STATE WATER RESOURCES CONTROL BOARD
BOARD MEETING MINUTES
May 17, 2001
Note: Copies of the orders, decisions, and resolutions mentioned in these minutes can be obtained from Maureen Marché, State Water Resources Control Board, Post Office Box 100, Sacramento, California, 95812-0100; or call (916) 341-5600.
CALL TO ORDER
The meeting was called to order by Arthur G. Baggett, Jr., Chair, Thursday, May 17, 2001 at 10:00 a.m. in the Coastal Hearing Room, Second Floor, 1001 I Street , Sacramento, California.
BOARD MEMBERS PRESENT
Arthur G. Baggett, Jr., Peter S. Silva and Richard Katz.
BOARD MEMBERS ABSENT
None
STAFF PRESENT
Ed Anton, Thomas Howard, Craig M. Wilson, Maureen Marché, Pamela Barksdale and Dan Frink,
OTHERS PRESENT
Yuri Won, North Coast Regional Water Quality Control Board; Matt Tennis, Santa Ana Watershed Project Authority; Curt Aikens, General Manager, Yuba County Water Agency; Alan Lilly, Yuba County Water Agency; Nancee Murray, California Department of Fish & Game; Roger Guinee and Craig Fleming, U.S. Forestry and Wildlife Service; Ryan Bezerra, Attorney, Browns Valley Irrigation District; Gary Bobker, The Bay Institute; Everett Delano, Attorney, NRDC and Santa Monica Baykeeper; Steve Borroum, California Department of Transportation; Kent Stromsmoe, Bay Area Coalition for Headwaters; Edgar Washburn and Jeff Barrett, Pacific Lumber Company; Mark Rentz, Attorney, California Forestry Association; Doug Eberhardt, US EPA; Seth Farhi; Joyce King and Ken Miller.
Presentation of Customer Service Awards
Presentation of Customer Service Awards were made to Gary Huang and Nushi Safaverdi Williams, Division of Water Rights. The Sustained Superior Accomplishment Award was made to Scott Williams, Division of Water Rights.
PUBLIC FORUM
No one addressed the Board.
MINUTES
The Board unanimously approved the minutes of the January 10 and 11, April 4 and April 26 and May 2, 2001 Board meetings.
UNCONTESTED ITEMS
Items 1 - 23 were unanimously adopted as recommended by staff.
CLEAN WATER PROGRAMS
1. Consideration of Approval of a Proposed Resolution Amending the Underground Storage Tank Cleanup Fund Priority List – Amendment No. 85.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-047
2. Consideration of Ventura County’s Request to Waive the State Water Resources Control Board’s Implementation Policy for the Small Communities Grant (SCG) Program’s First-Come First-Serve Requirements for the El Rio Sewer Collection and Disposal System Project, Project No. SCG-805.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-048
3. Consideration of Approval of a Proposed Resolution Authorizing the Executive Director to Negotiate, Execute and Amend, as Necessary, Agreements With the WaterReuse Foundation or the U.S. Bureau of Reclamation, or Both, Regarding Implementation of a Proposed Joint Water Recycling Research Program.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-049
4. Consideration of Approval of Time Extension for Preliminary Water Recycling Construction Program Loan Commitment for the Santa Margarita Water District Nondomestic Water Program Expansion – Group 1 (Orange County) Project.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-050
5. Consideration of Approval of a Small Communities Grant (SCG) for the Linda County Water District Wastewater Treatment Plant Disinfection and Dechlorination Facilities Project, Project No. SCG-815.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-051
6. Consideration of Approval of a Small Communities Grant (SCG) for the Garberville Sanitary District Sewer System Relocation Project, Project No. SCG-801.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-052
7. Consideration of Approval of a Small Communities Grant (SCG) for the Calaveras County Water District Vallecito Regional Systems Project, Project No. SCG-813.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-053
8. Consideration of Approval of a State Revolving Fund Preliminary Loan Commitment for the McCloud Community Services District Sewer System Rehabilitation/Replacement Project, Project No. C-06-4053-110.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-054
9. Consideration of Approval of a Small Communities Grant (SCG) for the Saticoy Sanitary District’s Sewer Collection and Disposal System Project, Project No. SCG-806.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-055
10. Consideration of Approval of a Small Communities Grant (SCG) for the Markleeville Public Utility District’s Markleeville Creek Bank Stabilization Project, Project No. SCG-810.)
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-056
11. Consideration of Approval of a Small Communities Grant (SCG) for the City of Live Oak’s Collection System and Treatment Plant Improvement Project, Project No. SCG-809.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-057
12. Consideration of the Amended Wastewater Energy Reduction (WER) Program Potential Project Priority List for 2000/2001 (Amended Priority List). (The Board will consider whether to adopt the proposed resolution.)
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-058
REGULATIONS
13. Consideration of a Resolution to Adopt Permanent Regulations Specifying Procedures for Selecting Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, or Construction Project Management Firms. (The Board will consider whether to adopt the proposed regulations.)
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-059
WATER QUALITY
14. Consideration of a Resolution Approving the Costa-Machado Water Act of 2000 (Proposition 13) Project Priority List and Authorizing the Executive Director or Designee to Negotiate, Execute, and Amend Contracts to Implement the Proposition 13 Projects.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-060
15. Consideration of Approval of a Resolution Authorizing the Executive Director or Designee to Negotiate, Execute, and Amend a Contract with Santa Ana Watershed Project Authority (SAWPA) for Funding of the Rubidoux Community Services District Manganese Treatment Plant Expansion Project from the Santa Ana River Watershed Subaccount Established in the Costa-Machado Water Act of 2000.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-061
16. Consideration of Approval of a Resolution Authorizing the Executive Director or Designee to Negotiate, Execute, and Amend a Contract With Santa Ana Watershed Project Authority (SAWPA) for Funding of the Western Municipal Water District Agricultural Water Conveyance Project from the Santa Ana River Watershed Subaccount Established in the Costa-Machado Water Act of 2000.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-062
17. Consideration of a Resolution Authorizing the Executive Director or Designee to Negotiate, Execute, and Amend, if Necessary, Contract(s) to Provide Environmental Consulting and Technical Services Associated with the Process of Establishing Regulations for Onsite Sewage Disposal Systems.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-063
ADMINISTRATION
18. Consideration of a Proposed Resolution Revoking Resolution Nos. 99-102 and 200-012 and Authorizing the Executive Director of Designee to Negotiate, Execute and Amend, as Necessary, a Contract for a Water Supply Feasibility Study at Glennville, Kern County.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-064
19. Consideration of a Resolution Authorizing the Executive Director to Execute and Interagency Agreement with the Regents of the University and Community College System of Nevada to Conduct Water Quality Research and Monitoring to Evaluate the Water Quality Impacts of Polycyclic Aromatic Hydrocarbons in Lake Tahoe and Donner Lake.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-065
20. Consideration of a Resolution Authorizing the Executive Director to Negotiate, Execute and Amend Contracts Supporting Water Quality Research in the Lake Tahoe Basin.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-066
21. Consideration of an Amended Interagency Agreement Between the State Water Resources Control Board and the California Health and Human Services Data Center (HHSDC) for Electronic Data Processing Services to Support the SWRCB Accounting System (CALSTARS) for FY 2000-01.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-067
22. Consideration of an Interagency Agreement Between the State Water Resources Control Board and the California Health and Human Services Data Center (HHSDC) for electronic Data Processing Services to Support the SWRCB Accounting System (CALSTARS) for 2001-02
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-068
23. Consideration of a Resolution Authorizing the Executive Director or Designee to Apply for and Accept a Federal Fiscal Year (FFY) 2000 Clean Water Act Section 104(b)(3) Grant to Support the Sacramento River Toxic Pollutant Control Program and Negotiate, Approve, and/or Amend the Grant and Workplan.
Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-069
CALTRANS STORM WATER MANAGEMENT PLAN
24. Consideration of Approval of the Revised Statewide Storm Water Management Plan for California Department of Transportation (Caltrans) to Comply With Order No. 99-06-DWQ Adopted by the State Water Resources Control Board.
Pamela Barksdale, Division of Water Quality, presented the item recommending approval of the revisions to the Plan.
Mssrs. Delano and Borroum addressed the Board.
The Board directed the following additional revisions be made to the Plan:
“In Section 4.4.2 entitled “Retrofit Opportunities” add the language “and in other instances in which retrofit is recommended by the RWQCB” at the end of the first sentence of this section.
In Appendix B, add the following language as the last paragraph in Section B.2.1
“Caltrans will be in violation of its Permit if it does not submit approvable revisions to the maintenance BMPs. In the event that Caltrans does not submit approvable revisions to the maintenance section of the SWMP, Appendix B, the Guidelines, and any other related document(s) by January 1, 2002, when notified by the Executive Director or no later than March 1, 2002, Caltrans shall immediately implement the maintenance BMPs listed in Appendix B, Section B.2.2 of the SWMP as revised by SWRCB staff in its January 10, 2001
draft, and revise their submittal to be acceptable to the Executive Director within 60 days of notification or no later than May 1, 2002, whichever date is earlier. Once approved, the revised BMPs will be implemented immediately.”
Motion: The Board unanimously adopted the Plan as revised. Resolution 2001-070
WATER RIGHTS
25. Consideration of Proposed Order Regarding Petitions for Reconsideration of State Water Resources Control Board Decision 1644 Relating to the Lower Yuba River.
Dan Frink, Office of Chief Counsel, presented the item, recommending some minor revisions to Decision 1644.
Mssrs. Aikens, Lilly, Fleming, Bezerra, Bobker, and Ms. Murray addressed the Board.
The Board recessed to closed session and then the Chair reconvened the Board meeting.
The Board directed that paragraph 1.b be revised as follows:
“b. For purposes of this order, wet, above normal, below normal, dry and critical water year types in the table above are as defined in the Yuba River Index. (See Appendix 1.) Extreme critical water years are defined as years when the Yuba River Index is predicted to be less than 540 thousand acre-feet. Determinations of water year classifications shall be made each year within 5 days of the release of the February 1, March 1, April 1, and May 1 forecasts of unimpaired flow of the Yuba River at Smartville published in California Department of Water Resources Bulletin 120 and any subsequent forecast published by the Department of Water Resources. The final year type for the preceding water year shall remain in effect until the February 1 forecast for the current year is available. If the water year type classification would change based on information available from any Department of Water Resources forecast, then the flow requirements in effect from the time the forecast is available shall remain in effect until the following forecast becomes available. Any changes in flows due to a change in water year classification shall be made in accordance with the criteria specified in condition 3 on pages 177 and 178 of Decision 1644.”
Motion: The Board unanimously adopted the proposed Order as revised.
Water Rights Order 2001 - 08
PACIFIC LUMBER COMPANY
26. Hearing Regarding the Issuance of an Order Staying the North Coast Regional Water Quality Control Board Order Issued by its Executive Officer on March 28, 2001, Pursuant to Water Code Section 13267 Concerning Pacific Lumber Company.
The Chair called the hearing to order at 11:33 a.m.
Mssrs. Stromsmoe; Washburn, Barrett, Rentz, Eberhardt, Farhi, King, Miller and Ms. Won addressed the Board.
The Chair closed the hearing at 4:08 p.m. The Board met in closed session and the Chair reconvened the Board meeting at 5:05 p.m.
Motion by Board Member Katz: The Board cannot conclude that petitioners have met their burden of establishing that there will be no substantial harm to other interested persons or the public interest if a stay is granted. Additionally, the denial is conditioned on the State Board’s understanding that the Regional Board will not seek imposition of administrative civil liability for violations of monitoring and reporting requirements of Order No. R1-2001-10 if petitioners do not begin to harvest timber or undertake other activities pursuant to THP 520 prior to the SWRCB’s review of the petition on its merits. And in addition, the State Board will undertake an expedited hearing process on the merits that will begin on June 25 at 10:00 a.m. here in Sacramento and a pre-hearing conference on May 30.
The Chairman clarified that parties could participate in the pre-hearing conference by conference call rather than traveling to Sacramento.
Board Member Katz amended his motion to include direction to the staff to prepare an order based on the motion and to mail it to the Interested Parties.
The Board unanimously adopted the motion. Water Quality Order 2001 - 09
BOARD MEMBER REPORTS
No reports were made.
ADJOURNMENT
The Chairman adjourned the meeting at 5:08 p.m.