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<br />Fred Banta <br />Page 2 <br />Sewage Ponds: The certification indicates that partial <br />embankmente.enclose these structures. The slopes of the dam <br />appear not 'to meet the SH to 1V combined elope requirement <br />of rule 4.05.6(8)(f). OSM failed to cite an additional <br />violation in the original TDN for these ponds. Violation #2 / <br />of the new TDN, #B4-2-244-7 is being issued for the failure <br />to construct these ponds according to the slope requirements <br />as prescribed. <br />To date, OSM finds no additional design criteria <br />requirements for the sewage treatment system. However, the <br />company's current NPDES permit may require additional <br />structural standards. During the re-inspection of the site <br />this will be reviewed. In addition, the certification for <br />these impoundments should include applicable reporting <br />requirements for rule 4.05.9(8)(a) through (e). Conse- / <br />quently, the certification is improper and your office's re- <br />sponse .is inappropriate. A federal re-inspection will be <br />conducted. <br />Pond P-9: Again, the certification is not based on as built <br />cond o s meeting permanent regulation standards or new <br />designs specifying re-construction to upgrade the pond. <br />Your office's response is inappropriate. A federal follow-up <br />inspection is required. <br />If you have any questions concerning this review, please <br />contact me. <br />Sincerely, <br />e t Hc' a irector <br />lbuquerque Fi office <br />