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<br />NOV C-94-002 <br />Somerset Mine <br />This NOV was issued for failure of pond discharge to met NPDES <br />effluent limits for suspended solids. <br />HISTORY <br />Five NOV's have been issued at this site during the past twelve <br />months. They are NOV's C-93-007, 032, 068, 117 and 118. All of <br />these NOV's were upheld during the appeal process. $250 is <br />assessed for history. <br />SERIOUSNESS <br />While the duration of the out-of-compliance discharge is unknown, <br />there was an off-site discharge of mine water which was out of <br />compliance with the mine's NPDES effluent limit for suspended <br />solids. Disturbance to the hydrologic balance outside the permit <br />area occurred. The available evidence indicates this disturbance <br />was of a physical nature (due to suspended solids) and did not <br />include any toxic discharge. $750 is assessed for moderate <br />seriousness. <br />FAULT <br />The illegal discharge apparently resulted from rerouting mine water <br />discharge from its usual discharge path. There is no indication <br />that the operator took this action to intentionally cause a <br />violation. However, the operator was negligent in not taking <br />preventative or alternate measures to treat the discharge while it <br />was being rerouted. $500 is assessed for negligence. <br />GOOD FAITH <br />There is no evidence of rapid or extraordinary compliance in the <br />file to this time. No credit for good faith is awarded. <br />c:\wp51\2894 <br />