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<br />;~ 8. On December 7, 1984, the division issued to Colorado Yampa a
<br />/'' notice of violation and cease and desist order ("notice° and "order") a copy
<br />/' of which is attached hereto as exhibit A and incorporated herein by reference.
<br />~~ 9. The notice and order were based upon a finding that, inter alia,
<br />the concentrations of iron, silver, zinc and copper discharged at outfall 005
<br />exceeded the concentrations allowed by the permit.
<br />10. Paragraph 1 of the order required Colorado Yampa to take those
<br />measures necessary to cease and desist all discharges of wastewater into state
<br />waters which are in violation of the permit.
<br />11. On January 4, 1984, Colorado Yampa responded to the notice and
<br />order and at that time, filed a request for a hearing on the findings. At
<br />this time, the hearing request is still pending.
<br />NOTICE OF VIOLATION
<br />You are hereby notified that the facts stated above constitute 32
<br />violations of the permit, as set forth below:
<br />1. The concentration of silver in the discharge from outfall 005 on
<br />January 3, January 7, January 14, January 23, January 30, February 4,
<br />February 11, February 18, February 26, March 4, March 11, March 18, March 26,
<br />April 1, April 8, April 15, April 22, April 29, May 6, June 4, June 10 and
<br />June 24, 1985, exceeded the daily maximum allowed by the permit of 0.0002
<br />mg/1, as determined by a single grab sample.
<br />2. The monthly average concentration of silver in the discharge
<br />from outfall 005 in January, February, March, April, May and June, 1985,
<br />exceeded the 30-day average allowed by the permit of 0.0001 mg/l, as
<br />determined by the arithmetic mean of a minimum of three consecutive samples
<br />taken on separate weeks in a 30-day period.
<br />3. The concentration of zinc in the discharge from outfall 005 on
<br />February 11 and Piarch 26, 1985, exceeded the daily maximum allowed by the
<br />permit of 0.1 mg/1, as determined by a single grab sample.
<br />4. The monthly average concentration of zinc in the discharge from
<br />outfall 005 during February and March, 1985, exceeded the 30-day average
<br />allowed by the permit of 0.05 mg/1, as determined by the arithmetic mean of a
<br />minimum of three consecutive samples taken on separate weeks in a 30-day
<br />period.
<br />You are further notified that the information contained in
<br />paragraphs 5, 6 and 7 of the findings of fact constitutes a violatio^ of
<br />paragraph 1 of the December 7, 1984, cease and desist order which states:
<br />1. immediately cease and desist all discharges
<br />of wastewater into state waters which are in
<br />violation of the permit;
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