1991-07-02_GENERAL DOCUMENTS - C1981017

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commenced by Mid-Continent, an evidentiary hearing before an agency appointed hearing officer, post-hearing memoranda, and the Findings of Fact, Conclusion of Law, Ruling and Order of the hearing officer, dated November 10, 1990 (sometimes hereinafter "hearing officer's findings") to which this appeal is directed. Mid- Continent's alleged defalcations were also the subject matter of Notice of Violation No. C-89-003 issued by the Mined Land Reclamation Division of the Colorado Department of Natural Resources described hereinafter in paragraphs 27 through 33. 10. Timely exceptions to the hearing officer's findings were filed by Mid-Continent. These exceptions were eventually overruled by the Order Affirming Hearing Officer's Decision, dated 16, April 1991. This affirming order was not mailed until May 30, 1991. Pursuant to 5 CCR 1 1001-1, Rules for all Proceeding before the Water Quality Control Commission & the Water Quality Control Division § 2 . 1.4 .K.6) , the effective date of the affirming order is "on the date [it is] mailed. " 11. Mid-Continent exhausted its administrative appeals by timely filing its exceptions to the hearing officer's findings. 12 . Venue for judicial appeals of this type is vested in the "district court for the district in which the pollution source affected is located. " 11A Colo. Rev. Stat. § 25-8-404 (2) (1989 Repl. Vol. ) . .Part III WQCD Jurisdiction & Proceedings 13. In the proceedings below this was an administrative civil penalty proceeding commenced by WQCD against Mid-Continent as holder of Discharge Permit No. CO-0000396, issued December 7, 1988 pursuant to 11A Colo. Rev. Stat. §§ 25-8-501 through -507 (1989 Repl. Vol. ) , for alleged violations of the permit pursuant to 11A Colo. Rev. Stat. §§ 25-8-602, -605, and -608 (1989 Repl. Vol. ) . 14. The proceeding below was initiated by WQCD-NoV and Cease and Desist Order, dated February 22, 1989. This initial NoV and Cease and Desist Order was then amended by an Amended WQCD-NoV and Cease and Desist Order, dated April 11, 1989. The amended WQCD-NoV was further amended by the Second Amended WQCD-NoV and Cease and Desist Order, dated June 27, 1989. 15. Mid-Continent timely filed answers to the three WQCD- NoVs. The most recent Amended Answer, dated and mailed September 28, 1989, raised material permit conditions and affirmative defenses to the charges. Mid-Continent Resources, Inc. Complaint - 3 -