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limitations. Failure to maintain a sedimentation pond or <br /> other sediment control measure in accordance with 4.05.6 <br /> and compliance with applicable effluent limitations as <br /> contained in 4.05.2. Specifically, the maintenance of the <br /> series of 3 ponds treating the water discharged from the <br /> No. 1 mine tunnel has not resulted in the water leaving <br /> the ponds at discharge point 016 meeting applicable state <br /> regulations and permit limitations. <br /> 1/ The abatement steps required by MLRD were not merely a cease <br /> and desist but embodied from the outset active, affirmative steps <br /> illustrated by the following: <br /> Step 1 Institute some additional temporary sediment <br /> control measeres [sic] , acceptable to the <br /> Division, in the mine water treatment system <br /> while the ponds are being cleaned. <br /> Step 2 Monitor the effluent at Discharge Point 016 on a <br /> weekly basis for TSS and settleable solids until <br /> released from this frequency by the Division in <br /> writing. Report the results of this monitoring to <br /> the Division in writing as soon as the analytical <br /> results are available. <br /> `-� Ultimately, MLRD clearly memorialized the major, mid-winter <br /> pond cleaning as not only the approved but the enforcement mandated <br /> abatement procedure: <br /> Step 1 under "Steps Necessary to Abate Violation <br /> (Remedial Action) " : [sic] is modified to read: Clean the <br /> mine water ponds and institute some additional temporary <br /> sediment control measures, acceptable to the Division, in <br /> the mine water treatment system while the ponds are being <br /> cleaned. <br /> '-� The MLRD NoV was issued February 22 , 1989. The MLRD Notice <br /> of Proposed Amount of Civil Penalty from MLRD to Mid-Continent was <br /> dated March 10, 1989 ; the MLRD Settlement Agreement, with attached <br /> Justification of Settlement Agreement, and transmittal letter was <br /> dated April 10, 1989. The fully executed copy of MLRD Settlement <br /> Agreement in connection with the MLRD NoV was signed on behalf of <br /> MLRD on April 11, 1989 and on behalf of Mid-Continent on April 28, <br /> 1989. <br /> Mid-Continent Resources, Inc. <br /> Complaint - Endnotes - 18 - <br />