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PR0524190
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SITE INFORMATION AND CORRESPONDENCE
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Last modified
4/3/2020 2:10:20 PM
Creation date
4/3/2020 1:50:02 PM
Metadata
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Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
SITE INFORMATION AND CORRESPONDENCE
RECORD_ID
PR0524190
PE
2965
FACILITY_ID
FA0016241
FACILITY_NAME
STOCKTON REGIONAL WATER CONTROL FAC
STREET_NUMBER
2500
STREET_NAME
NAVY
STREET_TYPE
DR
City
STOCKTON
Zip
95206
APN
16333003
CURRENT_STATUS
01
SITE_LOCATION
2500 NAVY DR
P_LOCATION
01
P_DISTRICT
001
QC Status
Approved
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EHD - Public
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directed to a few discrete portions of the petition.' The State Board received responses to the <br /> petition from the Regional Board and from Delta Keeper,'which was granted party status in this <br /> proceeding and was a party before the Regional Board.' <br /> On January 22, 2003, the State Board adopted WQO 2002-0018, approving a <br /> stipulation between the Petitioner and the Regional Board for a stay of portions of the Regional <br /> Board's orders pending review. <br /> H. CONTENTIONS AND FINDINGS <br /> Contention: The Petitioner claims that the Regional Board acted arbitrarily and <br /> improperly in rejecting the Petitioner's recommendation for, and offer to fund, an independent <br /> technical expert or committee to review the issue of dilution and mixing-zone allowance. <br /> Finding: The Petitioner's suggestion that it fund outside technical experts to <br /> assist the Regional Board in certain technical matters presents an intriguing opportunity that may <br /> merit consideration in some circumstances. In the instant proceeding,however, the Petitioner <br /> has made no showing that its offer was timely presented to the Regional Board, that the funding <br /> was in place to timely accomplish the task, or that the Regional Board(as opposed to the party <br /> offering to fund the consultants)would have the authority to direct and supervise the scope of <br /> ' To the extent this Order does not address all of the issues raised by Petitioner,the Board finds that the issues that <br /> are not addressed are insubstantial and not appropriate for State Board review. (See People v. Barry(1987) 194 <br /> Ca1.App.3d 158 [239 Cal.Rptr. 349].) <br /> ' In its response,Delta Keeper acknowledges not having filed a petition in this matter,yet nonetheless requests we <br /> address numerous alleged errors of the Regional Board. These matters were not timely raised,and the request is <br /> denied. <br /> ' On October 24,2002,we received Petitioner's"Supplemental Memorandum in Support of Petition for Review" <br /> and a request that it be considered. The Regional Board objects to the submittal. While we retain discretion to <br /> authorize additional pleadings, State Board regulations generally contemplate that petitioners submit all their <br /> arguments and points and authorities with the petition. (See Cal. Code Regs.,tit. 23, §§2050,2050.5.) Petitioner <br /> declined invitations to file supplemental pleadings both on June 24,2002,and in the July 23,2002 notice that the <br /> petition was complete. The July 23 notice required any such pleading to be submitted within 10 days after the record <br /> was filed and limited to discussing those parts of the record the Petitioner had not yet received. The notice also <br /> requested that the parties not submit replies to responses to the petition. (See id.) The Petitioner replied it could not <br /> comply within the time allowed,but would consult the Regional Board and propose an alternative date. The State <br /> Board received no such proposal. Instead,the subject pleading was filed more than three months later—well after <br /> review was underway. Directly contrary to the July 23 notice,the pleading states it"is based on. . . [a]complete <br /> review of the record. . .[and] addresses . . .the[Regional Board's] . . .Response to the petition." Nor does it <br /> identify any documents from the administrative record that Petitioner had not yet received. The request to consider <br /> the submittal is denied. Its attachment and incorporation into Stockton's February 28,2003,comments is stricken <br /> from the record. <br /> 2. <br />
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