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~~ <br /> <br />999 <br />STATE OF COLORADO <br />COLORADO DEPARTMENT OF HEALTH <br />Dedicated to protecting and impprovingg the health and <br />environment o(the people or Colorado <br />4300 (7rerry Geek Or. S. Labaramry Building <br />Denver, Colorado 80222-7530 4210 E. 11th Avenue <br />Phone (303) 692-2000 Oemer, Colorado 80220-3716 <br />(303) 697-4700 <br />June 23, 1993 <br />Mr. Drew Wilson <br />American Shield Coal Company <br />10830 North Central Expressway, Suite 175 <br />Dallas, TX 75231 <br />4~ <br />y. f p~~+ ~ <br />JUL H tay~ <br />Patrida A. Nolan, MD, MPH <br />Fsmnne farennr <br />STATE DEPAhI,r;u~i i,r t•ettS01~(, <br />CLASSIFICATIv'•h: ;,~^;ION <br />RE: Permit Status -Expiration of CDPS Permit <br />American Shield Coal Company <br />Mesa County <br />Dear Mr. Wilson: <br />L~~ <br />REC~IV~D <br />JUG 12 199 <br />LiVrgiJll UI ,Y]niE~dlV, <br />~'EOlo9Y <br />CERTIFIED MAII, NO: P 895 190 911 <br />You are hereby notified that your permit for the discharge of wastewaters into state waters expired <br />on December 31, 1990. <br />Please be advised that it is unlawful to discharge pollutants from a point source without a permit per <br />section 25-8-501(1) of the Colorado Water Quality Control Act. )n addition, 40 CFR 122.26 <br />requires all coal mines to obtain and maintain a stormwater permit until bond release. There has <br />been no permit application for stormwater coverage received by the Division. Per an inspection by <br />Division personnel, it appears that there is a potential to have a discharge from a sediment pond <br />which would be subject to post mining conditions. Federal regulations in part 40 CFR 434, subpart <br />E. requires that any discharges from areas under reclamation must meet federal categorical standards <br />for post mining. Therefore, it appears that you may be in violation of the State Water Quality <br />Control Act and the Federal Clean Water Act. <br />You were informed via a letter dated June 7, 1991, that a permit was necessary. Therefore, it is <br />appears that failure to comply with the WQCA is done so Imowingly. Be advised that you may be <br />subject to civil penalties of up to $10,000 per day and criminal penalties per section 25-8-609(3) of <br />the WQCA of up to $25,000. Failure to maintain an active CDPS permit may also effect your <br />coverage under your MLRB permit. <br />