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Central Coast Regional Water Quality Control Board

NOTICE OF PUBLIC MEETING

Wednesday, April 14, 2021, 8:00 a.m.-5:00 p.m.
Thursday, April 15, 2021, 8:00 a.m.-5:00 p.m.
Friday, April 16, 2021, 9:00 a.m.-5:00 p.m.

Video and Teleconference Meeting Only
No Physical Meeting Location
(Authorized by and in furtherance of
Executive Orders N-29-20 and N-33-20.)


  • 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.
  • Persons wishing to provide public comment on specific items on the agenda or during the public forum on matters not on this agenda must complete an electronic comment card by 12:00 noon, Friday, April 9, 2021. This deadline is intended to allow sufficient time to plan for and manage public comment in an effort to ensure everyone wishing to comment has an opportunity to do so. The comment card and instructions are available at the following website along with additional information about participating via the remote video conference public meeting:

    https://www.waterboards.ca.gov/centralcoast/board_info/remote_meeting/

  • Public comment is typically limited to three minutes unless otherwise approved by the Board Chair, and the Board Chair may need to adjust the amount of time each speaker has to ensure everyone has an opportunity to provide public comment. Requests for extra time to provide public comment need to be sent to the Clerk to the Board at RB3- CommentLetters@waterboards.ca.gov by 12:00 noon, Friday, April 9, 2021.

  • Agricultural Order 4.0 (Item 3) Ex Parte Communications Disclosure and Quiet Period Requirements: Ex parte communications are allowed in this matter, subject to the disclosure requirements of Water Code section 13287, as explained in http://www.waterboards.ca.gov/laws_regulations/docs/exparte.pdf.
    Any communications between interested persons and Board members (other than at a noticed Board meeting where proposed Agricultural Order 4.0 is on the agenda or submitted as a comment letter in compliance with this or another public notice) must be disclosed by the interested person within seven working days of the communication. Disclosure forms are available at https://www.waterboards.ca.gov/centralcoast/publications_forms/forms/docs/cent ral_coast_disclosure.pdf.


  • Pursuant to the Central Coast Water Board’s direction on January 31, 2020, ex parte communications are prohibited for a period beginning 14 days before the Board meeting at which proposed Agricultural Order 4.0 is scheduled for Board action (i.e., starting on March 31, 2021). If the Central Coast Water Board does not take action during the scheduled meeting date, the ex parte communications prohibition will be lifted. The prohibition on ex parte communications will be reinstated for 14 days before the day of the Board meeting to which the decision is continued.

Items are numbered for identification purposes only and may be considered out of order. Items scheduled for the first or second days of a three-day meeting may be delayed or continued to the next day(s) of the meeting. Closed session items may be considered on any day.
Wednesday and Thursday, April 14-15, 2021, 8:00 a.m.-5:00 p.m.
Note: the first two days of the meeting will be devoted to Item 3, consideration of proposed Agricultural Order 4.0 and a proposed resolution certifying the Environmental Impact Report for Agricultural Order 4.0.

Board Business
  1. Roll Call
[Clerk to the Board, 805/549-3140, RB3-CommentLetters@waterboards.ca.gov]
  2. Introductions
[Matthew Keeling, Executive Officer, 805/549-3140,
Matt.Keeling@waterboards.ca.gov]
Waste Discharge Requirements
  3. Consideration of Proposed Order No. R3-2021-0040, General Waste Discharge Requirements for Discharges from Irrigated Lands (Ag Order 4.0) and Proposed Resolution No. R3-2021-0039 certifying the Environmental Impact Report (EIR) for Ag Order 4.0
[Elaine Sahl, 805/542-4645, Elaine.Sahl@waterboards.ca.gov; Diane Kukol, 805/542-4637, Diane.Kukol@waterboards.ca.gov; Paula Richter, 805/549-3865, Paula.Richter@waterboards.ca.gov]

Public comment for this item will be heard on Wednesday, April 14, 2021, starting first thing in the morning after a brief introduction. Staff presentations and Board deliberation will follow public comment.

An interpreter will be available to translate into Spanish and to translate statements made in Spanish into English.

Un intérprete estará disponible para traducir al español y para traducir las declaraciones hechas en español al inglés.

Staff Report

Note: the attachments are available on the Central Coast Water Boards website at: https://www.waterboards.ca.gov/rwqcb3/water_issues/programs/ag_waivers/ag_ord er4_renewal.html
      Attachment 1: Proposed Order No. R3-2021-0040 (Agricultural Order 4.0)
        a. Attachment A: Findings to Proposed Order No. R3-2021-0040
        b. Attachment B: Monitoring and Reporting Program to Proposed Order No. R3-2021-0040
        c. Attachment C: Acronyms, Abbreviations, and Definitions to Proposed Order No. R3-2021-0040
        Attachment 2: Proposed Resolution No. R3-2021-0039 (EIR Certification)
        a. Attachment A: Proposed General Waste Discharge Requirements for Discharges from Irrigated Lands (Agricultural Order), Final Environmental Impact Report
          i. Volume 1 – Main Body
          ii. Volume 2 – Appendices
          iii. Volume 3 – Comments and Responses to Comments on the Draft Environmental Impact Report and Draft Agricultural Order 4.0
        b. Attachment B: CEQA Findings
        Attachment 3: Public comment letters received during the public comment period on the Revised Agricultural Order 4.0
        Attachment 4: Response to comments on the Revised Agricultural Order 4.0
         
Friday, April 16, 2021, 9:00 a.m.-5:00 p.m.
         
Board Business
  4. Roll Call
[Clerk to the Board, 805/549-3140, RB3-CommentLetters@waterboards.ca.gov]
  5. Introductions, Staff Recognition, and Awards
[Matthew Keeling, Executive Officer, 805/549-3140,
Matt.Keeling@waterboards.ca.gov]
  6. Approval of Board Meeting Minutes
  7. Reports by Regional Board Members
  8. Report by State Water Resources Control Board Liaison [Dorene D’Adamo, 916/641- 5609]
Uncontested Items
  9. Consideration of Proposed Order No. R3-2021-0010, Waste Discharge Requirements, Master Reclamation Permit, and NPDES Permit for Sentinel Peak Resources California LLC, Arroyo Grande Produced Water Reclamation Facility, San Luis Obispo County
[Katie DiSimone, 805/542-4638, Katie.DiSimone@waterboards.ca.gov]
    Staff Report
      Attachment 1: Proposed Order No. R3-2021-0010
Waste Discharge Requirements
  10. Consideration of Proposed Order No. R3-2021-0001, Waste Discharge Requirements and NPDES Permit for the City of El Paso de Robles Wastewater Treatment Plant, San Luis Obispo County
[Tamara Anderson, 805/549-3334, Tamara.Anderson@waterboards.ca.gov]
    Staff Report
      Attachment 1: Comments and Staff Responses
      Attachment 2: Proposed Order No. R3-2021-0001
  11. Consideration of Proposed Order No. R3-2021-0012, Waste Discharge Requirements for the City of El Paso de Robles Annual Flood Control and Fire Fuel Reduction Project, San Luis Obispo County [Kathleen Hicks, 805/549-3458, Kathleen.Hicks@waterboards.ca.gov]
    Staff Report
      Attachment 1: Proposed Order No. R3-2021-0012
      Attachment 2: Proposed Order No. R3-2021-0012 Exhibits
      Attachment 3: Monitoring and Reporting Program No. R3-2021-0012
      Attachment 4: Comments and Staff Responses
Public Forum
  12. Public forum will be heard directly after the lunch break, not before 1:00 p.m. Any person may address the Board regarding a matter within the Board's jurisdiction that is not related to an item on this meeting agenda. Comments will generally be limited to three minutes, unless otherwise directed by the Chair. Any person wishing to make a longer presentation should contact the Executive Officer at least one week prior to the meeting. Comments regarding pending adjudicatory matters will not be permitted.
Administrative Items
  13. Executive Officer’s Report
[Matthew Keeling, Executive Officer, 805/549-3140,
Matt.Keeling@waterboards.ca.gov]
    Staff Report
      Attachment 1: Table 1 - 401 Water Quality Certification Applications Received
      Attachment 2: Table 2 - 401 Water Quality Certifications Issued
      Attachment 3: Table 3 - Groundwater Section, Case Closure Performance Scoreboard
      Attachment 4: Table 4 - Groundwater Case Closures
      Attachment 5: Table 5 - Enrollments in General Orders/Waivers
Closed Session
  14. The Board may meet in closed session to consider personnel matters (Gov. Code § 11126 subd. (a)), to deliberate on a decision to be reached based upon evidence introduced in a hearing (Gov. Code § 11126, subd. (c)(3)), or to discuss matters in litigation, including discussion of initiated litigation, significant exposure to litigation, or decisions to initiate litigation (Gov. Code § 11126, subd. (e)). The Board is not required to allow public comment on closed session items. (Gov. Code § 11125.7, subd. (e)). [Stephanie Yu, Staff Counsel, 916/341-5157, Stephanie.Yu@Waterboards.ca.gov]
  Current litigation involving the Board:
  Litigation filed against the Central Coast Water Board:
    1. 2017 Agricultural Discharges OrderMonterey Coastkeeper, et al. v. Regional Water Quality Control Board, Central Coast Region (Sacramento County Superior Court, Case No. 34-2017-80002655; Third District Court of Appeal, Case No. C090943)
    2. 2019 Amendments to CAO for Cleanup at Dutch Maid Cleaners, 3323 State Street, Santa Barbara – San Roque Clean Up Fund and Trust U/W of Emil Deloreto v. California Regional Water Quality Control Board, Central Coast Region, et al. (Santa Barbara Superior Court, Anacapa Division, Case No. 20CV00022)
  Litigation filed by the Central Coast Water Board against other parties, including referrals to the Office of the Attorney General:
    3. Referral to Attorney General concerning Casmalia Hazardous Waste Site Litigation: United States v. State of California and Related Matters
    4. United States, et al. v. HVI Cat Canyon, Inc., f/k/a Greka Oil & Gas, Inc. (U.S. District Court, Central District of California, Case No. CV 11-05097 FMO (PLAx))
       



IMPORTANT INFORMATION!

If you have questions about the agenda, contact Clerk of the Board at (805) 549-3140. Written comments must generally be received prior to the Board meeting by the comment deadline for the specific agenda item. Written comments that are received after deadlines set by item-specific notices and/or hearing procedures will not generally be admitted. Any person requesting to submit late materials must demonstrate good cause, and the Chair must find that the admission of the late materials would not prejudice the Central Coast Water Board or any designated party. The Chair may modify this rule to avoid severe hardship. Unless otherwise specified, all parties and interested persons must submit presentation materials and requests for extra time to speak to the Board for items on the agenda by 12:00 noon on Friday, April 9, 2021. A late request for extra time will not prevent the party from speaking to the Board for the three minutes given to all members of the public.

Submittals are to be sent via e-mail to the Clerk to the Board at RB3- CommentLetters@Waterboards.ca.gov. Please indicate in the subject line, “April 14-16, 2021, BOARD MEETING (fill in bolded subject from appropriate item).” If you have questions about the agenda, contact the Clerk to the Board at (805) 549-3140.

Agenda and items are available electronically at:
http://www.waterboards.ca.gov/centralcoast/board_info/agendas/index.shtml

Instructions regarding board meeting conduct and procedures can be found on the Central Coast Water Board’s website:
http://www.swrcb.ca.gov/centralcoast/board_info/agendas/board_meeting_conduct.pdf

If you require an interpreter, please contact the Clerk to the Board at (805) 549-3140 or email RB3-CommentLetters@Waterboards.ca.gov by
12:00 p.m. on Monday, April 12, 2021.

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