HomeMy WebLinkAboutSRWCB - Third Revised Notice of Adoption Meeting RE Supplemental Environmental Plans Menchaca, Clarissa
From* Bennett, Robin
Sent: Friday, November 17, 2017 8:35 AM
To: Gosselin, Paul
Cc: McCracken, Shari; Menchaca, Clarissa
Subject: date changed FW THIRD REVISED NOTICE OF ADOPTION MEETING - SEPs
Attachments: third revised notice_sep.pdf
SWRCB Adoption meeting regarding Supplemental Environment Plans (SEPs) changed to DECEMBER 5, 2017,
From: lysis@swrcbl8.vwaterboards.ca.gov [mailto:lyris@swrcbl8.waterboards.ca.gov]
Sent:Thursday, November 16, 2017 4:50 PIM
To: Bennett, Robin <RBennett@buttecounty.net>
Subject:THIRD REVISED NOTICE OF ADOPTION MEETING -SEP
This is a message from the State Water Resources Control Board
Attached is a Third Revised Notice of Adoption Meeting on the Proposed Amendment to the Policy on Supplemental
Environmental Projects.
The Adoption Meeting Date has changed to December 5,2017.
.........
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State Water Resources Control Board
I .0 REVISED .— ADOPTION MEETING TE CHANGE
NOTICE OF OPPORTUNITY FOR PUBLIC COMMENT,
BOARD WORKSHOP, PUBLIC HEARING, ,AND ADOPTION MEETING
PROPOSED AMENDMENT TO THE
POLICY ON SUPPLEMENTAL ENVIRONMENTAL PROJECTS (SEPs)
NOTICE IS HEREBY GIVEN that the State Water Resources Control Board (State Water
Board) will accept public comments on the Draft Policy on Supplemental Environmental Projects
(SEP Policy Amendment). Information on the comment period and how to submit written
comments is detailed below under"Submission of Written Comments."
NOTICE IS ADDITIONALLY HEREBY GIVEN that the State Water Board will hold a Board
workshop as detailed below.
Wednesday, August 16, 20117—9:30 a.m.
Joe Serna Jr. CaIEPA Headquarters Building
Coastal Hearing Room
10101 1 Street, Second Floor
Sacramento, CA 95814
The purpose of the Board Workshop is for State Water Board staff to present information and
answer questions on the Draft SEP Policy Amendment and Staff Report. A quorum of the State
Water Board may be present at the workshop, but no State Water Board action will be taken.
NOTICE IS ADDITIONALLY HEREBY GIVEN that the State Water Board will hold a public
hearing to receive oral comments regarding the proposed SEP Policy Amendment. The public
hearing i will be held as detailed below.
Wednesday, September 20),. 20)17— 9:30 a.m.
Joe Serna Jr. CaIEPA Headquarters Building
Coastal Hearing Room
1001 1 Street, Second Floor
Sacramento, CA 95814
The State Water Board will consider adoption of the proposed SEP Policy Amendment at the
Board's -v . b r.-7;- 1-7 NGvern-be-r4al-j-2-M-7 December 5„ 2017 State Water Board
meeting. The location and start time of the Board meeting are provided below:
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Tuesday, 2fNovember--2-4-,-24447 December 5, 2017-9:30 am.
Joe Serna Jr. CaiEPA Headquarters Building
Coastal Hearing Room
1001 1 Street, Second Floor
Sacramento, CA 95814
Additional information on Board meetings, hearings, and workshops is available at:
hftp://www.waterboards,ca.gov/board info/calendar/..
BACKGROUND
The State Water Board and the nine Regional Water Quality Control Boards (Regional Boards,
collectively Water Boards) are governed by a statewide Policy on Supplemental Environmental
Projects (SEP Policy), adopted in 2009. The Water Boards may allow a discharger to satisfy
part of the monetary assessment imposed in, an administrative civil liability (ACL) order arising
out of a settlement by completing or funding one or more eligible SEPs.
Assembly Bill 1071 (AB 1071), passed into law in October 2015 as Public Resources Code
section 71118 (a)(3), defines a SEP as "an environmentally beneficial project that a person
subject to an enforcement action voluntarily agrees to undertake in settlement of the action and
to offset a portion of a civil penalty."
The SEP Policy amendment is needed to fulfill the requirements of AB 1071, now Public
Resources Code section 71118 (b), which requires each board, department, or office (BDO)
within the California Environmental Protection Agency (CalEPA) to establish a policy on SEPs
that benefit disadvantaged communities, and must include, but need not be limited to, all of the
following:
(1) A public process to solicit potential SEPs from disadvantaged communities.
(2) Allowing the amount of a SEP to be up to 50 percent of an administratively imposed civil
liability brought under the jurisdiction of a BDO within CalEPA.
(3) An annual list of SEPs that may be selected to settle a portion of an administratively
imposed civil liability brought under the jurisdiction of a BDO within CalEPA.
(4) A consideration of the relationship between the location of the violation and the location
of the proposed SEP.
The SEP Policy has also been amended to: apply not only to the State Water Board and the
nine Regional Water Boards, but also to enforcement actions prosecuted by the Division of
Drinking Water and its Districts, and the Division, of Water Rights; include human right to water
considerations; align with the State Water Board's April 4, 2017, revision of the Water Quality
Enforcement Policy (Enforcement Policy); and clarify certain principles that are central to the
SEP Policy and improve transparency in Policy implementation based on stakeholder input.
DOCUMENT AVAILABILITY
The Draft SEP Policy Amendment and Staff Report are available on the State Water Board's
SEP webpage: hftps://www.waterboards.ca,,qov/water issues/r)rograms/enforcement/sep.shtml.
Those without internet access may request a paper copy of the Draft SEP Policy Amendment
and Staff Report by calling Jasmine Oaxaca at (916) 322-5327.
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SUBMISSION OF WRITTEN COMMENTS
Interested persons are encouraged to submit their written comments electronically. Comment
letters must be received by 12:00 p.m. (noon) on W-C%dRGEday,
Monday, Septernber 25, 2017.
Send comments by email to commentletters(-a)waterboards.cagov (must be no more than
16 megabytes);, fax to (916) 341-5620; or mail or hand delivery to:
Jeanine Townsend, Clerk to the Board
State Water Resources Control Board
P.C. Box 100, Sacramento, CA 95812-2000 (mail)
11001 1 Street, 24th Floor, Sacramento, CA 95814 (hand delivery)
Please indicate in the subject line: "Comment Letter—SEP Policy Amendment".
Staff may propose changes to the draft Policy amendment following close of the public
comment period and provide a subsequert opportunity to comment on those changes,
Notice of future opportunity to cornment on such proposed changes will be circulated as
described belOW Under "Future Notice."
PROCEDURAL MATTERS FOR THE PUBLIC HEARING
At the Public Hearing, participants will be given an opportunity to present oral comments to the
State Water Board. To ensure a productive and efficient hearing in which all participants Ihave
an opportunity to participate, oral presentations will be time-limited. Participants planningi to use
a Power Point presentation must submit the file electronically, in .ppt format, to the Clerk via
email at commentlefters(o)waterboards.ca.gov, no later than 12:00 p.m. (noon) on Thursday,
September 14, 2017, Please indicate in the subject line "Power Point Presentation —SEP
Policy Amendment."
PROCEDURAL MATTERS FOR THE ADOPTION MEETING
At the adoption meeting, participants will be given an opportunity to summarize their written
comments in oral presentations. Comments at the adoption meeting will be limited to changes
made to the final draft Policy issued to the public as a result of the oral comments received at
the September 20, 2017 public hearing. To ensure a productive and efficient meeting in which
all participants have an opportunity to participate, oral presentations will be time-limited.
Participants planning to use a Power Point presentation must submit the file electronically, in
.ppt format, to the Clerk via email at commentletters(nwaterboards.ca.gov, no later than
12:00 p.m. (noon) on Thursday, November 2, 2017. Please indicate in the subject line "Power
Point Presentation —SEP Policy Amendment."
PARKING AND ACCESSIBILITY
For directions to the Joe Serna, Jr. CalEPA Building and public parking information, please refer
to the map on the State Water Board web site at: hftp://calepa,ca.,qov/headquarters-
sacramento/location/.
The CalEPA Building is accessible to persons with disabilities. Individuals requiring special
accommodations are requested to call (9116) 341-5880 at least five working days prior to the
meeting. Telecommunications device for the deaf(TDD) users may contact the California Relay
Service at: (800) 735-2929 or voice line at (800) 735-2922.
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Video and audio broadcasts of the public workshop, hearing, and adoption meeting will be
available via the Internet and can be accessed at: hftps://video.calepa.ca.gov/.
AIII visitors to the CaIEPA Building are required to sign in and obtain a badge at the Visitor
Services Center located just inside the main entrance (10th Street entrance). Valid picture
identification may be required. Please allow up to 15 minutes for security clearance.
FUTURE NOTICE
The State Water Board workshop, public hearing, and adoption meeting will be at the times and
places noted above. Any change in the date, time, and place of the workshop, public hearing,
or adoption meeting will be noticed on the State Water Board's SEP webpage:
hftps://www.waterboards,ca.gov/water issues/programs/enforcement/sep.shtmi.
Any person desiring to receive future notices cm,,)ncerning the proposed Amendments,
including any changes to the notice of public hearing and consideration of adoption, may
sign up for the Lyris e-mail 11st. To sign up for the Lyris lis,t, access the E-mail List
Subscription form, s,eiect the box for 'Enforcernent' (located within the section aiso
entitled 'Enforcernent"), and provide the required information. The subscription form is
located at,:
http://www.waterboards,ca,gov/resources/email subscriptions/swrcb subscribe.shtmi.
ADDITIONAL INFORMATION
If you have any questions or concerns regarding this notice, please contact:
Jasmine Oaxaca at (916) 322-5327 or JasmineOaxaca@waterboards.ca.go ; or
Matthew Buffleben at (916) 341-5891 or Mafthew.Buffleben(&-waterboards.cagov.
November 14, 2017 4,Wuu �WOAQ�
Date Jea"f e Townsend
Clerk to the Board