Humboldt Baykeeper v. California Redwood Company

Filing 36

CONSENT DECREE-JUDGMENT. Signed by Judge Haywood S. Gilliam, Jr. on 9/6/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(ndrS, COURT STAFF) (Filed on 9/6/2017)

EXHIBIT A

September 27, 2016
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
California Redwood Company
Agent for Service of Process CT
Corporation System
818 W 7th Street, STE 930
Los Angeles, CA 90017

California Redwood Company
Current President or CEO
1301 Fifth Avenue, STE 2700
Seattle, WA 98101

California Redwood Company
Otto van Emmerik Operations Manager
P.O. Box 1089
Arcata, CA 95518-1089

California Redwood Company
Rob Legg Supervisor
P.O. Box 1089
Arcata, CA 95518-1089

RE:

NOTICE OF VIOLATIONS AND INTENT TO FILE SUIT UNDER THE FEDERAL
WATER POLLUTION CONTROL ACT
(33 U.S.C. §§
1251 et seq.)

This firm represents Humboldt Baykeeper, a California non-profit association, in
facilities under your control in or near the unincorporated community of Samoa,
California: (1) CRC Samoa Chip Facility, based upon information available to Humboldt
Baykeeper, owned and operated by California Redwood Company with waste discharge
identification number 1 12I023751; and (2) CRC Samoa Facility based upon information
available to Humboldt Baykeeper, owned and operated by California Redwood
Company, with waste discharge identification number 1 12I020584 (collectively, the
and/or operators of the CRC Facilitie
operators, managers and persons legally responsible for the Facilities, shall hereinafter
profit association dedicated to safeguarding coastal resources for the health, enjoyment,
and economic strength of the Humboldt Bay community, including the waters into which
the Facilities discharge polluted storm water.
The Owners/Operators of the CRC Facilities are in ongoing violation of the
substantive and procedural requirements of the CWA, 33 U.S.C. § 1251 et seq.;

CWA Notice of Intent to Sue
California Redwood Co.
September 27, 2016
Page 2 of 14

General
Water Quality Order No. 97-03No. 2015-0057General

General
1

The 1997 General Permit was in effect between 1997 and June 30, 2015, and
the 2015 General Permit went into effect on July 1, 2015. As will be explained below,
the 2015 General Permit includes many of the same fundamental requirements, and
implements many of the same statutory requirements, as the 1997 General Permit.
Violations of the General Permit constitute ongoing violations for purposes of CWA
enforcement. 2015 General Permit, Finding A.6.
Pursuant to Section 309(d) of the Act (33 U.S.C. § 1319(d)) and the Adjustment
of Civil Monetary Penalties for Inflation (40 C.F.R. § 19.4) each separate violation of the
Act subjects the Owner/Operators of the Facilities to penalties of up to $37,500 per day,
per violation for all violations occurring during the period commencing five years prior to
the date of this Notice of Violation and Intent to File Suit. In addition to civil penalties,
Humboldt Baykeeper will seek injunctive relief preventing further violations of the Act
pursuant to Sections 505(a) and (d) of the Act (33 U.S.C. §§ 1365(a), (d)) and such
other relief as permitted by law. Lastly, Section 505(d) of the Act (33 U.S.C. § 1365(d))

The CWA requires that sixty (60) days prior to the initiation of a citizenenforcement action under Section 505(a) of the Act (33 U.S.C. § 1365(a)), a citizen
enforcer must give notice of its intent to file suit. Notice must be given to the alleged
violator, the U.S. Environmental Protection Agency, and the Chief Administrative Officer
of the water pollution control agency for the State in which the violations occur. See 40
C.F.R. 135.2.
As required by the Act, this letter provides statutory notice of the violations that
have occurred, and continue to occur, at the Facilities. 40 C.F.R. § 135.3(a). At the
expiration of sixty (60) days from the date of this letter, Humboldt Baykeeper intends to
file suit under Section 505(a) of the Act (33 U.S.C. § 1365(a)) in federal court against
California Redwood Co. for violations of the Act and the General Permit.
I.

Background
A.

The Clean Water Act

1 The Owner/Operators submitted an NOI for each of the CRC Facilities to comply with the General
Permit on or about May 15, 2015.

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CWA Notice of Intent to Sue
California Redwood Co.
September 27, 2016
Page 3 of 14

The Act prohibits the discharge of pollutants into United States waters except as
authorized by the statute. 33 U.S.C. § 1311; San Francisco Baykeeper, Inc. v. Tosco
Corp., 309 F.3d 1153, 1156 (9th Cir. 2002). The Act is administered largely through the
NPDES permit program. 33 U.S.C. § 1342. In 1987, the Act was amended to establish a
framework for regulating storm water discharges through the NPDES system. Water
Quality Act of 1987, Pub. L. 100-4, § 405, 101 Stat. 7, 69 (1987) (codified at 33 U.S.C. §
1342(p)); see also Envtl. Def. Ctr., Inc. v. EPA, 344 F.3d 832, 840-41 (9th Cir. 2003)
(describing t
permitting scheme). The discharge of pollutants without an NPDES permit, or in
violation of a NPDES permit, is illegal. Ecological Rights Found. v. Pac. Lumber Co.,
230 F.3d 1141, 1145 (9th Cir. 2000).
Much of the responsibility for administering the NPDES permitting system has
been delegated to the states. See 33 U.S.C. § 1342(b); see also Cal. Water Code §
).
The CWA authorizes states with approved NPDES permit programs to regulate
industrial storm water discharges through individual permits issued to dischargers, as
well as through the issuance of a single, statewide general permit applicable to all
industrial storm water dischargers. 33 U.S.C. § 1342(b). Pursuant to Section 402 of the
and general NPDES permits in California. 33 U.S.C. § 1342.
B.

mit for Storm Water Discharges Associated
with Industrial Activities

Between 1997 and June 30, 2015, the General Permit in effect was Order No.
97-03July 1, 2015, pursuant to Order No. 2015-0057-DWQ the General Permit was reissued,
including many of the same fundamental terms as the prior permit. For purposes of this
rescinded in whole the 1997 General Permit, except
and for purposes of CWA enforcement. 2015 General Permit, Finding A.6.
Facilities discharging, or having the potential to discharge, storm water
associated with industrial activities that have not obtained an individual NPDES permit
must apply for coverage under the General Permit by filing a Notice of Intent to Comply
neral Permit, Standard Condition
XXI.A. Facilities must file their NOIs before the initiation of industrial operations. Id.
Facilities must strictly comply with all of the terms and conditions of the General
Permit. A violation of the General Permit is a violation of the CWA.

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CWA Notice of Intent to Sue
California Redwood Co.
September 27, 2016
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The General Permit contains three primary and interrelated categories of
requirements: (1) discharge prohibitions, receiving water limitations and effluent
; and (3)
self-monitoring and reporting requirements.
C.

The CRC Samoa Chip Facility

The CRC Samoa Chip Facility is an approximately 16-acre site that is used as a
storage and shipping facility for wood chips that are transported overseas, located at
405 Bay Street, Fairhaven, CA 95564 (upon information and belief, within Humboldt
County Assessor's Parcel Numbers 401-122-006 and -008). A portion of the site
includes the Humboldt Bay shoreline. The CRC Samoa Chip Facility consists of at least
the following operational areas:
Facility entrances, office, scale, lab, transformer, and parking areas;
Wood chip unloading ramps, and chip stockpile areas;
Wood chip reclaim area and transfer conveyor to the onsite dock;
Wood chip transfer from conveyor to blower and through boom into ship;
The northern truck dump and chip yard;
The southern truck dump and chip yard;
Septic tanks and leachfield systems for the restrooms;
Laboratory used to determine mass and quality of the delivered wood chips;
Equipment maintenance and cleaning areas; and
Aboveground storage tank (AST), fueling facility, and washdown area.
Upon information and belief, the CRC Samoa Chip Facility obtains wood chips
from lumber mills and large chipping operations located in Northern California. Chips
are transported to the CRC Samoa Chip Facility by trucks, and are then dumped and
stored in large stockpiles until front-end loaders transfer the chips to a conveyor out to
the loading dock, located over Humboldt Bay, where a blower moves the chips onto
cargo ship via tower and boom. The main entrance to the facility is from the west and
provides access from Bay Street. Trucks, trailers, heavy equipment, employees, and
vendors use this main entrance. Operational activities conducted at this facility are
sources of a variety of stormwater pollutants, and include, but are not limited to, fueling
activities, machinery operations, heavy equipment operations, equipment and
machinery maintenance and cleaning, and wood chip transfer and stockpiling activities.
Septic tanks and leachfield systems onsite can also lead to stormwater pollution. The
CRC Samoa Chip Facility operates 5 days a week, from at least 6:00 a.m. to 6:00 p.m.
The industrial activities of the CRC Samoa Chip Facility fall under Standard
Indus
Sawmills and Planing Mills, General,
described in the CRC Samoa Chip Facility SWPPP as storing wood chips produced at a
mill or off site.
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CWA Notice of Intent to Sue
California Redwood Co.
September 27, 2016
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The CRC Samoa Chip Facility collects and discharges storm water associated
with industrial activities pursuant to the General Permit through, at a minimum, the
following discharge locations identified in the CRC Samoa Chip Facility SWPPP:
Drainage Areas 1, 2, 3, 4, 5 and 6. Sampling locations are situated in Drainage Areas 3
and 4, at SW-1N and SW-1S respectively. These discharges enter Humboldt Bay.
Humboldt Bay is a water of the United States within the meaning of the CWA.
The General Permit requires the CRC Samoa Chip Facility to analyze storm
water samples for Total Suspended
1997 General Permit, Section B.5.c.i; 2015 General Permit, Section XI.B.6. Facilities
under SIC Code 2421 must also analyze storm water samples for chemical oxygen
Permit, Tables 1-2; 2015 General
Permit Tables 1-2.
D.

The CRC Samoa Facility

The CRC Samoa Facility is an approximately 57.5-acre, primarily used to store
logs, with wood chippers occasionally used onsite, located at #1 Jimmy Smith Drive
south of the community of Samoa in Humboldt County, CA 95564 (upon information and
belief, located within Humboldt County Assessor's parcel numbers 401-112-013, and
401-031-054 and -061). A portion of the site includes the Humboldt Bay shoreline. The
CRC Samoa Facility consists of the following operational areas:
Facility entrance, access road, and parking areas;
Former office and break room;
Log deck
Log storage and chipping yard;
Dry Kilns and boiler (not operational);
Septic tank and leachfield
Fire pump and diesel tank area.
The CRC Samoa Facility is a former sawmill facility, previously in operation for
approximately 100 years. Jimmy Smith Drive is the main entrance road into the CRC
Samoa Facility which connected to an access road with several entrances into the log
storage areas. Log trucks, service trucks and vehicles, and employee vehicles use this
access road and truck and vehicle parking is near the chipping operations area. Logs
are trucked in and off-loaded using a log loader, and then stored until needed. When
needed, the logs are either loaded on log trucks or chipped and transported offsite. The
fire water tank, 270-gallon diesel tank, and fire pump have remained operational, and
are in use. CRC is the operator of the water tank and pump, with water supplied to the
aboveground steel tank by Humboldt Bay Municipal Water District. Operational activities
conducted at this facility are sources of a variety of stormwater pollutants, and include,
but are not limited to, fueling activities, machinery operations, log chipping, heavy
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CWA Notice of Intent to Sue
California Redwood Co.
September 27, 2016
Page 6 of 14

equipment operations, equipment and machinery maintenance and cleaning, log and
wood chip transfer, and stockpiling activities. The CRC Samoa Facility operates 5 days
a week, from at least 6:00 a.m. to 6:00 p.m.
The industrial activities of, or at, the CRC Samoa Facility fall under Standard
Logging, described in the CRC Samoa
Facility SWPPP as portable chipping operations and log storage.
The CRC Samoa Facility collects and discharges storm water associated with
industrial activities pursuant to the General Permit through at least the following
discharge locations identified in the CRC Samoa Facility SWPPP: Drainage Areas 1
and 2. Upon information and belief, the only sampling location, SW-1, is situated in
Drainage Area 2. These discharges enter Humboldt Bay. Humboldt Bay is a water of
the United States within the meaning of the CWA.
The General Permit requires the SF to analyze storm water samples for TSS, pH,
and Oil and Grease. 1997 General Permit, Section B.5.c.i; 2015 General Permit,
Section XI.B.6. The CRC Samoa Facility has also sampled Iron
ceived an
Fe exceedance letter from the Regional Board in 2014.
II.

The CRC

Violations of the Act and General Permit

Based on its review of available public documents, Humboldt Baykeeper is
informed and believes that CRC is in ongoing violation of both the substantive and
procedural requirements of the CWA, and the Individual and General Permits. These
violations are ongoing and continuous. Consistent with the five-year statute of
limitations applicable to citizen enforcement actions brought pursuant to the CWA, CRC
is subject to penalties for violations of the Act since September 27, 2011.
Contaminated storm water and non-storm water discharges can and must be
controlled for the Humboldt County and North Coastal Basin ecosystem to regain and
maintain its health. Information available to Humboldt Baykeeper indicates that certain
industrial operations at the CRC Facilities are conducted outdoors without adequate
cover or containment to prevent non-storm water and storm water exposure to pollutant
sources or direct discharge of pollutants via air deposition into surface waters.
A.

The CRC Facilities Discharge Storm Water Containing Pollutants in
Water Limitations, and Effluent Limitations.

to comply with the Gener
and effluent limitations. Self-monitoring reports under the General Permit are deemed

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California Redwood Co.
September 27, 2016
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Sierra Club v. Union Oil,
813 F.2d 1480, 1493 (9th Cir. 1988).
B.

The CRC Facilities Discharge Non-Storm Water Containing
Prohibitions, Receiving Water Limitations, and Effluent Limitations.

Information available to Humboldt Baykeeper suggests that the CRC Facilities
discharge quantities of unauthorized non-storm water, including but not limited to, water
used to wash wood and logs, trucks and other vehicles, in violation of the General
ions and effluent limitations.
C.

The CRC Facilities Aerial Deposition Containing Pollutants Enters
Surface Waters Without NPDES Coverage.

Pollution entering surface waters via air deposition is also recognized as a
significant cause of degradation of water quality. Such discharges of pollutants from
industrial facilities contribute to the impairment of downstream waters and aquatic
dependent wildlife. Information available to Humboldt Baykeeper indicates that outdoor
industrial operations at the CRC Facilities create dust and particulate matter from, as
examples only, wood chipping, wood chip transfer, and high-volume truck and other
vehicle traffic. These activities lack containment or secondary containment, and have
been ongoing since at least 2011. This dust and particulate matter migrates to surface
waters of Humboldt County.
D.

Applicable Water Quality Standards

The General Permit requires that storm water discharges and authorized nonstorm water discharges shall not cause or threaten to cause pollution, contamination, or
nuisance. 1997 General Permit, Discharge Prohibition A.2; 2015 General Permit,
Discharge Prohibition III.C. The General Permit also prohibits discharges that violate
any discharge prohibition contained in the applicable Regiona
Plan or statewide water quality control plans and policies. 1997 General Permit,
Receiving Water Limitation C.2; 2015 General Permit, Discharge Prohibition III.D.
Furthermore, storm water discharges and authorized non-storm water discharges shall
not adversely impact human health or the environment, and shall not cause or
contribute to a violation of any water quality standards in any affected receiving water.
1997 General Permit, Receiving Water Limitations C.1, C.2; 2015 General Permit,
Receiving Water Limitations VI.A, VI.B.
Dischargers are also required to prepare and submit documentation to the
Regional Board upon determination that storm water discharges are in violation of the
General Permit, Special Condition XX.B. The documentation must describe changes the
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CWA Notice of Intent to Sue
California Redwood Co.
September 27, 2016
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order to prevent or reduce any pollutant in its storm water discharges that is causing or
contributing to an exceedance of water quality standards. Id.

the Permit, violation of which is a violation of Permit conditions. Cal. Sportfishing Prot.
Alliance v. Chico Scrap Metal, Inc., 2015 U.S. Dist. LEXIS 108314, *21 (E.D. Cal. 2015)
CTR establishes numeric receiving water limits for toxic pollutants in California surface
waters. 40 C.F.R. § 131.38. The CTR establishes a numeric limit for at least one of the
pollutants discharged by the CRC Facilities: Zinc 0.12 mg/L (maximum concentration).
The Water Quality Control Plan for the North Coast Region (May 2011)
stormwater discharges. The Basin Plan identifies present and potential beneficial uses
for Humboldt Bay, including municipal and domestic supply, industrial service supply,
navigation, commercial and sport fishing, preservation of rare and endangered species,
wildlife habitat, spawning reproduction and/or early development, marine habitat
shellfish harvesting, and contact and non-contact water recreation.
E.

Applicable Effluent Limitations

Dischargers are required to reduce or prevent pollutants in their storm water
discharges through implementation of best available technology economically
pollutant control technology (
Effluent Limitation B.3; 2015 General Permit, Effluent Limitation V.A. Conventional
pollutants include Total Suspended Solids, Oil & Grease, pH, Biochemical Oxygen
Demand and Fecal Coliform. 40 C.F.R. § 401.16. All other pollutants are either toxic or
nonconventional. 40 C.F.R. §§ 401.15-16.

industrial storm water has implemented the requisite BAT and BCT. Santa Monica
Baykeeper v. Kramer Metals, 619 F.Supp.2d 914, 920, 923 (C.D. Cal 2009); 1997
General Permit, Effluent Limitations B.5-6; 2015 General Permit, Exceedance
Response Action XII.A.
The following EPA benchmarks have been established for pollutants discharged
by CRC: Total Suspended Solids 100 mg/L; Chemical Oxygen Demand 120 mg/L;
Zinc 0.117 mg/L; Iron 1 mg/L, and pH 6.0-9.0 SU. However, the Basin Plan
stipulates that pH shall not be depressed below 6.5 nor raised above 8.5, and changes
in normal ambient pH levels shall not exceed 0.2 units in waters with a designated

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California Redwood Co.
September 27, 2016
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marine (MAR) beneficial use, nor 0.5 units within the range specified above in fresh
waters designated COLD.
The CR

F.

The following discharges of pollutants from the CRC Facilities have violated the
discharge prohibitions, receiving water limitations, and effluent limitations of the permit.
Exceedance letters from the Regional Board to the CRC Facilities dated October 17,
2014 suggest that further testing results will be made available to Humboldt Baykeeper,
and additional exceedances will be identified.
i.

Discharge of Storm Water Containing pH Levels in
Excess of the Applicable EPA Benchmark Value

Date

Facility

9/30/2013

Samoa Chip
Samoa
Samoa Chip
Samoa Chip
Samoa

12/3/2015
12/3/2015
12/3/2015
1/29/2016
1/29/2016
1/29/2016

Samoa Chip
Samoa Chip

ii.

Discharge
Point
SW-1S
SW-1
SW-1N
SW-1S
SW-1
SW-1N
SW-1S

1/29/2016
1/29/2016

Basin Plan
EPA
Limits
Benchmark

pH

6.0-9.0
6.0-9.0
6.0-9.0
6.0-9.0
6.0-9.0
6.0-9.0
6.0-9.0

pH
pH
pH
pH
pH
pH

Result
(s.u.)
5.67

6.5-8.5
6.5-8.5
6.5-8.5
6.5-8.5
6.5-8.5
6.5-8.5
6.5-8.5

4.0
3.0
5.0
3.0
4.5
5.0

Discharges of Storm Water With Chemical Oxygen
Demand (COD) at Concentrations at or in Excess of
Applicable EPA Benchmark Values

Date Facility

12/3/2015
12/3/2015

Parameter

Samoa
Samoa
Chip
Samoa
Chip
Samoa

Discharge Parameter
Point
SW-1
SW-1S

COD
COD

EPA
Benchmark
(mg/L)
120
120

SW-1S

COD

120

120

SW-1

COD

120

190

9

Result
(mg/L)
1100
120

CWA Notice of Intent to Sue
California Redwood Co.
September 27, 2016
Page 10 of 14

iii.

Discharges of Storm Water With Total Suspended Solids
(TSS) at Concentrations in Excess of Applicable EPA
Benchmark Values

Date

Facility

12/3/2015

Samoa
iv.

Discharge
Point
SW-1

Parameter
TSS

Result
(mg/L)
220

Discharges of Storm Water With Iron (Fe) at
Concentrations in Excess of Applicable EPA Benchmark
Values

Date

Facility

Discharge
Point

Parameter

2/2/2014

Samoa

2/8/2014

Samoa

Storm Channel
Location D2
Storm Channel
Location D2

v.

EPA Benchmark
(mg/L)
100

Result
(mg/L)

Fe

EPA
Benchmark
(mg/L)
1.0

Fe

1.0

1.9

2.8

The CRC
Sample Results Are Evidence of
Violations of the General Permit

discharge prohibitions, receiving water limitations, and effluent limitations set forth
above. Humboldt Baykeeper is informed and believes that CRC has known that its
storm water contains pollutants at levels exceeding General Permit standards since at
least September 27, 2011.
Humboldt Baykeeper alleges that such violations occur each time storm water
discharges from the Facilities. Attachment A hereto, sets forth the specific rain dates on
which Humboldt Baykeeper alleges that CRC has discharged storm water containing
impermissible levels of TSS, Fe, COD, and pH in violation of the General Permit. 1997
General Permit, Discharge Prohibition A.2, Receiving Water Limitations C.1 and C.2;
2015 General Permit, Discharge Prohibitions III.C and III.D, Receiving Water Limitations
VI.A, VI.B.

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California Redwood Co.
September 27, 2016
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G.

The Owners/Operators of the CRC Facilities Have Failed to
Implement BAT and BCT

Dischargers must implement BMPs that fulfill the BAT/BCT requirements of the
CWA and the General Permit to reduce or prevent discharges of pollutants in their
storm water discharges. 1997 General Permit, Effluent Limitation B.3; 2015 General
Permit, Effluent Limitation V.A. To meet the BAT/BCT standard, dischargers must
SWPPP Requirements provisions where necessary to reduce or prevent pollutants in
discharges. See 1997 General Permit, Sections A.8.a-b; 2015 General Permit, Sections
X.H.1-2.
CRC has failed to implement the minimum BMPs at the CRC Facilities required
by the General Permit, including: good housekeeping requirements; preventive
maintenance requirements; spill and leak prevention and response requirements;
material handling and waste management requirements; erosion and sediment controls;
employee training and quality assurance; and record keeping. 1997 General Permit,
Sections A.8.a(i x); 2015 General Permit, Sections X.H.1(a g).
CRC has further failed to implement advanced BMPs at the CRC Facilities
necessary to reduce or prevent discharges of pollutants in its storm water sufficient to
meet the BAT/BCT standards, including: exposure minimization BMPs; containment and
discharge reduction BMPs; treatment control BMPs; or other advanced BMPs
Section A.8.b; 2015 General Permit, Sections X.H.2.
Each day the Owners/Operators have failed to develop and implement BAT and
BCT at the Facilities in violation of the General Permit is a separate and distinct
violation of Section 301(a) of the CWA (33 U.S.C. § 1311(a)). The violations described
above were at all times in violation of Section A of the 1997 General Permit, and
Section X of the 2015 General Permit. Accordingly, the Owners/Operators have been in
violation of the BAT and BCT requirements at the Facilities every day since at least
September 27, 2011.
H.

The Owners/Operators of the Facilities Have Failed to Develop and
Implement an Adequate Storm Water Pollution Plan

The General Permit requires dischargers to develop and implement a sitespecific SWPPP. 1997 General Permit, Section A.1; 2015 General Permit, Section X.A.
The SWPPP must include, among other elements: (1) the facility name and contact
information; (2) a site map; (3) a list of industrial materials; (4) a description of potential
pollution sources; (5) an assessment of potential pollutant sources; (6) minimum BMPs;
(7) advanced BMPs, if applicable; (8) a monitoring implementation plan; (9) annual

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California Redwood Co.
September 27, 2016
Page 12 of 14

comprehensive facility compliance evaluation; and (10) the date that the SWPPP was
initially prepared and the date of each SWPPP amendment, if applicable. See id.
Dischargers must revise their SWPPP whenever necessary and certify and

significant revisions(s); and, certify and submit via SMARTS for any non-significant
revisions not more than once every three (3) months in the reporting year. 2015 General
Permit, Section X.B; see also 1997 General permit, Section A.
operating the
CRC Facilities with inadequately developed or implemented SWPPPs in violation of
General Permit requirements. CRC has failed to evaluate the effectiveness of its BMPs
numerous effluent limitation violations. Further, the Owners/Operators of the CRC
Facilities are not sampling at each discharge location identified in the SWPPP, or
testing for all required parameters considering the industrial activity and the site.
Each day the Owners/Operators failed to develop and implement an adequate
SWPPP is a violation of the General Permit. The SWPPP violations described above
were at all times in violation of Section A of the 1997 General Permit, and Section X of
the 2015 General Permit. The Owners/Operators have been in violation of these
requirements at the Facilities every day since at least September 27, 2011.
III.

Persons Responsible for the Violations

Humboldt Baykeeper puts CRC on notice that it is the entity responsible for the
violations described above. If additional persons are subsequently identified as also
being responsible for the violations set forth above, Humboldt Baykeeper puts CRC on
formal notice that it intends to include those persons in this action.
IV.

Name and Address of Noticing Party
The name, address, and telephone number of the noticing party is as follows:
Jennifer Kalt, Director
Humboldt Baykeeper
1385 Eighth Street, Suite 228
Arcata, CA 95521
[phone]
www.humboldtbaykeeper.org

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California Redwood Co.
September 27, 2016
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V.

Counsel

Humboldt Baykeeper has retained legal counsel to represent it in this matter.
Please direct all communications to:
Jason R. Flanders
Anthony M. Barnes
AQUA TERRA AERIS LAW GROUP
828 San Pablo Ave
Albany, CA 94706
[phone]
[e-mail]
VI.

Conclusion

Humboldt Baykeeper believes this Notice of Violations and Intent to File Suit
sufficiently states grounds for filing suit. We intend to file a citizen suit under Section
505(a) of the CWA against California Redwood Co and its agents for the abovereferenced violations upon the expiration of the 60-day notice period. If you wish to
pursue remedies in the absence of litigation, we suggest that you initiate those
discussions within the next twenty (20) days so that they may be completed before the
end of the 60-day notice period. We do not intend to delay the filing of a complaint in
federal court if discussions are continuing when that period ends.
Sincerely,

______________________
Jason R. Flanders
Anthony M. Barnes
ATA Law Group
Counsel for Humboldt Baykeeper

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California Redwood Co.
September 27, 2016
Page 14 of 14

SERVICE LIST
VIA CERTIFIED MAIL
Gina McCarthy, Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Washington, D.C. 20460

Alexis Straus, Acting Regional
Administrator
U.S. Environmental Protection Agency
Region IX
75 Hawthorne Street
San Francisco, CA 94105

Thomas Howard, Executive Director
State Water Resources Control Board
P.O. Box 100
Sacramento, CA 95812

Matthias St John, Executive Officer
North Coast Regional Water Quality
Control Board
5500 Skyline Blvd, Ste A
Santa Rosa, CA 95403

14

EXHIBIT A
Rain Data from EUREKA WEATHER FORECAST OFFICE, WOODLEY ISLAND, CA US
GHCND: USW00024213
9-25-2011 - 9-25-2016
Days with Precipitation over .1
Date

Precipitation
(Inches)
9.25.11
10.2.11
10.3.11
10.4.11
10.5.11
10.6.11
10.9.11
10.10.11
11.3.11
11.5.11
11.6.11
11.17.11
11.18.11
11.22.11
11.23.11
12.14.11
12.15.11
12.25.11
12.28.11
12.29.11
12.30.11
1.15.12
1.18.12
1.19.12
1.20.12
1.21.12
1.22.12
1.25.12
1.26.12
1.31.12
2.9.12
2.10.12
2.12.12
2.13.12
2.28.12
2.29.12
3.1.12
3.11.12
3.12.12
3.13.12
3.15.12
3.16.12

.30
.24
.59
1.07
.83
.26
.11
1.06
.40
.25
.48
.22
.63
.36
1.30
.21
.35
.10
.25
.54
.83
.21
.97
2.26
1.80
.39
.35
.96
.34
.31
.17
.35
.18
.32
.81
.41
.61
.46
.38
1.28
1.06
.91

Date
3.18.12
3.20.12
3.21.12
3.24.12
3.26.12
3.27.12
3.28.12
3.29.12
3.30.12
3.31.12
4.3.12
4.4.12
4.9.12
4.10.12
4.11.12
4.12.12
4.16.12
4.18.12
4.26.12
5.3.12
5.4.12
5.24.12
6.3.12
6.4.12
6.5.12
6.22.12
6.26.12
7.17.12
10.15.12
10.16.12
10.21.12
10.22.12
10.23.12
10.26.12
10.31.12
11.8.12
11.9.12
11.16.12
11.17.12
11.20.12
11.28.12
11.29.12
11.30.12
12.1.12
12.2.12
12.4.12
12.5.12
12.11.12

Precipitation
(Inches)
.16
.13
.82
.28
.20
.87
.17
2.20
1.05
1.24
.40
.64
.14
.29
.54
1.22
.12
.41
.68
.20
.13
.15
.19
.75
.12
.72
.13
.52
.25
.57
.64
.43
.10
.15
.41
.44
.32
.15
.82
1.28
.59
2.15
.12
1.59
1.29
.43
.19
.42

Date
12.16.12
12.17.12
12.18.12
12.20.12
12.21.12
12.22.12
12.23.12
12.25.12
12.26.12
1.5.13
1.9.13
1.10.13
1.11.13
1.23.13
1.25.13
1.26.13
1.27.13
1.29.13
2.6.13
2.7.13
2.19.13
2.22.13
2.27.13
2.28.13
3.5.13
3.6.13
3.20.13
3.25.13
3.30.13
3.31.13
4.4.13
4.5.13
4.6.13

Precipitation
(Inches)
.41
.34
.27
1.62
1.09
1.23
.14
.73
.94
.11
.47
.36
.17
.63
.36
.15
.14
.10
.10
.38
.52
.22
.21
.20
1.04
.75
.55
.11
.26
.16
.83
.14
.33

4.7.13
5.6.13
5.16.13
5.27.13
6.24.13
9.20.13
9.21.13
9.24.13
9.25.13
9.29.13
9.30.13
11.2.13
11.12.13

1.04
.22
.12
.50
.19
.44
.22
.46
.10
1.38
.26
.10
.23

Date
11.19.13
11.20.13
12.2.13
12.6.13
1.8.14
1.11.14
1.29.14
2.6.13
2.7.14
2.8.14
2.9.14
2.12.14
2.13.14
2.14.14
2.15.14
2.18.14
2.26.14

Precipitation
(Inches)
.25
.53
.15
.23
.22
.44
.54
.26
.46
.27
.63
.47
.66
1.26
.66
.40
.32

2.27.14

.41

3.3.14
3.5.14
3.9.14
3.16.14
3.25.14
3.26.14
3.28.14
3.30.14
3.31.14
4.1.14
4.21.14
4.23.14
4.24.14
4.25.14
5.5.14
5.8.14
6.25.14
9.17.14
9.24.14

.52
.19
2.58
.18
.61
.33
.95
.10
.41
.26
.28
.23
.26
.17
.25
.10
.28
.38
2.59

9.25.14
10.14.14
10.15.14
10.17.14
10.20.14
10.22.14
10.23.14
10.24.14

.10
.47
.39
.25
.52
.45
.79
.26

Date
10.25.14
10.26.14
10.30.14
10.31.14
11.6.14
11.12.14
11.13.14
11.14.14

Precipitation
(Inches)
.66
.10
.44
.29
.22
.10
.12
.33

11.19.14
11.20.14

.46
.57

11.21.14
11.22.14
11.28.13
11.29.14
12.2.14
12.3.14
12.5.14
12.7.14
12.10.14
12.11.14
12.12.14
12.15.14
12.16.14
12.17.14
12.18.14
12.19.14
12.20.14
12.21.14
12.22.14
12.24.14
12.29.14
1.15.15
1.16.15
1.17.15
1.18.15
2.2.15
2.5.15
2.6.15
2.8.15
2.9.15
2.26.15
2.27.15
3.11.15
3.15.15
3.20.15
3.22.15

.75
.22
.30
.76
.13
.29
1.25
.32
1.17
1.27
.42
.21
.34
.42
.40
.31
1.38
.92
.11
.69
.10
.19
.31
.36
.50
.94
1.14
1.60
.31
.50
.24
.23
.12
.54
.21
.95

Date
3.23.15
3.24.15
3.27.15
3.31.15
4.5.15
4.6.15
4.11.15
4.13.15
8.29.15
9.16.15
10.17.15
10.19.15
10.25.15
10.28.15
11.2.15
11.8.15
11.9.15
11.15.15
11.17.15
11.18.15
11.19.15
11.24.15
12.2.15
12.3.15
12.4.15
12.5.15
12.6.15
12.8.15
12.9.15
12.10.15
12.11.15
12.12.15
12.13.15
12.17.15
12.18.15
12.19.15
12.20.15
12.21.15
12.22.15
12.23.15
12.24.15
12.25.15
12.27.15
12.28.15
12.29.15
1.4.16
1.5.16
1.6.16

Precipitation
(Inches)
.49
.60
.10
.19
.19
1.66
.10
.44
.36
.21
.13
.10
.10
.65
.20
.25
.24
1.24
.35
.18
.41
1.47
.17
1.26
.22
.14
.14
.15
.93
.79
1.27
.52
2.20
.14
1.97
.12
.34
1.67
.20
.68
.78
.22
.20
.17
.15
.32
.72
.22

Date
1.7.16
1.8.16
1.9.16
1.12.16
1.13.16
1.14.16
1.15.16
1.16.16
1.17.16
1.18.16
1.19.16
1.22.16
1.23.16
1.24.16
1.28.16
1.29.16
2.3.16
2.17.16
2.18.16
2.19.16
2.21.16
2.26.16
3.1.16
3.2.16
3.5.16
3.6.16
3.8.16
3.9.16
3.10.16
3.11.16
3.12.16
3.13.16
3.14.16
3.19.16
3.20.16
3.21.16
3.22.16
4.3.16
4.13.16
4.14.16
4.21.16
4.22.16
4.24.16
4.27.16
5.20.16

Precipitation
(Inches)
.24
.31
.68
.82
.73
.74
.16
.20
2.28
.17
.39
1.10
.57
.25
.72
1.20
.34
.49
.79
.77
.12
.25
.16
.37
1.88
.29
.23
.86
.82
.19
.65
.56
.23
.10
.29
.93
.27
.16
.48
.51
.59
.53
.14
.27
.28

Date
5.21.16
7.8.16
7.9.16

Precipitation
(Inches)
.26
.30
.18