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NOV C-93-142 <br /> Orchard Valley Mine <br /> This NOV was issued for failure to meet NPDES effluent limitations <br /> in a pond discharge and failure to conduct ,mining operations so as <br /> to minimize water pollution. <br /> HISTORY <br /> Two NOV's have been issued at this mine in the past twelve months. <br /> They were NOV C-92-035 and 93-030. $100 is assessed for history. <br /> SERIOUSNESS <br /> While the quantity of water discharged from the sediment pond is <br /> unknown, the discharge at the time of sample collection by the DMG <br /> inspection was not in compliance with the suspended solids effluent <br /> limit in the mine's NPDES permit. Therefore, an off-site impact <br /> did occur as a result of mining operations. <br /> It also appears that an impact on wildlife occurred as a result of <br /> oil accumulation on the pond, based on the inspector's observation <br /> of an oil-contaminated kestrel at the site. <br /> While the extent of impact was not determined, the fact that an <br /> off-site impact to the hydrologic balance did occur as a result of <br /> an NPDES violation is significant. $1250 is assessed for <br /> seriousness. <br /> FAULT <br /> Based on information in the file, it appears that two factors <br /> relating to fault are relevant. First, the oil storage area and <br /> oil sump were not adequately maintained. The lack of maintenance <br /> in this area resulted in oil reaching the sediment pond. The <br /> operator appears to have attempted to prevent oil from leaving the <br /> site by siphoning water from the bottom of the pond. While this <br /> indicates responsible action by the operator, the pond discharge <br /> would not have been required if the oil storage area and sump had <br /> been adequately maintained. <br /> Secondly, based on past performance problems with this sediment <br /> pond and concerns with performance of oil booms in the pond <br /> discussed during the last permit renewal, the operator should have <br /> been aware of potential problems with oil spillage and the <br /> capability of the existing control system to contain those spills. <br /> Based on these two factors, $750 is assessed for negligence. <br /> GOOD FAITH <br /> There is no evidence of good faith in the file <br /> c\wp51\111293 <br />