2018-04-16_ENFORCEMENT - M1980244

• Permit No: M1980244
• IBM Index Class Name: Enforcement
• Doc Date: 4/16/2018
• Doc Name: Consent Agenda Item
• From: CC&V
• To: DRMS
• Email Name: TC1
• Media Type: D
• Archive: No

M-1980-244
Consent Agenda Fonn
April 11, 2018
Page 2 of 3
metallurgical processing fluids containing designated chemicals. The Operator has commenced removal
of the slumped material in order to expose the liner for inspection and verify the integrity of the liner.
The Operator failed to notify the Division of this slope failure and potential loss of containment of
designated chemicals.
Staff Recommendation:
Violation: Find the Operator in violation of C.R.S. §34-32-121.5, Rule 8.1(a), 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 impoundment, embankment,
or slope that poses a reasonable potential for danger to any persons or property or to the
environment, or any environmental protection facility designed to contain or control chemicals
or waste that are acid- or toxic -farming, 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 the Squaw Gulch Valley Leach Facility. Specifically, a violation of
Amendment 10 - Volume I - Exhibit U - Section 7.2.3 and Amendment 10 - Volume V -
Appendix 9.
Cease and Desist Order: Issue a Cease and Desist Order prohibiting any further leaching
activities on the 9,850 lift within 500 feet of the slope failure and possible damaged liner area,
until the Division reviews and approves the Environmental Protection Facility recertification.
Corrective Action(s): Require the Operator to:
1) Re -certify the Squaw Gulch Valley Leach Facility as an Environmental Protection
Facility as soon as possible, not to exceed 180 days from the effective date of the
Board Order.
2) Conduct daily inspections of the Squaw Gulch Valley Leach Facility's Leak
Detection System and weekly sampling of the Squaw Gulch Valley Leach Facility's
Underdrain System until Division reviews and approves the Environmental Protection
Facility recertification. Results of the inspections and sampling shall be provided to
the Division on a monthly basis.
3) File a Technical Revision to clarify the operational procedures whereby ore is placed
in the Squaw Gulch Valley Leach Facility. The Technical Revision shall include and
consolidate all aspects of the ore placement. The Operator shall file the Technical
Revision with the Division as soon as possible, not to exceed 30 days from the
effective date of the Board Order.
Civil Penalties: 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 130 days of violation
from the December 16, 2017 slope failure to the April 25, 2018 Board Hearing.
Assess a civil penalty of $1,000 per day of violation for 130 days, for a total civil penalty amount
of $130,000, with all but $32,500 suspended if the Operator complies with the corrective actions.
The portion of the civil penalty not suspended, $32,500, shall be due and payable within 30 days