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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT <br />DIVISION OF ADMINISTRATION <br />STATE OF COLORADO <br />PETITION FOR IMPOSITION OF CIVIL PENALTY <br />IN THE MATTER OF: TRINIDAD BASIN MINING COMPANY <br />NO CDPS PERMIT <br />LAS ANIMAS COUNTY, COLORADO <br />TO: Thomas P. Looby <br />This petition for imposition of civil penalty is addressed to you, pursuant to section 25-8- <br />608(2), C.R.S. (1989 and Supp. 1995), in your capacity as designee of the executive director of <br />the Colorado Department of Public Health and Environment ("CDPHE"). You are authorized <br />thereby to determine civil penalties upon application of the Division of Administration of the <br />CDPHE ("the Division"). Authority to apply for imposition of a civil penalty in this matter has <br />been delegated to me by the executive director of CDPHE. <br />1. Trinidad Basin Mining Company ("Trinidad Basin") owned and operated the Trinidad <br />Basin Mine ("the mine") located in Las Animas County, Colorado. The mine is in permanent <br />cessation and has been essentially reclaimed by the Colorado Division of Minerals and Geology. <br />2. Prior to July 7, 1986, treated wastewater associated with mining activities was <br />authorized to be dischazged from sediment ponds at the mine, subject to specific limitations, under <br />Colorado Discharge Permit System ("CDPS") Permit No. CO-0036331. Potential discharges <br />from the proposed Ludlow Loadout facility were covered under CDPS Permit No. CO-0040614. <br />On July 7, 1986, both permits were suspended for non-payment of permit fees. CDPS Permit No. <br />CO-0036331 expired on Match 31, 1990. CDPS Permit No. CO-0040614 expired on December <br />31, 1989. <br />3. On June 29, 1992, representatives of the Colorado Division of Minerals and Geology <br />("DMG") inspected the mine. A discharge was observed from pond 15-P1 into the Del Aqua <br />Arroyo. A sample of the discharge was collected and analyzed. The results of the analysis <br />showed the following level of pollutants: <br />Total Suspended Solids, mg/1 27,000 <br />Settleable Solids, ml/I >40 <br />