meeting Agenda for August 2, 2018 BU'rrE COUNTY ADMINISTRATION or- or-�L AGENDA 1 - _` BARD MEETING Public. Meeting Thursday,August 2—9:00 a.m. y XA IFOR IA Central Valley Water Board Central Valley Re� �,l 111020 Bun Center Drive, Suite 20,0Water Quality Control Board Rancho Cordova, CA 95670 o11 1 QUAL tib" THIS MEETING WILL BE WEBCAST The Central Valle Board strives to conduct accessible, orderly, and fair meetings. The Board abides b the following Valley y g y 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. W 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 postedon the Board's website at: http://www.waterboards.ca.gov/centraIvaIley/board decisions/tentative orders/ Board agendas and the minutes of prior meetings are posted on the Board's website at: http://www.waterboards.ca.gov/centraIvaIley/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 kllanfranchiwaterboards.ca.gov The Board meeting will be conducted at a facility that is accessible to people with disabilities. Individuals requiring special accommodations are asked to contact Ms. Lanfranchi-Rizzardi at(916)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/centralvalle / ublic 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 waterboards.ca. ov 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, AUGUST 2, 2018 9.00 AM 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 6. Executive Officer's Report(http://www.waterboards.ca.gov/centraIvaIley/board info/exec officer reports/) (a) "Fiscal Yearend Water Board Program Perfon-nance Report" 7. The Board will be asked to approve agenda items 1'1 through 14 if no one is present to contest them 8. OTHER BUSINESS Consideration of Resolution Delegating Powers and Duties to the Executive Officer 9. NPDES PERMITS Sacramento Regional County Sanitation District, Sacramento Regional Wastewater Treatment Plant, Sacramento County—Consideration of at? Order Amending Waste Discharge Requirements Order R5-2016-0020, (NPDES Permit CA0077682)[Xuan Luo(916) 464-4606] 10. PLANNING Delta Nutrient Research Plan—Consideration of Resolution Approving the Plan and Directing Staff to Implement the Plan[Janis Cooke (916) 464-4672] 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 11. LOCAL AREA MANAGEMENT PLANS (LAMPS) Sierra County Environmental Health Department, Sierra County- Consideration of Resolution to Approve Local Agency Management Program 12. WASTE DISCHARGE REQUIREMENTS ANC► ENFORCEMENT a. California Department of Transportation, Lake 29 Improvement Project—Segment 2C, Lake County, (New) b, Calaveras County Water District, La Conitenta Wastewater Treatment Facility, Calaveras County, WDRs, Order 135-2013-0133 (Amendment) c. Langer Farms Lill Fruit Juicing Facility, Kern, County(New) d, Lion Raisins, Inc., Selma Raisin Packing Facility, Fresno County, Order 5-00-094 (Revised) e. Sierra County Service Area No. 5 Zone 5A(Sierra Brooks,), Sierra County, Consideration of a Resolution Allowing an Exemption for an Engineered Residential Wastewater(Disposal System: Under Waste Discharge Requirements Order 85-039(New) f. Treehouse California Almonds, LLC, Earlimart Almond Plant, Tulare County, Order 97243 (Revised) August 2, 2018 2 13. WASTE DISCHARGE REQUIREMENTSINPDES PERMITSITIME SCHEDULE ORDER RESCISSIONS a. Butte County, Rocky Bluffs &Skansen, CSA No. 21, Order 92-211 b. Butte County, Stirling City, CSA No. 82, Order 96-048 c. Calaveras County Water District,Wallace Lake Estates, Calaveras County, Order R5-2003-0101 d. Caritas Acquisitions I, LLC; Castle City Mobile Home Park, Placer County, Order 98-049 e. City of Visalia, Water Conservation Plant, Tulare County, Order R5-2014-0076 (NPDES Permit) CA0079189) and Time Schedule Order R5-2014-0077 f. San Joaquin County Department of Public Works, Linne Estates, San Joaquin County, Order R5-2004-0078 g. United States Department of the Interior, Bureau of Reclamation, Administrative Center and Oak Shore Recreation Center, Napa County, Order 5-00-202 14. CHANGE OF NAME AND OR/OWNERSHIP a. Former Holly Sugar Plant, Butte County,Waste Discharge Requirements Order 5-00-184 b. Maybelle Timm Eley, Timm Mine, El Dorado County, Order R5-2014-0108 c. Mountain Oaks Properties, Butte County CSA No. 141, Butte County, Order2014-0153-DWQ-R5222 d. Foothills Mobile Home Park, Butte County, Order 2014-0153-DWQ-R5226 August 2, 2018 3 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 (Solano County Sup.Ct.,Case No.FCS027420) b. Administrative Civil Liability Orders R5-2011-0068, R5-2012-0070,R5-2013-0091,R5-2014-0919,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 al. v.State Water Board,et al.(Fresno County Sup.Ct,Case Nos.75CECG02063, 17CECG00146,16CECG03035, 17CECG03030,and 17CECG02994) c. 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 at al.(5th 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) d. Dairy General Waste Discharge Requirements,Reissued in 2013--Asociacibn de Gente Unida porel Agua et al. v. Central Valley Water Board(3rd Dist.Ct.of App.,Case No.C066410;Sacramento County Sup.Ct.,Case No.34-2008-00003604) e. 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) f. NPDES Permit and Cease and Desist Order Issued to Malaga County Water District in 2014–Malaga County Water District v.State Water Resources Control Board,at al. (5th 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) g. Administrative Civil Liability Order Issued to Malaga County Water District in 2016–Malaga County Water District v. Central Valley Regional Water Quality Board,etaL(Fresno County Sup.Ct.,Case No. 16-CECG-03036) h. Eastern San Joaquin/irrigated Lands Regulatory Program—State Water Board Order No.WQ 2018-0002,modifying Central Valley Regional Water Quality Control Board Waste Discharge Rquirements General Order No. R5-2012-0116(Growers within Eastern San Joaquin River Watershed that are Members of Third-Party Group)[State Water Board File Nos.A-2239(a)-(c)]: (1) Monterey Caastkeeper,et al, v. Central Coast Reg'l Water Quality Control Bd.,et al.,Sacramento Cnty.Sup.Ct.Case No.34-2017- 80002655; (2) Environmental Law Found. v.State Water Res. Control Bd.,et al.,Sacramento Cnty.Sup.Ct.Case No.34-2018-80002851; (3) Pmtectores del Agua Subtern;nea v. State Water Res. Control Bd., et al.,Sacramento Cnty.Sup.Ct.Case No.34-2018-80002852;and (4) Monterey Coastkeeper,et al. v. Central Valley Reg'1 Water Quality Control Bd., et al.,Sacramento Cnty.Sup.Ct.Case No. 34-2018- 80002853. Litigation filed by the Central Valley Water Board against other parties: 1. 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-8-86-0063-EJG) j. Bonzi Landfill--Central Valley Water Board v. Ma-Ru Holding Company et al.(Stanislaus County Sup.Ct.,Case No.643740) k. 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) 1. 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: m. 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) n. Tulare Lake Basin Area Irrigated Lands General Waste Discharge Requirements,Order R5-2013-0120–Petitions filed by Southern San Joaquin Valley Water Quality Coalition et al.,Michael and Yvonne LaSalle,and Asociaci6n de Gente Unida por el Agua(AQUA)et al. (State Water Board File Nos.A-2278(a)through(c)) o. City of Stockton,WDRs Order R5-2014-0070[NPDES No.CA0079138j and Time Schedule Order R5-2014-0071 (State Water Board File No.A-2315) p. 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) q. 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) r. 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) s. 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(a),A-2148(b),and A-2148(c)) t. CMC Land Holdings,LLC,ACL Order R5-2016.0084–Petition filed by CMC Land Holdings,LLC(State Water Board File No.A-2517) u. 13267 Order Directing Participation in the Delta Regional Monitoring Program–Petitions filed by the Cities of Ceres,Patterson,Turlock,Ripon, and Riverbank and by the Counties of Stanislaus and Colusa(State Water Board File Nos.A-2540(a)through(g)) V. Waste Discharge Requirements for Municipal Wastewater Dischargers,Order No.R5-2017-0085–Petition filed by Friends of the North Fork (State Water Board File No.A-2573) w. Original Sixteen to One Mine, Inc.,ACL Order R5-2097-0115–Petition filed by Original Sixteen to One Mine, Inc.(State Water Board File No. A-2586) August 2, 2018 4 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. August 2, 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 notice sl etitionslwater quality or will be provided upon request. August 2, 2018 6 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 ail 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 9/30/2021 Karl E. Longley Fresno 9/30/2021 Robert Schneider Davis 9/30/2018 Denise Kadara Allensworth 9/30/2018 Raji Brar Bakersfield 9/30/2020 Daniel B. Marcum Fall River Mills 9/30/20 1 9 *Public member in accordance with Water Code section 13201(c) Patrick Pulupa, Executive Officer Kiran Lanfranchi-Rizzardi, Administrative Assistant 11/Clerk to the Board Jessica Jahr, Attorney/11 David Lancaster Attorney 1 Bayley Toft-Dupuy-Attomey 1 SACRAMENTO OFFICE FRESNO OFFICE 11020 Sun Center Drive,Suite 200 1685 E Street Rancho Cordova,CA 95670-6114 Fresno,CA 93706 Assistant Executive Officers: Assistant Executive Officer: Bracamonte, Linda Clay Rodgers Altevogt,Andrew Laputz,Adam Supervisors: Hatton,Scott Supervisors: Harvey,Dale Black,Stewart Patteson, Doug Braidman, Brett Busby, Robert Seniors: Chilcott,Jeanne Carlson, Daniel Chow, Bob Cregan,Alan Garver, Kelli Essary,Dale Marshall,Jim Gray,Shelton McConnell, Sue Gross,Warren Newman, Brian Holcomb, Ron Sellards, Kim Mushegan,Alex Pfister, Mike Seniors: Scroggins, Matt Armstrong,Scott Sholes,David Ditto, Robert Walls, Russell Djuth,Gerald Herbst, Charlene REDDING OFFICE Hold, Howard 364 Knollcrest Drive,Suite 205 Holmes,Kari Redding,CA 96002 LaBay,Jennifer Littlejohn,Anne Assistant Executive Officer: McClure, Danny Clint Snyder McCrink, Marie Meeks, Steven Supervisors: Mello,Joe Smith, Bryan Morris, Patrick Wilson,Angela Palmer,Josh Rosenbaum,Steve Seniors: Shelton, Brad Betancourt,Elizabeth Tadlock,Stephanie Burger,Kate Coster, Lynn Low, George Pagan,Jeremy Perea,Griffin August 2, 2018 7