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,~ <br />• i <br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-152 <br />Notice of Violation C-93-152 was issued for ^Failure to place on <br />file with the mine records the following: <br />A) copies of quarterly sediment pond inspection reports for <br />the 4th quarter of 1993, and the first, second, and third <br />quarter of 1993; <br />B) a copy of a valid air emissions permit, <br />C) a complete copy of a valid NPDES permit, <br />D) copies of the performance warranty documents, and <br />E) an updated Section 2.03.4 of the permit document.^ <br />Dan Hernandez issued the NOV on December 6, 1993, based on a <br />December 1-2 inspection of the documents on file at the Las <br />Animas county courthouse in Trinidad for the Rimrock Strip Mine. <br />wally Erickson represented the Division at the assessment <br />conference. He explained that the documents had been submitted <br />to the Division and were on file at the Division's office except <br />for the third quarter pond inspection. That record was the <br />subject of NOV C-93-151. The air emissions permit appeared to <br />have expired in October, 1993. The NPDES permit did not have a <br />cover sheet which identified the mine and expiration date. The <br />bond document and Section 2.03.4, identification of Interests, <br />were not current. <br />Mark Kerr, representing Landmark Reclamation Inc., requested that <br />since the third quarter pond inspection report was included in <br />NOV C-93-151 it should not_be included in this NOV as well. <br />Regarding the air emissions permit, there is no expiration date. <br />The permit is valid as long as operations began prior to a <br />certain date. It is cancelled upon the request of the operator. <br />He brought in a letter from the Colorado Department of Health, <br />Air Quality Control Division, to verify this. <br />Based on the information presented in the assessment conference, <br />i agree with Mr. Kerr. The third quarter pond inspection report <br />and the air emission permit should be eliminated from the NOV. <br />The proposed civil penalty was: <br />History $400.00 <br />Seriousness $250.00 <br />Fault $500.00 <br />Good Faith $0.00 <br />Total $1150,00 <br />seriousness <br />As stated in the proposed penalty, the various requirements <br />appear. to have been implemented, however filing requirements were <br />not met. Based on the information presented in the conference, <br />all records were available in the Division's office. I conclude <br />this is an administrative violation and I propose to reduce the <br />