2016-08-13_PERMIT FILE - P2016020 ‎(2)‎

• Permit No: P2016020
• IBM Index Class Name: Permit File
• Doc Date: 8/13/2016
• Doc Name: Compliance Order on Consent and Settlement Agreement
• From: Minewater
• To: DRMS
• Email Name: MAC
• Media Type: D
• Archive: No

STATEMENT OF PURPOSE
12. The mutual objectives of the Parties in entering into this Consent Order and Settlement
Agreement are:
a. To establish compliance requirements and criteria for the continued operation of the
Water Tunnel Facility; and
b. To resolve, without further administrative action or litigation, the orders, directives,
claims and penalties associated with (1) the alleged violations cited herein; (2) the
alleged violations cited in the Notice of Violation /Cease and Desist Order (Number: 10-
090715-1that the Division issued to London Mine, LLC on July 15, 2009); (3) the
violations cited in Notice of Violation /Cease and Desist Order, Number: 10-130321-1
that the Division reissued to London Mine, LLC on March 21, 2013, as upheld on appeal
by the Office of Administrative Courts through an Initial Decision issued on January 6,
2016; (4) the alleged violations cited in the Notice of Violation/Cease and Desist Order/
Order for Civil Penalty (Number: 10-150730-1 ) issued to London Mine, LLC, the Estate,
and Meyer on July 30, 2015, and (5) any potential orders, directives, claims and
penalties against any Party arising from or relating to discharges from the London Mine
arising or occurring prior to and as of the effective date of this Consent Order and
Settlement Agreement; and
c. To facilitate the sale of the London Mine Property to MineWater so that MineWater can
implement measures to address contaminated water at the London Mine that is
currently not being treated adequately; and
d. To recognize that MineWater will implement the most feasible method of water
treatment at the London Mine and to develop a supportive regulatory framework for
addressing the water quality conditions at the London Mine property, including revising
certain Colorado Discharge Permit System conditions and/ or stream standards, if
appropriate; and
e. To recognize that MineWater may in the future seek permits to undertake bona fide
mining activity including reopening the London Mine for mining activity; and
f. To establish a framework for the adoption of a feasibility-based ambient standard
and/or a discharger specific variance for certain parameters, specifically including
metals, in No Name Creek, South Mosquito Creek and Mosquito Creek for the discharge
associated with the London Mine Water Tunnel Facility; and
g. To establish an enforceable compliance schedule for MineWater to achieve compliance
with the Water Tunnel Permit from the date of this Consent Order and Settlement
Agreement going forward, as said Water Tunnel Permit may be revised to the extent
feasibility-based ambient standards are adopted for the relevant stream segments
and/or a discharger specific variance is approved for the Water Tunnel Facility, but in
no event will compliance requirements for zinc and/or cadmium be made more
stringent than the current Water Tunnel Permit; and
h. To establish stipulated penalties for Water Tunnel Permit effluent violations that may
occur subsequent to MineWater's signature to this Consent Order and Settlement
Agreement and prior to completion of the compliance schedule specified herein
(September 30, 2018); and
London Mine, LLC, et at. C O L O R A D O
Compliance Order on Consent and Settlement Agreement e® De�entofPublic
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