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7. Wastewater from the Facility is authorized to discharge into Sylvester Gulch, Dry Fork of Minnesota
<br />Creek, Lone Pine Gulch, West Fork of Sylvester Gulch, and the North Fork of the Gunnison River from
<br />several ponds through outfall s 004, 005, 007, 008, 009, 011, 012, 013, 014, 015, 016, 017, 018, and 019.
<br />Sylvester Gulch, Dry Fork of Minnesota Creek, Lone Pine Gulch, West Fork of Sylvester Gulch, and the
<br />North Fork of the Gunnison River are all "state waters as defined by § 25-8-103(19), C.R.S. and its
<br />implementing permit regulation, 5 CCR 1002-61, § 61.2 (102).
<br />8. Pursuant to 5 CCR 1002-61, § 61.8, MCC must comply with all the terms and conditions ofthe Permit,
<br />and violations of such terms and conditions as specified in the Permit may be subject to civil and
<br />criminal liability pursuant to §§ 25-8-601 through 25-8-612, C.R.S.
<br />Failure to Submit DMRs by ftuired Date
<br />9. Pursuant to Part I.E.1. of the Permit, MCC is required to report monthly monitoring results on Discharge
<br />Monitoring Reports ("DNW'). The Division must receive these DMRs no later than the 28d' day ofthe
<br />month following the specified reporting period.
<br />10. Division records, as provided by MCC and supplemented by the DMRs, establish that MCC failed to
<br />submit DMRs on time for the following monitoring. periods:
<br />
<br /> I ??Rl ;
<br />DISCHARGE DISCHARGE DISCHARGE
<br />MONITORING REPORT MONITORING REPORT MONITORING REPORT
<br /> DATE DUE RECEIVED
<br />2° Quarter 2004 July 28, 2004 August 2, 2004
<br />19R arter 2005 Aril 28, 2005 May 10, 2005
<br />2° Quarter 2005 Jul 28 2005 August 2, 2005
<br />3m Quarter 2005 October 28, 2005 December 19, 2005
<br />4 Quarter 2005 Janu 28, 2006 February 3, 2006
<br />1 s` Quarter 2006 April 28, 2006 Ma 2, 2006
<br />2 Quarter 2006 Jul 28, 2006 August 3,. 2006
<br />3 Quarter 2006 October 28, 2006 November 3, 2006
<br />4 r 2006 January28, 2007 Eebruary 6, 2007
<br />1 a Quarter 2007 April 28, 2007 May 2, 2007
<br />2" Quarter 2007 July 28, 2007 August 2, 2007
<br />3 Quarter 2007 October 28,2007 December 4, 2007
<br />4 Quarter 2007 January 28, 2008 Febru 7, 2008
<br />1" Quarter 2008 Aril 28, 2008 May 6, 2008
<br />11. MCC's failure to submit DMRs by the appropriate due date, as identified above in paragraph 10,
<br />constitutes violations of Part I.E.1. of the Permit.
<br />Mountain Coal Company, LLC
<br />Cornplfance Order on Consent
<br />Page 2 of 13
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