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~L. <br />~ ~ ~ ~~ <br />STIPULATION ~ <br />i. Discharge Point 1 (corresponds to CYCC Eckman Pond A) <br />A. Verification of construction is accepted as timely. <br />B. Total suspended solids daily effluent limitations ("TSS <br />Daily"): <br />1. 2/16/81: Alleged violation is vacated (storm ex- <br />emption). <br />2. 9/17/81: The sample taken by CYCC's contractor <br />showed 90 milligrams per liter ("mg/1"); the read- <br />ing was caused by a defective riser pipe which <br />allowed the discharge of water before it had <br />achieved the design settlement time. <br />C. Acidity. <br />1. The reading for pH taken on June 22, 1982 at the <br />outfall at this point showed a reading in excess <br />of the range set forth in the Permit. Immediately <br />upon learning of the reading, CYCC obtained an- <br />other reading, which indicated that pH was within <br />the applicable limitations. In addition, CYCC <br />sought to ascertain whether or not the instrument <br />with which the reading was taken had been cali- <br />brated prior to the reading. The response was <br />uncertain. This reading is the only one which <br />CYCC, the Department of Health, or the EPA has <br />ever taken at any of CYCC's discharge points which <br />tested outside of the range set forth in the Per- <br />mit. A sample of the inflow to the pond taken on <br />June 22, 1982 showed a reading within the appli- <br />cable limitations. <br />II. Discharge Point 2 (corresponds to CYCC Mine 1 Pond T) <br />A. Verification of construction is accepted as timely. <br />B. TSS Daily: <br />1. 3/19/82: Alleged violation is vacated (storm ex- <br />emption). <br />2. 3/23/82: Alleged violation is vacated (storm ex- <br />emption). <br />-2- <br />