STATE WATER RESOURCES CONTROL BOARD BOARD MEETING MINUTES September 19, 2002

Note: Copies of the orders, decisions, and resolutions mentioned in these minutes can be obtained from Maureen Marché, State Water Resources Control Board, Post Office Box 100, Sacramento, California, 95812-0100; or call (916) 341-5600.

CALL TO ORDER The meeting was called to order by Arthur G. Baggett, Jr., Chair, Thursday September 19, 2002, at 9:00 a.m., in the Coastal Hearing Room, 1001 I Street, Sacramento, California.

BOARD MEMBERS PRESENT Arthur G. Baggett, Jr., Peter S. Silva, Richard Katz and Gary Carlton.

BOARD MEMBERS ABSENT None

STAFF PRESENT Celeste Cantú, Harry Schueller, Craig M. Wilson, Maureen Marché, Ling Tseng, Michael Levy, Barbara Katz and Sheila Vassey.

OTHERS PRESENT Michael Lauffer and Jon Bishop Los Angeles Regional Board; Leslie Mintz, Heal the Bay, NRDC and BayKeeper; Dave Burhenn and Adam Ariki, County of Los Angeles, Desi Alvarez, Los Angeles County Municipal Advisory Committee, Alan Lilly and Dan Hutchings, Yuima Municipal Water District and Todd Manly, Northern Water Quality Association.

RECOGNITION PRESENTATION The Board recognized the Elk Grove High School Envirothon Team that will be representing the state in Washington D.C. at the National Student Watershed Summit.

PUBLIC FORUM No one addressed the Board.

BOARD MEMBER REPORT Pete Silva, Vice Chair, reported on the Scripps Institution of Oceanography workshop he attended on behalf of the Board.

MINUTES The Board unanimously approved the minutes of the August 15, 2002.

UNCONTESTED ITEMS Items 1 – 3 were unanimously adopted as recommended by staff.

CLEAN WATER PROGRAMS 1. Consideration of a Resolution Approving Amendments to the Policy for Implementing the State Revolving Fund for Construction of Wastewater Treatment Facilities.

Motion: The Board unanimously adopted the resolution. Resolution 2002-0146 2. Consideration of a Resolution Approving a Clean Beaches Initiative Grant for the City of Malibu for the Malibu Storm Drains Project.

Motion: The Board unanimously adopted the resolution. Resolution 2002-0147

3. Consideration of a Resolution Approving a Clean Beaches Initiative Grant for the City of Pacifica for Pacifica State Beach.

Motion: The Board unanimously adopted the resolution. Resolution 2002-0148

4. Consideration of a Resolution Approving a Request for Funding From the Water Quality Control Fund Cleanup and Abatement Account in the Amount of $425,000 for Continued Treatment of Acid Mine Drainage at Leviathan Mine. This item was removed from the agenda.

EMERGENCY REGULATIONS This item was postponed until October 3, 2002. 5. Consideration of Adoption of Emergency Regulations Revising Fee Schedules for Waste Discharge Requirements.

WATER QUALITY 6. Consideration of a Resolution Approving an Amendment to the Water Quality Control Plan for the Los Angeles Region Incorporating a Dry Weather Total Maximum Daily Load for Bacteria at Santa Monica Bay Beaches.

Ling Tseng, Division of Water Quality, presented the item, noting revisions since the workshop discussion.

Leslie Mintz, Desi Alvarez and Dave Burhenn addressed the board.

The Board directed the following changes (shown in underline) to the resolution: first sentence, Whereas 10: “If a municipal permittee, through diversions, source reduction, or other means, eliminates discharges from the municipal separate storm sewer system (MS4) to the Santa Monica Bay Beaches (waters of the United States) that would otherwise be subject to the requirements of an NPDES permit, that permittee is not responsible under the MS4 permit for exceedances of beach water quality standards at the Santa Monice Bay Beaches.”

Motion: The Board unanimously adopted the resolution as revised. Resolution 2002 - 0149

WATER RIGHTS 7. Consideration of a Proposed Decision Prepared in the Matter of Applications 30038, 30083, 30160, 30165, 30175, 30178, 30260, 30355, and 30374: Determination of the Legal Classification of Groundwater in the Pauma and Pala Basins of the San Luis Rey River.

Barbara Katz, Office of Chief Counsel, presented the item noting that the applicant had not been made aware of the proceedings in a timely fashion. The Board gave direction that no action would be taken today and that this issue would be considered at the October 17, 2002 Board Meeting and that no further comments would be accepted except from the applicant.

Alan Lilly and Dan Hutchings addressed the Board.

ADJOURNMENT The Chairman adjourned the meeting at 10:00 a.m.

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