State of California

California Regional Water Quality Control Board

Colorado River Basin Region

MINUTES OF BOARD MEETING

February 11, 2004

City Council Chambers

City of La Quinta

78-495 Calle Tampico

La Quinta, CA 92253

The California Regional Water Quality Control Board, Colorado River Basin Region, was called to order by Chair Gary Johnson at 10:00 a.m. on February 11, 2004, in the City Council Chambers, City of La Quinta, California.

1.  Board Member Roll Call

Present: John Benson, Gary Johnson, F. Thomas Kieley, Leon Lesicka, Gregory Pettis

Absent: None

2. Staff Present

Adnan Al-Sarabi, Jose Angel, Jeff Allred, Sheila Ault, John Carmona, Liann Chavez, Jose Cortez, Rosalyn Fleming, Abdi Haile, Kristie Garcia, Chris Igbindedion, Theresa Illare, Kirk Larkin, Michele Ochs, Wendy Ortiz, Jon Rokke, Robert Perdue, Maribel Rodriguez, Charles Springer, Joan Stormo, Hilda Vasquez, Doug Vu and Doug Wylie

3.  Others Present

Steve Anderson, BBK
Marie Bayer, Private Citizen
Steve Bayer, Private Citizen
Steve Bigley, Coachella Valley Water District
Janet Coke, LA Sanitation
Janet Fahey, Coachella Valley Water District
Catherine George, State Water Resources Control Board – OCC
Stephanie Gustave, Court Reporter
Jeff Johnson, Riverside County Environmental Health
Joe Johnson, Coachella Valley Water District
Lavelle Lesicka, Private Citizen
Bradley Milliken, Private Citizen
Rosalind Milliken, Private Citizen
Samuel A. Milliken, Private Citizen
Ben Olson, Olson Engineering
Dan Parks, Coachella Valley Water District
Tom Weitz, Western Mesquite Mines

4. Minutes

Meeting of November 5, 2003

MOTION: Mr. Lesicka moved, Mr. Kieley seconded, and motion carried unanimously that the Minutes be approved as submitted.

5. Public Forum

Tom Weitz, General Manager, Western Mesquite Mine, introduced himself and co-workers to the Board and stated that Mesquite Mine will continue to comply with its WDRs.

6. Resolution No. R7-2004-0010, Expressing Appreciation to Nancy S. Wright

MOTION: Mr. Kieley moved, Mr. Lesicka seconded, and motion carried unanimously that Resolution No. R7-2004-0010 be adopted.

7. Resolution No. R7-2004-0011, Expressing Appreciation to Brenda S. Soulliere

MOTION: Mr. Kieley moved, Mr. Lesicka seconded, and motion carried unanimously that Resolution No. R7-2004-0011 be adopted.

8. Uncontested Waste Discharge Requirements

NPDES Permits

KL R7-2004-0009 City of Calexico, Owner/Operator, Municipal Wastewater Treatment Plant, Wastewater Collection and Disposal Systems – Calexico, Imperial County (Updated Order)

Waste Discharge Requirement

KL R7-2004-0003 Toscana Land, LLC, Owner/Operator, Toscana Country Club for Irrigation With Recycled Water for Dust Control and Compaction During Construction – Indian Wells, Riverside County (New Order)

CS R7-2004-0005 Peter Rabbit Farms, Owner/Operator, Vegetable Packing Plant Wastewater Disposal Facilities – Coachella, Riverside County (Updated Order)

R7-2004-0008 Rescission/Termination of Waste Discharge Requirements

MO 98-095 American Girl Mine

R7-2004-0012 Change of Name and/or Ownership

JR 00-002 City of Calipatria WWTP

MOTION: Mr. Pettis moved, Mr. Benson seconded, and motion carried unanimously that Board Orders No. R7-2004-0003, R7-2004-0005, R7-2004-0008, R7-2004-0009, and R7-2004-0012 be adopted.

9. Contested Waste Discharge Requirements

KL R7-2004-0002 Coachella Valley Water District (CVWD), Owner/Operator, Improvement District No. 58 Water Reclamation Plant, and Wastewater Collection and Disposal Systems – Indio, Riverside County (Updated Order)

Adnan Al-Sarabi, Regional Board staff, provided a brief overview of proposed Board Order No. R7-2004-0002.

Kirk Larkin, Regional Board staff, gave an overview of the permitting process and a detailed description of the proposed order. He stated Regional Board staff recommended adoption of the proposed order, including errata sheets.

Dan Parks, Assistant General Manager, CVWD, gave an overview of the Environmental Impact Report for the project. He stated that CVWD staff was present to answer questions raised by the opposition.

Steve Anderson, Special Legal Counsel, CVWD, gave a brief history of the project. He stated that the Environmental Review has been upheld by the court of appeal.

Samuel Milliken, private citizen, stated the project causes significant environmental degradation to his property, including foul odors. He added there are numerous errors in the proposed draft permit and suggested there be a continuance until a third party reviewed the matter.

Marie Bayer, private citizen, stated she owns property affected by this project. She explained that she plans to develop this property and it is the Regional Board’s responsibility to protect her water.

Steve Bayer, private citizen, expressed his concerns with the adoption of the proposed draft permit.

Bradley, Milliken, private citizen, stated he strenuously objects to the designation of his well as limited use and requested the legal definition of a limited use well. He stated the permit was clearly not ready for consideration. He added that the errata sheets contain numerous changes, which create confusion, inaccuracy and redundancy. Mr. Milliken requested the matter be continued in order to allow adequate time to draft a comprehensible document.

Mr. Parks stated that CVWD fully intends to comply with the proposed WDRs.

MOTION: Mr. Benson moved, Mr. Lesicka seconded, and motion carried unanimously that Board Order No. R7-2004-0002, including erratas, be adopted.

10.  Election of Chair for Calendar Year 2004

MOTION: Mr. Benson nominated Gary Johnson to serve as Chair, Mr. Kieley seconded, and motion carried unanimously.

11.  Election of Vice-Chair for Calendar Year 2004

MOTION: Mr. Lesicka nominated F. Thomas Kieley to serve as Vice-Chair, Mr. Pettis seconded, and motion carried unanimously.

12.  Presentation by LA Sanitation Concerning the Mesquite Regional Landfill Project

Janet Coke, Manager, LA Sanitation, gave a background on facilities owned and operated by LA Sanitation. She also explained the District’s waste by rail system.

13.  Regional Board Executive Officer’s Report

Robert Perdue, Regional Board Executive Officer, stated a written report would be distributed.

14. Regional Board Staff Reports

Sheila Ault, Regional Board staff, gave an update on public outreach. She also gave a status update on TMDLs currently being prepared by Regional Board staff.

15. Regional Board Member Comments

Mr. Pettis requested future Board Meetings not be scheduled on the second Wednesdays of the month.

16. Regional Board Chair’s Report

Mr. Johnson reported his attendance at the Salton Sea Advisory Committee Meeting and Salton Sea Symposium. He reported a Regional Chair’s Meeting was scheduled for February 25, 2004.

17. Osabuogbe C. Igbinedion et al. v. California Regional Water Quality Control Board, Riverside County Case No. INC 037727

The Board adjourned to Executive Session, then reconvened in open session.

18. Meeting Adjournment

The meeting adjourned at 1:00 p.m.

1 Adopted on March 30, 2004