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The Scotts Company - 2 - 17 March.2009 . nuisance." The discharge of compost or manure contaminated water, therefore, is a violation of Prohibition A.2 (see attached inspection report photos Figures 1-67). • Section A of the General Permit describes the requirements for the facility's Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall be developed and shall include a narrative description of storm water BMPs to be implemented at the facility for each potential pollutant source. During the 22 January 2009 inspection, the SWPPP was provided upon request by Regional Board staff, however, the BMPs for one source area of potential pollutants were not being implemented as stated in the SWPPP. The. SWPPP stated that no material was to be stored within 50 feet of the property boundary or within 100 feet of the waterways. It was observed that material from the manure pile was within 100 feet of Potter Creek and also within 50 feet of the property boundary. The evidence of material stored within these setbacks is, therefore, a violation of the General Permit due to lack of BMP implementation in accordance with the facility's SWPPP (see attached inspection report photos Figures 1-67). Regional Board staff observed that the BMPs that were in place were inadequate and in need of replacement. We recommend that you evaluate and appropriately modify your BMPs and housekeeping measures to reduce or prevent pollutants associated with industrial activities in storm water discharges. For example, reductions can be made through source abatement such as covering the compost piles or treatment to meet water quality standards. In addition, we request that you also complete the following: • Prevent any and all future unauthorized non-storm water discharges to Potter Creek or surrounding water bodies. If any unauthorized non-storm water discharges from the facility are observed, document the discharge in the Annual Report and notify the Regional Board immediately. • Ensure that material stored on site is not within 50 feet of the property boundary or within 100 feet of the waterways in accordance.with the SWPPP. A greater distance may be necessary if 100 feet is not sufficient to prevent pollutants from entering the waterways • Make weekly visual observations of Potter Creek along the eastern property boundary for one month, to ensure there are no unauthorized non-storm water discharges. In order to demonstrate compliance with the General Permit, we request that The Scotts Company submit the following to the Regional Board by 17 April 2009: • An updated SWPPP, including a site map(s), for the entire facility showing all of the BMPs installed on-site. • Photographs of revised and new BMPs installed on-site. • Photographs demonstrating that no materials are within the above setbacks. • Report of visual observations as described above. Send the information to: Attn: Nova Clemenza Central Valley Regional Water Quality Control Board 11020 Sun Center Drive, Suite 200 Rancho Cordova, CA 95670