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- _ _ L ~~ SUN p ~ r`-/ In Reply Refer tos 4480 INE ttemorandum Tos Raymond L. Lowrie Assistant Director /s/ Fc'-crt H. Hager Proms Robert 11. IIagon, Director Albuquerque Field Office Subject: GEC t4lnerals, Inc. - Ten-Day Notice tie. A7-02-250-001 Attached is the documentation relating to Ten-Day notice (TDN) No. 87-02-250-001. This TDPt was issued to the Colorado Mined Land Reclamation Division (NERD) on tlarch 30, 1987, resultant to a atetieticel sample inspection of the GEC ttinerals, Inc., Permit No. C-81-037. The HERD response to the TDN indicates that enforcement actions will not be taken on [he performance standard violations observed during the OSMRE inspection. MLRD contends that alternative enforcement actions are being pursued and that the iesaance of Notices of Violation would be irteppropriete. The Albuquerque Field Office (AFO) believes the HERD response to be an alternative to enforcement instead of an alternative enforcement action. The MLRD proposal would avoid tine issuance of Notice of Violation and the resultant civil penalties. In addition, the Individual Civil Penalty process (corporate entity) and the possible inclusion on en Applicator Violation System (Failure to Abate CO) could not be utilized. iiLRD, therefore. does not appear to be proceeding with appropriate enforcement actions ae required by Sections 5.03 and 5.04 of the Colorado approved program. The AFO has recently learned Chet HERD has revoked the bond for CEC t•tinerals permit No. C-81-037. The violations included in the TDN, however, were in existence prior to the tSOnd forfeiture and ere the responsibility of [he permittee. Failure. on the part of tILRU, to take appropriate actions could circumvent the ICP and AVS processes as discussed above. STEVE (GECTDN)l., 5/27/87, tde-5 revised en 05/29/87 FILE CODE: INE