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MID-CONTINENT RESOURCES, INC. V LOOBY, 91 CV 177 <br /> OCTOBER 221 1992 <br /> PAGE 4 <br /> below, MCR began its steps to de-winterize and clean the Outfall <br /> No . 016 ponds . This cleanup operation required by MLRD resulted in <br /> the discharge of sediments and effluent into the state' s streams . <br /> 11 . An administrative conference was conducted by MLRD , and MLRD ' s <br /> hearing officer made findings justifying his conclusions . MCR <br /> agreed to penalty assessments , a portion of which it paid pursuant <br /> to a settlement agreement with MLRD signed on April 28 , 1989 . <br /> 12 . On February 22 , 1989 , the Water Quality Control Division of <br /> the Colorado Depart.nent of Health ("WQCD") issued its own separate <br /> NOV, alleging that from January 26 to February 7 , 1939 , MCR allowed <br /> the sediment discharge from Outfall No . 016 to exceed the permitted <br /> limits for TSS . On April 11 , 1989 , WQCD amended its NOV alleging <br /> added discharges exceeding TSS limitations from January 17 to <br /> january 26 , 1989 and from February 7 to February 23 , 1989 , together <br /> with excessive discharges of iron, oil and grease, from Outfall No . <br /> 016 . Once again, on June 27 , 1989, WQCD issued another amendment <br /> to its NOV alleging violation of the TSS 30-day limit for the time <br /> from January 26 , 1989 to February 23 , 1989 . <br /> 13 . The WQCD hearing was held beginning January 9, 1990 , and the <br /> hearing officer issued his findings on October 10 , 1990 , which were <br /> then affirmed by the Executive Director of the Colorado Department <br /> of Health. WQCD found that MCR allowed excessive discharges of <br /> iron on January 17 and February 23 , 1989 , that on February 23 , 1989 <br /> it allowed excessive discharges of oil and grease, and that it <br /> exceeded the TSS 30-day average limit for the period from January <br />