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this review, MCC determined that certain originally reported WET failures were a <br />result of improper WET testing protocols for the following. reporting periods: <br />MCC <br />WHOLE EFFLUENT TOXICITY <br />Test Date or <br />Monitoring Period Originally reported <br />D. magna Results Follow Up Investigation <br />Revised D. magna Results <br />2"a Q 2004 Fail Fail <br /> Fail (acc Pass <br /> Fail acc Pass <br /> Fail (ace) Pass <br />3` Q 2004 Fail Pass <br /> Fail <br /> Fail acc) <br /> Fail acc) <br />3- 2005 Fail Pass <br />4 2005 Fail Pass <br />1st 2006 Fail Pass <br />PERMIT MODIFICATION <br />38. During the course of the MCC voluntary self-evaluation process, MCC submitted a permit <br />modification request. to the Division on October 30, 2008 justifying the modification or removal of <br />certain effluent limits from the Permit because of the resegmentation of the receiving waters. The <br />Division issued a modified Permit that became effective on May 1, 2009. As stated in the May 1, 2009 <br />Permit Rationale, the following modifications were justified and approved by the Division: <br />a. Removal of the requirement to monitor and report potentially dissolved iron (Fe, PD) for <br />Outfall 017; <br />b. Modification of the total suspended solids (TSS) limits for Outfall 007; <br />C. Modification of the percent removal requirement for five day, biochemical oxygen demand <br />(BOD5) and TSS for Outfall 007; <br />d. Authorization of an outfall from a storm water sedimentation pond that was not <br />authorized; and <br />C. Correction of several administrative matters. <br />ORDER AND AGREEMENT <br />39. Based on the foregoing factual and legal determinations, pursuant to its authority under §25-8-602 and <br />605 C.R.S., and in satisfaction of the alleged violations cited herein, and their associated civil penalties, <br />the Division orders MCC to comply with all provisions of this Consent Order, including all requirements <br />set forth below. <br />40. MCC agrees to the terms and conditions of this Consent Order. MCC agrees that this Consent Order <br />constitutes a notice of alleged violation and an order issued pursuant to §§ 25-8-602 and -605, C.R.S., <br />and is an enforceable requirement of the Act. MCC also agrees not to challenge directly or collaterally, <br />Mountain Coal Company, LLC, <br />Compliance Order on Consent <br />Page 9 of 13