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Ms. Lynette Myers <br />Colorado Department of Public Health and Environment <br />July 30, 2008 <br />Page 3 <br />days of receipt of this letter. The amended DMRs to be provided in connection with <br />Paragraph 1, will include the potentially dissolved iron and total recoverable iron <br />exceedances. <br />3. Compliance Schedule for Total Recoverable Iron: MCC was required to achieve <br />compliance with the final effluent limitations for Outfall 017A for total recoverable iron <br />by January 1, 2007, in accordance with the compliance schedule in CDPS Permit No. <br />CO-0038776, Part I.A.4. MCC did not send to CDPHE a plan for approval, progress <br />reports, or implementation results demonstrating compliance according to the schedule <br />established in the permit. MCC will submit a plan to CDPHE within 60 days of the date <br />of this letter for its review. A schedule for achieving compliance with the final effluent <br />limitations for Outfall 017A for total recoverable iron will be provided in the plan. <br />4. Reporting Exceedances to the Division of Reclamation Mining and Safety ("DRMS' ): <br />MCC is required to notify DRMS within five (5) days of receipt of analytical results <br />which indicate that noncompliance with a permit condition or applicable standard has <br />occurred. If noncompliance with a NPDES permit effluent limitation has occurred, MCC <br />is required to forward the analytic results concurrently with the written notice of <br />noncompliance. MCC has not notified or provided the required information to DRMS as <br />required by 2 CCR 407-2 (Rule 4.05.13(2)(a)(ii)) for potentially dissolved iron and total <br />recoverable iron. MCC will provide DRMS the appropriate amended DMRs and <br />laboratory data within 60 days of this letter. <br />5. Late Discharge Monitoring Reports: MCC did not submit certain DMRs in a timely <br />manner as required by the CDPS Permit No. CO-0038776, Part I.E.1 and as described in <br />Table 1. <br />6. Update of the Materials Containment Plan ("MCP"): MCC was required to update and <br />submit to CDPHE the MCP within ninety (90) days of affected date of CDPS Permit No. <br />CO-0038776. MCC did not submit the updated MCP to CDPHE by the third or fourth <br />quarter of 2004, as required by CDPS Permit No. CO-0038776, Part I.D.1. MCC will <br />submit the updated MCP, which is being incorporated into the Spill Prevention Control <br />and Countermeasure Plan ("SPCC Plan"), to CDPHE within 60 days of the date of this <br />letter. <br />7. Review of the MCP on an Annual Basis: MCC was required to review and update the <br />MCP on an annual basis, as required under CDPS Permit No. CO-0038776, Part I.D.I.g. <br />MCC cannot identify any documentation to substantiate that an annual review of the <br />MCP occurred in 2005 and 2006. A review did occur in 2007. As mentioned in <br />Paragraph 5 above, MCC is incorporating the MCP into its SPCC Plan. <br />8. Storm Water Management Annual Reports: MCC is required to submit annual storm <br />water reports to CDPHE in accordance with CDPS Permit No. CO-0038776, Part I.D.2.g. <br />MCC conducts and documents storm water inspections and reports the results of the