PERMFILE107950 - Laserfiche WebLink

Home Browse Search

Case No. 92-CW-059, Findings of Fact, Conclusions of Law and Decree of the Court Approving Conditional Appropriative Rights of Substitution and Exchange, Application of The City of Black Hawk, Page 17 34.h. The computation of actual seasonal poundage results of TP and TIN and of discharge concentrations of TP and TIN to measure excursions shall be based upon flow weighted composite samples collected and analyzed by the District no less frequently than every 4 days (e.g., Monday and Friday of one week; Tuesday and Saturday of the next week; Wednesday and Sunday of the next week, and so forth). The samples will be analyzed by a laboratory that holds appropriate State and Federal certifications for the TP and TIN analysis, and the cost of sampling and analysis shall be borne by the District. Copies of sampling results will be provided to Black Hawk and Central City, who will be responsible for providing copies, as received, to any stipulator that wishes to receive the results. Results may be provided in hard copy by mail, electronic format by a-mail or other manner that is convenient and satisfactory. Black Hawk, Central Ciry, Gilpin County, or the District may elect at any time to sample more frequently at the requestor's cost. With reasonable notice, any stipulator may request split samples from the District. Any stipulator may collect and analyze flow weighted composite samples independently at its own cost. 34.h.(I) In determining the number of days of TP and TIN excursions, the day on which a sample shows a TP or TIN excursion shall be counted, and every subsequent day until a subsequent sample does not show an excursion shall also be counted. For example, if a sample taken on a Monday shows an excursion, while the next sample, taken on the ensuing Friday, does not, then Monday, Tuesday, Wednesday, and Thursday shall all be counted as excursions. Further, all samples collected and analyzed by a certified laboratory and meeting acceptable quality assurance and quality control procedures shall be included in the calculation of seasonal poundage results. 34.i. Any findings regarding the quality of effluent as an augmentation source or substitute supply made herein, and in accordance with the stipulation in Cases Nos. 92-CW- 059, 94-CW-036, 92-CW-168 and 94-CW-277 among Black Hawk, Central City, Gilpin County, the cities of Thornton, Westminster and Northglenn, the Farmers' High Line Canal and Reservoir Company, et al., filed January 31, 2000, are the result of compromise and settlement among the parties in the specific circumstances of these cases. 35. Applicant has stipulated with Arvada that Applicant shall be entitled to use treated wastewater from the Black Hawk -Central City Sanitation District's existing wastewater treatment plant on North Clear Creek and/or the New Plant as a source of substitute supply in an exchange and/or as credit against out-of-priority diversions or depletions in a plan for augmentation only at times and to the extent such treated wastewater is discharged incompliance with an approved CDPS or NPDES discharge permit (or equivalent, if the permitting agency changes) which includes discharge limitations that are protective of water supply use from those portions of Clear Creek