ENFORCE32779 - Laserfiche WebLink

Home Browse Search

r SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-032 Assessment Conference summary NOV C-93-032 was issued by David Berry of the Division on April 6, 1993, based on a pond discharge sample he collected on an inspection of February 23, 1993. The NOV was issued based on discharge from the Sanborn Creek Mine dewatering treatment pond. Effluent sampled by Mr. Berry on that date was analyzed by the Department of Health, and a total suspended solids level (TSS) of 83 mg/1 was measured. The applicable NPDES effluent limit is 70 mg/1. Mr. Shuey indicated that Sanborn Creek, which the pond discharges directly into, was flowing relatively clear at the time the sample was collected. Mr. Shuey and Mr. Wright estimated an effluent discharge of approximately 60 to 10o gpm, and Mr. Shuey indicated that discolored effluent was visible along the edge of the stream for some distance below its point of entry. Sanborn Creek is not a perennial stream and does not support a fishery. It is tributary to the North Fork of the Gunnison. No flow estimate for Sanborn Creek was made at the time of the discharge sample, and the creek was not sampled. Fact of Violation Mr. Wright did not dispute the TSS analysis which indicated an exceedance of the discharge permit. I find that the NOV was appropriately issued. Civil Penalty Assessment Proposed Penalty Assessment History $ 100.00 Seriousness 1250.00 Fault 1500.00 Good Faith -250.00 Total $2600.00 History The History component was not disputed. Seriousness Evidence demonstrates that a TSS exceedance occurred, but no actual environmental harm was not demonstrated. A potential for siltation of Sanborn Creek appears to have existed based on the description of discolored effluent entering a relatively clear stream, but the potential seriousness is lessened somewhat due to the fact that Sanborn Creek is not a perennial stream. Given the effluent flow