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Continent with discharges from Outfall 016 that violated the <br /> concentration limitations for three different pollutants: iron, <br /> oil and grease, and total suspended solids. <br /> The Mined Land Reclamation Division notice alleged that Mid- <br /> Continent had failed to maintain adequate water treatment <br /> facilities, sediment control measures, and three specific <br /> sediment ponds that resulted in discharges from Outfall 016 which <br /> failed to meet applicable state regulations and permit <br /> limitations. <br /> Mid-Continent entered into a settlement agreement with Mined <br /> Land Reclamation Division to resolve the violation of that <br /> permit. The agreement established the dollar amount of a fine <br /> for the violation and the time for payment. Thereafter and in <br /> response to the alleged violation of the Water Quality Control <br /> Division permit, Mid-Continent asserted, among other things, that <br /> proceedings to establish a violation of this permit were barred <br /> by the doctrine of res judicata. <br /> The hearing officer found that Mid-Continent had violated <br /> the terms of the permit and rejected plaintiff's res judicata <br /> defense. Specifically, the officer found that Mid-Continent' s <br /> discharge of iron effluent exceeded the permit limitation on two <br /> specific days, that the discharge of oil and grease exceeded the <br /> permit limitation on one day, and that the discharge of suspended <br /> solids exceeded the permit limitation for a period of 29 <br /> consecutive days. These findings were affirmed by the Executive <br /> Director of the Colorado Department of Health. <br /> 2 <br />