STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING MINUTES

July 18, 2002

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 18, 2002, at 9:04 a.m., in the Coastal Hearing Room, 1001 I Street, Sacramento, California.

BOARD MEMBERS PRESENT

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

BOARD MEMBERS ABSENT

None

STAFF PRESENT

Celeste Cantú, Harry Schueller, Thomas Howard, Craig M. Wilson, Maureen Marché, Marleigh Wood, Tim Regan and Kathryn Mwroka.

OTHERS PRESENT

Dean R. Isaacson, Trancas; Loretta Barsamian and Lawrence Kolb, San Francisco Regional Water Quality Control Board; Michael Lauffer, John Bishop and Renee DeShazo, Los Angeles Regional Water Quality Control Board; Dave Montagne, County Sanitation Districts of Los Angeles County; Adam Ariki, Dr. T. J. Kim and David Bruhenn, Los Angeles County, Department of Public Works; Gerry Greene, Los Angeles County, MS4 Permit Executive Advisory Committee; Bill Busath, California Stormwater Task Force; C. Edward Dilkes, City of Bradbury; Leslie Mintz and Mitzy Taggart, Heal the Bay; Steve Fleischli, Santa Monica BayKeeper and NRDC; Wayne Whitlock and Norman F. Carlin, Pillsbury, Winthrop for Chevron; Grag Karras, Communities for a Better Environment; Ben Horenstan, East Bay MUD; Melissa Thorme, Downey, Brand, Seymour for BAWCA; Jeffrey Meith, Oroville-Wyandotte Irrigation District; Alan Lilly, Shirley Crompton, Loren Nelson, Richard Dahms, Dale Storey and Tib Belza, Yuba County Water District; Dan Gallery and William Lewis, Yuba City; Hal Stocker, Yuba County; Pete Hammontre, Dobbins/Oregon House Fire Protection District; and Jeannette L. Brown, Yuba City Water District.

PUBLIC FORUM

No one addressed the Board.

MINUTES

The Board unanimously approved the minutes of the June 20, 2002 meeting.

UNCONTESTED ITEMS

Items 1 – 13 were unanimously adopted as recommended by staff.

CLEAN WATER PROGRAMS

1. Consideration of a Resolution Approving a Clean Beaches Initiative Grant for the City of Avalon for Funding of the Avalon Beaches – Sewer Collection System SlipLining Project From the Coastal Nonpoint Source Control Subaccount Established in the Costa-Machado Water Act of 2000.

Motion: The Board unanimously adopted the proposed resolution approving the grant.

Resolution 2002 -0130

2. Consideration of a Resolution Approving a Clean Beaches Initiative Grant for the City of Long Beach for Implementation of the Los Angeles River Project From the Coastal Nonpoint Source Control Subaccount Established in the Costa-Machado Water Act of 2000.

Motion: The Board unanimously adopted the proposed resolution approving the grant.

Resolution 2002--0131

3. Consideration of a Resolution Approving a Clean Beaches Initiative Grant for the City of Los Angeles for Funding of the Port of Los Angeles Cabrillo Beach Project From the Coastal Nonpoint Source Control Subaccount Established in the Costa-Machado Water Act of 2000.

Motion: The Board unanimously adopted the proposed resolution approving the grant.

Resolution 2002-0132

4. Consideration of a Resolution Approving a Clean Beaches Initiative Grant for the City of Malibu for Funding of the Malibu Septic System Management Plan From the Coastal Nonpoint Source Control Subaccount Established in the Costa-Machado Water Act of 2000.

Motion: The Board unanimously adopted the proposed resolution approving the grant.

Resolution 2002-0133

5. Consideration of a Resolution Approving a Clean Beaches Initiative Grant for the City of Newport Beach for Funding the Newport Beach Urban Runoff Diversion and Circulation Improvement System From the Coastal Nonpoint Source Control Subaccount Established in the Costa-Machado Water Act of 2000.

Motion: The Board unanimously adopted the proposed resolution approving the grant.

Resolution 2002-0134

6. Consideration of a Resolution Approving a Clean Beaches Initiative Grant for the County of Santa Barbara for the Urban Runoff Mitigation Project at Arroyo Burro Beach From the Coastal Nonpoint Source Control Subaccount Established in the Costa-Machado Water Act of 2000

Motion: The Board unanimously adopted the proposed resolution approving the grant.

Resolution 2002-0135

7. Consideration of a Resolution Approving a Clean Beaches Initiative Grant for the County of Orange for Funding the Dana Point Harbor Baby Beach Ocean Institute Best Management Practice’s Implementation From the Coastal Nonpoint Source Control Subaccount Established in the Costa-Machado Water Act of 2000.

Motion: The Board unanimously adopted the proposed resolution approving the grant.

Resolution 2002-0136

8. Consideration of a Proposed Resolution Approving Adoption of the Petroleum Underground Storage Tank Emergency, Abandoned, Recalcitrant Account Fiscal Year 2002-2003 Annual Site List; and, Authorizing the Executive Director, or Designee, to Execute Contracts and Amendments With Designated Regional Water Quality Control Boards, Local UST Implementing Agencies, Or Local Oversight Program Agencies.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2002-0137

9. Consideration of a Proposed Resolution Delegating Authority to Approve Routine Waivers of the Water Recycling Funding Guidelines to the Executive Director, the Chief Deputy Director, or the Chief of the Division of Clean Water Programs of the State Water Resources Control Board.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2002-0138

WATER QUALITY PETITION

10. In the Matter of the Petition of Trancas Property Owners Association for Review of Waste Discharge Requirements Order No.00-135, Issued by the California Regional Water Quality Control Board, Los Angeles Region. SWRCB/OCC File A-1420.

Motion: The Board unanimously adopted the proposed order remanding the issue to the Regional Board. WQ Order 2002-0010

WATER QUALITY

11. Consideration of a Resolution Authorizing Funding of $600,000 From the State Water Pollution Cleanup and Abatement Account to Develop and Implement an Abatement Strategy for Sediment Sources That are Impairing Freshwater Creek, Jordan Creek, Stitz Creek, Bear Creek and Elk River in Northern Humboldt County.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2002-0139

12. Consideration of a Resolution Authorizing Issuance of a Contract With the Lake Elsinore and San Jacinto Watershed Authority to Provide Funding for the Island Well Improvements and Monitoring Program From the Lake Elsinore and San Jacinto Watershed Program Established in the Costa-Machado Water Act of 2000.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2002-0140

13. Consideration of a Resolution Authorizing Issuance of Contracts Funded by $1,950,000 From the State Water Pollution Cleanup and Abatement Account for Monitoring to Assess Effects on Human Health and the Aquatic Environment From Discharge of Aquatic Pesticides.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2002-0141

14. Consideration of a Resolution Approving an Amendment to the Water Quality Control Plan for the Los Angeles Region to Revise Bacteria Objectives for Waters Designated for Water Contact Recreation.

Michael Lauffer, representing the Los Angeles Regional Board, presented the item.

D. Montagne, A. Ariki, B. Busath, C. E. Dilkes, L. Mintz, M. McTaggart, S. Fleischli,

J. Bishop, R. DeShazo and D. Berhenn addressed the Board.

The Board considered the suggested language submitted by Mr. Fleischli to replace the Whereas No. 2 clause in the draft resolution. The Board further revised the language and directed Whereas No. 2 to read:

“Directs the Regional Board to review its REC-1 beneficial use designations, focusing on swimming during wet weather in fresh waters, specifically those to which public entry is prohibited for health and safety reasons through no trespassing postings and fencing. In this connection, the Regional Board should, upon consultation with appropriate state, regional, and local flood control and resource agencies, assess how enhancement or restoration of watercourses that have been the subject of previous alteration for flood control purposes can be accomplished to alleviate these restrictions and beneficially affect other uses of these waters. If enhancement and restoration is not possible, the Regional Board should consider variability in likelihood or frequency of recreational use with seasonality and flow.”

Motion: The Board unanimously adopted the proposed resolution as revised.

Resolution 2002-0142

WATER QUALITY PETITIONS

15. In the Matter of the Petitions of Chevron U.S.A., Inc., Western States Petroleum Association, Communities for a Better Environment, and Bay Area Clean Water Agencies for Review of Waste Discharge Requirements Order No. 01-067 [NPDES No. CA0005134] for Chevron Richmond Refinery, Richmond Plant, and Richmond Works, issued by the California Regional Water Quality Control Board, San Francisco Bay Region. SWRCB/OCC Files A-1395, A-1395(a), A-1395(b), and A-1395(c).

Marleigh Wood, Office of Chief Counsel, presented the item, noting an errata sheet containing revisions to pages 2, 11 and 18 and recommending adoption of the order remanding order

No. 07–067 to the Regional Board.

Larry Kolb, Wayne Whitlock, and Greg Karras addressed the Board.

Motion: The Board unanimously adopted the proposed order with the revisions contained in the errata sheet. WQ Order 2002-0011

16. In the Matter of the Petitions of East Bay Municipal Utility District (the District) and Bay Area Clean Water Agencies for Review of Waste Discharge Requirements Order No.01-072 [NPDES No. CA0037702] for the District’s Special District No. 1 Water Pollution Control Plant Issued by the California Regional Water Quality Control Board, San Francisco Bay Region. SWRCB/OCC Files A-1396 and A-1396(a).

Tim Regan, Office of Chief Counsel, presented the item, noting an errata sheet containing revisions to pages 10, 11, 18, 19, 27, 31 and 33 and recommending adoption of the order remanding order No. 01–072 to the Regional Board.

Loretta Barsamian, Ben Horenstan and Melissa Thorme addressed the Board.

Following the discussion, the Board directed three additional changes:

Page 11: next to last line, change “to” to “do”

Page 18: first full paragraph, 8th line, remove the word “far”.

Page 18, first full paragraph, 9th line, remove the word “conservative”

Motion: The Board unanimously adopted the proposed order as revised. WQ Order 2002-0012

ADJOURNMENT

The Chairman adjourned the meeting at 11:28 a.m.