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<br />_-, <br />NOV C-92-020 <br />This NOV was issued for failure to maintain adequate treatment <br />capacity and failure to maintain discharge structures in sediment <br />ponds. <br />HISTORY <br />Two NOV's (C-91-013 and 014) have been issued to TBM during the <br />past twelve months Both of these NOV's are still in the review <br />process so, there are no NOV's affecting the history component of <br />this penalty. <br />SERIOUSNESS <br />No damage had resulted from this violation as of the date of the <br />inspection. However, the potential for damage existed because <br />little or no capacity remained in the ponds cited. The design <br />requirements for the ponds indicate that capacity to pass a 10- <br />year, 24-hour storm event in compliance with effluent limits in the <br />mine's NPDES permit must be maintained. Potential damages <br />resulting from this violation include discharges out of compliance <br />with the NPDES permit, excess erosion from water flowing over the <br />pond embankment and potential failure of the pond. These damages <br />would extend beyond the permit area. <br />FAULT <br />The operator was negligent in not maintaining the ponds as <br />designed. Discharge structures should have been maintained so as <br />to allow passage of the water that collected in the ponds. <br />GOOD FAITH <br />Good faith is not applicable here since there is no evidence that <br />the violation has been abated <br />c:\wp51\1r910b <br />