SITE INFORMATION AND CORRESPONDENCE CASE 1

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AUG-14-98 01 :53 PM GUTTER 209+982+4479 P. 04 Notice of Violation and Intent To File Suit August 13, 1998 Nkc 3 facilities for their compliance with industrial storm water regulations, and, where necessary, issue notices such as this one DeltaKeeper's goal in this campaign is to bring about substantial compliance with federal storm water regulations at all local industrial facilities within the next year CUTTER is hereby on formal notice from DcltaKccper that, after the expiration of sixty (60)days from the date of this NOTICE; OF VIOLATION AND INTENT TO SUE, DeltaKeeper intends to file suit in Federal Court against CUI"fLR and against Mr Tony Palma, both personally and as CEO of CUTTER, under Section 505(x)of the Act, 33 U.S.C. §1365(a) for at least 5,674 violations of the Act. These violations are described more sully below. A. BACWGROl1ND The Facility consists of an approximately 74,000 square trot lot that is used to engage in the manufacturing of pallets and related activities. Information currently available to DeltaKeeper, including photographs taken on site visits, indicates that piles of treated lumber, materials associated with vehicular maintenance, cleaning and fueling, a variety of products and waste materials contained in open anti deteriorated storage tanks, drums and other containers, and products and waste materials tion ongoing and past industrial activities are stored outside throughout the facility without covering or containment and exposed to storm water flows. During site visits, visible sheens cif contaminants and chemical residues were noted in storm water puddles at the Facility. in addition, a number of chemical and/or petroleum spills were noted as having stained large areas at the Facility. DeltaKeeper has observed and documented the fact that many of the activities and storage practices at the Facility are undertaken outside in areas that are not protected from storm water or storm water nm-oto and which fail to provide any containment devices to control the flow of pollutants from those areas into storm waters and ultimately to Little John Creek and the Delta. The Facility itselflacks berming and secondary containment sufficient to control storm water discharges leaving the property. In surn, the Facility's storm water controls and treatment systerns are entirely inadequate to prevent unlawfid storm water discharges. industrial activities at the Facility subject it to the requirement, under the applicable federal regulations and the General Permit that the Facility obtain NPDES permit coverage The Facility must obtain permit coverage under Standard industrial Classitication ("SIC") code 2448. B. VIOLATIONS OF THE ACT AND GENERAL PERMTT NO. CASOOOOOi The Clean Water Act and its implementing regulations require any person who discharges or proposes to discharge pollutants, and any owner of property where activities permitted on the property might be expected to result in a discharge of pollutants, including storm water discharges associated with industrial activity, into the waters of the United States to submit an NPDL•S permit application. 40 C.F.R. §122,21(a) ["Duty to Apply'], and §122 26(a)(6) ["Permit Requirement"J; 33 U.S.C. §1342(p)(2)(b). Dischargers of storm water