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Notice of Public Meeting 638th Regular Board Meeting Thursday, November 12, 2020 9:00 a.m. No Physical Meeting Location Authorized by and in furtherance of Executive Orders N-29-20 and N-33-20 |
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| Video and Teleconference Meeting Only During COVID-19 Emergency As a result of the COVID-19 emergency and the Governor’s Executive Orders to protect health by limiting public gatherings and requiring social distancing, this meeting will occur solely by remote presence. For those who only wish to watch the meeting, the customary webcast remains available at https://cal-span.org/ and should be used UNLESS you intend to comment For those who wish to comment on an agenda item or are presenting to the Board, additional information about participating telephonically or via the remote meeting solution is available here: https://www.waterboards.ca.gov/losangeles/board_info/remote_meeting/ For those who wish to follow Regional Board meeting agenda on Twitter. The feed is available on the Board meeting day: https://twitter.com/RWQCB4 |
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| AGENDA | ||||
| The Los Angeles Regional Water Quality Control Board (Los Angeles Water Board or 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 October 29, 2020. 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, they must be received by the Los Angeles Water Board’s IT Department, to the attention of Khalid.Abdullah@waterboards.ca.gov, at least 48 hours prior to the meeting and will not be accepted after that time. Note that 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. Persons requesting more than 3 minutes to speak on an agenda item must register to participate in the meeting not later than 5:00 pm, November 5, 2020 via the Zoom registration link https://us02web.zoom.us/webinar/register/WN_S6cgaPV5S2enZcA6aNPhng and indicate in their registration the item they wish to speak on and the amount of time they are requesting. Time requests submitted via the Zoom registration will be evaluated by the Chair and time allocations will be communicated in advance of the meeting. Persons not requesting additional time to speak may register via the Zoom registration link at any time before or during the Board meeting. |
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| 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.) | |||
| BOARD BUSINESS AND REPORTS | ||||
| 3. | Approval of Draft Meeting Minutes for the October 8, 2020 Meetings [Helen Rowe, (213) 576-6612] | |||
| 4. | Approval of Tentative 2021 Los Angeles Water Board Meeting Schedule [Helen Rowe, (213) 576-6612] | |||
| 5. | Appointment of a Committee to Nominate Regional Water Board Officers for 2021 (The Chair will appoint a committee to nominate a Chair and Vice Chair for 2021.) | |||
| 6. | Board Member Communications | |||
| a. | Ex Parte Disclosure (Board Members will identify any discussions they may have had requiring disclosure pursuant to Government Code section 11430.40.) | |||
| 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.) | |||
| 7. | Executive Officer’s Report [Renee Purdy, Renee.Purdy@waterboards.ca.gov] | |||
| 8. | Update from State Water Board [Sean Maguire/Laurel Firestone] | |||
| a) | Update on Water Boards Racial Equity Initiative (The State and Regional Water Boards are collectively embarking on a Racial Equity Initiative, building upon prior and ongoing work of the Water Boards and CalEPA staff through the Government Alliance on Race and Equity and the Capital Collaborative on Race and Equity. The goal of the Initiative is to evaluate and improve internal and external practices, actions, and outcomes to address systemic, institutional, and individual racism within the agency and in the communities we serve.) [Adriana Renteria, Director, Office of Public Participation, Adriana.Renteria@waterboards.ca.gov] | |||
PUBLIC FORUM |
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| 9. | 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 |
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| (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.) | ||||
| Waste Discharge Requirements that Serve as Individual NPDES Permits | ||||
| Renewal | ||||
| 10. | *Consideration of Tentative Waste Discharge Requirements for Tesoro Logistics Operations LLC – East Hynes Tank Farm, Long Beach, CA. NPDES No. CA0059561 (Comment submittal deadline was October 19, 2020.) [Don Tsai, Don.Tsai@waterboards.ca.gov ]. | |||
| CONTESTED ITEMS | ||||
Waste Discharge Requirements that Serve as Individual NPDES Permits |
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| Renewal and Time Schedule Order | ||||
| 11. | Consideration of Tentative Waste Discharge Requirements for Ormond Beach Power, LLC, Ormond Beach Generating Station, Ormond Beach, CA; NPDES No. CA00011198 (Comment submittal deadline was October 19, 2020.) [Rosario Aston, Rosario.Aston@waterboards.ca.gov ] | |||
| 12. | Consideration of Tentative Waste Discharge Requirements and Time Schedule Order for AES Alamitos LLC, Alamitos Generating Station, Long Beach, CA. NPDES No. CA0001139 (Comment submittal deadline was October 21, 2020.) [Thomas Siebels, Thomas.Siebels@waterboards.ca.gov ] 12.1. Tentative Waste Discharge Requirements 12.2. Tentative Time Schedule Order |
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Basin Planning |
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| 13. | .Consideration of a Tentative Resolution regarding the selection of Basin Planning priorities for the 2020-2022 Triennial Review period. (Comment submittal deadline was October 5, 2020.) [Dr. Ginachi Amah, Ginachi.Amah@waterboards.ca.gov ] | |||
| INFORMATION ITEMS | ||||
| 14. | Status of statewide and Los Angeles Water Board investigations on Per- and Polyfluoroalkyl Substances (PFAS). Los Angeles Water Board staff, together with State Water Board staff and stakeholders, will provide an update on data collected and analyzed as part of the statewide PFAS investigative orders issued in 2019 and 2020 for monitoring at airports, landfills, chrome platers, wastewater treatment plants, and public water supply wells. [Thizar Tintut-Williams, thizar.williams@waterboards.ca.gov] | |||
| CLOSED SESSION | ||||
| 15. | As authorized by Government Code section 11126, the Los Angeles Water 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 (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).) | ||||
| a) | Balcom Ranch v. State Water Resources Control Board and Los Angeles Regional Water Quality Control Board, Ventura 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) | |||
| b) | City of Duarte v. State Water Resources Control Board and Los Angeles Regional Water Quality Control Board, Orange County Superior Court, Case No. 30-2016- 00833614-CU-WM-CJC (appeal pending, California Court of Appeal, Fourth District, Case No. G058539) [Challenging the Los Angeles County MS4 Permit, Order No. R4-2012-0175]. (JF) | |||
| c) | Natural Resources Defense Council and Los Angeles Waterkeeper v. State Water Resources Control Board and Los Angeles Regional Water Quality Control Board, Los Angeles County Superior Court, Case No. BS156962 [Challenging the Los Angeles County MS4 Permit, Order No. R4-2012-0175; remand on antidegradation claim]. (JF) | |||
| d) | City of Gardena v. Los Angeles Regional Water Quality Control Board and State Water Resources Control Board, Orange County Superior Court, Case No. 30- 2016-00833722-CU-WM-CJC (appeal pending, California Court of Appeal, Fourth District, Case No. G058540) [Challenging the Los Angeles County MS4 Permit, Order No. R4-2012-0175]. (JF) | |||
| e) | Wayne 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) | |||
| f) | Fishback 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) | |||
| g) | CraneVeyor Corporation v. California Regional Water Quality Control Board, Los Angeles Region, Los Angeles County Superior Court, Case No. 18STCP02611 [Challenging Order No. R4-2018-0032 issued pursuant to Water Code section 13267] and Case No. STCP02272 [Challenging Workplan Review Letter]. (TA) | |||
| h) | General Electric Real Estate Equities, Inc. v. Regional Water Quality Control Board, Los Angeles County Superior Court, Case No. 19STCP00207 [Challenging issuance of Cleanup and Abatement Order No. R4-2017-0075]. (TA) | |||
| i) | Franzen v. Los Angeles Regional Water Quality Control Board, et al., Los Angeles County Superior Court, Case No. 20STCP01151 [Challenging Order No. R4-2019- 0092, issued pursuant to Water Code section 13267]. (TA) | |||
| j) | City of Torrance v. California Regional Water Quality Control Board, Los Angeles Region, Los Angeles County Superior Court, Case No. 20STCP01992 [Challenging Order No. R4-2020-0003, issued pursuant to Water Code section 13267]. (TA) | |||
| k) | REV 973 v. Los Angeles Regional Water Quality Control Board, Los Angeles Superior Court, Cas No. 20STCP02934 [Challenging Order R4-2014-0117, issued on September 19, 2014, pursuant to Water Code sections 13267 and 13304]. (SNF) | |||
| l) | OPI Products, Inc. and North Hollywood Properties, Inc. v. Los Angeles Regional Water Quality Control Board, Los Angeles Superior Court, Case No. 20STCP02400 [Challenging Order R4-2019-0042-A, issued pursuant to Water Code section 13267]. (TA) | |||
| m) | Litigation filed by the Los Angeles Regional Water Quality Control Boardagainst other parties (Gov. Code, § 11126, subd. (e)(2)(A).) | |||
| n) | State Department of Finance, State Water Resources Control Board and Los Angeles Regional Water Quality Control Board v. Commission on State Mandates, California Court of Appeal, Second District, Case No. B292446 [Challenging the Commission’s decision that portions of the 2001 Los Angeles County MS4 permit created unfunded state mandates]. (JF) | |||
| o) | California Regional Water Quality Control Board, Los Angeles Region v. SanCheng Lai; et al., Los Angeles County 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]. (SF)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).) | |||
| p) | In 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 Permit, SWRCB/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]. (AN/JF) | |||
| q) | In re: Petition of Los Angeles Waterkeeper and NRDC for Review of Executive Officer’s Action to Approve the North Santa Monica Bay EWMP, SWRCB/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]. (AN/JF) | |||
| r) | In 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 Los Angeles Water 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]. (AN/JF) | |||
| Test Claims filed with the Commission on State Mandates (Gov. Code, §11126, subd. (e)(2)(A).) | ||||
| s) | In re: Los Angeles Region Water Permit – Ventura County, Commission 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) | |||
| t) | In 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) | |||
| u) | In re: Los Angeles Region Water Permit – County of Los Angeles, Commission 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) | |||
| v) | Other matters | |||
| w) | Consultation with counsel about: | |||
| i. | A matter which, based on existing facts and circumstances, presents significant exposure to litigation against the Los Angeles Water Board (Government Code section (Gov. Code, § 11126, subd. (e)(2)(B).); (TA/SF/AN) or | |||
| i. | A matter which, based on existing facts and circumstances, the Los Angeles Water Board is deciding whether to initiate litigation (Gov. Code, § 11126, subd. (e)(2)(C).) (TA/SF/AN) | |||
| 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]. (SF) | |||
| ii. | Consideration of the appointment, employment, or evaluation of performance about a public employee. (Gov. Code, § 11126, subd. (a).) (TA/SF/AN) | |||
| iv. | To deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law. (Gov. Code § 11126, subd. (c)(3).) (TA/SF/AN) | |||
| 16. | Adjournment of current meeting (The next regular meeting of the Board will be held on November 13, 2020, beginning at 9:00 a.m. The location is to be determined.) | |||
| NOTES ON AGENDA | ||||
| Ex Parte Communications | ||||
| An ex partecommunication 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 fromengaging 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 Los Angeles Water 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 tothe 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 Los Angeles Water 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 Los Angeles Water 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. |
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| Administrative Record | ||||
| Material 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 Los Angeles Water Board by stafffor 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 Rosie.Villar@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 Los Angeles Water 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 Los Angeles Water Board staff to find out about rescheduled items. | ||||
| Challenging Los Angeles Water 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 Los Angeles Water Board. A petition must be received by State Water Resources Control Board, Office of Chief Counsel, Attention: Adrianna Crowl, 1001 I Street, 22nd Floor,Sacramento, CA, 95814, within 30 days of the action. Instructions for filing water quality petitions are located on the State Water Resources Control website (https://www.waterboards.ca.gov/public_notices/petitions/water_quality/wqpetition_instr.shtml | ||||
