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• • ~ iiiiiuiiiiniiiiii <br />~:r <br />BEFORE THE DEPARTPIENT OF HEALTH ~ / ~~ ~~ <br />i ~ O.Q, <br />DIVISION OF ADMINISTRATIOiJ <br />~: <br />STATE OF COLORADO <br />-------------------------------------------------------------------------- <br />PETITION POR IMPOSITION OF CIVIL PENALTY <br />IN THE NATTER OF: SNO[JPIASS COAL COi•~PA.`!'t, NORTH 'fHOMPSON CREEK No. 1 ~CLNE; <br />h[[,RD NOTICE OF VIOLATION N0. C-86-051 dated June 17, 1986, <br />AND WQCD NOTICE OF VIOLATION AND CEASE AND DESIST ORDER <br />dated August 1, 1986 <br />T0: Gary G. Broetzman <br />Acting Designee of the Executive Director <br />of the Colorado Department of Health <br />This petition for imposition of civil penalty is addressed to you, <br />pursuant to Section 25-8-608(2), C.R.S. (1982), in your capacity as designee <br />of the executive director of the Colorado Department of Health. You are <br />authorized thereby to determine civil penalties upon application of the <br />Division of Administration of the Colorado Department of Health ("the <br />division"). Authority to apply for imposition of a civil penalty in this <br />matter has been delegated to me by the executive director of the department. <br />1. Snowmass operates the North Thompson Cree!c iJo. 1 dine ("the mine"), <br />an underground coal mine located approximately eight miles southcaest of <br />Carbondale in Pitkin County, State of Colorado. Snowmass mined coal in the <br />A-seam of the mine from 1977 until 1984. <br />2. Snowmass holds Colorado Discharge Permit System Permit No. <br />CO-0029599 (the "Discharge Permit") for the Mine. It was issued on <br />October 18, 1982, and is sc}ieduled to expire on March 31, 1987. The Water <br />Quality Control Division ("WQCD") has primary responsibility for enforcing the <br />provisions of the Colorado Water Quality Control Act ("[Dater Act") and the <br />Discharge Permit granted thereunder. <br />3. Tlie IJQCD issued a Notice of Violation and Cease and Desist Order <br />("IJQCD Notice and Order") to Snowmass on August 1, 1986. Snowmass submitted <br />iCS initial response to the IDQCD Notice and Order on August 11, 1986, and its <br />formal Answer, Request for a Hearing and Detailed Plan for Compliance on <br />August 28, 1986. The WQCD Notice and Order is attached hereto as Exhibit A <br />and incorporated herein by reference. <br />