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the Division intends to rely to establish 37 days of permit <br /> violation other than the test results enumerated in Exhibit-A <br /> and Exhibit-B to the Division ' s Second Amended Notice of <br /> Violation, dated June 27, 1989, for the following dates : <br /> January 17 , 1989 <br /> January 26 , 1989 <br /> February 2, 1989 <br /> February 7, 1989 <br /> February 23 , 1989 <br /> Interrogatory No. 19. Are civil penalties in proceed- <br /> ings such as this one based upon criteria? If so, please state <br /> what these criteria are. <br /> Interrogatory No . 20. Are the civil penalty criteria <br /> referred to in Interrogatory No. 19 in writing? If so, please <br /> identify with the specificity requested in either Preliminary <br /> Interrogatory No. 3 or 4, as appropriate, the writing(s ) which <br /> memorialize or enumerate this criteria. <br /> Interrogatory No. 21 . Please state what , if any, rule- <br /> making has taken place , by whom, the date of publication or <br /> notice , and the effective date, with respect to each writing <br /> referred to in your answer or response to Interrogatory No. 19. <br /> Interrogatory No. 22. How were the civil penalty <br /> criteria applied by the WQCD in this case? <br /> Interrogatory No. 23. Is the application of the civil <br /> penalty criteria in this case in writing? If so , please <br /> identify with the specificity requested in either Preliminary <br /> Interrogatory No. 3 or 4, as appropriate, all writing(s) which <br /> constitute civil penalty criteria application in this case. <br /> Interrogatory No. 24. Are there any communications ) <br /> between WQCD and any other agency or agencies, employee or <br /> employees of the State of Colorado concerning the circumstances <br /> which are the subject matter of this proceedings? If so, <br /> please identify the date( s) and time(s ) of each communication, <br /> the parties as requested by Preliminary Interrogatory No. 2, <br /> and the form of the communication, i . e . whether written or <br /> oral . If the communication is written , please provide the <br /> information requested in Preliminary Interrogatory No. 3 ; if <br /> the communication was oral, please state its general subject <br /> matter and its essentials. <br /> Interrogatory No. 25 . Please describe the method or <br /> methodology commonly employed by the coal mining industry in <br /> the State of Colorado for water sediment control , including <br /> sediment control of mine drainage , to meet effluent <br /> MCR Interrogs to DoH/WQCD - 5 - <br />