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~,. AGRESt~NT JUSTIFICATION NOV C-96-010 Notice of Violation (NOV) C-96-010 was issued for "Failure to minimize disturbance to the hydrologic balance; failure to operate and maintain facilities to treat underground mine water discharges to meet effluent limits in the mine's CPDS permit". Barbara Pavlik, former Division employee, issued the NOV to Powderhorn on May 1, 1996 via certified mail. During her March 28, 1996 inspection of the Roadside mine, Ms. Pavlik noted that the discharge from CDPES outfall 004 appeared cloudy. Trierefore, a sample of the outfall discharge was obtained and analyzed. The laboratory analysis found that the total suspended solids (TSS) level was 84 mg/1, which exceeds the applicable discharge standard of 70 mg/1. Mr. Larry Reschke and Mr. Richard Reisinger represented Powderhorn Coal. They did not contest the facts of the violation. Mr. Reschke noted that he had performed visual observations of the discharge the week before the non-compliant discharge was sampled, and the day after the sampling occurred. In both instances, the discharge appeared to be clear. information provided from four previous sampling events conducted over the preceding four months indicates that the discharge was well within the effluent limitations, but that the TSS content was slightly elevating. The representatives of Powderhorn Coal Company did contest the amount of civil penalty, which was: History $100 Seriousness $1,250 Fault $750 Good Faith $0 Total $2,100 History There have been two NOV's issued during the past twelve months. Seriousness The discharge occurred for a short period of time. The discharge is estimated to have occurred for one day. The level of TSS is relatively low when compared to that of the Colorado River, which is the receiving stream. The volume of flow and the TSS level of the receiving stream relative to that of the non-compliant discharge must be considered in computing the seriousness component. However, given the fact that an off site discharge of non-compliant mine water to a receiving stream did occur, I find that a moderate degree of seriousness is warranted. I am recommending $750 for seriousness.