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COLORADO DEPARTMENI~F HEALTH, Water Quality Control Division <br />Permit Number CO-0032751 Page 4 . <br />MONITORING SUMMARY AND OPERATING HISTORY: (Continued) <br />the levels for the 30 day average limit :is well as the daily maximum <br />limitations for total recoverable cadmiutu, total recoverable copper, total. <br />recoverable lead, and total recoverable ::inc. Division inspections of the <br />facility were made on Hay 23, 1988 and August 28, 1990. Both inspections <br />indicated that the facility has had. significant violations. <br />Previously, one Notice of Violation. and (:ease and Decist Order (NOVCDO) was <br />issued to the permittee on March 7, 1986 addressing previous concentrations of <br />cadmium during 1985 which exceeded the daily maximum total recoverable cadmium <br />limitation, as we 11 as the previous implf:mentation plan compliance schedule <br />for achieving the final limitations for f:otal recoverable zinc. Later, a <br />Stipulated Agreement was signed by the Division and the permittee, with <br />payment of the portion of a civil penalt;i which was not suspended. In regard <br />to the compliance schedule referred to itt the NOVCDO, as part of the <br />Stipulated Agreement, the permittee agreed to bring the discharge into <br />compliance with the final effluent limitations for zinc and cadmium by June 1, <br />1987. Later, as indicated in the previous rationale for Amendment No. 2 for <br />this permit, improvements at the facility were constructed during the summmer <br />and fall of 1987 arcd operational by the end of December 1987, including an <br />explanation of the No. 1 settling pond, completion of the No. 2 settling pond, <br />installation of rubber linings for the ponds, and installation of the new <br />filtration building. <br />A comparison of effluent concentrations during the period before the new <br />treatment system improvements (during 1987) and after the improvements (1988) <br />in Appendix B1 indicates no significant improvement in the cadmium, copper, <br />lead, or zinc effluent concentrations. Thus, exceedances for these four <br />parameter limitations have continued to occur since the new treatment system <br />improvements. The only month where there has been compliance with all permit <br />limitations during discharge was during August 1988. The permittee is <br />expected to attain compliance with the limitations of this permit. <br />APPLICABLE RULES AND REGULATIONS <br />A. Federal: Federal technology based effluent guideline limitations (BPT <br />and BAT: 40 CFR, Part 440.102 and 103) are applicable to this facility <br />because mining has previously taken place and is projected co occur again. <br />B. State: State Effluent Standards (SES) (10.1.0) apply co all discharges <br />in the state for parameters not superceded by Federal Effluent Guidelines <br />or Stream Standards. The SES apply t:o more conventional pollutants. <br />In addition, to these standards, the State must also apply the receiving <br />stream Water Quality Standards (WQS) which are appropriate for this <br />facility. <br />The WQS are applied based on a mass balance for each pollutant in <br />question. The variables used in the calculation are the allowable <br />in-scream level (WQS), the chronic stream low flow (30E3) or the acute <br />stream low flow (lE3), the effluent flow (Qeff)~ and the background <br />concentration (Camb)~ as shown in Appendix C. The effluent flow is for <br />both the Cross Mine and Caribou Mine discharge flows; these flows and the <br />mass balance equation are both included in Appendix C. <br />