HomeMy WebLinkAboutS37 - Opposition to Proposed Amendment of Waste Discharge Requirements (WDRs) for Silverado Constructors - Regional Water Quality Board Item #12 (June 30, 2000)SUPPLEMENTAL ITEM s37
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Deputy City Manager
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RECON1VlENDEDACIION: Authorize City staff to prepare a letter and /or testify to the Regional Board
at an upcoming meeting opposing additional discharge of phosphorous into
Peters Canyon Wash by Silverado Constructors.
SUN vL4RY: Both Upper and Lower Newport Bay are impaired water bodies under the
federal Clean Water Act (§ 303[d]). As such, they are subject to total
maximum daily loads ( "TMI)Ls "), which are daily limits on the amount of a
contaminant that can enter the Bay. Newport Bay has three TMDLs adopted
and underway - for sediment, nutrients (nitrogen and phosphorous) and
fecal coliform. A fourth TMDL - for the pesticides diazinon and chlorpyrifos
- is under development by the California Regional Water Quality Control
Board, Santa Ana Region ( "Regional Board ").
State law ( "Porter- Cologne ") requires Regional Boards to develop basin
plans for each region. A basin plan identifies beneficial uses that must be
protected in each basin (like water - contact sports and shellfish harvesting),
specific water quality objectives to attain; and includes an implementation
plan to meet the objectives and protect the beneficial uses. Regional Boards
use waste discharge requirements ( "WI)Rs ") to allow specific discharges of
contaminants if they are consistent with the basin plan.
One of the entities in the Newport Bay watershed with an established WDR
is the contractor that built the Eastern Transportation Corridor ( "ETC ") -
Silverado Constructors. When Silverado built the ETC, it burrowed a
portion of the West Leg of the ETC under Interstate 5 near Jamboree (see
map). In excavating the ground for the tollway, Silverado had to create a de-
watering system that pumped groundwater out from under the roadways
support structures.
This groundwater has a relatively high concentration of nitrogen, a Bay
impairment (excessive nitrogen causes algae blooms in the Bay). As such,
the Regional Board's WDR for Silverado limits Silverado's ability to place the
water in one of the Bays tributaries, Peters Canyon Wash. Silverado must
either de- nitrify the groundwater OR send it into the sanitary sewer system.
Silverado has built and operated a denitrification facility in Irvine, but it has
chosen instead to send most (if not all) of the groundwater to the sewer
system. One reason that Silverado has avoided using the dentrification
facility is because the denitrification process adds phosphorous to the water,
a second Bay impairment also subject to the TMDL for Nutrients.
Area of De- Watering by Silverado Constructors
Silverado has now approached the Regional Board with an application to
amend its WDR to allow a specific discharge of phosphorous into Peters
Canyon Wash (and eventually into the Bay). Its proposed Amendment
(Amendment of Waste Discharge Requirements for Silverado
Constructors, Eastern Transportation Corridor, Section 14, Denitrfication
Facility, Irvine, Orange County [Order No. 98 -28, NPDES No CA80003901)
is on the Regional Board's Agenda for its June 30, 2000 meeting (to be held in
the Newport Beach City Council Chambers).
City staff listened to the concerns of Defend the Bay about the proposed
Amendment and agrees that the City should raise a formal objection to any
action by Silverado Constructors that increases the amount of phosphorous
discharged into Peters Canyon Wash and Newport Bay. We are concerned
that additional amounts of phosphorous will add to the Bay's phosphorous
impairment, resulting in a possible violation of the TMDL and - more
importantly - potential adverse impacts to the Bay ecosystem.
This Agenda Item seeks the Council's authorization to present a letter
and /or testify to the City's concerns about additional phosphorous in the
Bay at the Regional Board's June 30, 2000 meeting (or at a later date should
the Regional Board's item be postponed).
ATTACHMENT- Regional Board's Agenda for June 30, 2000 (see Consent Calendar Item #12)
California Regional Water Quality Control Board
Santa Ana Region
Winston H. Hickox
Secretary for
Environmental
Protection
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Internet Address: hilp: //w .swrcb.u.gov /rwgcb8
3737 Main Street, Suite 500, Riverside. California 92501 -3339
Phone (909) 782 -4130 - FAX (909) 781 -6288
REGIONAL BOARD MEETING
Friday - June 30, 2000
9:30 A.M.
City Council Chambers of Newport Beach
3300 Newport Blvd.
Newport Beach
1. INTRODUCTIONS
2. PUBLIC FORUM - (Any person may address the Board at the commencement of the
meeting on any matter within the Regional Board's jurisdiction and not related to an item
which is to be considered separately. The Regional Board Chair requests that each
person addressing the Regional Board observe a five - minute time limit.)
3. Approval of minutes of the Regular Meeting of May 19, 2000.
(Barbara J.Laffoon 909/782 -3285}
4. Consideration of Consent Calendar Items. (Items marked with an asterisk are
expected to be routine and noncontroversial. The Regional Board will be asked to
approve these items at one time without discussion. If any interested party, Board
Member or staff requests that an item be removed from the calendar, it will be taken up in
the order shown.)
'5. Renewal of Waste Discharge Requirements for the City of Riverside, Regional
Water Quality Control Plant, Riverside County (NPDES No. CA 0105350) - Discharge
of up to 40 million gallons per day of tertiary treated wastewater to the Santa Ana River.
(Gary Stewart 909/782 -4379} Order No. 00 -15
`6. Renewal of Waste Discharge Requirements for AES Huntington Beach LLC,
Huntington Beach Generation Station, Orange County (NPDES No. CA 0001163) -
Discharge of up to 516 million gallons per day of cooling water to the Pacific Ocean.
(Gary Stewart 909/782 -4379} Order No. 00-05
`7. Renewal of Waste Discharge Requirements for Great Lakes Chemical Corporation,
Groundwater Cleanup, Irvine, Orange County (NPDES No. CA 8000031) - Discharge
of treated groundwater to the Barranca Channel in Irvine.
(Gary Stewart 909/782 -43791 Order No. 00 -25
'8. Renewal of Waste Discharge Requirements for Inland Empire Utilities Agency„
Regional Plant No. 1, San Bernardino County (NPDES No. CA0105279) - Discharge of
up to 51 million gallons per day of tertiary treated wastewater to the Cucamonga Creek
Flood Control Channel and the Santa Ana River.
(Gary Stewart 909/782 -43791 Order No. 00 -13
California Environmental Protection Agency
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Cmy Davis
Governor
June 30, 2000
Regional Board Meeting
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'9. Renewal of Waste Discharge Requirements for Inland Empire Utilities Agency, Regional
Plant No. 2, San Bernardino County (NPDES No. CA 0105287) - Discharge of up to 5 million
gallons per day of tertiary treated wastewater to Chino Creek.
(Gary Stewart 909/782 -43791 Order No. 00 -14
`10. Revised Waste Discharge Requirements for City of Coru.... Brine Waste Disposal Facility,
Riverside County - This order updates and replaces Order No. 89 -59 for the operation of brine
waste disposal ponds.
(Dixie Lass 909/782 -32951 Order No. 00 -43
'11. Revised Waste Discharge Requirements for Inland Empire Utilities Agency, Co-
composting Facility, San Bernardino County - This order updates and replaces Order No.
95 -30 for the operation of a composting facility.
(Dixie Lass 909/782 -32951 Order No. 00 -50
`12. Amendment of Waste Discharge Requirements for Silverado Constructors, Eastern
Transportation Corridor, Section 14, Denitrification Facility, Irvine, Orange County (Order
No. 98 -28, NPDES No. CA8000390) - The Regional Board will consider adoption of an order
amending Order No. 98 -28 to incorporate effluent limitations for phosphorus. Waste
discharges from the facility are to Peters Canyon Wash, a tributary to San Diego Creek and
Newport Bay.
(Gary Stewart 909/782 -4379) Order No. 00 -62
'13. Cease and Desist Order for Inland Empire Utilities Agency, Regional Plant No. 2, San
Bernardino County - The Regional Board will consider adoption of an order requiring the
discharger to relocate the facility to provide flood protection.
(Gary Stewart 909/782 -4379) Cease and Desist Order No. 00 -60
14. Presentation by Representatives of the City of Huntington Beach Outlining
Recommendations for the Direction of the Regional Board's Storm Water Program - City
representatives have requested an opportunity to discuss the Board's Storm Water Program.
(Information item)
15. Administrative Civil Liability Complaint, Compass Homes, Orange County - The Regional
Board will consider whether to affirm, reject, or modify the proposed administrative civil liability
complaint.
(Mark Smythe 909/782 -4998} Administrative Civil Liability Complaint No. 00 -57
16. Clean Water Act Section 319 (Nonpoint Source) and Section 205u) (Water Quality
Planning) Grant Proposal Rankings - Board Staff will present recommendations for priority
rankings of Nonpoint Source and Water Quality Planning Grant Proposals.
(Wanda K. Smith 909/782 -44681
17. Hazardous Waste and Sewage Spill Incident Report - Lists of such incidents will be provided
as an information item to the Regional Board. (Information item)
(Kurt Berchtold 909/782 -32861
18. Executive Officer's Report (information item).
(Gerard J. Thibeault 909/782 -3284)
California Environmental Protection Agency
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June 30, 2000 Page 3
Regional Board Meeting
19. Regional Board Member Communications - Board Members may discuss meetings,
communications, correspondence, or other items of general interest relating to matters within
the Regional Board >sjurisdiction. There will be no voting or formal action taken.
20. CLOSED SESSION: At any time during the regular session, the Regional Board may adjourn
to a closed session to consider litigation, personnel matters, or to deliberate on a decision to be
reached based upon evidence introduced during a hearing. Discussion of litigation is within the
attorney /client privilege and may be held in closed session.
Authority: Government Code Section 11126(a)(d)(q). Items that maybe discussed inclosed
session by the Board include litigation related to:
1. The American Trader Oil Spill,
2. Stringfellow Hazardous Waste Site,
3. City of San Bernardino Water Department,
4. Defeni. the Bay, Inc., and Allan Beek v. Regional Water Quality Control Board
(Silverado Constructors Eastern Transportation Corridor Facility, Section 14 -
Denitrification Facility), and
5. Potential Litigation: Discussion of Executive Officer =s referral to the District Attorney
of Clean Water Act violations for criminal prosecution.
21. ADJOURNMENT to the regular meeting of August 25, 2000, at 9:30 a.m., at the Orange
County Water District, Fountain Valley.
NOTICES
Any person who is disabled and requires special accommodation to participate in this
Regional Board Meeting should contact Barbara Laffoon at 909/782 -3285 no later than
June 23, 2000.
Any person interested in obtaining information and /or providing input regarding pending
applications for Water Quality Standards Certification under Section 401 of the Federal
Clean Water Act may do so by contacting Hope Smythe at (909) 782.4493.
California Environmental Protection Agency
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