SITE INFORMATION AND CORRESPONDENCE CASE 1

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AUG-14-98 01 :54 PM CUTTER 209+982+4479 P. 05 r Nulicc of Violation and Intent To Filc Suit Augu.�t 13. 19971 Y;igc 4 associated with industrial activity are required to apply for an individual permit, apply through a group application, or seek coverage under a promulgated storm water general permit such as the State.l1eard's General Permit. 40 C.F.R. §126(c)(1). The State of California's Water Resources Control Board issued Order No. 91-13-DWQ, which was subsequently amended by Order No. 92-12 and Order No_ 97-03 Pursuant to these Orders. General Permit No. C'AS000001, as amended, requires landowners and existing facilities subject to its terms to file a Notice of intent ("NOt") for coverage under the General Permit before March 30, 1912. A review of tete files at the Regional Water Quality Control Board indicates that the Facility has failed to file an NOI for coverage under the General Permit. In addition, inspections by DeltaKeeper indicate that thr. facility fails to comply with the substantive and procedural requirements of the General Permit and the Clean Water Act. 1. Discharges in Violation of the .pct and the General Permit Section 402(p) of the Act prohibits the d1scharp of storm water associated with industrial activities, except as permitted under an NPDES discharge permit. Provision A (2)of the Gcncra] Per-7nit prohibits storm water discharge`and authorized nem-Storm wetter discharges which callse or threatCll to CaUSC pollution, contantirtati0n, or nuisance. Provision C (1) of the General Permit prohibits storm water discharges to surface or groundwater that adversely impact human health or the environment. Provision C' (2) prohibits storm water discharges and authorized non-storm water dischan,cs which cause or contribute to an exceedanec of any water quality standards contained in applicable State plans and the applicable Regional Water Quality Rvard Basin Plan. From at least October 1, 1992 to the date of this letter. CUTTER has dischar-ed storm water associated with industrial activities and/or containing pollutants to the Delta during at least every rain event over 0.1 inches as determined by the Western Regional Climate Center, or on at (cast 193 separate occasions. C'UC'1LR will continue to be in violation of the General Pcrmit each day it discharges contaminated storm water, which causes or threatens to cause: pollution, contamination, nuisance, or which adversely impacts human health or the environment. When additional rainfall data becomes available, DeltaKeeper will use the new data to add those violations to its entinrcernent action. 2. Failure to Obtain Permit Coveraze A review of the tiles at clic Central Valley Regional water Quality Control Board indicates that C'UI"I LR currently leas no NOI on file with the Central Valley Regional Water Quality Control Board to cover storm water discharges occurring at the Facility. Therefore, CUTTER has been in daily and continuous violation of the requirement to obtain permit coverage for the Facility on cacti and every day since March 30, 1992 and will continue to be in violation every day that it fails to submit an NOI for coverage under the General Permit. CUTTER will be subject to penalties for violations of the Act occurring within the past tive(S) years. or on at least 1.827 days.