ENFORCE22277

• Permit No: M1977210
• IBM Index Class Name: Enforcement
• Doc Date: 8/23/1989
• Doc Name: MLRB MINUTES
• Media Type: D
• Archive: No

Minutes, August 23-24, 1989
PAGE 19
Staff presented a brief history a previous violation and a Board Order,
ATTACHMENT I. The Division had been notified by the Department of
ea o possible leakage from ponds associated with the Apache
Minerals site. On January 11, 1989, the Department of Health requested
that MLR inspect the site. On April 20, 1989, Staff inspected the site
and noted two ponds, which appeared to associated with the operation,
experiencing seepage at their bases and draining into the California
Gulch. Staff had requested that the operator submit an amendment to
the permit by May 24, 1989, which would incorporate the lower pond into
the permit area; demonstrate the stabilty of both pond embankments;
prevent further seepage from the embankments and maintain adequate
freeboard in both facilities.
The amendment was not submitted, and on May 25, 1989, the Board found
that a violation for impacting off-site areas and failing to minimize
impacts to the surrounding hydrologic balance did exist at this site.
At that time, a Cease and Desist Order and corrective actions were
issued, and in that Order, the Board required that Civil Penalties in
the amount 53,400 be paid by June 31, 1989, and offered to suspend
53,150, if a plan to complete the corrective actions was submitted to
the Division by June 15, 1989 (Attachment I). On June 6, 1989, the
Division received a letter from Apache Minerals stating that the
operation had been temporarily closed, since approximately mid-February
of 1989, etc.. On June 28, 1989, the Division received a letter from
operator requesting reconsideration of the Notice of Violation issued
by the Board in May. That request was heard during the July Board
Meeting. The Board denied the request and directed the operator to
comply with the May Board Order. No further information or submittals
were received by the operator by July 24. Therefore, Staff felt that
the operator had not complied with the Board Order. The operator was
noticed that the Board would determine whether a violation existed at
the August Board Meeting; they were informed that a second Cease and
Desist Order could be issued, Civil Penalties in the amount of S50 to
5200 per day could be assessed or permit suspension, modification or
revocation could be ordered.
Staff stated that to date, no Civil Penalty payments have been
submitted; no geotechnical analysis had be completed or submitted to
the Division; there is no documentation of seepage prevention; no
documentation of the maintainence of two feet of freeboard; no permit
amendment has been submitted.
Staff presented ATTACHMENT J - a Civil Penalties Worksheet, which
contained recommen a~tons~r finding a violation; issuing a Cease and
Desist Order; corrective actions and Civil Penalties at a rate of 5200
per day for 54 days or 510,800.
Mr. Merritts presented ATTACHMENT K - a June 7, 1989, letter to MLR,
including an attachment stating tl"ieir compliance with corrective
actions. The operator also presented ATTACHMENT L1 and L2 - 4 copies
of photographs of the site (the origins p o ograp s were shown to the
Board), and answered questions from the Board.