STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING MINUTES

JULY 19, 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, July 19, 2001, at 1:00 p.m., in the Coastal Hearing Room, 1001 I Street, Sacramento, California.

BOARD MEMBERS PRESENT

Arthur G. Baggett, Jr., Peter S. Silva and Richard Katz.

BOARD MEMBERS ABSENT

None

STAFF PRESENT

Celeste Cantú, Craig M. Wilson, Maureen Marché, Betsy Jennings and Larry Nash.

OTHERS PRESENT

Paul Helliker, California Department of Pesticide Regulations; David Bollard, Association of California Water Agencies; Chris Kapheim, Alta Irrigation District; Janet Goldsmith, Placer County Water Agency; Anjanette Martin, Northern California Water Association; George H. Soares, Water Quality Group; Maricus Meier; George Gough, Monsanto; Steve Forsbers, California Plant Health Association; Don McPeck, County of Orange; Douglas Ball, California Lake Management Society; Mario Santoyo, Friant Water Users Authority; Steve Mulligan, Mosquito & Vector Control Association; Karl Malamud, Contra Costa Mosquito & Vector Control District; Clay A. Jackson, Napa County Mosquito & Abatement, District; Bob Collins, City of San Diego; Jonathan Kaplan, San Francisco Baykeeper; Bill Jennings, Deltakeeper; Adrianna Quintero, NRDC; Pete Price, California Leaque of Conservation Voters; John Hewitt; Mark Quisenberry, Sutter County Agriculture Commissioner; Jeff Schalff; Richard Shanahan, Mosuito & Vector Control Association; Nicole Tutt, Various Water Districts; Ken Cartwright, Lakeside Water District; Rick Fox, City of San Diego Water Department; Maile Field, Lake County Department of Agriculture; Nino Mascolo, Southern California Edison County; Michael Sexton, Minasian Law Firm; Patrick Akers, California Department of Food & Agriculture; Walt Trevethan, South Sutter Water District and Dennis Bray, Kings County and California Agriculture Commissions.

PRESENTATION OF AWARD

Presentation of Superior Service Award was made to Al Liverett, Division of Administrative Services.

PUBLIC FORUM

No one addressed the Board.

MINUTES

The Board unanimously approved the minutes of the June 21, 2001 Board Meeting.

UNCONTESTED ITEMS

Items 1 - 10 were unanimously adopted as recommended by staff.

CLEAN WATER PROGRAMS

1. Consideration of A Request from the San Diego Regional Water Quality Control Board for Funding From the State Water Pollution Cleanup and Abatement Account for a Study to Determine the Presence and Source(s) of Pathogenic Viruses and Bacteria in the Recreational Waters of Mission Bay and Associated Threat to Human Health in the Amount of $975,300.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 082

2. Consideration of Approval of a Water Recycling Facilities Planning Grant for the City of Oxnard, Groundwater Recovery Enhancement and Treatment Program.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 083

3. Consideration of Approval of a Water Recycling Facilities Planning Grant for the Central Contra Costa Sanitary District, Industrial Recycled Water Demonstration Project.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 084

4. Consideration of a Resolution Adopting the Emergency, Abandoned, Recalcitrant (EAR) Account Annual Site List and Authorizing the Executive Director or Designee to Execute Contracts.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 085

5. Consideration of a Request From the Lahontan Regional Water Quality Control Board for Funding From the State Water Pollution Cleanup and Abatement Account for Continued Geotechnical Investigation at Leviathan Mine for Slope Stabilization of the Delta Slope in the Amount of $101,250.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 086

6. Consideration of Approval of a State Revolving Fund Loan for Laguna County Sanitation District; Total Dissolved Solids Reduction and Water Recycling Plant Improvements Project; SRF Loan No. C-06-4173-110.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001- 087

7. Consideration of Approval of a Proposed Resolution Amending the Underground Storage Tank Cleanup Fund Priority List – Amendment No. 87.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 088

WATER QUALITY

8. Consideration of Approval of a Resolution Authorizing the Executive Director or Designee to Amend Contract Number00-146-250-0 with Lake Elsinore and SanJacinto Watersheds Authority for a Public Relations Program.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 089

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9. Consideration of a Resolution Authorizing the Executive Director or Designee to Negotiate, Execute, and Amend a State Revolving Fund Loan Contract With the Nature Conservancy for $5.3Million for the Cuyamaca Watershed Protection Project (Loan No. C-06-6081-110).

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001 - 090

10. Consideration of Proposed Statewide General National Pollutant Discharge Elimination System (NPDES) Permit for Discharges from Utility Vaults and Underground Structures to Surface Waters (General Permit).

Motion: The Board unanimously adopted the proposed order. Water Quality Order 2001 - 11

WATER QUALITY PETITION

11. In the Matter of the Petition of the City of Turlock for Review of Waste Discharge Requirements Order No. 5-01-122 and Cease and Desist Order No. 5-01-123, Issued by the California Regional Water Quality Control Board, Central Valley Region. SWRCB/OCC File A-1382.

This item was removed from consideration.

WATER QUALITY

12. Hearing on a Draft Statewide General National Pollutant Discharge Elimination System (NPDES) Permit for Discharges of Aquatic Pesticides to Surface Waters of the United States (General Permit).

The Chairman recessed the Board Meeting and called the hearing to order at 1:16 p.m.

Larry Nash, Division of Water Quality, made the staff presentation and noted a July 19 revised draft permit in response to written comments.

Paul Helliker, David Bollard; Chris Kapheim, Janet Goldsmith, Anjanette Martin, George H. Soares, Maricus Meier, George Gough, Steve Forsbers, Don McPeck, Douglas Ball, Mario Santoyo, Steve Mulligan, Karl Malamud, Clay A. Jackson, Bob Collins, Jonathan Kaplan, Bill Jennings, Adrianna Quintero, Pete Price, John Hewitt, Mark Quisenberry, Jeff Schalff, Richard Shanahan, Nicole Tutt, Ken Cartwright, Rick Fox, Maile Field, Nino Mascolo, Michael Sexton, Patrick Akers, Walt Trevethan and Dennis Bray addressed the Board.

The Chairman closed the hearing at 3:45 p.m. and the Board recessed to closed session to deliberate on a decision to be reached in the matter of the General Permit.

At 5:11 p.m. the Chairman reconvened the Board Meeting.

On behalf of the Board, the Chairman directed the staff to begin work immediately on a specific fee schedule related to this permit. The Chairman also noted that the monitoring issue was being revised and staff would be summarizing the changes and that the Board is clearly committed to a regional monitoring approach, to identifying funding and will work with Department of Pesticide Regulation and USEPA. He also directed staff to report back to the Board at the September 5, 2001 workshop to identify funding sources and to work with the established work group regarding regional monitoring around the State.

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Betsy Jennings, Office of Chief Counsel, summarized the revisions to the July 19 revised draft permit.

Editorial changes to the fact sheet, findings and the permit consistent with the following:

Definition of waste will no longer include “dead plants”

Change the fee language so that fees will be $400 a year

Delete some of the details of Finding 20 regarding the State Implementation Plan, including the reference to qualified biologists

Deleting references to steering committees since regional monitoring will be done outside of the permit process

Monitoring program that now lists the 12 elements will be revised:

Introductory language will make it clear that exceptions will be available from monitoring for Mosquito Abatement Districts, and there will be 6 mandatory monitoring requirements, except for the mosquito abatement districts. The 6 requirements are:

1.  characterization of projects

2.  visual assessment

3.  water quality analyses for active ingredients and the consideration of other parameters

4.  quality assurance program

5.  a requirement to evaluate alternatives

6.  and requirements to evaluate effectiveness of representative best management practices

Motion: The Board unanimously adopted the revised July 19 draft permit with the revisions outlined by Ms. Jennings. Water Quality Order No. 2001 - 12 - DWQ

The Board announced the adopted permit will be available and on the Board’s website in about 10 days.

BOARD MEMBER REPORTS

No reports were given.

EXECUTIVE DIRECTOR'S REPORT

The Executive Director submitted a written report summarizing current significant issues.

ADJOURNMENT

The Chairman adjourned the meeting at 5:20 p.m.

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