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Mr. David Lieb February :Q 2003 Marley Cooling Tower Company provides a more detailed account of the incident. Permit Violations Attached is a copy of a staff report documenting the recent inspection and site visits performed in response to the spill and resultant fish kill. MCTC has violated specific provisions and limitations in its National Pollutant Discharge Elimination System (NPDES) Order No. 93-221, which resulted in the fish kill in the Stockton Diverting Canal. Marley Cooling Tower Company has also violated specific provisions and limitations, including reporting requirements, in the Standard Provisions And Reporting Requirements For Waste Discharge Requirements (National Pollutant Discharge Elimination System), dated 1 March 1991 (Standard Provisions). Violations were not reported to our office verbally within 24 hours of the spill as required by the permit. MCTC has violated the following items in their permit: MCTC's NPDES Order No. 93-221 states: "8.2. The discharge shall not have a pH less than 6.5 nor greater than 8.5" E. "The discharge shall not cause the following in the receiving water:" • "E. 3. Oils, greases, waxes, or other materials to form visible film or coating on the water surface or on the stream bottom." • "E. 4. The discharge shall not cause concentrations of any materials in the receiving waters that produce detrimental physiological responses in human, plant, animal, or aquatic life." • "E.9. The normal ambient pH to fall below 6.5, exceed 8.5, or change by more than 0.5 units." • "E.10. Deposition of material that causes nuisance or adversely affects beneficial uses." "F. 6. Neither the drainage nor its treatment shall create a nuisance or pollution as defined in Section 13050 of the California Water Code." MCTC has also violated specific provisions and limitations in the Standard as follows: "A. 6. The Discharger shall at all times properly operate and maintain all facilities, and systems of treatment and control including sludge use and disposal facilities (and related appurtenances) that are installed or used to achieve compliance with this Order. Proper operation and maintenance includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems that are installed by the Discharger only when necessary to achieve compliance with this Order." "A. 17. The Discharger shall take all reasonable steps to minimize any adverse effects to waters of the State or users of those waters resulting from any discharge or sludge use or