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RWQCB-SD Agenda
December 8, 2020 - San Diego Water Board Meeting

All links in the Agenda Items refer to supporting documents in Adobe Portable Document Format (PDF). Also, documents received by the Regional Board as a hard copy have to be scanned and have larger file sizes.
  • For an electronic copy of the December 8, 2020 Agenda (This copy may not reflect last minute changes made to agenda)
    • English Version | Spanish Version
  • San Diego Water Board Staff

STATE OF CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION


REVISED MEETING NOTICE AND AGENDA

Tuesday, December 8, 2020

9:00 a.m.


San Diego Regional Water Quality Control Board
No Physical Meeting Location - Webcast Only
(Authorized by and in furtherance of Executive Orders N-29-20 and N-33-20.)


Video broadcast of meetings will be available at:
https://cal-span.org/

Video and Teleconference Meeting During COVID-19 Emergency: As a result of the COVID-19 emergency and the Governor's Executive Orders to protect public health by limiting public gatherings and requiring social distancing, this meeting will occur solely via remote presence. Links for the meeting, including a phone call option, will be posted on https://cal-span.org/

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

Henry Abarbanel, Ph.D., Chair; Celeste Cantú, Vice Chair; Eric Anderson, Board Member; Megan Blair, Board Member; Betty H. Olson, Ph.D., 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: October 14, 2020
  2. Chair’s, Board Members’, State Board Liaison’s, and Executive Officer’s Reports.
  3. Future Agenda Items: Recommended Course of Action and Estimated Staff Hours to Address Action Items from the November 2020 Board Meeting. (Kelly Dorsey)
     

CONSENT CALENDAR

  4. Waste Discharge Requirement Rescission: Rescission of Order No. 88-05, Waste Discharge Requirements for Mountain Empire Unified School District, Mountain Empire Junior and Senior High School, San Diego County (Tentative Order No. R9-2020-0221). (Brandon Bushnell)
       
  5. Waste Discharge Requirement Rescission: Rescission of Order No. 88-64, Waste Discharge Requirements for Oakvale Park, San Diego County (Tentative Order No. R9-2020-0220). (Chehreh Komeylyan)
       
  6. Waste Discharge Requirement Rescission: Rescission of Order No. 88-69, Waste Discharge Requirements for Pine Valley Trailer Park, San Diego County (Tentative Order No. R9-2020-0222). (Brandon Bushnell)
       
  7. Waste Discharge Requirement Rescission: Rescission of Order No. R9-2004-0409, Waste Discharge Requirements for Ramona Unified School District, Hanson Elementary School, San Diego County (Tentative Order No. R9-2020-0179). (Chehreh Komeylyan)
  8. Tentative Resolution: Non-Regulatory Updates to the Water Quality Control Plan for the San Diego Basin (Tentative Resolution No. R9-2020-0254). (Michelle Santillan)
ACTION ITEMS
         
  9. Basin Plan Amendment: Consideration of a Proposed Resolution Adopting an Amendment to the Water Quality Control Plan for the San Diego Basin to Incorporate a Water Quality Objective for Biological Condition, Including Staff Report with Substitute Environmental Documentation (Tentative Resolution No. R9-2020-0234). The public hearing portion of this item was closed on November 18, 2020. The Board will deliberate and vote during this meeting and may allow limited oral comment if changes are made to the materials presented at the November 18, 2020, hearing. (Chad Loflen)
INFORMATIONAL ITEMS
  10. State of the Ocean Report by the City of San Diego, Status and Trends of Water Quality Conditions in the Vicinity of Point Loma Ocean Outfall and South Bay Ocean Outfall (The City's Report is required in the Monitoring and Reporting Program for its NPDES permit for discharges through the South Bay Ocean Outfall to the Pacific Ocean (City of San Diego South Bay Reclamation Facility, Order No. R9-2013-0006 (NPDES Permit No. CA0109045) and through the Point Loma Ocean Outfall to the Pacific Ocean (E.W. Blom Point Loma Wastewater Treatment Plant, Order No. R9-2017-0007 (NPDES Permit No. CA0107409)). Note: The City's Report may also pertain to the Monitoring and Reporting Program for USIBWC International Wastewater Treatment Plant, discharges through the South Bay Ocean Outfall to the Pacific Ocean, Order No. R9-2014-0009 (NPDES Permit No. CA0108928)). Discussion during this item will be limited to the matters presented in the City's Report and no action will be taken.). (Keith Yaeger)
  11. Update on New Wetland Policy. (Eric Becker)
CLOSED SESSIONS
Closed Sessions are not open to the Public

  12. 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 tates 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-cv-02050-JM-LL, filed September 4, 2018. (David Gibson)
    j. General Dynamics Corp. v. California Regional Water Quality Control Board, San Diego Region and David Gibson in his official capacity as Executive Officer for the San Diego Regional Water Quality Control Board, et al. Verified Petition for Writ of Mandate and Complaint for Declaratory Relief, San Diego County Superior Court, Case No. 37-2020-00012512-CU-MC-CTL, filed March 2, 2020. (Catherine George Hagan)
    k. City of Oceanside and Fallbrook Public Utilities District v. State Water Resources Control Board. San Diego Regional Water Quality Control Board as Real Party in Interest. Verified Petition for Writ of Mandate and Request for Stay, San Diego County Superior Court, Case No. 37-2020-00033562.CU-WM-CTL, filed September 23, 2020. (Vincent Vu)
 
Petitions for Review Pending Before State Water Resources Control Board
    -- Petitions 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 Catherine George Hagan at Catherine.Hagan@waterboards.ca.gov or 619-521-3012 for more information.

    l. Petition of the Fallbrook Public Utilities District and Southern California Alliance of POTWS (SCAP) for Review and Request for Stay of Order No. R9-2019-0169, NPDES No. CA0108031, Waste Discharge Requirements for the Fallbrook Public Utilities District, Fallbrook Reclamation Plant and Santa Margarita Groundwater Treatment Plant, adopted February 12, 2020, SWRCB/OCC File A-2688, filed March 11, 2020. (Joann Lim and Keith Yaeger)
    m. Petition of the City of Oceanside for Review and Request for Stay 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, adopted February 12, 2020, SWRCB/OCC File A-2689, filed March 11, 2020. (Joann Lim and Keith Yaeger.)
    n. Petition of Jarod Campbell for Review of Amendment No. 1 to Clean Water Act Section 401 Water Quality Certification No. R9-2012-0075, issued on June 11, 2020, SWRCB/OCC File Not Assigned, filed July 7, 2020. (Darren Bradford)
    o. Petition of Danny and Tina Luz for Review of Amendment 1 to Clean Water Act Section 401 Water Quality Certification No. R9-2012-0075, issued on June 11, 2020, SWRCB/OCC File Not assigned, filed July 10, 2020. (Darren Bradford)
    p. Petition of Russell Campbell for Review of Amendment No. 1 to Clean Water Act Section 401 Water Quality Certification No. R9-2012-0075, issued on June 11, 2020, SWRCB/OCC File Not Assigned, filed July 11, 2020. (Darren Bradford)
    q. Petition of Lockheed Martin Corporation for Review of San Diego Regional Water Quality Control Board's Determination of Applicability of 2018 Sediment Quality Objectives to Cleanup and Abatement Order No. R9-2017-0021; Request for Hearing and Petition for Stay. Determination that is subject of petition is dated June 23, 2020; Petition filed July 23, 2020. (Sarah Mearon and Catherine George Hagan)
       
  13. 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)
  14. 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)].
  15. 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)].

IMPORTANT INFORMATION
      Unless otherwise specified, submittal of written comments must be received by 5:00 p.m. on Tuesday, December 1, 2020 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, December 1, 2020 will 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/

*Items on the uncontested items 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.

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.