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s. <br />,~ <br />., <br />/` <br /> <br />6. <br />Kithln thirty days of execution of this HOD, DHC and WQCD shall enter into <br />discueaions with the Laboratory Division to determine how to moat <br />expeditiously transmit final data to both parties. <br />Following any site inspection, information pertinent to the other party shall <br />be timely provided to that party in written form. <br />Enforcement <br />Ae a matter of general practice, DHG will be responsible for enforcing the <br />requirements for design and maintenance of water quality protection structures and <br />the requirements to minimise disturbance to the hydrologic balance in accordance <br />with the Rule for Coal Hininq at section 4.05. The WQCD will be responsible for <br />enforcing CDPS permit conditions, including effluent limitations, and provisions of <br />site specific etormwater management plane that are unique to the CDPS permit. <br />Enforcement procedures will be as follows: <br />1. WQCD shall be solely responsible for enforcement of the CDPS permit program <br />against point source discharges of pollutants into the State's surface waters <br />that are conducted without an effective CDPS permit and for the enforcement <br />of CDPS permit conditions. <br />2. Upon receipt of completed analysis, DHC shall determine whether a violation <br />of the Rules for Coal Hininq at section 4.05 has occurred, ae determined by <br />comparison with federal effluent limitations guidelines found at 40 CFR Part <br />434. if such a determination is made, DHC shall ieaue a Notice of Violation <br />(NOV) within 3 days of receipt of the completed analysis. Immediately upon <br />issuance of the NOV, DHG shall transmit via fax or by other timely mechanism <br />a copy of the NOV and all other pertinent information to WQCD. <br />3. When WQCD pursues a violation based upon evidence collected by a DHG <br />inspector, the DH6 inspector will be available to present testimony and <br />expertise. Conversely, WQCD staff will be available to assist DHG in any <br />enforcement action of which they have knowledge and may be of assistance. <br />4. DMG shall not ieaue NOVs for self reported exceedancee ae submitted on WgCD <br />Discharge Monitoring Report (DtIIt) forme. <br />5. DHC shall, within ninety days of execution of this HOD, initiate rule making <br />so that NOVe issued by WQCD which cite a one day exceedance shall be <br />incorporated into the DHG Pattern of Violation and Show Cause processes. <br />6. For other violations at coal mining sites identified by WQCD in its day-to- <br />day activities, compliance and enforcement activities will be consistent with <br />procedures and times identified in the Enforcement Management System (EMS) <br />guidance document. <br />7. if an incident, other than described in item I or 2 of this section, occurs <br />that is a violation of requirements under the jurisdiction of both parties, <br />then the two parties shall meet to coordinate enforcement proceedings and <br />minimise, to the maximum extent possible, dual enforcement. <br />8. Zf during a coal mine inspection the DHG determines that there is imminent <br />danger to the health or safety of the public or significant envirorunental <br />harm to land, air or water resouces, the DHG shall issue a cessation Order <br />pursuant to the Rules for Coal Mining at 5.03.2. <br />In the event that a conflict develops regarding the issuance of a NOV or <br />other permit matters, the parties shall, ae soon as practical, meet in order <br />to resolve any differences, <br />2. The Divisions shall meet at least quarterly for the purposes of enhancing the <br />parties knowledge of respective priorities, issues and administrative <br />procedures. <br />