2016-06-10_ENFORCEMENT - M1980244

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M-1980-244 Consent Agenda Fonn May 24, 2016 Page 2 of 3 Staff Recommendation: Violation: Find the Operator in violation of C.R.S. §34-32-121.5 and Rule 8.1(b), for failure to notify the Office, as soon as reasonably practicable, but no later than 24 hours, after the Operator has knowledge of a failure or imminent failure of any Environmental Protection Facility designed to contain or control designated chemicals or process solutions as identified in the permit. Additionally, find the Operator in violation pursuant C.R.S. §34-32-124(1), for failure to comply with a condition of the permit regarding capacity of the secondary containment structure of the Environmental Protection Facility. Specifically, this is a violation of Amendment 10, Volume 1, Exhibit U, Sections 6.3.2 and 6.4. Cease and Desist Order: Issue a Cease and Desist Order prohibiting any further vat leach tank activities at the High Grade Mill, until the approved secondary containment capacity is reestablished. Once reestablished, the approved secondary containment capacity shall be maintained. Corrective Action(s): Require the Operator to submit a Technical Revision to address enhancements to the capacity of primary containment and tank battery to minimize spills from the tank(s). The Technical Revision shall also address enhancements to the capacity and maintenance (method and schedule for clean out activities to restore capacity) of secondary containment. The Operator shall file the Technical Revision with the Division within 30 days of the effective date of the Board Order. Civil Penalty: Pursuant to C.R.S. §34-32-124(7) an operator who violates any provision of a permit shall be subject to a civil penalty of not less than $100 per day, nor more than $1,000 per day for each day during which such violation occurs. In this case, there are 47 days of violation from the signature date of the RTB, May 6, 2016, to the June 22, 2016 Board Meeting; the Board may assess a range of civil penalty from $4,700 to $47,000. The Board will assess a civil penalty of $1,000 per day of violation for 47 days, for a civil penalty amount of $47,000, with all but $1,000 suspended if the Operator complies with the corrective action. The portion of the civil penalty not suspended, $1,000, shall be due and payable within thirty (30) days of the effective date of the Board Order. If the Operator does not comply with the corrective actions set forth in the Order, then the suspended penalties, $46,000.00, shall be due and payable. Failure to submit any due and unpaid civil penalties shall result in immediate submittal of such penalties to State collections.