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~ o <br />COLORADO DEPARTMENT OF HEALTH <br />Water Quality Control Division <br />Rationale - Page 4 <br />Permit No. CO-0027154 <br />Enforcement Actions <br />On October 6, 1982, the division issued a Notice of Violation and Cease and <br />Desist Order (NOV & CD) against CYCC for multiple TSS, T. Fe and pH violations <br />from outfalle 001, 002, 007, 009, 010, 014, 015 sad 017. The NOV ~ CD also <br />cited the failure to provide certification that facilities were designed, <br />constructed sad maintained to contain the volume of water resulting from a <br />10-year, 24-hour precipitation event. The division and CYCC entered into a <br />stipulation on May 5, 1983 which provided that the NOV be withdrawn and CYCC <br />would pay a penalty of $20,000. Two thousand dollars was suspended upon <br />verification of construction of Pond E (Outfall 014). <br />An NOV 6 CD was issued on December 7, 1984 citing permit violations from <br />outfall 005. The study discussed in the Dtgt section above was undertaken in <br />conjunction with this enforcement action. The NOV is still outstanding at <br />this time. <br />An additional NOV b CD was issued oa December 12, 1985 for more recent <br />violations at Outfall 005. <br />Petition to Amend Water Quality Standards <br />In connection with the December 7, 1984, NOV ~ CD, CYCC has petitioned the <br />Water Quality Control Commission to amend the water quality standards (WQS) <br />for Trout Creek and its tributaries. The petition was filed on June 28, <br />1985. Data submitted with the petition represents ambient stream quality <br />based on 4773 analyses on Trout, Fish, Middle and Foidel Creeks. <br />A WQCC hearing on the petition is scheduled for April 7, 1986. The outcome of <br />the hearing may require the effluent limitations in this permit to be amended <br />at a later date. <br />