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S. S. Shuey -4- February 23, 1994 <br />------------------------------------------------------------------ <br />------------------------------------------------------------------ <br />Although the rules were not followed, the risk to adjacent property <br />damage was virtually nil. This violation is not the result of the <br />unwarranted (unjustified) failure of Somerset to comply with the <br />Rules. The lack of knowledge of the rules is not considered <br />unwarranted. <br />Somerset does not believe a pattern of violations exist. As outlined <br />below, the violations are a result of two operations problems, one <br />underground and one surface, two maintenance problems, one problem <br />with construction sequencing, one permit defect, and one lack of <br />knowledge of the rules. <br />C-92-033 <br />Problem with sequencing the <br />ponds. <br />Permit defect. <br />Surface operations problem. <br />construction of new sediment <br />C-92--034 <br />C-93-007 <br />C-93-032 <br />C-93-068 <br />C-93-117 <br />C-93-118 <br />Water treatment system operations problem. <br />Maintenance problem. <br />Maintenance problem. <br />Lack of knowledge of the rules. <br />Please let us know if the Division would like to meet again to further <br />discuss this matter. <br />Sincerely', <br />Jim Stover, P.E. <br />Consulting Engineer <br />cc: Walter Wright <br />