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STATE OF CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION

Wednesday, December 8, 2021 – 9:00 a.m.

No Physical Meeting Location - Webcast Only

(Authorized by Government Code section 11133.
)

Video and Teleconference Meeting During COVID-19 Pandemic: As a result of the COVID-19 pandemic and Government Code section 11133, this meeting will occur solely via remote presence.

For those who only wish to watch the meeting, the webcast is available at https://www.calspan.org, and should be used UNLESS you intend to comment.

Additional information about participating telephonically or via the remote meeting solution is available here:
https://www.waterboards.ca.gov/sandiego/board_info/remote_meeting/.


For those who wish to comment on an agenda item or present to the Board, please register to participate here:
https://us02web.zoom.us/webinar/register/WN_PvZS9i91QquGg8D2YPOK5Q.
 
 
MEETING NOTICE AND AGENDA1

BOARD MEETING
Public comments on agenda items will be limited to 3 minutes or otherwise at the discretion of the Board Chair

DECLARATION OF A QUORUM
Celeste Cantú, Chair; Betty H. Olson, Ph.D., Vice Chair; Henry Abarbanel, Ph.D., Board Member; Eric Anderson, Board Member; Megan Blair, Board Member; Gary Strawn, Board Member; Stefanie Warren, Board Member.
     
PUBLIC FORUM
Any member of the public may address and ask questions of the Board relating to any matter within the San Diego Water Board’s jurisdiction, provided the matter is not on the agenda or pending before the San Diego Water Board.
     
     
BOARD BUSINESS
     
  1. The Board will consider adoption of the following Board Meeting Minutes: September 8, 2021.
     
  2. Chair’s, Board Members’, State Board Liaison’s, and Executive Officer’s Reports.
     
CONSENT CALENDAR

*Items on the consent calendar may be removed at the request of any Board member or person. If an item is removed from the uncontested items calendar, it will only be voted on at this meeting if the Board accepts the staff recommendation for the agenda item. Otherwise, the item will be continued to a subsequent board meeting to allow input by interested persons.
       
  3. Addendum No. 1 to Order No. 87-54, Waste Discharge Requirements for the City of San Diego, West Miramar Solid Waste Disposal Facility, San Diego County. (Amy Grove)
  4. Rescission of Order No. R9-2009-0072, Waste Discharge Requirements for County of San Diego, San Pasqual Academy, San Diego County (Tentative Order No. R9-2021-0173). (Sherrie Komeylyan)
  5. NPDES Permit Rescission: An Order Rescinding Order No. R9-2020-0005, NPDES No. CA0001350, Waste Discharge Requirements for Cabrillo Power I LLC, Encina Power Station, San Diego County, Discharge to the Pacific Ocean (Tentative Order No. R9-2021-0197). (Debbie Phan)
  6. Waste Discharge Requirements for Temecula West Village LLC, Western Bypass and Altair Project, Riverside County (Tentative Order No. R9-2021- 0177). (Darren Bradford)
  7. Rescission of Order No. 94-02, Waste Discharge Requirements for Cowboy Country LLC, Mr. Terry Mathis and Mr. Paul Price, Cowboy Country RV Park, San Diego County (Tentative Order No. R9-2021-0185). (Sherrie Komeylyan)
  8. Amendment to Cease and Desist Order No. R9-2021-0107, United States Section of the International Boundary and Water Commission South Bay International Wastewater Treatment Plant Discharge to the Pacific Ocean through the South Bay Ocean Outfall (Tentative Order No. R9-2021-0220). (Keith Yaeger)

ACTION ITEMS
     
  9. Tentative Resolution: Adoption of 2022 Meeting Schedule (Tentative Resolution No. R9-2021-0221). (David Gibson)
  10. Approval of 2021 Triennial Basin Plan Review 3-year Workplan (Tentative Resolution No. R9-2021-0116). (Michelle Santillan)
  11. Waste Discharge Requirements for the City of Oceanside Indirect Potable Reuse Project via Groundwater Injection in the Mission Basin (Tentative Order No. R9-2021-0100). (Brandon Bushnell)
  12. NPDES Permit Amendment of Order No. R9-2019-0166, NPDES No. CA0107433, Waste Discharge Requirements for the City of Oceanside, San Luis Rey Water Reclamation Facility, La Salina Wastewater Treatment Plant, and Mission Basin Groundwater Purification Facility Discharge to the Pacific Ocean through the Oceanside Ocean Outfall (Tentative Order No. R9-2021- 0199). (Joann Lim and Keith Yaeger)
  13. NPDES Permit Amendment of Order No. R9-2019-0169, NPDES No. CA0108031, Waste Discharge Requirements for the Fallbrook Public Utility District, Fallbrook Water Reclamation Plant, and Santa Margarita Groundwater Treatment Plant Discharge to the Pacific Ocean through the Oceanside Ocean Outfall (Tentative Order No. Tentative Order No. R9-2021-0204). (Joann Lim and Keith Yaeger)
  14. NPDES Permit Amendment of Order No. R9-2019-0167, NPDES No. CA0109347, Waste Discharge Requirements for the Marine Corps Base, Camp Pendleton Southern Regional Tertiary Treatment Plant and Advanced Water Treatment Plant at Haybarn Canyon Discharge to the Pacific Ocean through the Oceanside Ocean Outfall (Tentative Order No. R9-2021-0205). (Joann Lim and Keith Yaeger)
  15. NPDES Permit Amendment of Order No. R9-2019-0168, NPDES No. CA0109193, Waste Discharge Requirements for Genentech, Inc. Discharge to the Pacific Ocean through the Oceanside Ocean Outfall (Tentative Order No. R9-2021-0206). (Joann Lim and Keith Yaeger)
  16. POSTPONED Resolution in Support of the Unified Assessment and Strategic Monitoring Approach for San Diego Bay (Tentative Resolution No. R9-2021- 0151). (Wayne Chiu)
     
     
INFORMATIONAL ITEMS
         
  17. Update on the Clean Water Act Section 401 Program for Dredge and Fill Material Discharges to Waters of the State. (Eric Becker)
 
BOARD MEMBER REQUESTS
       
  18. Future Agenda Items: Recommended Course of Action and Estimated Staff Hours to Address Action Items from the September 2021 Board Meeting. In addition, Board Members may discuss items for possible inclusion on future agendas. (Kelly Dorsey)
       
CLOSED SESSIONS
Closed Sessions are not open to the Public
         
  19. Discussion of Ongoing Litigation [Authorized under Government Code §11126, subd. (e)]. The San Diego Water Board may meet in closed session to discuss ongoing litigation for the following cases:
     
  Civil Actions (Judicial and Administrative, other than Petitions for Review filed with the State Water Board)
   
    a. In re: Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2007-001, (NPDES No. CAS0108758) Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, the San Diego Unified Port District, and the San Diego County Regional Airport Authority adopted on January 24, 2007. Test Claim filed by San Diego County, et al., with Commission on State Mandates, No. 07-TC-09 (filed June 2008). (Catherine George Hagan)

    b. State of California Department of Finance, State Water Resources Control Board, and California Regional Water Quality Control Board, San Diego Region v. Commission on State Mandates. Petition for Writ of Administrative Mandamus. Sacramento County Superior Court, Case No. 34-2010-80000604 (filed July 2010). (Catherine George Hagan)

    c. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2009-0002, (NPDES No. CAS0108740) Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of Orange, the Incorporated Cities of the County of Orange, and the Orange County Flood Control District adopted on December 16, 2009. Test Claim filed by County of Orange, et al., with Commission on State Mandates, No. 10-TC-11 (filed June 2011). (Catherine George Hagan)

    d. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2010-0016 (NPDES No. CAS0108766) adopted November 10, 2010, County of Riverside, Riverside County Flood Control and Water Conservation District, and the Cities of Murrieta, Temecula, and Wildomar, Co-Claimants, filed with Commission on State Mandates, No. 11-TC-03 (filed November 2011). (Catherine George Hagan)

    e. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2013-0001 (Regional MS4 Permit) filed with Commission on State Mandates by County of San Diego. (San Diego Region Water Permit – County of San Diego, Test Claim No. 14-TC-03 (filed June 2015). (Catherine George Hagan)

    f. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2013-0001 as amended by Order No. R9-2015 0001 and Order No. R9-2015-0100 (Regional MS4 Permit) filed with the Commission on State Mandates by Orange County Copermittees, Test Claim No. 15-TC-02 (filed June 2016). (Catherine George Hagan)

    g. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2015-0100, Provisions A.4, B.2, B.3.a, B.3.b, B.4, B.6, D.1.c(6), D.2.a(2), D.3, D.4, E.3.c(2), E.3.c(3), E.3.d, E.5.a, E.5.c(1)(a), E.5.c(2)(a), E.5.c(3), E.5.e, E.6, F.1.a, F.2.a, F.2.b, F.2.c, F.3.b(3), and F.3.c. 16-TC-05, County of Riverside, Riverside County Flood Control and Water Conservation District, and the Cities of Murrieta, Temecula, and Wildomar, Co-Claimants, filed with Commission on State Mandates, (June 2017). (Catherine George Hagan)

    h. Test Claim on California Regional Water Quality Control Board, San Diego Region, Order No. R9-2017-0077, Sections A.1, A.3, and A.5, 17-TC-05, City of San Juan Capistrano and County of San Diego, Claimants, filed with the Commission on State Mandates, (June 2017). (Catherine George Hagan)

    i. People of the State of California, Ex. Rel. the Regional Water Quality Control Board, San Diego Region v. International Boundary and Water Commission, United States Section; Jayne Harkins, in her capacity as Acting Commissioner of the International Boundary and Water Commission, United States Section. Complaint for Declaratory and Injunctive Relief (Clean Water Act 33 U.S.C. §1251 et seq.), United States District Court for the Southern District of California, Case No. 3:18-cv02050-JM-LL, filed September 4, 2018. (David Gibson)

    j. United States of America v. California Regional Water Quality Control Board, San Diego Region; David W. Gibson, in his official capacity as Executive Officer of the Regional Water Quality Control Board, San Diego Region, State of California Water Resources Control Board; and E. Joaquin Esquivel, in his official capacity as State Water Resources Control Board Chair. Complaint for Declaratory and Injunctive Relief, United States District Court for the Southern District of California, Case No. 3.21- cv-01749-GPC-AGS (filed October 8, 2021). (Vincent Vu)
       
  Petitions for Review Pending Before State Water Resources Control Board:2

    k. Petitions of San Diego Coastkeeper and Coastal Environmental Rights Foundation; City of Rancho Santa Margarita; City of Laguna Hills; County of Orange & Orange County Flood Control District; City of Dana Point; City of Laguna Beach; City of Mission Viejo; City of Laguna Niguel; Riverside County Flood Control & Water Conservation District et al.; City of San Clemente; City of San Juan Capistrano; and City of Aliso Viejo (Order No. R9-2015-0100, amending Order No. R9-2013-0001 [NPDES No. CAS 0109266] for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region), SWRCB/OCC FILE A-2456 (a thru I). (Laurie Walsh)
    l. Petition of Olivia Yutang Liu for Review of Cleanup and Abatement and Water Code Section 13267 Order No. R9-2021-0165 for San Diego County APN 197-100-02-00, issued on August 16, 2021, SWRCB/OCC File Not Assigned, petition filed on September 16, 2021. (Eric Lindberg and Chiara Clemente)
  20. Consideration of Initiation of Litigation or Discussion of Significant Exposure to Litigation. The San Diego Water Board may meet in closed session to initiate or consider initiating litigation concerning matters within its jurisdiction or to discuss significant exposure to litigation [Authorized under Government Code §11126(e)]. (David Gibson)
  21. Deliberation on a Decision to be Reached Based on Evidence Introduced in a Hearing. The San Diego Water Board may meet in closed session to consider evidence received in an adjudicative hearing and to deliberate on a decision to be reached based upon that evidence [Authorized under Government Code §11126(c)(3)].
  22. Personnel. The San Diego Water Board may meet in closed session to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing [Authorized under Government Code §11126(a)].
       
  1Versión en español disponible en
https://www.waterboards.ca.gov/sandiego/board_info/agendas/.
   
  2Petitions for review of San Diego Water Board actions or inactions filed with the State Water Board being held in abeyance by the State Water Board are generally not listed in the agenda. The titles of these matters are available at the San Diego Water Board. Please contact Vincent Vu at [email protected] or 916-323-5669 for more information.
 
       
IMPORTANT INFORMATION
       
      Unless otherwise specified, submittal of written comments must be received by 5:00 p.m. on Tuesday, November 30, 2021, and should indicate the agenda item to which it is applicable. If the submitted written material is more than 5 pages or contains foldouts, color graphics, and/or maps, two copies must be submitted. Written material submitted after 5:00 p.m. on Tuesday, November 30, 2021 may not be provided to the Board members and may not be considered by the San Diego Regional Water Quality Control Board (See Note D, attached to this Notice).

Agenda and items will be available electronically at:
https://www.waterboards.ca.gov/sandiego/board_info/agendas/

      Video broadcast of meetings will be available at:
http://cal-span.org.
         
      Follow the Board Meeting on Twitter:
https://www.twitter.com/SDWaterBoard/
         
      The San Diego Water Board’s use of Twitter is a courtesy and is for informational purposes only. It is not always reliable and is not a substitute for personal attendance at a Board meeting.