Laserfiche WebLink
Letter to Wyoming Fuel Company, Inc. <br />CO #C-88-017 Settlement Agreement <br />page 2 <br />Director. In response to your request, I reconvened the conference on <br />Tuesday, September 6, 1988. The second session of the conference was <br />attended by the following individuals, in addition to you and me: <br />Geoffrey Weston WFC <br />Lindeke Trumbly WFC <br />Felicity Hannay Davis Graham & Stubbs (Representing WFC) <br />James Stevens CMLRD <br />Michael Long CMLRD <br />Tony Waldron CMLRD <br />Fred Banta CMLRD <br />Frank Johnson Attorney General (Representing CMLRD) <br />Sandy Marek Water Quality Control Div. - CDH <br />Following the final close of the assessment conference, I drafted the <br />attached settlement agreement for the consideration of Wyoming Fuels <br />Company. The attached settlement agreement proposes no amendment to the <br />original civil penalty issued by the Division's assessment officer. <br />The Division is aware that separate actions are being taken by the Water <br />Quality Control Division of the Colorado Department of Health and the <br />Colorado Division of Wildlife with respect to Wyoming Fuel Company's use and <br />discharge of flocculents during the period of January through March 1988 and <br />a resulting fish kill in the Purgatoire River. More specifically, the <br />Division of Wildlife has made a civil claim pursuant to section 33-6-110, <br />C.R.S. (1984) to recover the value of wildlife unlawfully taken; and the Water <br />Quality Control Division has issued a Notice of Violation and Cease and <br />Desist and Clean Up Order concerning the discharge pursuant to the Water <br />Quality Control Act, sections 25-8-101 to -703, C.R. S. (1982 and 1987 Supp.). <br />This settlement agreement proposed by the Mined Land Reclamation Division is <br />in no way intended to settle or compromise these separate actions by the <br />Water Quality Control Division or the Division of Wildlife. <br />If you agree with the settlement agreement, please sign it and return it to <br />our office as instructed on the form. The form must be signed within ten <br />days of the above date. If you disagree do not sign the form. The Division <br />will affirm the fixed civil penalty and you may appeal that decision to the <br />Board as outlined in the regulations, Rule 5.04.4. <br />If you have any questions, please do not hesitate to contact me. <br />Sincerely you , <br />Jame Pendleton <br />Conference Officer <br />Enclosures <br />