SITE INFORMATION AND CORRESPONDENCE CASE 1

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Nolica of Violation and Intent To File Suit August 13, 1999 Pagc 5 3. Failure to Comply with 'rerms of the General Permit The General Permit requires storm water dischargers to comply with its terms, including, imei-glia, the development and implementation of it Storm Water Pollution Prevention Plan ("SWPPP") and the development and implementation of a Monitoring and Reporting Program. CUTTER has not complied with the terms of the General Permit based on its inadequate preparation and/or implementation of a SWPPP and a Monitoring and Reporting Program for the Facility. a. Storni Water Pollution Prevention Plan Section .A(1) and Provision E(2)of the General Permit require dischargers covered by the General Permit and commencing industrial activities hefore October 1, 1992 to develop and implement an adequate SWPPP tlo later than October 1, 1992. This Section also requires dischargers covered by the Gencral Permit that submitted an NOl pursuant to Order No. 91- b1 !i-DWQ (as amended by Order No 1)2-12)to continue to implement their existing, SWPPPs and to implement any necessary revisions to their SWPPP in a timely manner, but in no case later than :'august 1, 1997. The SWI113P mast, among other requirements, ,et forth standards of Rest Available Technology Economically Achievable ("BA I ") and Belt Conventional Pollutant CLJ11tT0I Technology ("BCT"). The SWPPP must also include, anteing other elements (1) it description of potential sources of pollutants to the storm wetter system; (2) a site map showing the storm water conveyance system and areas of actual and potential pollutant contact; (3) a desce Vion of storm water"management practices and preventive maintenance. and (4) a summary of"stortn water sampling point%. The General Permit requires dischargers to eliminate all non-storm water discharges to storm water conveyance systems other than those specifically set forth in Section D (1)(a)of Water Qualitv Order No. 97-03-DWQ and meeting each of the conditions set lbrth in Section D(I)(b) of that Order. Tnformation available to DeltaKecper indicates that CUTTER has not developed and implemented an adequate SWPPP for the Facility, Site inspections by DeltaKeeper investigators have documented the fact that the Facility has implemented no storm water BM1's. In addition, CUTTER has failed to eliminate nein-storm water discharges from the Facility. 'Thus, CUTTFR has been in continuous violation of these requirements every day since October 1, 1992. CL,TTFR will be subject to penalties for violations ol'the Act occurring within the past five(5) years, or on at least 1,827 days. CUTI'ER will continue to be in violation on every day the Facility discharges storm water containing pollutants without developing and implementing an adequate SWPPP. b. 'Monitoring and Regor6111 Pr•ogranl Section B(1) and Provision E(3)of the General Permit require discharjgers covered by the General Permit and commencing industrial activities before October 1, 1992 to develop and implement an adequate written Monitoring and Repotting Program no later than October 1, "+,.r" 90 'd 6.Lbb+Z86+60Z a311r13 Wd Ss: TO 86-bT-nno