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STATE WATER RESOURCES CONTROL BOARD |
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ITEM 7 |
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SUBJECT PETITIONS OF COMMUNITIES FOR A BETTER ENVIRONMENT AND SAN FRANCISCO BAYKEEPER, ET AL. (SOUTH BAY WDR NOS. 98-052, 98-053, 98-054; NPDES CA0037842, CA0037621, AND CA0037834), SAN FRANCISCO BAY REGION. SWRCB/OCC Files A-1167 & A-1167(a). |
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LOCATION San Francisco and Santa Clara Counties. |
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DISCUSSION The San Francisco Bay Regional Water Quality Control Board (Regional Water Board) reissued National Pollutant Discharge Elimination System (NPDES) permits to the cities of Palo Alto, Sunnyvale and, collectively, San Jose and Santa Clara in June 1998. The cities discharge tertiary-treated effluent to shallow waters tributary to South San Francisco Bay. Communities for a Better Environment, San Francisco BayKeeper, and others then filed petitions with the State Water Resources Control Board (State Water Board or Board) for review of the three permits. The State Water Board’s petition regulations require final action on a petition within 270 days or the petition is deemed denied. This time limit can be extended for up to 60 days by written agreement between the Board and the petitioner. Petitioners have granted the State Water Board a 60-day extension. With the extension, the time for final resolution of the petitions is approximately September 1. The State Water Board anticipates considering a draft order on the petitions no later than the Board’s September 16 board meeting. Because this date is beyond the regulatory deadline for final action, the draft order currently before the Board provides that the Board will take review of the permits up on its own motion. |
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POLICY ISSUE Should the State Water Board take review of the South San Francisco Bay permits up on its own motion? |
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FISCAL IMPACT This activity is budgeted within existing resources and no additional fiscal demands will occur as a result of approving this item. |
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RWQCB IMPACT No. |
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STAFF RECOMMENDATION Adopt the proposed order. |
DRAFT 8/10/99
STATE OF CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD
ORDER: WQ 99-__
In the Matter of the Petitions of
COMMUNITIES FOR A BETTER ENVIRONMENT and
SAN FRANCISCO BAYKEEPER, et al.,
For Review of Waste Discharge Requirements Orders 98-052, 98-053, 98-054,
NPDES Nos. CA0037842, CA0037621, and CA0037834,
Issued by the
California Regional Water Quality Control Board,
San Francisco Bay Region
SWRCB/OCC FILES A-1167 AND A-1167(a)
BY THE BOARD:
In June 1998, the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) reissued National Pollutant Discharge Elimination System (NPDES) permits to the cities of Palo Alto, Sunnyvale and, collectively, San Jose and Santa Clara. The cities (referred to as the South Bay dischargers) operate wastewater treatment plants that discharge tertiary-treated effluent to shallow waters tributary to South San Francisco Bay.
The following month, Communities for a Better Environment, San Francisco BayKeeper and CLEAN South Bay filed petitions for State Water Resources Control Board (State Water Board or Board) review of the three permits. On October 5, 1998, the petitioners were notified that their petitions were complete. The Board’s petition regulations require final action on a petition within 270 days or the petition is deemed denied. This time period can be extended up to 60 days by written agreement between the Board and the petitioner. Petitioners in this case granted the Board an extension. As extended, the time for final resolution of the petitions is approximately September 1.
The Board anticipates considering a draft order on the petitions at the Board’s September 16 board meeting. This date falls beyond September l, the deadline for final resolution of the petitions. Therefore, the Board has decided to review the three South Bay permits on its own motion.
ORDER
IT IS HEREBY ORDERED that the State Water Board will review the South Bay permits on its own motion.
CERTIFICATION
The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of an order duly and regularly adopted at a meeting of the State Water Resources Control Board held on August 19, 1999.
AYE:
NO:
ABSENT:
ABSTAIN:
Maureen Marché
Administrative Assistant to the Board