California Regional Water Quality Control Board s42

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN FRANCISCO BAY REGION

TENTATIVE ORDER NPDES NO. CA0038351

RESCISSION OF WASTE DISCHARGE REQUIREMENTS FOR:

Community at Harbor Bay Isle Homeowner’s Association Bay Farm Island Alameda, Alameda County

The California Regional Water Quality Control Board, San Francisco Bay Region (hereinafter the Board) finds that:

1. On May 19, 1993, the Board adopted Waste Discharge Requirements, National Pollutant Discharge Elimination System (NPDES) Permit No. CA0038351 in Order No. 93-044 to the Community at Harbor Bay Isle Homeowner’s Association (hereafter the Discharger) for discharge of lagoon water, which contains herbicide, to San Francisco Bay.

2. On July 19, 2001, the State Water Resources Control Board (State Board) adopted a general permit (NPDES Permit No. CAG990003, Order No. 2001-12-DWQ) for discharges of aquatic pesticides to surface waters. The Discharger filed a Notice of Intent with the State Board on December 7, 2001. Currently, the lagoon water discharge is covered under the State General Permit, Order 2001-12-DWQ. Therefore, the individual NPDES Permit No. CA0038351 is no longer necessary.

3. NPDES Permit No. CA0038351 expired on February 17, 1998. However, it remains in effect until it is reissued or rescinded.

4. The rescission of waste discharge requirements is exempt from the provisions of Chapter 3 (commencing with Section 21000 of Division 13) of the Public Resources Code (CEQA) pursuant to Section 13389 of the California Water Code.

5. The Board has notified the Discharger and interested agencies and persons of its intent to rescind waste discharge requirements in Order No. 93-044, and has provided them with an opportunity for a public hearing and an opportunity to submit their written views and recommendations.

6. The Board, in a public meeting, heard and considered all comments pertaining to the rescission of waste discharge requirements for the above discharge. IT IS HEREBY ORDERED that Order No. 93-044 is rescinded.

I, Loretta K. Barsamian, Executive Officer, do hereby certify the foregoing is a full, true and correct copy of an Order adopted by the California Regional Water Quality Control Board, San Francisco Bay Region on March 20, 2002.

Loretta K. Barsamian Executive Officer APPENDIX A Tentative Order APPENDIX C Response to comments APPENDIX B Comments received

STATE OF CALIFORNIA CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN FRANCISCO BAY REGION STAFF SUMMARY REPORT (Jenny Chen) MEETING DATE: March 20, 2002

ITEM 5E

SUBJECT: COMMUNITY AT HARBOR BAY ISLE HOMEOWNER’S ASSOCIATION, Bay Farm Island, Alameda, Alameda County – Rescission of NPDES Permit

CHRONOLOGY: May 19, 1993 – NPDES permit reissued.

DISCUSSION: The attached Tentative Order rescinds the NPDES permit for Harbor Bay Isle Homeowner’s Association.

The subject NPDES Permit permits Harbor Bay Isle to discharge lagoon water with herbicide to San Francisco Bay. The State Board recently issued a statewide general permit that applies to this type of discharge. Harbor Bay Isle had applied for coverage under this general permit. Therefore, an individual permit is no longer necessary and should be rescinded.

We received two comments by email from Harbor Bay Isle and have addressed their concerns.

RECOMMENDATION: Adoption of the Tentative Order.

File Number: 2199.9087

APPENDICES: A. Tentative Order B. Comments received C. Response to comments