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III IIIIIIIIIIIII III INTEROFFICE MEMORANDUM TO: FOmELCREEK~ ES PERMIT CO-OOa?161 FROM: JAI~rET BQ~ ~ SUBJECT: MIPiE IS W TER ILLS AT FISHCItEEKBOREHOLE DATE: 03/2a 999 CC: DAN HERNANDEZ [ called Carla Lenkey of CDPH&E on 3/23/99 to confirm that Twentymile Coal Company has been in communication with her regarding the spills at the Fish Creek Borehole, and I wanted to have an indication if CDPHBcE considered that they would take enforcement action. Carla returned my call on 3/24/99. She has been contacted by Twentymile Coal Company for both spills. She had not received the written notification letters yet. Since this is a permitted dischazge, even if Twentymile Coal Company by-passed the treatment facility they would still be required to report this discharge. Even though it is not passing through the permitted dischazge point (it has bypassed) the dischazge would still be required to meet the effluent limits. One exceedence of their effluent limits does not necessazily constitute a violation. CDPH&E watches a permit closely once they see non-compliance, they will submit information to the District Engineer for the particular County. They will watch dischazges fora "period of time", usually a minimum of 3 months, and see if there is a pattern of that exceeds the "significant non-compliance" criteria, then they may take enforcement action. At this point in time Cazla did believe that they are seeing and enforcement scenario. If Twentymile Coal Company was not making efforts to treat their discharge and repair their "bypass", then CDPH&E would be more concerned. I asked if there would be any conflict with CDPH&E if CDMG found Twentymile Coal Company out of compliance with their DMG permit and took enforcement action. She - thought not, but would want us to keep her informed of what actions we pursue. Send her copies of any enforcement we might take.