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12ito/98 'rHC~ 18:1J Fa.Y • • foot Discharges from a pond or refuse pile can easily be traced to their sourer. Thus, even though tunoffmay be caused by rainfall or snow melt percolating ~hrough a pond or refuse pile, the dischazge is from a point source because the por}d or pile acts to collect and channel contaminated water. Washington Wilderness Coalition et al v Hecla Minin Comoany, 870 F. Sup~983, 988 (E.D. Wash. 1994) citin Trustees for Alaska v. FpA, 749 F.2d 549 (9th Cir. 1984)(0 er citations omitted). !n this case, since it is clear that the West Pit is hydrologically connecte to the Rito Seco, releases from the Pit into the ground water that soon reach the stream are considered point source discharges. As noted by EPA Region VIII: We found some mines had seeps or other ground water dischazges to s ace water which were not authorized in the faciliry's NPDES permit. There were so some mines without an NPDES permit which had claimed to be "non-dischar 'ng". However, upon inspection, these facilities were found to be discharging hrough seeps and water control structures. These facilities are now being requt ed to obtain NPDES permits covering all outfa/ls including ground water dis urges determined to be hydrologically connected to surface water.... It is the ore, EPA's position that seeps and other ground water discharges hydrologic ly ~ connected to surface waters from Hynes, either active or abandoned, are lischazges from point sources and are subject to regulation through NPDES permit. Letter from Max Dodson, Director, Region VIR Water Management Division to Dan Fraser, Chief, Montana Water Quality Bureau, Re: NPDES Permit Issues, !Yard Rock Mines, d red Dec. 22, 1993 at p. 2 In this case, BMRI has a "zero dischazge" storm water runoff permit that does not authorize any discharges from the West Pit into the Rito Seco. As such, the discharge fro the West Pit into the Rito Seco should be immediately investigated. Based on the information av '!able to date, it appears that an unpermitted discharge has and is occurring. If your investigatio cottfums this. we request that the Division utilize its full authority to take whatever actions are ne ssary to bring the discharger into strict compliance with the law as soon as possible. Appropriate ivil penalties and/or fines under the law may also be appropriate depending on the result of yo(tr investigation. We look fornard to your response to these serious questions. Thank your Attorney for the e ltemative Energy Services