Laserfiche WebLink
reasonably practicable after such person has knowledge of such condition, but for in <br /> situ each mining operations in no event)more than twenty-four hours after the <br /> disc very of such failure or an imminent failure, of... any environmental protection <br /> facility designed to contain or control chemicals or waste that are acid- or toxic- <br /> forming, as identified in the permit." <br /> 12. Pursuant to Rule 8.1(b), the Operator was required to notify the <br /> Division "as soon as reasonably practicable, but no later than twenty-four (24) hours <br /> after the Operator has knowledge of a failure or imminent failure of... any <br /> Environmental Protection Facility designed to contain or control designated <br /> chemicals or process solutions as identified in the permit." <br /> 13. The failure of Vat Leach Tank#1 to contain or control process <br /> solutions, resulting in it becoming overtopped with slurry and splattering an <br /> adjacent structure, constituted a failure of an Environmental Protection Facility <br /> pursuant to Rule 1.1(20). <br /> 14. Exceeding the capacity of the secondary containment structure <br /> constituted a failure of an Environmental Protection Facility pursuant to Rule <br /> 1.1(20). <br /> 15. The curbing of the secondary containment structure's failure to contain <br /> and control process solutions ejected from Vat Leach Tank#1 constituted a failure <br /> of an Environmental Protection Facility pursuant to Rule 1.1(20). <br /> 16. By failing to notify the Division of the failure of two Environmental <br /> Protection Facilities at the site, specifically, Vat Leach#1 and the secondary <br /> containment structure, the Operator violated section 34-32-121.5, C.R.S. and Rule <br /> 8.1(b). <br /> 17. The Operator failed to comply with a condition of its permit, specifically <br /> Amendment 10, Volume 1, Exhibit U, Sections 6.3.2 and 6.4. <br /> 18. The Board may impose a civil penalty of not less than $100 per day or <br /> more than $1,000 per day for each day during which a violation of a mining <br /> operation permit. C.R.S. § 34-32-124.5(7) (2015). Here, the Board may impose a <br /> penalty based on forty-seven days of violation from the May 6, 2016, Reason to <br /> Believe Letter, to the June 22, 2016, Board meeting, at $100 to $1,000 per day for a <br /> civil penalty of$4,700 to $47,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of sections 34-32-121.5 and -124, C.R.S., and Rule 8.1(b) <br /> Cripple Creek &Victor Gold Mining Company <br /> Cresson Project/M-1980-244 <br /> MV-2016-035 3 <br />