2009-07-28_ENFORCEMENT - M1983141

• Permit No: M1983141
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 7/28/2009
• Doc Name: Compliance Advisory; Unpermitted Industrial Wastewater Discharge to Groundwater and Surface Water.
• From: CDPHE
• To: Mount Royale Ventures, LLC
• Email Name: MAC
• Media Type: D
• Archive: No

Mr. R.T. Heard
Mount Royale Ventures, LLC
July 28, 2009
Page 2
ditch or man-made conveyance for the purpose of evading the requirement to obtain a permit under
this article. "
As a result of the above-identified, alleged violation, please be advised of the following:
1. The Division expects Mount Royale Ventures, LLC to immediately initiate efforts to discontinue
all alleged discharges that violate the Water Quality Control Act.
2. By no later than August 30, 2009, the Division expects Mount Royale Ventures, LLC to submit a
CDPS discharge permit application(s) for its discharge from the Cash & Who Do Mines or if
Mount Royale Ventures, LLC disputes the Division's allegation that they are discharging without
a permit, Mount Royale Ventures, LLC shall submit a response to the Division refuting the
Division's allegation and explaining in detail how water flows are balanced and/or managed
within the mine. Please direct this submission to my attention. Please contactGary Beers,
Industrial Permits Unit Manager at [phone] to obtain permit application materials or
additional information regarding discharge permits or application requirements.
Please be aware that you are responsible for complying with the Water Quality Control Act and that there are
substantial penalties for failing to do so. Section.25-8-608 of the Colorado Water Quality Control Act
provides that any person who violates the Actor any permit issued under the Act may be subject to a penalty
of up to $10,000 per day for each day during which such violation occurs. Additionally, pursuant to §25-8-
601, C.R.S., you are further advised that any person engaged in any operation or activity which results in a
spill or discharge of oil or other substance which may cause pollution of the waters of the state, shall notify
the Division of the discharge. If said person fails to so notify, said person is guilty of a misdemeanor, and
may be fined or imprisoned or both.
This Compliance Advisory is intended to advise you of possible violations of the Colorado Water Quality
Control Act is implementing regulations and permits so that you may take appropriate steps to avoid or
mitigate formal enforcement action. This Compliance Advisory does not constitute a Notice of Violation or
Cease and Desist Order and is not subject to appeal. However, the issuance of this Compliance Advisory
does not limit or preclude the Division from pursuing its enforcement options concerning the above
violations. The Division is currently evaluating the facts associated with the above-described violations and
if a formal enforcement action is deemed necessary, you may be issued a Notice of Violation/Cease and
Desist Order that may include the assessment of penalties.
If you have any questions regarding this advisory please contact me by telephone at [phone] or by
email at [e-mail]
Sincerely,
De P.s W. Pontius, P.E., District Engineer
Engineering Section/Water Quality Control Division