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III IIIIIIIIIIIIIIII <br />STATE OF COLORADO <br />Bill Owens, Governor <br />Jane E. Norton, Executive Direttor <br />Dedicated to protecting and improving the health and environment of the people of Colorado <br />4300 Cherry Creek Dr, 5. Laboratory and Radiation Services Division <br />Denver, Colorado 80246-1530 8100 Lowry Blvd. <br />Phone D03) 692-2000 Denver CO 80230-6928 <br />Located in Glendale, Colorado 13031 692-3090 <br />h «p://www.cdphe.state.co.us <br />October 12, 1999 <br />Kimberley A. Wolf <br />Colowyo Coal Company <br />5731 State Highway 13 <br />Meeker. Colorado 81641 <br />RE: Request for Upset Condition and/or Bypass Condition <br />CDPS Permit No.: CO-0045161; Outfall O10B <br />Moffat County <br />Dear Ms. Wolf: <br />OF'~O[p <br />Ne6 ~~ <br />Y ~ <br />~ re76 ~ <br />Colondo Deputtnent <br />of Public Health <br />R~C~/V~~ Environment <br />ory~- OCT x41999 <br />~olMr'~'ra/sBG~ <br />'b9Y <br />This letter is in response to your letter dated May 10, 1999 in which you reported an upset condition <br />and/or unanticipated bypass of treatment cell, Outfall 0108, wastewater to East Taylor Pond, Outfall <br />010A on May 4, 1999. Your letter explains that the treatment cell's embackment was breached <br />which resulted in the unanticipated discharge of water from Outfall 01 OB to East Taylor Pond, <br />Outfall 010A. According to the permit, before Outfall 0108 can discharge, a sample must be <br />collected, analyzed and the results must meet the required permit limits. At the time of the <br />discharge, a sample was not collected or analyzed. <br />The permit defines an upset as "an exceptional incident in which there is unintentional and <br />temporary noncompliance with permit effluent limitations because of factors beyond the reasonable <br />control of the pennittee. An upset does not include noncompliance to the extent caused by <br />operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of <br />preventative maintenance, or careless or improper operation." The permit defines a bypass as an <br />"intentional diversion of waste streams from any portion of a treatment facility." The Division does <br />not consider the discharge that occurred on May 4, 1999 an incident where factors were beyond <br />your reasonable control as defined by an upset condition or an intentional discharge as defined by a <br />bypass condition. Therefore, we do not believe that Coloywo Coal Company has demonstrated that <br />they meet the requirements for an upset and/or bypass condition. <br />If you have any further question please contact me at (303) 692-3603. <br />Si cer ly, <br />~-' Carla J. Len <br />Water Quali, Protection Secti n <br />WATER O ALITY CONTROL DIVISION <br />cc: Jim Chibrilo,D.E., WQCD <br />on Walker, DMG <br />MS-3 File <br />