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Fred R. Banta, Director August 10, 1990 <br /> MLRD, Denver, CO 80203 Page 7 <br /> ponds would have adequate capacity until spring or summer of 1989.2 <br /> Mid-Continent, having experienced problems with the functioning of <br /> the ponds during the 1988-1989 adverse winter conditions, has gone <br /> to considerable lengths, including hiring of consultants, to <br /> analyze the cause of the problems and aid in determining a <br /> solution. <br /> The Company purchased a water treatment plant, installed a <br /> pipeline to bring mine water to the treatment plant, and built a <br /> facility to house the treatment plant. The treatment plant was <br /> never delivered. The principals of the company from whom it was <br /> purchased have been indicted by a Garfield County grand jury.3 <br /> Despite this setback Mid-Continent is moving forward to install a <br /> water treatment plant prior to the onset of winter. <br /> C-89-013 (26-May-89) <br /> Spills from Overland Conveyor Belt <br /> Civil Penalty <br /> History $ 50 <br /> Seriousness $500 <br /> Fault $500 <br /> Good Faith $-0- <br /> Total $1, 050 <br /> NoV C-89-013 was written for " [very wet] coal from the <br /> 2 This assumption was proper. But-for the unusual freezing <br /> conditions, Mr. Rovey calculated and testified under oath during <br /> the Department of Health hearing in January, 1990 that after a <br /> cleaning, and given normal sediment loading, that the Outfall No. <br /> 016 ponds had a 800-day sediment loading period before they would <br /> need cleaning again. From October, 1988 through February, 1989 is <br /> far short of this loading period. <br /> 3 The principals of H2O Engineering, Inc. , the entity con- <br /> tracted by Mid-Continent to fabricate and construct the treatment <br /> system, Clinton N. Holeman and Lynn Wylie Holeman, have been <br /> charged, each and individually, with criminal conspiracy and felony <br /> theft, in violation of 8B Colo. Rev. Stat. §§ 18-2-201 and 18-4- <br /> 401 (1) (b) (1986 Repl. Vol. ) , as amended, in Criminal Case No. 90 CR <br /> 112, District Court, Garfield County, Colorado. <br />