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Annette Qcill <br />Dave Akers <br />June 12, 2000 <br />Page 5 <br />Storm taster ~lsnsgement 1'Irn <br />The scttlcmcnt incon'cctly asscrti that there aacc not becu cotuplianee problems at the <br />site. ~Iosl spe•_•if tally it fails to address cltaugcs made to the West Pit BY1P outiet, and <br />discharges from the outlet which were rdc; ,cd into the Rito Seco alluvial aquiICr (a <br />tributary aquifer to the Rito Scco). 1'utthennore, it fails to address the inadcquary of <br />Rat's storm water manttgemcnt in the Fast ~ nd Wcst Pit as ~ti•cil as Waste Rocl: l'ilc C. <br />Construction and development activities have reduced the capacity of the Wcst Pit to <br />handle storm water from the above-mentio::cd areas and presently BM is increasing the <br />capacity to handle such storm water.. Unfortunately, the improvements intereepi. <br />drainage tram at least two additional sub-drainages and include a spilhvay whic~ drains <br />to the Rito Seco alluvium (a tributary aquifer to the Rito Seco creek). <br />On Mny 2d, ?000, Kathryn Dolan, Stornnvatcr Program Coordinator for CDI'H , wrote <br />to HM scckiitg amendments to Dtvi's stonn•.vater management plan since hfay, 1994, and <br />rcfercncin; potential concerns about sWrmwatcr ntanagcment. The results of the inquiry <br />should he considered prior to finalizinS the settlament. <br />8. llttrstion of'Uiscltarges <br />The scttlcmcnt fails to adequately address the duration of the discharges. (a) The facility <br />is still trot pcnttittcd to discharge, yet discharges underground and through the seeps <br />continue. Tltc settlement terminates the. clays of violation at the date ou which BM <br />applied for a discharge pcrntit. Tltc proper approach is to terminate the days of violation <br />only upon issua»cc of the permit to BM. The applicable federal rt;gulations provide as <br />follows: <br />SCC. 122.21 Application for a permit (applicable to Slate programs, sec :ice, <br />123.2) <br />(c) Tintc to apply. (1) Any person proposing a new discharge, shall submit an <br />application a[ least 180 days beforu tltc date on witiclt tltc discharge is to conr- <br />mencc, unless permission for a later date has been granted by the Dircetc r.... <br />Porsons proposing a new discltargc arc encottragcd to submit their applications <br />well is advance of the 90 or 180 day requirements to avoid delay. <br />rv+ei oeiwnuv wy~.: r,n .mimua-w <br />