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NOV C-85-012 -Foidel Creek - 3 - March 7, 1985 <br />Foidel Creek records indicate that samples were collected, beginning in <br />October, 1984 prior to waste placement. However, required analyses <br />were not run until February, 1985, after the NOV was issued. Based on <br />EPA recommended holding times, the analyses for Hg (38-day holding <br />time), TDS (24 days), and SOq (7 days) are not valid. <br />Based on the failure of the Operator to analyze data and submit to the <br />Division as required, it can be concluded that enforcement was <br />significantly obstructed. If data collected after waste placement had <br />indicated detrimental impacts to water quality compared to data <br />collected prior to waste placement, modifications to the disposal plan <br />may have been required. Since data was not analyzed in a timely <br />manner, neither the operator not the Division could have recognized <br />problems and taken corrective measures, if approporiate. Additionally, <br />due to holding time limitation, a comparison of pre-disposal and <br />post-disposal mercury, sulfate, and TDS levels cannot be made. <br />A seriousness component of $815.00 (1/2 of $1,750.00) is proposed for <br />Item 2 of the NOV. <br />Seriousness Total $ 1,141.00 <br />Fault - maximum penalty of $1,500.00 <br />The violation, failure to monitor and submit required analyses, is <br />clearly a result of operator negligence. Monitoring and analytical <br />requirements were imposed by the permit and specified in Division <br />approval documents. The operator is responsible for being aware of and <br />implementing permit requirements. Based on the apparent indifference <br />shown by the operator in carrying out permit requirements, a fault <br />component of $750.00 (maximum allowable for negligence) is proposed. <br />Fault Total: $ 750.00 <br />Summary <br />History <br />Seriousness <br />Fault <br />TOTAL: <br />/wjh <br />8345E <br />$ o.oo <br />1,141.00 <br />750.00 <br />$ 1,891.00 <br />