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Section III - Comments and Compliance (cont'd. ) <br /> Page 2 <br /> i <br /> In ,an inspection report of July 7, 1982, the Division noted <br /> that the slurry pond was nearing capacity and should be cleaned during <br /> the summer. A compliance deadline of August 15, 1982 was established at <br /> that time. That compliance deadline was subsequently extended to October <br /> 1, 1982, and extended again to November 15, 1982 due to equipment <br /> problems. Jim Herron of the Division noted in the October 28, 1982 <br /> inspection report that "if [the slurry pond] fills up and overflows, it <br /> may overload the sediment ponds below the coal refuse pile". The <br /> operator failed to meet the November 15 deadline, but an NOV was not <br /> issued at that time due to the fact that no environmental degradation had <br /> resulted. The operator was noted as being delinquent and the Division <br /> indicated that an NOV would "not be issued for failure to clean out the <br /> slurry pond unless the situation contributes to environmental <br /> degradation." <br /> This situation was discussed with Mr. Bowman on the 12th and I _ <br /> indicated that, given the nature and history of the problem, an NOV would <br /> almost certainly be issued. Mr. Bowman indicated that measures would be <br /> undertaken immediately to resolve the problem. On a follow-up inspection <br /> on the 13th, a dragline was cleaning out the slurry pond and was <br /> scheduled to clean the 2 sediment ponds below the refuse pile upon <br /> completion. Water was still being discharged from the' wash plant and <br /> entering the sediment control system. Discolored water was also still <br /> being discharged into Coal Creek. Water samples were collected and <br /> subsequently, the Department of Health, Water Quality .Control Division, <br /> has been notified of the situation. <br /> NOV 83-13 will be issued for failure to maintain the sediment <br /> control system. <br />