1991-07-02_GENERAL DOCUMENTS - C1981017

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 7/2/1991
• Doc Name: Civil Action No. 91 CV177 Summons
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

an Act of God beyond the control of Mid-Continent, it affected the
discharge or volume of discharge at Outfall No. 016, and properly
cause the standard of compliance to be measured by other than TSS
(Sixth Affirmative Defense to WQCD Charges) .
41.5 Major Snow Storm: A major snow storm occurred on
or about the weekend of February 4 and 5, 1989. It deposited
approximately 48-inches of snow in Coal Basin and Outfall No. 016.
This extraordinary snow storm was an upset condition and an Act of
God beyond the control of Mid-Continent. It affected the discharge
or volume or discharge at Outfall No. 016 and/or should have caused
the standard of compliance to be measured by other than TSS
(Seventh Affirmative Defense to WQCD Charges) .
41.6 Dragline Move-In, Road Clearing & Set Up: In
compliance with directives from MLRD, Mid-Continent employed a
contractor to clean the ponds of Outfall No. 016. Beginning on or
about February 3, 1989, the move-in and set-up of the contractor' s
dragline began, which included snow removal and handling to clear
access to the Outfall No. 016 ponds. This equipment move-in and
set-up was an upset condition that affected the discharge or volume
of discharge at Outfall No. 016 and properly cause the standard of
compliance to be measured by other than TSS (Eighth Affirmative
Defense to WQCD Charges) .
41.7 Dragline Dredging of Ponds: Beginning February
7, 3.989 and continuing thereafter to and through March 10, 1989, an
independent contractor dredged, with a dragline, the ponds of
Outfall No. 016. The dredged material removed from the ponds was
hauled from the ponds area via heavy trucks. This dredging and
truck traffic mandated by MLRD was an upset condition, and it
affected the discharge or volume of discharge at Outfall No. 016
and/or caused the standard of compliance to be measured by other
than TSS (Ninth Affirmative Defense to WQCD Charges) .
41.8 Winter Snowfall Conditions: The snowfall during
the month of December, 1988 was 50.75 inches, 163% of average;
during the month of January, 1989 snowfall was 31. 5 inches, 114% of
average, and during the month of February, 1989 snowfall was 75. 5
inches, 332% of average. These above average occurrences and their
cumulative effect were upset conditions and/or natural occurrences
or Acts of God beyond the control of Mid-Continent that affected
the discharge or volume of discharge at Outfall No. 016 and/or
should have caused the standard of compliance to be measured by
other than TSS (Eleventh Affirmative Defense to WQCD Charges) .
41.9 Freezing Conditions: During December, 1988, the
daily readings for high temperatures were below freezing 12 days in
a row (December 19-30, 1988) , and in that period low temperatures
were below 0° Fahrenheit on three days. From January 6-9 and
11-17, 1989 temperature highs were below freezing, and during these
Mid-Continent Resources, Inc.
Complaint - 9 -