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California Regional Water Quality Control Board <br /> Central Valley Region <br /> ` Karl E.Longley,ScD,P.E.,Chair <br /> Linda S.Adams <br /> Secreta or 11020 Sun Center Drive#200,Rancho Cordova,California 95 <br /> dPhone(916)464-3291•FAX(916)464-4645 - '_� Schwarzenegger <br /> Environmental http://www.waterboards.ca.gov/centralvalley Governor <br /> Protection WAR <br /> ��''99 tl((}}(� <br /> SYdMiI 20�°� <br /> NOTICE OF VIOLATION <br /> ENVIROMVIEN-i' HEALTH <br /> 17 March 2009 PERK4IT/SERVICES <br /> Mr. David Jacoby CERTIFIED MAIL <br /> The Scotts Company/ Hyponex Corp. 7008 1140 0002 8805 4769 <br /> 14111 Scottslawn Road <br /> Marysville, OH 43041 <br /> INDUSTRIAL STORM WATER GENERAL PERMIT NO. CAS000001, ORDER NO. 97-03- <br /> DWQ, THE SCOTTS COMPANY, WDID NO. 5539/010884, SAN JOAQUIN COUNTY <br /> On 22 January 2009, Regional staff inspected The Scotts Company- Linden facility at <br /> 23390 E. Flood Road in San Joaquin County to evaluate compliance with the National <br /> Pollution Discharge Elimination System (NPDES) General Permit No. CAS000001, Order No. <br /> 97-03-DWQ, for Discharges of Storm Water Associated with Industrial Activities (General <br /> Permit). As the operator of the facility, you are responsible for complying with all of the <br /> conditions of the General Permit. <br /> The 22 January.2009 site inspection was a follow up to a 28 October 2008 inspection <br /> performed by Regional Board staff. During the 28 October 2008 inspection, Regional Board <br /> staff observed that the facility's Best Management Practices (BMPs) were not adequate to <br /> reduce or prevent pollutants associated with industrial activities in storm water discharges. <br /> Regional Board staff issued a letter dated 1 December 2008 recommending that Scotts <br /> evaluate their current BMPs to work towards compliance with the General Permit. <br /> During the 22 January 2009 inspection, Regional Board staff observed again that the facility's <br /> BMPs were not.adequate, nor updated as recommended by the 1 December letter, to reduce <br /> or prevent pollutants associated with industrial activities in storm water discharges. The <br /> observed discharges from the site had contact with either the manure pile or the compost <br /> rows. These discharges had a dark discoloration and did not appear to be free of pollutants, <br /> indicating that a leachate was generated from the material stockpiles, commingled with the <br /> storm water runoff, and then discharged into Potter Creek. These discharges are considered <br /> unauthorized non-storm water and are in violation of the General Permit as described below. <br /> Discharge Prohibition A.1 states, "Except as allowed in Special.Conditions (D.1) of this <br /> General Permit, materials other than storm water (non-storm water discharges) that <br /> discharge either directly or indirectly to waters of the United States are prohibited. <br /> Prohibited non-storm water discharges must either be eliminated or permitted by a <br /> separate NPDES permit." The discharge of non-storm water from the facility, therefore, <br /> is a violation of Prohibition A.1 (see attached inspection report photos Figures 1-67). <br /> • Discharge Prohibition A.2 states, "Storm water discharges and authorized non-storm <br /> water discharges shall not cause or threaten to cause pollution, contamination or <br /> California Environmental Protection Agency <br /> pRecycled Paper <br />