1992-04-22_REVISION - M1988112

• Permit No: M1988112
• IBM Index Class Name: REVISION
• Doc Date: 4/22/1992
• Doc Name: MINUTES MLRB
• Type & Sequence: AM1
• Media Type: D
• Archive: No

• DR~tFT
Minutes, Apri 1 22-23, 1992 Subject To Board Approval 21
its responsibility for the use of CyTox in the operation. Staff also
discussed the dates for submittals or compliance with requirements of
the 12 abatement requirements.
Mr. Frank Johnson, the Assistant Attorney General, clarified that
although audio and visual recordings were being n~ade of this
proceeding, the official record of the proceeding was ~:onsidered the
one compiled by the Board's Secretary. He said there had been no
objection to the operator proceeding with a presentation at this time,
or with the issue of civil penalties being considered at a later time
during the hearing.
At the Board's request, Becky Ramsey, who was making an audio tape of
the proceedings, introduced herself and stated that she was with the
High Plains News Service which she said is a public radio program aired
throughout the west. Mr. Patrick Weldon stated that he was hired to
produce a video tape of the proceedings by the Costilla County
Concerned Citizens.
It was MOVED that the Board grant party status to the People's
Alternative Energy Sources and the Concern Citizens of Costilla County
(one group) and the Costilla County Conservancy District. SECONDED AND
PASSED UNANIMOUSLY (Kraeger-Rovey, Cooley, Jouflas, Stewart, Danielson,
Danni and Cattany>.
Mr. Dean Massey, an attorney representing the operator, introduced Carl
Ellers, CEO of the company, and Andre Duchane, vice president of North
American operations for the operator.
Mr. Massey briefly addressed the following issues: I> requested a copy
of the video tape, 2) no-contest to the late notice of groups
requesting party status--said the operator feels the citi;;ens from the
area should continue to be involved in these p~~oceed ngs if they
desire, 3) reports to the DOW of duck carcasses disco~~ered at the
pond--these have been sent to labs for testing, but the results of the
analyses have not been received and 4) a problem related to the
submittal of monitoring results--Mr. Massey said that the operator
plans to submit copies of all prior submittals to the Di•iision within
10 days.
Mr. Massey said the facts presented by the Division are accurate and
will not be disputed by the operator, rather some clarif cations will
be made. He said ambiguity exists regarding the monitoring
requirements in that monitoring of the treatment systert for pH was
addressed, rather than cyanide. Mr. Massey said there was no
requirement for monitoring of the tailings pond, but that monitoring of
the collection pond was required.
Mr. Massey said the operator recognizes that the level; of cyanide
included in the tailings are not consistent with the 3.8 and 4.4 levels
anticipated at the time of permit issuance. He said the• operator is
fully committed to dealing with the issue through modific~.tions to the
permit. Mr. Massey discussed the responses taken by the operator to