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<br />30, 1992 were due annually on October 28. <br />6. On October 20, 1992, a representative of the Division inspected the operation. A <br />discharge was observed from the operation at a point which the operator described as outfall 001 <br />in the permit. According to the Division representative, discharge was occurring from several <br />points and a discrete discharge point 001 had not been created. A sample of the discharge was <br />collected and analyzed. The operator declined a split of the sample. The results of the analysis <br />showed the following level of pollutants: <br />Pollutant Concentration <br />Total Suspended Solids, mg/l 39 <br />pH, s. u. 8.5 <br />7. On January 28, 1993, a representative of the Division inspected the operation. No <br />process water was being discharged from the operation. However, runoff was observed from the <br />site. <br />8. In a letter dated January 29, 1993, Telluride Gravel was reminded of the requirement to <br />hold both a stormwater and process water discharge permit. <br />9. On March 22, 1993, a representative of the Division observed a gravel washing taking <br />place at the operation and water flowing from the wash plant into the settling ponds. <br />10. Discharges from the operation contain pollutants as defined by 25-8-103(15), C.R.S. <br />(1989 Repl. Vol. 11A and 1992 Supp.). <br />I1. The San Miguel River is "state waters" as defined by 25-8-103(19), C.R.S. (1989 Repl. <br />Vol. 11A and 1992 Supp.). <br />12. The settling ponds are each a "point source" as defined by 25-8-103(14), C.R.S. (1989 <br />Repl. Vol. 11A and 1992 Supp.). <br />13. At no time after September 30, 1992 did Telluride Gravel have an active permit to <br />authorize a discharge of pollutants into state waters from a process water point source. <br />14. At no time relevant to the above-stated facts did Telluride Gravel have an active permit <br />to authorize a discharge of stormwater into state waters from a point source. <br />NOTICE OF VIOLATION <br />You are hereby notified that the facts stated above constitute violations of 25-8-510(1), <br />C.R.S. (1989 Repl. Vol. 11A and 1992 Supp.), which provides in pertinent part: "No person shall <br />discharge any pollutant into any state water from a point source without first having obtained a <br />permit from the Division for such discharge" for each day of discharge. <br />