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Solids; <br />i. The DMRs from the 2W Quarter 2004 through the 0 Quarter 2005 for Outfall 017W <br />did not include the properly attached WET testing laboratory results; <br />j. The DMRs for the 4s' Quarter 2004, 1" Quarter 2005, 1 s` Quarter 2006 through the 3`d <br />Quarter 2007 did not properly report Potentially Dissolved Iron exceedances; <br />IL Individual Potentially Dissolved Iron exceedances in August 2005, October 2005, <br />November 2007, January 2008, and February 2008 were not properly reported; <br />1. The DMRs for the 18' Quarter 2007 through the I" Quarter 2008 for Outfall 017A were <br />delinquent for Total Recoverable Iron; <br />m. The DMR for the 2nd Quarter 2007 for Outfall 017A did not report a Total Recoverable <br />Iron violation; <br />n. Compliance Schedule events for the 4 h Quarter 2004, 4d' Quarter 2005, 0 Quarter <br />2006, and the.4 b Quarter 2007 were not submitted; <br />o. The DMRs from the 2nd Quarter 2004 through the 3'd Quarter 2008 were not submitted <br />by the required date; <br />p. MCC did not update and submit to the Department the Materials Containment Plan <br />within ninety (90) days of the effective date of the Permit; <br />q. MCC conducts and documents storm water inspections and reports the results of the <br />inspections to DRMS on a quarterly basis, but did not submit annual storm water <br />reports to the Division for 2004, 2005, 2006, and 2007. <br />37. In response to the reported violations, MCC has fully cooperated and provided the following to the <br />Division: <br />a. MCC provided the Division the necessary amended DMRs on August 21, September 30, <br />and November 17,2008; <br />b. MCC investigated data anomalies and potential interferences associated with the results <br />reported for iron species by the commercial laboratory used to analyze water samples <br />collected at Outfall 017A in connection with the Permit. MCC completed this <br />evaluation and has implemented measures to miWmize any laboratory anomalies in the <br />future; <br />C. MCC has instituted measures to minimize the potential for the late submittal of DMRs; <br />d. MCC submitted the updated Materials Containment Plan on August 21, 2008; <br />e. MCC submitted the 2007 Storm Water Annual Reports to the Division on August 21, <br />2008 and subsequently submitted annual reports for 2004, 2005, and 2006; <br />f. MCC did not provide the Division with a description of each exceedance reported on <br />the DMRs. MCC verbally reported the deficiencies to the Division during an August <br />21, 2008 meeting. MCC has developed procedures for DMR completion and submittal <br />and has developed a DMR cover letter template to minimize the potential for future <br />inadvertent omissions of information; <br />g. The laboratory reported certain settleable solids data for Outfal1008 in units not <br />consistent with the Permit, which was overlooked by MCC and showed an exceedance <br />where an exceedance did not occur. MCC used the appropriate conversion factors to <br />convert the results into the proper units in making this determination; <br />IL On October 10, 2008, MCC provided the Division with a review of WET test <br />procedures and results conducted from 2004 through 2008 for Outfall 017W. During <br />Mountain Coal Company, L.L G <br />Compliance Order on Consent <br />Page 8 of 13