ENFORCE35782

• Permit No: M1983141
• IBM Index Class Name: Enforcement
• Doc Date: 5/27/1992
• Doc Name: MUNITES M-83-141
• Media Type: D
• Archive: No

•
Minutes, May 21-28, 1992
D RAFT
Subject To Board Approval 41
Staff said that both operators agreed that a discharge occurred on
October 25, 1991.
It was MOVED that the Board find the operators in violation of C.R.S.
34-32-116-7(g) and Rule 6.2, specifically for repeated failure to
provide or confirm the permitted water plan, order that the cease and
desist order remain in place until the Division is satisfied that the
water plan has been confirmed and direct the Division to evaluate the
agreement presented by the parties to see if any other information is
needed to clarify the type of water plan to be used and that it will be
functional. SECONDED AND PASSED UNANIMOUSLY (Cooley, Stewart,
Danielson, Danni and Cattany); Kraeger-Rovey and Jouflas not present
for the vote.
It was MOVED that the Board assess a civil penalty at a rate of $100
per day for 123 days of violation for a total of $12,300. SECONDED.
It was MOVED that the Board amend the Motion to assess a civil penalty
in the amount of $12,300, order the civil penalty to be due and payable
the day after the next Board Meeting and, dependent upon advice by the
Division that the issues related to this matter have been resolved, the
civil penalty will be reduced to $6,150. SECONDED AND MOTION FAILED 2
for (Stewart and Danni); 3 against (Cooley, Danielson and Cattany);
Kraeger-Rovey and Jouflas not present for the vote.
The Motion assessing a $12,300 civil penalty PASSED 3 for (Cooley,
Danielson and Cattany); 2 against (Stewart and Danni); Kraeger-Rovey
and Jouflas not present for the vote.
Staff presented EXHIBIT G, a presentation form, regarding the matter of
the 2nd possible violation, failure to contain tailings in the tailings
impoundment. Staff said 3 inspections were conducted in 1992. Staff
discussed the areas disturbed by spilled tailings and the 3 inspections.
Staff said that most of the areas had been cleaned up, however, a lower
area still needs to be addressed.
Staff recommended that the Board find the operator in violation, issue
a cease and desist order on the milt until the Division is satisfied
that corrective actions are completed and assess a civil penalty in the
amount of $135 per day for 14 days of violation or $1,890, with no
suspension.
Mr. Tatman briefly stated that COM, Inc. was not responsible for all of
the tailings found on the site; he said some were left from previous
operations.
Mr. Henderson stated that Gold Hill Ventures had not operated the site
since 1988 and was not responsible for the spill from the tailings area.
In response to an inquiry from the Board, Staff said an error had been
made in the calculation of the days of duration of the violation.
Calculating the violation from February 13 to March 26, 1992, the total
days of violation would be 42 days, rather than 14 days.