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MCC <br />WHOLE EFFLUENT TOXICITY MONITORING <br />Monitoring <br />Period Sample <br />Date Outfall D. magna <br />Results <br />2° 2004 417/04 017W Fail <br />3tdQ 2004 8/25/04 017W Fail <br />4 2004 10/27/04 017W Fail <br />ls` 2005 1/13/05 017W Fail <br />2° 2005 5/11/05 017W Fail <br />3 rd Q 2005 8/30/05 017W Fail <br />1g` 2006 1/19/06 017W Fail <br />23. Division records establish that MCC did not provide Division notification of the routine WET test <br />failures listed above in paragraph 22 within fourteen (14) calendar days nor did MCC provide a <br />statement as to whether the PTVFIE investigation or accelerated testing was to be performed. <br />24. MCC's failure to notify the Division within fourteen (14) calendar days ofreceiving routine WET test <br />failure results and provide a statement as to whether the PTI/TlE investigation or accelerated testing was <br />to be performed constitutes violations of Part I.A.5(b) of the Permit. <br />25. MCC's failure conduct a PTI/TIE investigation or conduct proper accelerated WET testing following a <br />routine WET testing failure constitutes violations of Part I.A.5(c) of the Permit. <br />Failure to CoWlly with Permit Compliance Schedules <br />26. Pursuant to Part I.AA(a) of the Permit, MCC shall achieve compliance with the final effluent <br />limitations for Outfall 017 for total recoverable iron of Part I.A. L d. of the Permit, effective January 1, <br />2007, in accordance with the following compliance schedule: <br />a. By December 31, 2004, MCC shall submit a plan for approval that identifies operational <br />changes, modification of the existing treatment system, or construction of a new treatment <br />system such that compliance with the final total recoverable iron limitations for Outfall 017 <br />may be attained. <br />b. By December 3.1, 2005, MCC shall submit a progress report summarizing the progress in <br />implementing the plan such that compliance with the final total recoverable limitations for <br />Outfall 017 may be attained. <br />c. By December 31, 2006, MCC shall submit study results that show compliance has been <br />attained with the final total recoverable iron limitations for Outfall 017. <br />27. Division records establish that MCC did not submit the plans, progress report, or study results <br />identified in paragraph 26 (a) through (c) above. <br />28. MCC's failure to submit the plans, progress report and study results identified in paragraph 26 (a) <br />through (c) constitutes violations of Part I.AA(a) of the Permit. <br />Mounta n Coal Comepany, L L C, <br />Compliance Order on Consent <br />Page 6 of 13