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JI <br />Annette Quill <br />Dave ~lkcrs <br />June 12,2000 <br />Page 3 <br />all ,ed Vioi:uion or citation, and a corrcchvr ;ictiun order by ~.hc Mined Land R.c]ama- <br />tinn 13oard (MLRLIj, one NOV li'om the L[PA, and one NOV ;roue the CDPHE. ~fhcsc <br />problems included a knowing or willful violation of the Mined Land [reclamation Act <br />(for havinb excessive cyanide levels in its tailins facility); a :orrective aotion ardcr for <br />the rolcasc of cyanidc•contamin,ried fluids from the va: Icach systems (which required the <br />rcinoval of significant amounts of contaminated sail), and no•H a hvo-year violation for <br />an Unpermitted discharge of pollutants to waters ot'the United Slates, among outer <br />problems. This track record IS not indicative of an ope:•ation for which only minimal <br />fault should be assessed. <br />As will be discrtsscd below, iitfonntition produced by BM through its Mi.Rfi <br />permit and Technical Revisions (TRs) clearly demonstrated that these discharges would <br />occur and that the existing water quality problems were likely. [t is not the case that <br />"SM could not roasonably have been expected to be aware of the circumstances which <br />lecl to the violations at issue," as is srttcd on p. ~, ¶ 3 of the sculement. in Fact, [hcsc <br />problems were predicted a decade ago by the CCCI) and local citizens. Tn this situation, <br />we have difficulty undcrs4vrding why the state of Colorado continues to defer to Bbi. <br />The NOV issued by EPr1 caltcd upon the state of Colorado to appropriately penilize HM <br />for its violations of the Clean Water Act. "that has not been done. <br />2. Cessation of Unpermitted Discharges has nat UceUrnd <br />The terms of the CDPH1r's NOV and Cease and ncsist Order roquircd that BM cease the <br />Unpermitted discharge of pollutants into the Rito Scco. That Iras not occurred. ~'he <br />proposed settlernent relics upon "fR-2l, which proposes a groundwater pumping scheme <br />to trovcrsc the hydraulic gndicnt and thereby slop the discharge from the West Pit to the <br />Rito Suco alluvium. Surface avatar discharges (the tip of t}te iceberg) have been reduced, ~7-r4coas <br />but they have not ceased. Site obscrvntions throughout this discharge, and as recenll~ ~ ~ <br />April 30, 2000, indicata that surface seepage continues. Mo 1f mpot•tan-t y roundwater ~' ,q~ <br />discharges (the body of the iceberg) have not ceased either. DMG has noted in writing ~Se~~SQ.ePS <br />"that the potential for acid mine drainage axists at this site. See attached memo from S~~ <br />,Harry Posey to Jim Diilie, dateil !)/10/>~. Dfvt(i notes that conccrttrations of sc~rcral ~"0x~~~ <br />clerttents in some backfill wells exceed surface water standards, drinking water and <br />agricultural standards, and groundwater nuuicric protection levels. See attached mem~.~ <br />from {tarry Posey to Jim Dillic, dated 9/10/99. Therefore, L3~t has not promptl~r <br />corrected its violations, as asserted nn p. 6, 7 d(a) of the scalzment. Furtherntore, ground <br />and surface water quality dalrr collected downstream of the pit, from 1999 and :!000, <br />~ V~OLIO-r.dL..l,b a •.•~ Itl~~nO ql <br />