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mg/I for a large part of this time and 31,000 mg/I on the days Mid-Continent was <br /> dredging the pond. The effect of the sediment laden discharge was apparent for 17 <br /> miles downstream according to the Colorado Division of Wildlife who operates a <br /> fishery. <br /> MLRD conducted two inspections during the discharge, took water samples and <br /> noted in its reports that the ponds appeared not to be functioning, that they were <br /> short-circuiting. However,the inspector waited for the analyses before writing a <br /> Notice of Violation and then issued a Notice of Violation for failure to maintain <br /> adequate facilities to treat any water discharges from an underground mine. <br /> MLRD assessed a final penalty of $850 for this violation. <br /> WQCD indicated that Mid-Continent's self-monitoring reports showed high TSS <br /> levels as early as November 1988. WQCD issued its first cease and desist order <br /> February 22, 1989. (A cease and desist order demands the cessation of the <br /> pollution not the cessation of operations. The WQCD has no statutory basis to <br /> require an operator to cease operations.) A second order was written <br /> April 11, 1989. Enforcement was taken after consultation with MLRD. <br /> They did not cease the discharge in order to not impact the level of production the <br /> company was maintaining at that time. The water was washed from the coal face, <br /> and to lessen the flow the company would have had to slow down the mining or <br /> make major changes in its handling of its water underground. <br /> OSM believed that the situation warranted an imminent harm cessation order which <br /> would have required the company to stop discharging, most probably by not <br /> pumping water up from the underground workings. The State stated it was <br /> precluded from this type of action by the MOU with the WQCD. <br /> The company was eventually fined $180,000 by WQCD for the 37 days of black <br /> water. MCR appealed and won, stating res judicata because MLRD cited basically <br /> the same violation. On October 24, 1992, a District Court judge (Pitkin County) <br /> agreed and voided the violations and penalties of the Water Quality Control <br /> Division. The net result was the company paid $850 in fines for creating 37 days <br /> of pollution to a stream designated as a cold water fishery by the State. The <br /> discharge negatively impacted the stream's ability to support the appropriate biota. <br /> • Adequacy of Bond. <br /> The February 1991 midterm review by MLRD indicated that the bond amount <br /> should be $3.5 million and that the collateral real estate needed to be reappraised. <br /> The company objected to the amount and the amount was reduced. On May 22, <br /> 1991 the MLR Board entered into a Settlement Agreement with the company to <br /> terminate a pattern of violation without action, along with ruling that real estate <br /> reassessment did not have to occur unless the mine became active again. The <br /> 3 Mid-Continent January 26,1M <br />