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constitute 37 days of violation of Part IA of the permit <br /> as follows: <br /> 1. The TSS concentrations in the effluent from outfall <br /> 016 between January 17 and February 23, 1989, exceeded the <br /> daily maximum concentration allowed by the permit of 70 <br /> mg/l; <br /> 2. The concentration of iron in outfall 016 on January <br /> 17 and February 23, 1989 exceeded the maximum allowed by <br /> 'the permit of 2.0 mg/l; <br /> 3. The concentration of oil and grease in the effluent <br /> from outfall 016 on February 23, 1989, exceeded the daily <br /> maximum concentration allowed by the permit of 10 mg/l; <br /> 4. The settleable solids reported from outfall 016 on <br /> January 17, 1989 exceeded the maximum allowed by the <br /> permit of 0.5 ml/l. <br /> 1' The further "findings of fact" and the 30-days of violation <br /> are charged in the 27-Jun-89 WQCD Second Amended NoV as follows: <br /> 15. The 30-day average concentration of TSS in the <br /> effluent from 016 for the 30-day period beginning January <br /> 26, 1989 and ending February 24, 1989 was 11,662 mg/l <br /> based upon the arithmetic mean of the samples collected on <br /> January 26, February 2, February 7 and February 23, 1989 <br /> and described in paragraphs 4, 8, 10 and 12 [sic] <br /> respectively. <br /> The Division hereby amends the Notice of Violation to read <br /> as follows: <br /> 5. The 30-day average for TSS in the effluent from <br /> outfall 016 for the period from January 26, 1989 until <br /> February 234, 1989 exceeded the 30-day average <br /> concentration allowed by Part I.A of the permit of 35 <br /> mg/l. <br /> *-� Allegations of MLRD's NoV resulting from its site inspection <br /> January 26, 1989, charged Mid-Continent with strict liability for <br /> its alleged: <br /> Failure to maintain adequate facilities to treat any <br /> water discharged from an underground mine so that it <br /> complied with all federal and state laws and regulations <br /> and limitations of 4 .05.2. Failure to maintain sediment <br /> control measures using the best technology currently <br /> available to prevent, to the extent possible, additional <br /> contributions of sediment to stream flow and to meet the <br /> more stringent of applicable state or federal effluent <br /> Mid-Continent Resources, Inc. <br /> Complaint - Endnotes - 17 - <br />