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Failure to CoM21y with Materials Containment Plan Requirements <br />29. Pursuant to Part I.D.1 of the Permit, MCC shall submit to the Division an update to and implement the <br />Facility's Materials Containment Plan within ninety (90) days of the effective date of the Permit. <br />30. Division records establish that MCC did not submit a copy of the Facility's updated Materials <br />Containment Plan to the Division. <br />3 L MCC's failure to submit to the Division a copy of the Facility's updated Materials Containment Plan <br />constitutes a violation of Part I.D.1 of the Permit. <br />Failure to Comvl with Stormwater Management Plan - Annual Report Requirements <br />32. Pursuant to Part I.2.g. of the Permit, MCC must submit to the Division an annual report summarizing <br />MCC's overall compliance with the Stormwater Management Plan. <br />33. Division records establish that MCC did not submit to the Division the Stormwater Management Plan <br />Annual Report for calendar years 2005, 2006, and 2007. <br />34. MCC's failure to submit the Stormwater Management Plan Annual Report for calendar years 2005, <br />2006, and 2007 constitutes violations of Part I.2.g. of the Permit. <br />MCC's SELF-AUDI DISCLOSURE <br />35. Starting in mid-2007, through its parent company Arch Coal, Inc., MCC conducted a voluntary self- <br />evaluation of the Facility under the Colorado Environmental Audit Privilege and Immunity Law to <br />examine MCC's compliance with the Act and the Permit. <br />36. Division records establish that MCC disclosed information regarding MCC's voluntary self-evaluation <br />on July 30, 2008, August 21, 2008, September 30, 2008, October 10, 2008, November 17, 2008, and July <br />31, 2009. These disclosures were intended to include omissions and exceedances on the discharge <br />monitoring reports (DMRs) and any other potential issues ofnon-compliance for the period June 1, 2004 <br />to July 31, 2009. As a result of the voluntary self-evaluation, the Permit violations reported to the <br />Division by MCC are as follows: <br />a. The DMR for the 15' Quarter 2006 for outfall 004A was not submitted; <br />b. The DMR for the 2°a Quarter 2007 for Outfall 018A was not submitted; <br />C. The DMR for the 3`d Quarter 2006 for Outfall 007A indicated a TSS exceedance; <br />d. The DMRs from the 2nd Quarter 2004 through the 2°a Quarter 2008 for Outfall 007A <br />were deficient for BOD percent removal and TSS percent removal; <br />e. The DMR for the 4d' Quarter 2006 for Outfall 007A was deficient for Fecal Coliform; <br />f. The DMRs for the 0 Quarter 2006 and the 1s' Quarter 2008 for Outfall 008A were <br />deficient for Settleable Solids; <br />g. The DMRs for the 2ad Quarter 2005 and the 2"d Quarter 2006 for Outfall 014A were <br />deficient for Flow; <br />h. The DMR for the 4d' Quarter 2007 for Outfall 016A was deficient for Total Dissolved <br />Mountain Coal Company, LLC. <br />Compliance Order on Consent <br />Page 7of 13