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<br />-3- <br />2. MLRD will deliver all water samples from point source discharges to <br />WQCD. The WQCD will bear the cost of analysis of point source discharge <br />samples within budget limitations. <br />3. MLRD will deliver water quality samples from non-point source discharges <br />for analysis to WQLD upon request of the WQCD, or as is necessary to <br />monitor the hydrologic balance in accordance with the Colorado Surface <br />' Coal Mining Reclamation Act. The WQCD will bear the cost of analysis of <br />non-point source discharge samples requested by the WQLD. MLRD will <br />bear the cost of analysis of non-point source discharge samples <br />requested by MLRD. <br />4. MLRD will make available to WQCD the hydrologic monitoring record and <br />inspection reports kept at the MLRD offices. <br />5. WQCD will advise MLRD of any problems observed during its inspections <br />which it feels may be of concern to MLRD. <br />Enforcement <br />As a matter of general practice, MLRD will be responsible for enforcing water <br />quality protection pertaining to the requirements for design and maintenance <br />of structures and the requirements to minimize disturbance to the hydrologic <br />balance from sources other than the point of discharge. The ~B will be <br />responsible for enforcing water quality control standards at the soint of <br />discharge. Enforcement procedures for determining and pursuing violations of <br />water quality protection requirements and violation of water quality standards <br />will be conducted in the following manner: <br />1. When the MLRD inspector believes there may be a violation of the CDES <br />requirements, the inspector will take a sample of the discharge in <br />accordance with the methods and techniques used by the WQCD. The sample <br />will be delivered to the Department of Health for analysis. <br />2. Whether there has been a violation of the CDES permit will be determined <br />by the WQCD. <br />3. When WQCD pursues a CDES violation based upon evidence collected by an <br />MLRD inspector, the MLRD inspector will be available to present <br />testimony and expertise. <br />4. If an incident occurs that is a violation of requirements to meet <br />effluent standards under the jurisdiction of both MLRD and WQCD, then <br />the two agencies will meet to coordinate enforcement proceedings and <br />eliminate dual enforcement. <br />5. Copies of enforcement records pertaining to the enforcement process for <br />water quality violations pursued by one agency will be transmitted to <br />the other agency. <br />/md <br />Doc. No. 1499 <br />