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The cleaning of the Outfall No. 016 ponds caused discharge of black sediments and <br />effluent, id. at 62 -63, into Coal Creek and, in turn, the Crystal River. <br />On February 22, 1989, MLRD issued NoV No. C -89 -003. It charged Mid - <br />Continent with a failure to maintain and prevent sediment effluent discharge from the <br />Outfall No. 016 ponds. After MLRD issued NoV No. C -89 -003, a civil penalty was <br />assessed. This assessment was conferenced, and the MLRD conference officer made <br />adjudicatory findings of fact addressing the violation (MCR Ex. No. 134, Record 00638- <br />00642, Brief Appendix, Appendix -6 -I). MLRD's conference civil penalty assessment <br />and narrative were agreed to, the penalty paid by Mid - Continent, and the matter was <br />concluded (MCR Ex. No. 13-J, Record 00643, Brief Appendix, Appendix -6-J). <br />WQCD ENFORCEMENT <br />WQCD basically followed the lead of MLRD in investigating and adjudicating <br />an alleged unlawful effluent discharge from Outfall No. 016. Following the initial <br />MLRD inspection, WQCD representatives made inspections of the Outfall No. 016 <br />ponds and their discharge. WQCD filed its NoV dated February 22, 1989, and <br />amended it twice, on April 11 and June 27, 1989. <br />The Colorado Department of Health through WQCD sought civil penalties <br />from Mid - Continent for alleged violations of CDH Discharge Permit No. CO- 0000396. <br />This permit was issued by CDH to Mid - Continent pursuant to the Colorado Water <br />Quality Control Act (CWQCA), 11A COLO. REV. STAT. §§ 25 -8 -101 through -701 (1989 <br />16 The allegations are summarized in Mid - Continent's complaint before the district <br />court below, ¶1117 -20, Brief Appendix, Appendix-3. The complaint narratively details much of <br />the history of the administrative proceedings, before both WQCD and MLRD. Id. at 11113-16, <br />21 -33. <br />Mid - Continent Answer Brief <br />- 13 - Appeal No. 93 CA 297 <br />