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At the request of WFC, I reconvened the continued assessment conference at 1:30pm on the 6th of September. During that continued conference representatives of WFC and the Division spoke to the issue of good faith, As a result of the resumed discussion, I have further developed my opinion regarding good faith in relation to CO C-88-017. It took longer than a month for WFC to ascertain that only NALCO could analytically determine the concentration of NALCO 8852 contained in a sample of water. During that period it was not possible for WFC to determine the levels of flocculent in the pond or stream waters, and impractical to specify possible abatement methodology. The release of toxic water from the ponds was eventually remedied by dillution by waters pumped into the ponds from the underground waters. In the opinion of WFC it was not possible for them to discontinue pumping from the underground warkings, and therefore impossible to cease release of water from the ponds into the surface drainage and waterways. The company did not affect abatement through specific action. Therefore, while I commend WFC for a timely and responsible handling of the situation, in my opinion, it was impossible for WFC to meet the criteria for award of good faith adjustment in this situation, as specified in Rule 5.04.5 (3 )(d ). In light of the above summarized conclusions, I am issuing the settlement agreement in the amount originally proposed by the Division's assessment officer, E11,000,00, Separate Agency Actions The Mined Land Reclamation Division is aware that separate actions are being taken by the Water Quality Control Division of the Colorado Department of Health and the Colorado Division of Wildlife with respect to Wyoming Fuel Company's use and discharge of flocculents during the period of January through March 1988 and a resulting fish kill in the Purgatoire River. More specifically, the Division of Wildlife has made a civil claim pursuant to section 33-6-110, C.R. S. (1984) to recover the value of wildlife unlawfully taken; and the Water Quality Control Division has issued a Notice of Violation and Cease and Desist and Clean Up Order concerning the discharge pursuant to the Water Quality Control Act, sections 25-8-101 to -703, C.R.S. (1982 and 1987 Supp.). This penalty assessment proposed by the Mined Land Reclamation Division is in no way intended to settle or compromise these separate actions by the Water Quality Control Division or the Division of Wildlife. Conference Continuance At the request of WFC representative, Lindeke Trumbly, I continued the conference until July 29, 1988, in order to accommodate Wyoming Fuel Corporation's on-going attempt to reach a joint settlement with all three of the regulatory agencies involved. At WFC's request I reconvened the conference on September 6th, at 1:30pm. The conference was closed at approximately 3:OOpm, September 6th, and this settlement agreement issued prior to the close of the business day that same afternoon.