STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING MINUTES

April 26, 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, April 26, 2001, at 9:00 a.m.

in the Coastal 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

Ed Anton, Thomas Howard, Craig M. Wilson, Maureen Marché, Kathleen Groody, Barbara Leidigh and Elizabeth Jennings.

OTHERS PRESENT

Fredrick Jacobsen, Sempra Energy; Jonathan Kaplan, Baykeeper; Shari Rokni, Rokni Development Company; Aaron Johnston, Graniterock Company; Edmund Gee, U. S. Department of Interior; Jeff Ohmort, MWDOC; Bill Bill Baber, Sacramento Valley Districts; Dante John Nomellini, Central Delta Water Agency; Matthew Campbell, (Deputy Attorney General), California Department of Fish & Game and Cathy Crothers, California Department of Water Resources.

PRESENTATION

A presentation of individual Sustained Superior Accomplishment Awards were made to Sheila Vassey, Office of Chief Counsel; Janice Clemons and Amy Tong, Division of Clean Water Programs and David Azevedo, Division of Administrative Services.

A presentation of Team Superior Accomplishment Awards were made to the members of Toxic Standards, Delta Wetlands and the Need Analysis/Cost Factor Teams.

PUBLIC FORUM

No one addressed the Board.

MINUTES

The Board unanimously approved the minutes of the November 16, December 4, 2000 and January 25, February 15, 28 and March 1 and 7, 2001 Board Meetings.

UNCONTESTED ITEMS

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

WATER QUALITY

1. Consideration of a Proposed Resolution Authorizing the Executive Director to Negotiate, Execute, and Amend, as Necessary, an Interagency Agreement with the Department of Fish and Game to Continue Operation of the Coastal Fish Contamination Program in Fiscal Years (FYs) 2001-02, 2002-03, and 2003-04.

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2001-037

2. Consideration of a Resolution Authorizing the Executive Director or His Designee to Apply for and Accept Fiscal Year (FY) 2001-02 Clean Water Act Section 106 and Section104(b)(3) Water Pollution Control Program Grants, Plus any Carry-Over FY2000-01 Grant Funds and to Negotiate, Approve, and/or Amend the Grants and the Workplans.

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2001-038

3. Consideration of a Resolution Authorizing the Executive Director to Accept Augmentation of a Federal Clean Water Act Section 319(h) Grant and Authorizing Execution and Amendment of Contracts to Utilize the Funds.

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2001-039

WATER QUALITY PETITION

4. In the Matter of the Petition of California Department of Transportation for Review of Cease and Desist Order No.00-87 for Crystal Cove, Issued by the California Regional Water Quality Control Board, Santa Ana Region. SWRCB/OCC File A-1350.

Motion: The Board unanimously adopted the proposed order.

Water Quality Order 2001-08

CLEAN WATER PROGRAMS

5. Consideration of Approval of a Grant to the City of Orange Cove for the Planning and Design of the Orange Cove Wastewater Improvement Project, Wastewater Construction Grant Program of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond Act.

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2001-040

6. Consideration of Approval of a Small Communities Grant for the McCloud Community Services District (MCSD), Sewer System Replacement/Rehabilitation Project; Project No. SCG-808.

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2001-041

7. Consideration of Adoption of Amended Emergency Regulations for Electronic Submission of Laboratory Analytical Data for Underground Storage Tank (UST) Reports.

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2001-042

8. Consideration of Approval of a Proposed Resolution Amending the Underground Storage Tank Cleanup Fund Priority List – Amendment No. 84.

Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2001-043

WATER RIGHTS

9. Consideration of a Proposed Resolution Authorizing the Executive Director or His Designee to Negotiate, Execute and Amend a Contract for Water Rights Environmental Services.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-044

ADMINISTRATION

10. Consideration of Authorization for the Executive Director to Apply for and Accept Federal Funds, Not to Exceed $100,000 Per Year on an Annual Basis for the Next 10 Years, and to Negotiate Future Grant Amendments Within This Authority From the US EPA to Support the Implementation of the Morro Bay National Estuary Program’s Comprehensive Conservation and Management Plan.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-045

WATER QUALITY

11. Modification of Water Quality Order 99-08-DWQ State Water Resources Control Board (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated With Construction Activity.

Kathleen Groody, Division of Water Quality, presented the item noting changes since the April 4 Workshop discussion, and recommending approval of the modified findings and monitoring provisions to Water Quality Order 99-08-DWQ.

Mssrs. Johnston and Rokni addressed the Board. Betsy Jennings, Office of Chief Counsel, responded to the comments.

Motion: The Board unanimously adopted the proposed resolution. Resolution 2001-046

The Chairman recessed the meeting at 10:00 a.m. and reconvened the meeting at 1:03 p.m.

WATER RIGHTS

12. Consideration of a Proposed Order Staying and Dismissing Phase 8 of the Bay-Delta Water Rights Hearing and Amending Revised Decision 1641.

Barbara Leidigh, Office of Chief Counsel, presented the item noting minor changes to the April 11 draft order and recommended approval of the proposed order formally staying and dismissing Phase 8 of the Bay-Delta water rights hearing subject to terms and conditions.

Mssrs. Gee, Ohmort, Baber, Aladjem and Ms. Crothers addressed the Board.

The Board Members Changed the initial time period in the order for the Department of Water Resources and the US Bureau of Reclamation to meet the water quality objectives. Ms. Leidigh recommended conforming changes regarding the time period for meeting the objectives.

In response to the comments, Andy Sawyer, Office of Chief Counsel, suggested the following language be added to the Order section in two places: “Any extension hearing shall be for the limited purpose of determining whether additional time is necessary, and shall not include consideration of changes in allocation of responsibility.”

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

Water Rights Order No. 2001-05

BOARD MEMBER REPORTS

No 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 1:25 p.m.