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

run-off and sediment contributions to the Outfall No. 016 tributary
to Coal Creek and the Crystal River.
Part V
Mid-Continent Claims for Relief
First Claim for Relief
Four actual Samples are not
Permit Required nor Permit Appropriate
(First Affirmative Defense to WQCD Charges)
34. For its first claim for relief, Mid-Continent realleges -the factual allegations contained in paragraphs 1 through 33 and
incorporated herein by this reference.
35. The four dates sampled for TSS from Outfall No. 016 are
neither permit required nor permit appropriate tests and they are
not representative, if at all, of other than the specific dates
tested, that is, January 26, February 2, 7 and 23, 1989.
Second Claim for Relief
Four Actual Samples are Not Representative
(Second Affirmative Defense to WQCD Charges)
36. For its second claim for relief, Mid-Continent
realleges the factual allegations contained in paragraphs 1 through
33 and incorporated herein by this reference.
37. The four dates sampled for TSS from Outfall No. 016 are
neither permit required nor permit appropriate tests and they are
not representative, if at all, of other than the specific dates
tested, that is, January 26, February 2, 7 and 23 , 1989.
Third Claim for Relief
Samples Dates are not Representative
(Third Affirmative Defense to WQCD Charges)
38. For its third claim for relief, Mid-Continent realleges
the factual allegations contained in paragraphs 1 through 33 and
incorporated herein by this reference.
39. The four sample dates from Outfall No. 016 are not
representative of any 33-day period alleged or otherwise urged as
applicable.
Fourth Claim for Relief
Precipitation Events
(Fourth Affirmative Defense to WQCD Charges)
Mid-Continent Resources, Inc.
Complaint - 7 -