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A PROJECT OF SAN FRANCISCO BAYKEEPER <br /> August 13, 1998 <br /> VIA (:ERTUJED MAIL <br /> Mr. Tedd Samuels, Designated Agent <br /> Cutter Lumber Products <br /> 10 Rickenbacker Circle <br /> Livermore, CA 94550 <br /> Re: Notice of Violations and Intent to File Suit Under the Federal Water <br /> Pollution Control Act; <br /> Dear Mr Samuels: <br /> I am writing on behalf of DeltaICeeper, l project of the San Francisco BayKeeper, <br /> (hereinafter, "DeltaKeeper")concerning a pallet manufacturing facility located in San Joaquin <br /> County entitled Cutter Lumber Products("CLIT'I'i:R"). t'hiS manufacturing facility is <br /> discharging pollutants into tittle John Creek and eventually into the San Joaquin delta in <br /> violation of the Federal Water Pollution Control Act ("Clean Water Act" or"the Act"). <br /> This letter addresses CUTTFR's unlawful discharges of contaminated storm water from <br /> its facility located at 3422 South Fl i3orado("the Facility") and CLITTER's ongoing and <br /> continuous violations of the substantive and procedural rcquirements of the National Pollutant <br /> Discharge Elimination System ("NPDES") General Permit No CAS000001 [State Water <br /> Resources Control Board j Water Quality Order No. 97-03-DWQ which was issued pursuant to <br /> Section 402 of the Act, 33 U.S.C. §1342 ("General Permit"), and the previously applicable <br /> General Permit set forth in Water Quality Order No. 91-13-DWQ and subsequently amended by <br /> Order No. 92-12 and Order No. 97-03. CUI TLR's violations of the substantive and procedural <br /> requirements of the previously applicable General Permits due to the activities at the Facility, as <br /> well as CUTTER's ongoing and continuous violations of the substantive and procedural <br /> requirements of the current General Permit, are the subject of this notice. <br /> The continuing decline in water quality in the Sacramento-San Joaquin Delta("the <br /> Delta") is a matter of serious public concern. Artttual storm water reports submitted by the City <br /> of Stocl.-ton pursuant to the city's own NT'DES pertnit continue NO confirm findings of high levels <br /> of dissolved oxygen and toxic contaminants in the waters around us. Most of our local urban <br /> waterways, including Maser Slough, 5-Mile Slough, Smith Canal, and the Calaveras River, as <br /> well as many of the adjacent waters of the Delta itself, have been formally proposed as "toxic <br /> hot spots" under California's Bay Protection and 'Toxic CIca n-Up Program. Due tothe presence <br /> of elevated and unsafe levels of polychlorinated biphenyls and dioxin, the California.Department <br /> of Health Services has issued a "no fish" health advisory for Stockton's Deep Water Channel. <br /> Data gathered by C:alPed, a coalition of 15 state and federal agencies analyzing water allocation <br /> issues, has confirmed that the Delta is a heavily polluted water body. The entire Delta, all of its <br /> major tributaries, and a number of Stockton-area urban waterways have all been identified as <br /> impaired water bodies under Section 303(d)of the Federal Water Pollution Control Act. Finally, <br /> 3535 Rainier Avenue Telephone:209 464 5090 <br /> Stockton Printed ort recycled paper' Facs1 ile K464 EEPBA4 <br /> CA 35204 <br /> Z0 'd 6Lbb+7-86+60Z a3iin3 Wd ZS: 10 86-Vi-nnrd <br />