SITE INFORMATION AND CORRESPONDENCE CASE 1

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Noticc of Violation and Intent To File Skit Atigust 13, 1998 Page 6 1992. This Section also requires dischargers covered by the General Permit that submitted an NOT pursuant to Order No. 91-0113-DWQ (as amended by Order No. 92-12) to continue to implement their existing monitoring program and to implement any necessary revisions to their monitoring program in a timely manner, but in no case later than August 1, 1997. Sections B(3) and(4), and Section A(9) require dischargers to conduct site inspections to identify all areas contributing to storm water-discharges, to evaluate the effective ness of the BMPs in reducing pollutant loading, and to evaluate whether pollution control measures set out in the SWI'PP are adequately and properly implemented. Sections C(9) and (10) require dischargers to certify, based on the annual site inspection, that the permitted facility is in compliance with the General Permit and to report any noncompliance with its terms. Sections 13(3) and 13(4) further require discharges to conduct observations to identify sources of non-stone water pollution and to identify all storm water discharge locations that produce a,ignifieant storm water discharge. Section 13 (5)(c)(i) requires dischargers to sample and analyze storm water during the wet season for total suspended solids("TSS"), pal, specific conductance, and total organic carbon ("TOC") or oil and grea,e. Section Fi {5)(c)(ii) requires sampling for toxic chemicals and ether pollutants that are likely to be present in the storm water discharges. Section B (5)(a) requires dischargers to collect samples i'rotn all locations where storm water is discharged. Information currently available to Dcltakceper indicates that CUT 1'ER has not developed or implemented an adequate Monitoring and Repon.ing Program for the Facility. CUTTER has been in continuous violation of the monitoring and reporting requirements every day since October 1. 1902. CUTTER will be subject to penalties for violations of the Act occurring within the past five(5) years, or on at least 1,827 days. CU T TER will continue to be in violation ol'the monitoring and reporting requirements on every clay the Facility discharges unauthorized non- storm water and storm water containing pollutants without developing and implementing a Monitoring and Reporting Program for its facility. In addition to the violations set forth above, this notice covers all violations of the Clean Water Act by CUTTER evidenced by information which becomes available to DeltaKeeper after the date of this NOTICE OF VIOLA ION AND INTENT TO SUE. Pursuant to Section 309(d) of the Act, 3=> U S C. § 1319(d), and tits Adjustment of Civil Monetary Penalties for Inflation, 40 C.I.R. §19.4, each of the 5,674 separate violations of the Act subjects the violator to a penalty of up to $25,000 per day per violation for all violations occurring before January 30, 1097, and to a penalty of tip to $27,500 per day per violation for all violations occurring ager January 30, 1997. in addition to civil penalties, DeltaKeeper will seek injunctive relief preventing further violations of the Act pursuant to Sections 505(a) and (d), 33 U.S.C. 31365(a) and (d), and such other rclicfas is permitted by law. Lastly, Section 505(d) of the Act, 33 U.S.C. tj 13h5(d), permits prevailing parties to recover costs and fees. 14000, r 40 'd 6Lbb+Ze6+60Z 21311x13 Wd 99: L 0 86-b Z-nnu