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Fred R. Banta, Director August 10, 1990 <br /> MLRD, Denver, CO 80203 Page 4 <br /> History $100 <br /> Seriousness $1, 000 <br /> Fault $250 <br /> Good Faith -$500 <br /> Total $850 <br /> NoV C-89-003 was issued after unusually adverse winter <br /> weather conditions during the winter of 1988-89 caused the sediment <br /> ponds at Outfall No. 016, used for treatment of mine drainage, to <br /> malfunction. As noted in the Division's Justification for <br /> Settlement, the violation was issued because, "The ponds were not <br /> functioning as designed and were failing to properly treat the <br /> water. " The ponds had been maintained according to past practice, <br /> and the approved permit, but problems arose due to unprecedented <br /> circumstances. <br /> As noted in the Justification for Settlement, "Extreme <br /> weather conditions contributed to the pond's [sic] malfunction. <br /> Temperatures were colder than average, causing the ponds to freeze <br /> and snowfall greatly exceeded the average. An avalanche filled the <br /> first pond. " <br /> The MLRD Inspection Report of January 26, 1989 notes that <br /> "Access to sediment ponds was restricted by deep snow. Visual <br /> inspection revealed frozen surfaces on most ponds. " The report of <br /> February 2, 1989 further notes that "Due to recent heavy <br /> snowstorms, physical inspection of the mine site was limited. " It <br /> goes on to say that an assessment of the cause of the problem was <br /> difficult because "the weather conditions are so adverse . . . . " <br /> The ponds had been cleaned the previous October, 1988, just <br /> prior to the onset of winter. The approved permit in effect at <br /> that time stated that pond cleaning was to be done only in summer, <br /> when ground conditions permit. <br /> The assessment conference officer agreed with the fact of <br /> the violation, stating: <br /> I do not question the fact that the operator was in <br /> compliance with the approved maintenance plan, <br /> however, the performance standards clearly require <br /> that ponds shall be maintained so that the discharge <br /> meets effluent limits. Specifically, Rule 4. 05. 6 (2) <br /> states that design, construction and maintenance of <br />