San Francisco Bay Regional Water Quality Control Board EXECUTIVE OFFICER'S REPORT

A Monthly Report to The Board March 13, 2002

Water Quality Excellence Awards cover violations that occurred through December 2001. We are proposing to initiate a new Regional Board awards program to acknowledge The MMP program has been successful in outstanding water quality achievements by reducing violations. Attached to this dischargers, other agencies, or citizen month’s report is a graph showing violation groups. Our regulatory mission usually data from the Board’s Electronic Reporting places us in the role of pointing out System (ERS). The ERS has data from violations and water quality problems, but almost all of the major NPDES dischargers we feel it is also important to recognize in the Region. The data show that since the excellence in addressing water quality issues MMP program began, the number of permit in our region. Awards would be made as violations decreased by about 40% worthwhile projects or activities happen. (comparing 2001 data with 2000 data). We propose to begin this at the Board’s Statewide data show similar reductions. A April meeting. note on our data, the number of violations needs to be compared to the total data MMP Retrospective (Wil Bruhns) received each month (about 20,000 measurements). Therefore, based on an In 1999 the Legislature passed SB 709, average of 27 violations per month, this which set up a Mandatory Minimum Penalty would be an overall compliance rate of (MMP) enforcement program for the 99.9% during the last two years. Regional Boards. There was a perception in the Legislature that the Regional Boards However, we have all expressed were not doing enough enforcement, which dissatisfaction with the lack of Board led to this bill. The law is similar to a New flexibility in the MMP law. There is Jersey law which led to dramatic reductions currently a bill in the Legislature, AB 2351 in violations. The law went into effect on (Canciamilla), which would modify the January 1, 2000. It requires mandatory MMP law. It allows SEPs above the current $3000 penalties for certain kinds of $3000 limit, defines specific circumstances violations of NPDES permits, and allows the not subject to MMPs, addresses Board Boards only very limited enforcement procedures regarding MMPs, and allows the discretion. It also severely limits the amount Board, with at least five votes, to waive or of any MMP fines that can go to reduce a mandatory penalty. Supplemental Environmental Projects (SEPs). Industrial Stormwater General Permit – Annual Monitoring Reports (Rico Duazo) The first MMP issued by the Board was in September 2000. Since then the Board has The Annual Industrial Stormwater issued 47 MMPs, for a total of $771,000. Monitoring Reports are due July 1 of each $87,000 of this amount has gone to SEPs. year. There were 1,757 sites in our Region (During the same time period the Board for the reporting period of 2000/2001. The assessed $1,128,989 in discretionary ACLs, bulk of the reports arrived between mid-June with $647,000 going to SEPs). There are and late July 2001. Reports were reviewed about 10 MMPs currently in the pipeline to for completeness and any stormwater

1 sample results that indicated potential In February, a private well in a small, pollution problems were noted for future unincorporated area in Hayward was reference. discovered to be contaminated with the chemical trichloroethylene (TCE). The one- In August 2001, we issued 259 Notice of block neighborhood is not connected to the Non-Compliance (NNC) letters for City of Hayward’s water supply system. dischargers that had not yet submitted their The TCE appears to originate at a nearby annual reports. In September 2001, we industrial facility (Thermofusion) that is issued a second NNC letter to 125 regulated under a Board cleanup order. The dischargers that did not respond to the first discharger is supplying drinking water to the letter. During that time, we responded to affected home plus four other homes that lie numerous phone calls and requests within the known area of groundwater regarding the NNC letters. Final follow-up contamination and rely on private wells for included additional phone calls and their water supply. Alameda County is approximately 40 inspections for sites that conducting additional sampling of the were difficult to contact. Final results are as private wells in this area in coordination follows: with Board staff. We will also explore the possibility of a permanent water system  1130 sites submitted complete connection for the affected residences. This annual reports, episode points out the difficulty of  226 sites did not need annual reports identifying private wells near groundwater because of termination, non- plumes. These five wells were not found by operation, etc., and the discharger’s original well survey and  401 sites submitted inadequate were only discovered as a result of a annual reports and/or needed subsequent door-to-door survey by City additional information. staff. We will also be exploring the possibility of using new geographical To address inadequate reports, Board staff information systems (GIS) to identify areas are working to augment the SWRCB’s not served by public water supplies and current database to be able to track the requiring dischargers to conduct more discharger’s performances year by year. rigorous well surveys in these areas. Currently we are only able to track if a report was submitted and limited in our Tomales Bay Sanitation Survey ability to make comments. With the (Rebecca Tuden) expanded database, we will also be able to enter sampling results and visual In December 2001, the California observations, comment on the adequacy of Department of Health Services (DHS) the discharger’s annual reports, and released its Twelve-Year Sanitary Survey highlight dischargers that need to be more Report for Tomales Bay (Report), Marin closely monitored. We expect to be ready County. The Report identified facilities and by mid summer, in time for the annual activities within the Tomales Bay watershed reports that are due July 1. that could potentially threaten the eight commercial shellfishing operations in Tomales Bay.

Many of the facilities that DHS identified in the Report are sanitary wastewater treatment Solvent Plume affects private wells in facilities that are operating under Waste Dis- Hayward (Roger Brewer) charge Requirements (WDRs) issued by the Board. In commenting on the Report, Board staff committed to working closely with

2 DHS to assure WDRs are complied with. removal, soil excavation, and installation of More importantly, staff’s comments encour- groundwater extraction systems and aged DHS to focus on reducing other poten- monitoring wells. A report documenting tial nonpoint sources of fecal contamination, implementation of the interim remedial including faulty individual on-site waste- measures and providing a preliminary water (septic) systems, boater/recreational evaluation of its effectiveness will be users, dairies and ranches. submitted in the third quarter of 2002.

The Tomales Bay watershed and its Staff are also meeting with East Bay Re- tributaries are listed as impaired for gional Parks District, California Department sediments, nutrients, and pathogens (as of Fish and Game, US Department of Fish measured by fecal coliform), and completion and Wildlife, BCDC, and USACE to discuss of a Total Maximum Daily Load (TMDL) cleanup and design of marsh, upland, and for pathogens is expected this summer. transition areas of MSOU. Staff will identi- Board staff continue to coordinate with fy and address issues and concerns the agen- DHS, the County of Marin and other cies may have with site remediation. stakeholders in the watershed to reduce sources of fecal coliform. Kirby Canyon Landfill (Alec Naugle)

Meade Street Operable Unit Last October the bottom liner beneath about (Cecilio Felix) 50 feet of trash was accidentally punctured at the Kirby Canyon Landfill, located in the The Board adopted Site Cleanup hills just east of Hwy 101 in South San Jose. Requirements for the Meade Street Operable The puncture occurred during drilling for Unit (MSOU) in September 2001. The installation of a landfill gas (methane) MSOU consists of the Zeneca, Inc. and UC recovery well. The liner includes a 1- Berkeley Richmond Field Station sites and millimeter thick plastic sheet underlain by the adjacent areas of Stege Marsh, which are two feet of compacted clay, then gravel, impacted primarily with low pH conditions, then the natural canyon rock. The drill metals, VOCs, and pesticides. Most of the contractor noticed torn bits of the plastic impacts are associated with a former sheet, clay, and gravel in the mixture of explosives manufacturing facility and the trash cuttings. Luckily no water was use of spent pyrite ore (an iron sulfide) as encountered at the bottom of the hole on that fill material. day.

Recent reports submitted per the SCRs The existence of a three-foot diameter hole include: a Remedial Design Report which in the liner beneath 50 feet of trash creates a includes soil leach test results; groundwater conduit for leachate (liquid within the trash) neutralization test results; and bio-reactive and surface runoff to seep through and barrier wall design details; a Conceptual thereby contaminate groundwater seeping Remediation and Risk Management Plan for out from the natural rock. Ultimately the Subunit 2A; and a Human Health and groundwater may flow down the canyon and Ecological Risk Assessment for Subunits 2A into Coyote Creek. Since the puncture and 2B. Staff have reviewed these reports occurred, the top of the hole has been and are currently discussing areas of concern covered at the surface of the trash. and coordinating work between the dischargers. Recently, the landfill operator (Waste Management, Inc.) submitted a proposal for At the Zeneca site, interim remediation has repairing the punctured liner. According to been implemented to address VOC hotspots. the proposal, the preferred remedy is to Interim remediation consists of source over-drill the existing hole. A person would

3 be lowered to the base of the hole in order to Former Mare Island Naval Shipyard manually remove excess trash and uncover (Gary Riley) and clean the edges of the torn plastic liner. A clay/soil mix would be placed in the The Navy expects to transfer the deed for depression beneath the plastic sheet then a the Eastern early transfer parcel at Mare plastic patch would be welded to the Island to the City of Vallejo on or before exposed edges of the existing plastic sheet. March 14, 2002. The developer, Lennar After welding is complete, the person would Mare Island, has been performing be removed from the hole. Two-feet of environmental investigation in advance of grout would then be injected at the base of receiving title to the property. Significant the hole and the rest filled with soil to the staff effort has gone into working with top. Lennar for planning the investigation, cleanup, and closure of at least 65 Waste Management has selected this method underground storage tanks in the Eastern due to the high probability of obtaining a parcel. complete liner seal. The repair should be completed within the next two months. Early transfer of the Western parcel to the State Lands Commission is currently sched- Former Naval Fuel Depot Point Molate uled to occur by March 31, 2002. The (Adriana Constantinescu) Navy’s consultant has submitted remedial investigation, feasibility study, and remedial The Navy has moved forward to complete a action plan documents to complete the envi- landfill closure at the former Pt. Molate ronmental work and allow the SLC to accept Navy Fuel Depot (NFD) in Richmond. A the Western parcel. On behalf of the City of decision was made to properly close a small Vallejo, the consultant intends to apply for one acre landfill at the site that occupies a Waste Discharge Requirements from the hill side gully. The landfill contains Board to allow use of the ponds as a dispos- decomposable construction debris and oily al facility for material from dredging wastes and was used from the 1950s to the projects throughout the Bay. We see the use 1970s. The closure construction consists of of these dredge ponds as a key to our contin- drainage diversion around the landfill, a soil uing efforts to manage Bay dredge disposal. cover and a passive gas venting system.

Over the last year staff has worked closely with Navy to move the landfill closure Napa River TMDL (Mike Napolitano) forward. The Navy has been very responsive by starting the project last In 1990, the Regional Board listed Napa August, even when full funding was not River watershed as impaired because of too committed. Work was stopped last October much sediment. The listing was made in when funding ran out, but since then, the response to concerns regarding adverse Navy succeeded in obtaining additional impacts to habitat for steelhead trout, funding to complete the closure, expected by chinook salmon, and other threatened the end of this month. species whose populations have declined substantially in recent decades. Phase I of Staff believes this closure is a success story. the Napa River watershed TMDL study has The Navy was responsive to our request to allowed us to: 1) refine the TMDL problem obtain a better closure design than initially statement; 2) identify and rank all important proposed and to begin the construction and factors limiting populations of key native obtain funding to complete the work. fish and wildlife species; and 3) set the stage for further investigation of impairment(s) in Phase II of the study. Release of the draft

4 report has been delayed until April 10, 2002 to allow additional time for sediment data Staff Presentations collection and calibration of methods in order to reduce potential uncertainty of Watershed Management Division staff findings. The draft report will be posted on persons Myriam Zech and Tina Low spoke the Regional Board website under “available at a workshop sponsored by the Mosquito & documents” at Vector Control Association of California, http://www.swrcb.ca.gov/~rwqcb2/Downloa Coastal California Region, on February 5, d.htm on April 10, 2002. Paper copies will 2002. The purpose of the workshop was to also be mailed to a list of interested parties. provide continuing education to the staff and Comments on the draft report will be managers of mosquito and vector control considered through April 29, 2002. The agencies in the Bay Area, on issues of water final report will be released by June 15, quality, endangered species, and vector 2002. Phase II of the study, leading to a control. Presentations by Regional Board TMDL report and implementation plan, will staff focused on the Regional Board’s be completed by June 2004. mission, policy, and key programs. Tina Low discussed the Clean Water Act Section In-house Training 401 water quality certification program. Myriam Zech spoke on the municipal storm Our March 7 training was on new water permit and upcoming requirements for groundwater protection initiatives. We will new development. have in-house training on computer software for presentations and databases on March 28 I am continuing our stormwater outreach by and 29. We had two recent brown-bag speaking to the Contra Costa County’s topics - a March 6 session by former Region Cities Managers group on March 14 and the 5 staffer Steve Bond on the legacy of the ABAG Executive Council on March 21. I Penn Mine remediation in determining State will be addressing the North Bay Watershed policy toward mine remediation projects and Association annual meeting on a March 13 session by our own Jill Marshall reclamation/recycling. on stream protection policy.

5 Region 2- NPDES Effluent Violations From January 1, 2000 to December 2001 Year 2000 Year 2001 70 60 60 55 52 50 s

n 38 40 o i 40 36 t 32 35 a l 32 o i

V 30 22 22 2423 f 20 21 23 o

18 r e 20 16 13 17 14 14 b

m 9

u 9 10 N

0 t y y h il y e y s r r r r r r c r a n l u e e e e a a r p u u g b b b b u ru a A M J J u m to m m n b M A e c e e a e t O v c J F ep o e Period Between January 2000 to December 2001S N D