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

46. 1 The concurrent exercise of jurisdiction violates
the Memorandum of Understanding between MLRD and WQCD (Fourteenth
Affirmative Defense to WQCD Charges) ;
46.2 By its assumption and exercise of jurisdiction,
MLRD assumed primary--jurisdiction of the events -that - are --the - - -
subject matter of this proceeding by or on behalf of the State of
Colorado (Fifteen Affirmative Defense to WQCD Charges) ;
46.3 By its assumption and exercise of jurisdiction
of the events that are the subject matter of this proceeding, the
issuance of MLRD-NoV No. C-89-003, assessment of a civil penalty,
and the payment of this penalty by Mid-Continent is res adjudicata
as between Mid-Continent and the State of Colorado (Sixteenth
Affirmative Defense to WQCD Charges) ;
46.4 By its assumption and exercise of jurisdiction
over the events that are the subject matter of this proceeding,
MLRD's assessment of a civil penalty, and the payment of this
penalty by Mid-Continent to MLRD, these constitute an estoppel as
a matter of law between it and the State of Colorado of all matters
affecting the subject matter of this proceeding;
46.5 By MLRD's assumption and exercise of
jurisdiction over the events that are the subject matter of this
proceeding, the issuance of Notice of Violation No. C-89-003 ,
assessment of a civil penalty, and the payment of this penalty by
Mid-Continent is an accord and satisfaction between it and the
State of Colorado of all matters affecting the subject matter of
this proceeding.
Seventh Claim for Relief
Upset Conditions
47 . For its seventh claim for relief, Mid-Continent
realleges the factual allegations contained in paragraphs 1 through
33 , 40 and 41 which are incorporated herein by this reference.
48. The foregoing conditions, including snowmelt, snowfall,
avalanche, major snow storm, dragline move-in and/or pond cleaning,
and abnormal freezing conditions, individually, collectively and/or
in combination, constitute upset conditions as defined in the
Regulations for the State Discharge Permit System, 5 CCR y 1002-2,
§ 6. 3. 0(39) .8'
49. MLRD and/or WQCD representatives had actual knowledge
of all of the foregoing conditions as such conditions were known to
Mid-Continent. Moreover, MLRD representatives ordered that the
Outfall No. 016 ponds be cleaned in mid-winter, a major
contribution to sediment effluent discharges.
Mid-Continent Resources, Inc.
Complaint