Larger


Viewing Issues? Click here.


Audio Only



Streaming Video Home Page
Click Here to Start

Notice of Public Meeting 
Thursday, May 9, 2019 
9:00 a.m.

Meeting Location:
City of Agoura Hills
(Council Chambers) 
30001 Ladyface Court
Agoura Hills, California 91301


Agenda
The Los Angeles Regional Board strives to conduct an accessible, orderly, and fair meeting. The Chair of the Board will conduct the meeting and establish appropriate rules and time limitations for each agenda item. The Board will only act on items designated as action items. Action items on the agenda are staff proposals and may be modified by the Board as a result of public comment or Board member input. Additional information about Board meeting procedures is included after the last agenda item. 

Generally, the Board accepts oral comments at the meeting on agenda items and accepts written materials regarding agenda items in advance of the meeting. For some items requiring public hearings, written materials and oral comments will be accepted only according to the procedures set forth in a previously issued public notice for the agenda item. To ensure a fair hearing and that the Board Members have an opportunity to fully study and consider written material, unless stated otherwise, written materials must be provided to the Executive Officer not later than 5:00 p.m. on April 25, 2019. Please consult the agenda item description because certain items may have an earlier deadline for written submissions. If you are considering submitting written materials, please consult the notes at the end of the agenda. Failure to follow the required procedures may result in your materials being excluded from the administrative record; however, failure to timely submit written materials does not preclude a person from testifying before the Board.

If a person intends to use a PowerPoint presentation or other visual aids, you must contact Ronji Moffett, (213) 576-6612, at the Regional Board at least 48 hours prior to the meeting to arrange for equipment use and be prepared to load any PowerPoint presentation on the computer prior to the meeting to assure the orderly conduct of the meeting. 

*Public comments on agenda items will be limited to 3 minutes unless directed otherwise by the Board Chair or previously approved by the Executive Officer in writing.

Note:
INTRODUCTORY ITEMS
1. Roll Call.
2. Order of Agenda. Note that the agenda items are numbered for identification purposes only and may not necessarily be considered in this order.
3.
 Approval of draft meeting Minutes for the April 11, 2019 meeting.
 Motion and Vote 
4. Board Member Communications.
 4. a.Ex Parte Disclosure. Board Members will identify any discussions they may have had requiring disclosure pursuant to Government Code section 11430.40.
 4. b.Board Member Reports. The Board Members may discuss communications, correspondence, or other items of general interest relating to matters within the Board's jurisdiction
BOARD BUSINESS AND REPORTS
5. Executive Officer's Report. [Renee Purdy, (213) 576-6609]
6. Update from State Board [Laurel Firestone]
PUBLIC FORUM
7. Any person may address the Board regarding any matter within the Board's jurisdiction provided the matter does not appear elsewhere on this agenda, has not been scheduled to appear on a future agenda, and is not expected to be imminently scheduled for the Board's consideration.
UNCONTESTED ITEMS
 
 (Items marked with an asterisk are expected to be routine and noncontroversial. The Board will be asked to approve these items at one time without discussion. Any Board member or person may request that an item be removed from the uncontested calendar. If an item is removed from the uncontested calendar, it will only be voted on at this meeting if the Board accepts the staff recommendation for the item. Otherwise, the item will be continued to a future meeting to allow input by interested persons.)
Motion and Vote
 Non-NPDES State Discharge Requirements
Revision -
*8.Consideration of tentative revised Waste Discharge Requirements for Ventura Regional Sanitation District and City of Oxnard, Coastal and Santa Clara Landfills, Oxnard; File No. 68-035. (Comment submittal deadline was April 15, 2019) [Enrique Casas, (213) 620-2299]
 General Waste Discharge Requirements
Renewal -
*9.Consideration of renewal of General Waste Discharge Requirements for the discharge of Low Threat Hydrostatic Test Water to Surface Waters in Coastal Watersheds of Los Angeles and Ventura Counties; General NPDES No. CAG574001. (Comment submittal deadline was April 19, 2019) [Gensen Kai, (213) 576-6651]
 CONTESTED ACTION ITEMS
 Waste Discharge Requirements that Serve as Individual NPDES Permits
New-
10. Consideration of tentative Waste Discharge Requirements for Joint Outfall System, White Point Outfall Manifold Construction Dewatering Project; NPDES No. CA0064661. (Comment submittal deadline was April 18, 2019) [Ching Yin To, (213) 576-6696]
 Renewal -
11. Consideration of tentative Waste Discharge Requirements for the Port of Los Angeles (New Dock Street Pump Station), Terminal Island, NPDES No. CA0064157. (Comment submittal deadline was April 17, 2019). [Thomas Siebels, (213) 576-6756]
  Waste Discharge Requirements and Water Recycling Requirements
Renewal-
12.
Consideration of tentative revised Waste Discharge Requirements and Water Recycling Requirements for San Miguel Produce, Inc.; File No. 04-168. (Comment submittal deadline was April 19, 2019) [Peter Raftery, (213) 620-6156]
 Motion and Vote
 Motion and  Vote 
  Time Schedule Order
New -
13.
 Consideration of tentative Time Schedule Order for Santa Clarita Valley Sanitation District (SCVSD) Valencia Water Reclamation Plant (Valencia WRP); NPDES No. CA0054216. (Comment submittal deadline was April 10, 2019) [Veronica Cuevas, (213) 576-6662]
 Motion and Vote 
 New -
14.
 Consideration of tentative Time Schedule Order Santa Clarita Valley Sanitation District (SCVSD) Saugus Water Reclamation Plant (Saugus WRP); NPDES No. CA0054313. (Comment submittal deadline was April 10, 2019) [Veronica Cuevas, (213) 576-6662]
 Motion and Vote 
  
INFORMATION ITEM
 (This matter is for informational purposes only. The Board will take no action on this Item).
15. Informational Update on the 2018-2019 Storm Season Data from Boeing Santa Susana Field Laboratory: Woolsey Fire Impacts and Water Quality Data. (Presented by the Storm Water Expert Panel). [Cassandra D. Owens, (213) 576-6750]
CLOSED SESSION
16. As authorized by Government Code section 11126, the Regional Board will be meeting in closed session. Closed session items are not open to the public. Items the Board may discuss include the items below. [Tamarin Austin (TA) (916) 341-5171; [Jennifer Fordyce Los Angeles Water Board Meeting Agenda May 9, 2019 4 (JF) (916) 324-6682; David Coupe (DC) (510) 622-2306; Sophie Froelich (SF) (916) 319-8557]; Adriana Nuñez (AN) (916) 322-3313
 Litigation filed against the Los Angeles Regional Water Quality Control Board (Gov. Code, § 11126, subd. (e)(2)(A).):
 16.1Balcom Ranch v. State Water Resources Control Board and Los Angeles Regional Water Quality Control BoardVentura County Superior Court, Case No. 56-2012-00419048-CU-MC-VTA [Challenging assessment of administrative civil liability in Order on Complaint No. R4-2010-0023]. (DC)
 16.2City of Duarte v. State Water Resources Control Board and Los Angeles Regional Water Quality Control BoardOrange County Superior Court, Case No.30-2016-00833614-CU-WM-CJC [Challenging the Los Angeles County MS4 Permit, Order No. R4-2012-0175]. (JF)
 16.3Natural Resources Defense Council and Los Angeles Waterkeeper v. State Water Resources Control Board and Los Angeles Regional Water Quality Control Board, California Court of Appeal, Second District, Case No. B282016 [Challenging the Los Angeles County MS4 Permit, Order No. R4-2012-0175]. (JF)
 16.4City of Gardena v. Los Angeles Regional Water Quality Control Board and State Water Resources Control BoardOrange County Superior Court, Case No. 30-2016-00833722-CU-WM-CJC [Challenging the Los Angeles County MS4 Permit, Order No. R4-2012-0175]. (JF)
 16.5Wayne Fishback v. Michael D. Antonovich et al., United States District Court for the Central District of California, Case No. 2:15-cv-05719 [Seeking preliminary injunction, alleging violations of procedural and substantive due process and other claims for relief]. (DC)
 16.6Tesoro Refining & Marketing Company LLC and Tesoro SoCal Pipeline Company LLC v. Los Angeles Regional Water Quality Control BoardCalifornia Court of Appeal, Second District, Case No. B288889 [Challenging issuance of Cleanup and Abatement Order No. R4-2013-0064]. (JF)
 16.7Fishback et al. v. County of Los Angeles et al.Los Angeles County Superior Court, Case No. PC056481 [Alleging violations of procedural and substantive due process, violations of the state and federal takings clauses, and other claims for relief]. (DC)
 16.8Los Angeles Waterkeeper v. California State Water Resources Control Board and Los Angeles Regional Water Quality Control BoardLos Angeles County Superior Court, Case Number BS171009 [Challenging issuance of NPDES Permit Order No. R4-2017-0064 (Burbank Water Reclamation Plant)]. (DC)
 16.9Los Angeles Waterkeeper v. California State Water Resources Control Board and Los Angeles Regional Water Quality Control Board, Los Angeles County Superior Court, Case Number BS171010 [Challenging issuance of NPDES Permit Order No. R4-2017-0063 (Los Angeles-Glendale Water Reclamation Plant)]. (DC)
 16.10Los Angeles Waterkeeper v. California State Water Resources Control Board and Los Angeles Regional Water Quality Control BoardLos Angeles County Superior Court, Case Number BS171011 [Challenging issuance of NPDES Permit Order No. R4-2017-0062 (Donald C. Tillman Water Reclamation Plant)] (DC)
 16.11Los Angeles Waterkeeper v. California State Water Resources Control Board, Los Angeles Superior Court, Case Number BS171012 [Challenging issuance of NPDES Permit No. R4-2017-0045 (Hyperion Treatment Plant)]. (DC)
 16.12Barclay Hollander Corporation v. California State Water Resources Control Board, Los Angeles Region, California Court of Appeal, Second District, Case No. B284182 [Challenging issuance of Cleanup and Abatement Order No. R4-2011-046]. (DC)
 16.13Wishtoyo Foundation v. State Water Resources Control Board et. al., California Court of Appeal, Second District, Case No. 285271 [Challenging issuance of waste discharge requirements/water reclamation requirements, Order No. R4-2011-0079-A01 (City of Oxnard)]. (DC)
 16.14H.K. Malt, LLC v. Los Angeles Regional Water Quality Control Board, Deborah Smith, Executive Officer, and DOES 1-25, inclusive,Los Angeles County Superior Court, Case No. BS172040 [Challenging issuance of Cleanup and Abatement Order No. R4-2017-0080]. (SNF)
 16.15CraneVeyor Corporation v. California Regional Water Quality Control Board, Los Angeles RegionLos Angeles County Superior Court, Case No. 18STCP02611 [Challenging Order No. R4-2018-0032 issued pursuant to Water Code section 13267]. (AN)
 16.16General Electric Real Estate Equities, Inc. v. Regional Water Quality Control Board, Los Angeles Superior Court, Case No. TBD [Challenging issuance of Cleanup and Abatement Order No. R4-2017-0075]. (TA)
 16.173211 San Fernando Road, LLC v. State Water Resources Control Board and Los Angeles Regional Water Quality Control Board, Los Angeles County Superior Court, Case No. 19STCV09211 [Challenging issuance of Order R4-2018-0081 requiring workplan for subsurface investigation]. (TA)
 Litigation filed by the Los Angeles Regional Water Quality Control Board against other parties (Gov. Code, § 11126, subd. (e)(2)(A).):
 16.18State Department of Finance, State Water Resources Control Board and Los Angeles Regional Water Quality Control Board v. Commission on State MandatesLos Angeles County Superior Court, Case No. BS13070 [Challenging the Commission's decision that portions of the 2001 Los Angeles County MS4 permit created unfunded state mandates]. (JF)
 16.19California Regional Water Quality Control Board, Los Angeles Region v. San-Cheng Lai; Lai Circuits, Inc.; John Doe, Personal Representative of San-Cheng Lai's Estate; The Estate of San-Cheng Lai; Coast United Advertising, Inc., Doing Business as Coast United Property Management; and Does 2-20, Los Angeles Superior Court, Case No. BC707671 and related actions [seeking injunctive relief to enforce compliance with Cleanup and Abatement Order No. R4-2015-0129 and civil liability for violations of California Water Code section 13304]. (SNF)
 Petitions for Review of Los Angeles Regional Water Quality Control Board actions filed with the State Water Resources Control Board (Gov. Code, § 11126, subd. (e)(2)(A).):
 16.20In re: Petition of Natural Resources Defense Council, Los Angeles Waterkeeper, and Heal the Bay for Review of Executive Officer's Action to Conditionally Approve nine WMPs Pursuant to the 2012 MS4 PermitSWRCB/OCC File A-2386 [Challenging the Executive Officer's approval, with conditions, of nine Watershed Management Programs (WMPs) pursuant to the Los Angeles County MS4 Permit, Order No. R4-2012-0175]. (JF)
 16.21In re: Petition of Los Angeles Waterkeeper and NRDC for Review of Executive Officer's Action to Approve the North Santa Monica Bay EWMPSWRCB/OCC File A-2477 [Challenging the Executive Officer's approval of the North Santa Monica Bay EWMP pursuant to the Los Angeles County MS4 Permit, Order No. R4-2012-0175]. (JF)
 16.22In re: Petition of Natural Resources Defense Council and Los Angeles Waterkeeper for Review of Los Angeles Regional Water Quality Control Board's September 7 Vote to Take No Further Action to Review Executive Officer's Approval of the North Santa Monica Bay Enhanced Watershed Management Program Pursuant to the L.A. County MS4 Permit, SWRCB/OCC File A-2508 [Challenging the Regional Board's decision to not review the Executive Officer's approval of the North Santa Monica Bay EWMP pursuant to the Los Angeles County MS4 Permit Order No. R4-2012-0175]. (JF)
 Test Claims filed with the Commission on State Mandates (Gov. Code, § 11126, subd. (e)(2)(A).):
 16.23In re: Los Angeles Region Water Permit - Ventura CountyCommission on State Mandate Test Claim No. 110-TC-01 [Regarding a test claim filed by Ventura County Watershed Protection District and the County of Ventura alleging that portions of Order No. R4-2010-0108 created unfunded state mandates]. (JF)
 16.24In re: Los Angeles Region Water Permit - Cities of Los Angeles County, Commission on State Mandate Test Claim No. 13-TC-01 [Regarding a test claim filed by several cities within Los Angeles County alleging that portions of Order No. R4-2012-0175 created unfunded state mandates]. (JF)
 16.25In re: Los Angeles Region Water Permit - County of Los AngelesCommission on State Mandate Test Claim No. 13-TC-02 [Regarding a test claim by the County of Los Angeles and Los Angeles County Flood Control District alleging that portions of Order No. R4-2012-0175 created unfunded state mandates]. (JF)
 Other matters:
 16.26Consultation with counsel about:
  (a)A matter which, based on existing facts and circumstances, presents significant exposure to litigation against the Regional Board (Government Code section (Gov. Code, § 11126, subd. (e)(2)(B).); (TA/SNF/AN) or
  (b)A matter which, based on existing facts and circumstances, the Regional Board is deciding whether to initiate litigation (Gov. Code, § 11126, subd. (e)(2)(C).) (TA/SNF/AN)
  (b.1)In re City of Maywood [to consider matters pertaining to whether to initiate litigation and seek relief for alleged violations of State Water Resources Control Board Order No. 2006-0003-DWQ, following referral to the California Attorney General's Office on March 8, 2018, Resolution R18-001]. (SNF)
 16.27Consideration of the appointment, employment, or evaluation of performance about a public employee. (Gov. Code, § 11126, subd. (a).) (TA/SNF/AN)
17. Adjournment of current meeting. (The next regular meeting of the Board will be held on June 13, 2019 at the City of Camarillo, Council Chambers, located at 601 Carmen Drive, Camarillo, California 93010, beginning at 9:00 a.m.)
   
Ex Parte Communications: An ex parte communication is a communication to a board member from any person, about a pending matter, that occurs in the absence of other parties and without notice and opportunity for them to respond. The California Government Code prohibits the board members from engaging in ex parte communications during permitting, enforcement, and other “quasi-adjudicatory” matters. Ex parte communications are allowed on pending general orders (such as general waste discharge requirements, general waivers, and general Clean Water Act section 401 water quality certifications) subject to the disclosure requirements of Water Code section 13287 (for further information and disclosure forms, please visit http://www.waterboards.ca.gov/losangeles/laws_regulations/). The Regional Board discourages ex parte communications during rulemaking and other “quasi-legislative” proceedings. The ex parte rules are intended to provide fairness, and to ensure that the board's decisions are transparent, based on the evidence in the administrative record, and that evidence is used only if stakeholders have had the opportunity to hear and respond to it. Ex parte rules do not prevent anyone from providing information to the water boards or requesting that the water boards take an action. They simply require that the information come into the record through proper channels during a duly noticed, public meeting. A board member who has engaged or been engaged in a prohibited ex parte communication will be required to publicly disclose the communication on the record and may be disqualified from participating in the proceeding. For more information, please look at the ex parte questions and answers document found at www.waterboards.ca.gov/laws_regulations/docs/exparte.pdf.
 
Procedures: The Regional Board follows procedures established by the State Water Resources Control Board. These procedures are established in regulations commencing with section 647 of title 23 of the California Code of Regulations. The Chair may establish specific procedures for each item, and consistent with section 648, subdivision (d) of title 23 of the California Code of Regulations may waive nonstatutory provisions of the regulations. Generally, all witnesses testifying before the Regional Board must affirm the truth of their testimony and are subject to questioning by the Board Members. The Board does not, generally, require the designation of parties, the prior identification of witnesses, or the cross examination of witnesses. Generally, speakers are allowed three minutes for comments. Any requests for an alternate hearing process, such as requesting additional time to make a presentation, should be made to the Executive Officer in advance of the meeting, and under no circumstances later than 5:00 p.m. on the Thursday preceding the Board meeting. The provisions of this paragraph shall be deemed superseded to the extent that they are contradicted by a hearing notice specific to an agenda item
***
Written Submissions: Written materials (whether hand-delivered, mailed, e-mailed, or facsimiled) must be received prior to the relevant deadline established in the agenda and public notice for an item. If the submitted material is more than 10 pages or contains foldouts, color graphics, maps, or similar items, 12 copies must be submitted prior to the relevant deadline.

Failure to comply with requirements for written submissions is grounds for the Chair to refuse to admit the proposed written comment or exhibit into evidence. (Cal. Code Regs., tit. 23, § 648.4, sub. (e).) The Chair may refuse to admit written testimony into evidence unless the proponent can demonstrate why he or she was unable to submit the material on time or that compliance with the deadline would otherwise create a hardship. In an adjudicatory matter, where there is a showing of prejudice to any party or the Board from admission of the written testimony, the Chair may refuse to admit it
***
Administrative RecordMaterial presented to the Board as part of testimony that is to be made part of the record must be left with the Board. This includes photographs, slides, charts, diagrams, etc. All Board files pertaining to the items on this Agenda are hereby made a part of the record submitted to the Regional Board by staff for its consideration prior to action on the related items.
***
Accessibility: Individuals requiring special accommodations or language needs should contact Rosie Villar at (213) 576-6630 or rvillar@waterboards.ca.gov at least ten working days prior to the meeting. TTY/TDD Speech-to-Speech users may dial 7-1-1 for the California Relay Service.
***
Availability of Complete Agenda Package: A copy of the complete agenda package is available for examination at the Regional Board Office during regular working hours (8:00 a.m. to 5:00 p.m. Monday through Friday) beginning 10 days before the Board meeting. Questions about specific items on the agenda should be directed to the staff person whose name is listed with the item.
***
Continuance of Items: The Board will endeavor to consider all matters listed on this agenda. However, time may not allow the Board to hear all matters listed. Matters not heard at this meeting may be carried over to the next Board meeting or to a future Board meeting. Parties will be notified in writing of the rescheduling of their item. Please contact the Regional Board staff to find out about rescheduled items.
***
Challenging Regional Board Actions: Pursuant to Water Code section 13320, any aggrieved person may file a petition to seek review by the State Water Resources Control Board of most actions taken by the Regional Board. A petition must be received within 30 days of the action. Petitions must be sent to State Water Resources Control Board, Office of Chief Counsel; Attn: Phil Wyels, Assistant Chief Counsel; 1001 “I” Street, 22nd Floor; Sacramento, CA 95814