STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING MINUTES

November 18, 1999

 

 

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) 657-0990.

 

CALL TO ORDER

The meeting was called to order by James M. Stubchaer, Chairman, Thursday, November, 1999, at 9:00 a.m., in the First-Floor Hearing Room, 901 "P" Street, Sacramento, California

 

BOARD MEMBERS PRESENT

James M. Stubchaer, John Brown and Arthur G. Baggett, Jr.

 

BOARD MEMBERS ABSENT

Mary Jane Forster

 

STAFF PRESENT

Walt Pettit, Dale Claypoole, William Attwater, Maureen Marché, James Giannopoulos, Dave Beringer, Barbara Katz, Dan Frink and Pat Lam.

 

OTHERS PRESENT

Peter Nemic, Unocal; David Irey, San Joaquin County District Attorney's Office; Dr. Stephen Cullen, Unocal; Laurie Cotulla, San Joaquin County Environmental Health; Tom Aiken, Bureau of Reclamation; Robert Helwick, EBMUD; Jon Rubin, Westlands WD; Jim Sequeira, City of Sacramento; Jonas Minton, Water Forum; Ronald Stork, Friends of the River; Robert Donlan, Ellison & Schneider; Harrison Phipps, Groundwater Resources Association of California; Jennifer Galehouse, ACWA; Alan Lilly, YMWD and North Guala Water Company; Joseph Scalmanini, Luhdorff & Scalmanini; Don Layne, Garrapata WD; Jerry Lucey, Citizen; Mr. & Mrs. Robert Couch, Jr., Landowners, John Williams, Plumbers and Engineers Unions'; Dr. Currey, Citizen; Bud Cain, Tribotech; Louis Cathemer, Hydroscience Engineers and

Frank Piersall, San Diego Regional Water Quality Control Board Member.

 

PUBLIC FORUM

No one addressed the Board.

 

CLEAN WATER PROGRAMS

1. Consideration of Proposed Resolution Amending the Underground Storage Tank (UST) Cleanup Fund Priority List Amendment No. 69

 

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 99 – 106

 

2. Consideration of the County of San Diego's Request for $500,000 from the State Water Pollution Cleanup and Abatement Account for Cleanup at the Tijuana River Valley Regional Park.

 

Motion: The Board unanimously adopted the proposed resolution denying the request. Resolution No. 99 - 107

 

3. Consideration of Approval of a State Revolving Fund (SRF) Loan for the City of American Canyon for the Construction of a New Wastewater Treatment Plant SRF No. C-06-4666-110.

 

There was no staff presentation.

 

Dr. Currey; John Williams; Robert Couch, Jr.; Bud Cane, Louis Cathameir, and Patricia Couch addressed the Board.

 

Following discussion by the Board, the Board directed this issue be continued until after the San Francisco Regional Board has taken action on the NPDES permit.

 

4. Consideration of Approval of a State Revolving Fund (SRF) Loan to the Town of Windsor for the Wastewater Treatment Plant Expansion, SRF No. C-06-4704-110.

 

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 99 - 108

 

5. Consideration of Approval of a State Revolving Fund (SRF) Loan for the County of Los Angeles Department of Public Works for the Malibu Water Pollution Control Plant Rehabilitation Project; SRF Loan Project No. C-06-4498-110.

 

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 99 - 109

 

6. Consideration of the San Francisco Bay Regional Water Quality Control Board Request for Funding to Continue Site Monitoring and Revegetation Activities at the Gambonini Mercury Mine in Marin County in the Amount of $402,300 from the State Water Pollution Cleanup and Abatement Account.

 

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 99 - 110

 

WATER QUALITY

7. Consideration of a Proposed Resolution Authorizing the Executive Director to Enter Into an Interagency Agreement with the U.S. Geological Survey for Ambient Groundwater Monitoring.

 

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 99 - 111

 

CLEAN WATER PROGRAMS

8.   Consideration of a Petition of Unocal Corporation for Review of Denial of Petroleum

Underground Storage Tank Site Closure at 1665 Pacific Avenue, Stockton, California.

 

James Giannopoulos, Division of Clean Water Programs, presented the item noting revisions to pages 4, 11 and 14 of the proposed order as shown in the errata sheet.

 

David Irey, Peter Nemick, Dr. Stephen Cullen and Laurie Cootulla addressed the Board.

 

Motion: The Board unanimously adopted the proposed order, with the revisions, which provides that at the end of the one-year monitoring period, the State Water Resources Control Board may reconsider closure of the case. Water Quality Order 99 - 10 - UST

WATER RIGHTS

9. Consideration of Adoption of a Resolution Directing Expedited Processing of a Request to Change Flow Standards on the Lower American River.

 

Dave Beringer, Division of Water Rights, presented the item, noting that as directed as the workshop two versions of a resolution have been prepared. Version #1 would deny the request and Version #2 would accept the request.

 

Tom Akin, Robert Helwick, John Reuben, Jonas Minton and Ronald Stork addressed the Board.

 

Motion: The Board unanimously adopted the Version #2 proposed resolution.

Resolution No. 99 - 112

 

10. Consideration of a Proposed Decision Determining the Legal Classification of Groundwater in the Pauma and Pala Basins of the San Luis Rey River in San Diego County.

Barbara Katz, Office of Chief Counsel, presented the item, suggesting three revisions to the draft order: the addition of a footnote on page 20, and the addition of the phrase “and the Pala Basin” on pages 2 and 34.

 

Alan Lilly, Harrison Phipps and Robert Donavan addressed the Board.

 

The Board discussed the request of the Association of California Water Agencies to delay consideration of this issue. The Board agreed and extended the written comment period to December 31, 1999, and further directed this issue be rescheduled for the February 2000 workshop and Board meeting.

 

11. Consideration of a Proposed Order Denying the Petition for Reconsideration of Division Decision 99-01 Which Approved Application 29664 of the Garrapata Water Company Subject to Specified Conditions, Monterey County.

 

Barbara Katz, Office of Chief Counsel, presented the item recommending approval of the proposed order

denying the request.

 

Motion: The Board unanimously adopted the proposed order as recommended. Water Rights Order 99 - 010

 

12. Consideration of a Proposed Water Right Order Regarding Petitions For Reconsideration of Order WR-99-09-DWR Which Approved Changes in Points of Diversion and Place of Use of Water Diverted by North Gualala Water Company in Mendocino County (Applications 9372, 9454, 18098 and 21883, Permits 5431, 5432, 11535, and 14853).

 

Dan Frink, Office of Chief Counsel, presented the item, noting that staff was recommending three changes to the proposed order:

 

(1) staff supports a revision suggested by Alan Lilly, page 5 2^nd full paragraph, first sentence: “The limited flow records for the North Fork Guala River make it impossible to determine the extent of the problem which, if any, that NGWC will may face in complying with applicable bypass flow requirements in Permit 14853 while meeting its municipal water supply needs.”

 

(2) page 6, line 9: “question of whether NGWC can meet its municipal water demands and comply with bypass flow requirements on an ongoing basis.”

 

(3) Page 9, No. 5, 5^th sentence: “connections if other measures are insufficient to reduce anticipated demand to the level of reliable water supplies available to permittee.”

 

Alan Lilly addressed the Board.

In response to Mr. Lilly's comments, Board Member Brown suggested a revision to the second sentence of Footnote 3, on page 7: The water supply contingency plan identified in this order is required as a condition of Water Right Permit 14853. based on the SWRCB's conclusion that the well is within the SWRCB's permitting authority under Water Code section 1200 et seq.

 

Motion: The Board, by roll call vote unanimously adopted the order, including the four revisions

Water Rights Order 99-011

 

Roll Call Vote:

John W. Brown Aye

Arthur G. Baggett Aye

James M. Stubchaer Aye

 

 

EMERGENCY ITEM

Consideration of a Proposed Resolution Regarding Definition of a Quorum for the Regional Water Quality Control Boards.

 

William R. Attwater, Chief Counsel, presented the item recommending approval of the proposed resolution.

 

Frank Piersall addressed the Board.

 

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 99 - 113

 

BOARD MEMBER REPORTS

No oral reports were made.

 

EXECUTIVE DIRECTOR's REPORT

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

ADJOURNMENT

The Chairman adjourned the meeting at 12:20 p.m.