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<br />NOV C-92-021 <br />This NOV was issued for failure to maintain primary discharge <br />structures of permanent impoundments. <br />HISTORY <br />Two NOV's (C-91-013 and 014) have been issued to TBM during the <br />past twelve months. Both of these NOV's are still in the review <br />process so, there are no NOV's affecting the history component of <br />this penalty. <br />SERIOUSNESS <br />Failure to maintain the discharge structures cited in the NOV <br />prevented the structures from treating storm runoff as intended. <br />As a result, the potential for non-compliance discharges, <br />inadequate containment capacity, pond failure and excess erosion <br />existed. A sample of the discharge from impoundment 22-P2 was <br />collected but, lab results are not yet available. Consequently, <br />the extent of actual damage resulting from the violation is unknown <br />at this time. <br />FAULT <br />The operator was negligent in not maintaining the discharge <br />structures in accordance with designs. <br />GOOD FAITH <br />Gcod faith is not applicable here since there is no evidence that <br />the violation has been abated. <br />c:\wp51\1r910c <br />