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1 `T _ _ <br />r y.r~rw ~. ~A .... ...~ 14, ~.k:a _ -.. ~ 4~k~ -~ '~ d~~ n - .. <br />~. <br />5. Within..thirty~daye of execution of thie~HOU, OHG and WQCD shall enter into <br />' .. diecuealone..:~with the Laboratory --Division 'to determine how ~to moat <br />~;,,a expeditiously transmit final data to .both parties. <br />tz1. <br />`~~~ 6. Following any site inspection, information pertinent to the other party shall <br />be timely provided to that party in written form. <br />Enforcement <br />As a matter of general practice, DMG will be responsible for enforcing the <br />requirements for design and maintenance of water quality protection structures and <br />the requirements to minimize disturbance to the hydrologic balance in accordance <br />with the Rule for Coal Hininq at section 4.05. The WQCD will be responsible for <br />enforcing CDPS permit conditions, including effluent limitations, and provisions of <br />site specific stormwater management plane that are unique to the CDPS permit. <br />Enforcement procedures will be ae follows: <br />1. WQCD shall be solely responsible for enforcement of the CDPS permit program <br />against point source discharges of pollutants into the State's surface waters <br />that are conducted without an effective CDPS permit and for the enforcement <br />of CDPS permit conditions. <br />2. Upon receipt of completed analysis, DMG shall determine whether a violation <br />of the Rules for Coal Hiving at section 4.05 has occurred, ae determined by <br />comparison with federal effluent limitations guidelines found at 40 cFR Part <br />434. If such a determination La made, DHG shall issue a Notice of Violation <br />(NOV) within 3 days of receipt of the completed analysis. Immediately upon <br />-~_ ...issuance of the NOV, DMG shall transmit via fax or by other timely mechanism <br />a copy of the NOV and all other pertinent information to W4CD. <br />3. When WQCD pursues a violation based upon evidence collected by a DMG <br />inspector, the DMG inspector will be available to present testimony and <br />expertise. Conversely, WQCD staff will be available to assist DMG in any <br />enforcement action of which they have knowledge and may be of assistance. <br />4. DMG shall not issue NOVa for self reported exceedances as submitted on WQCD <br />Discharge Monitoring Report (DMR) forme. <br />5. DMG shall, within ninety days of execution of this MOU, initiate rule making <br />so that NOVS issued by ~WQCD which cite a one day exceedance shall be <br />incorporated into the DHG Pattern of Violation and Show cause processes. <br />6. For other violations at coal mining Bites identified by wQCD in its day-to- <br />day activities, compliance and enforcement activities will be consistent with <br />procedures and times identified in the Enforcement Management System (EMS) <br />guidance document. <br />7. If an incident, other than described in item 1 or 2 of this section, occurs <br />that is a violation of requirements under the jurisdiction of both parties, <br />then the two parties shall meet to coordinate enforcement proceedings and <br />minimize, to the maximum extent possible, dual enforcement. <br />8. If during a coal mine inspection the DMG determines that there is imminent <br />danger to the health or safety of the public or significant environmental <br />harm to land, air or water resouces, the DMG shall issue a Cessation Order <br />pursuant to the Rules for Coal Mining at 5.03.2. <br />COORDINATION <br />1. in the event that a conflict develops regarding the issuance of a NOV or <br />other permit matters, the parties shall, as soon as practical, meet in order <br />to resolve any differences. <br />2. The Divisions shall meet at least quarterly for the purposes of enhancing the <br />parties knowledge of respective priorities, issues and administrative <br />procedures. <br />3 <br />