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(3) DMG and WQCD have mutually agreed upon specific roles and responsibilities as <br />outlined in the MOU between the agencies; however, it appears that CDMG has not <br />followed the respective guidance under the MOU regarding dual enforcement action <br />and primacy with respect to CDPS discharge permits. <br />With regard to the extent of environmental impact being negligible in magnitude, the Coal <br />Program was informed neither of the July 2004 nor of the August 2004 water quality exceedances; <br />therefore, it was unable to immediately inspect the specific ponds and their outfall azeas to <br />determine the extent of any potential environmental problems. As the Coal Program was unawaze <br />of these problems, Coal Program inspections conducted in 3uly (J. Binns), August (D. Berry), and <br />September (D. Berry) of 2004 focused on other inspection topics, and not on these ponds. The <br />Coal Program is, therefore, unable to agree with Colowyo that impacts to the environment as a <br />result of these water quality exceedances were negligible. It should be noted that WQCD has <br />determined that Colowyo's data indicate a violation of Colowyo's WQCD dischazge permit <br />conditions did occur. <br />With regazd to the violation being administrative and therefore negligible in magnitude, the Coal <br />Program is required to issue a Notice of Violation when it is determined that violations of the Coal <br />statutes and regulations, administrative or otherwise, occur. The Coal Program has in the past <br />issued administrative violations to permittees for compliance problems associated with signs, <br />records, mine insurance certificates, and reclamation bonds. <br />With regazd to the enforcement discrepancy between the Coal Program and WQCD (WQCD did <br />not issue enforcement action; the Coal Program did), it should be noted that the compliance issues, <br />though related, aze not identical. The WQCD compliance matter was related to Colowyo's <br />compliance with its WQCD discharge permit. The Coal Program compliance matter was related <br />to Colowyo's compliance with the Board's Regulations regazding notification to the Coal Program <br />within five days following receipt of annon-compliant water quality analysis. <br />With regazd to the Coal Program not following the guidance described in the MOU with WQCD, <br />it was because of the section in the MOU that states, "DMG shall not issue NOVs for self reported <br />exceedances as submitted on WQCD Dischazge Monitoring Report (DMG) forms" that the Coal <br />Program did not write a Notice of Violation for the self-reported water quality pazameter <br />exceedances. <br />Recommendafion <br />Based upon this review of Colowyo's request for vacation of Coal Program NOV CV-2004-006, <br />the Coal Program recommends the NOV be upheld. <br />