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Daniel E. Bear, President <br />Beaz Coal Co. Bear #3 Mine <br />September 21, 2007 <br />Page 2 <br />Violation #1 These facilities aze not operated by a Class D industrial wastewater treatment operator, as <br />required by Section 100.6.2 of the Regulation. This was an earlier finding in the April 2002 inspection <br />report also. <br />Permit Issues <br />During the inspection, we observed that facility conditions are accurately represented in the permit. <br />Self-Resorted Data Review <br />During the inspection self-reported compliance data contained in your dischazge monitoring reports <br />(DMR) were reviewedJdiscussed from 2006 to the present and the following violations were discussed: <br />Violation #I Dischazge monitoring reports have not been submitted regulazly for this facility and a <br />Cease and Desist Order was issued January 26, 2007. Facility monitoring records indicate that Outfall <br />001 discharges on a continuous basis, and that Outfa11004 does not normally dischazge. Facility <br />records indicate that the outfalls have been sampled on a regulaz basis, but the information has not been <br />submitted to the Division. Failure to submit DMRs is a violation of Part LE.1 of CDPS Permit #CO- <br />0044377. <br />Violation #2 Review of bench sheets, lab reports and DMRs show inaccurate transcription of data from <br />lab sheets to the DMR, incorrect units reported, and resulting inaccurate reporting. Careful <br />transcription and review is necessary to prevent submitting incorrect DMRs. <br />If you have been responding to our Compliance Assurance and Data Management (CADM) Unit <br />regarding these violations, please continue that effort to resolve these issues. If you have not responded <br />to our CADM Unit regazding these violations, please do so as soon as possible. <br />This letter is your notification that the conditions at your facility as listed above constitute a violation of <br />your permit. Please provide a written response addressing the issues listed above before November 30, <br />- 2007. Your response must outline the course of action that will be taken and the date by which you <br />propose to bring your facility into compliance. Failure to notify this office within the required time <br />frame may result in formal enforcement action. <br />Other Observations/Recommendations <br />The following aze observations, comments, and/or recommendations only and require no written <br />response on your part. The recommendations will enable your system to better conform to applicable <br />design criteria or other industry standards: <br />None <br />J. Mullen Beaz Coa] sw Indus insp rpt 73107 <br />