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As explained in the inspection report dated March 23 through <br />March 30, 1993, the operator undertook several remedial actions <br />to stop the discharge after the Cessation Order was issued on <br />Thursday. Basin Resources discovered three separate problems <br />associated with the mine water discharge system contributed to <br />the issuance of the Cessation Order. The first problem the <br />operator was fully aware of. The flocculent pump at the Pond 2 <br />system had not been functioning since Monday, March 22. Pond 2 <br />is the primary pond for treating mine water. In order to repair <br />the pump, mine water was diverted to Pond 3. (It is an approved <br />pond to handle mine water.) By diverting the water to Pond 3 the <br />operator had hoped to fix the floc pump on Monday and continue <br />treating the water. However, the inspectors arrived, and the <br />repair plans were delayed. The mine water continued going into <br />Pond 3 for the next several days. Early Thursday morning Mr. <br />Thompson checked the water level in Pond 3. He felt there had <br />been sufficient settling time to achieve TSS standards, so he <br />opened the discharge valve with the intent of closing it shortly <br />thereafter. However, he was diverted by the continuation of the <br />inspection. The second contributing problem occurred in the <br />mine. Underground water is pumped into a three celled slump. <br />One cell had slumped, and it was a major source of the poor water <br />quality. The third problem was that the pond 3 discharge pipe had <br />a hole in it. Not realizing this the inspectors and the operator <br />thought there was a leak in the discharge valve. A contractor on <br />site advised them that the pipe had been repaired a couple of <br />years ago and that it might be leaking again. This information, <br />from the contractor, allowed the operator to repair the leak from <br />the outlet. <br />I believe the Cessation Order was appropriate. Even though the <br />mine water was in compliance, it did not appear to be at the time <br />and there was off site contamination, in the form of coal fines, <br />along the Pond 3 discharge route and in the Purgatoire River. <br />Several problems with the mine water handling were identified <br />that contributed to the problems. Because of the multiple system <br />failures, I believe the operator failed to conduct mining <br />operations to minimize water pollution. <br />The proposed civil penalty was: <br />History $50.00 <br />Seriousness $1750.00 <br />Fault $1500.00 <br />Number of Days -$750 x 2 $1500.00 <br />Good Faith 0.00 <br />TOTAL $4800.00 <br />History <br />The history component was not disputed. <br />Seriousness <br />The Assessment Officer proposed the maximum amount for <br />