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prematurely terminates the Consent Decree. Additionally, we would recommend that <br /> Echo Bay agree to be a guarantor for full performance of the Consent Decree. <br /> Response: EPA's understanding is correct, and the WQCD declines to change the <br /> intent of the Consent Decree. <br /> Comment: Furthermore, use of the term bankrupt is ambiguous. What does become <br /> bankrupt mean? Does this mean SGC has filed for bankruptcy, does it mean that <br /> SGC has been adjudicated bankrupt by a court, or does it just mean SGC is out of <br /> money? <br /> Response: The.parties agree to change the language in the Consent Decree from <br /> "becomes bankrupt" to "files for bankruptcy or becomes bankrupt." <br /> Comment. Finally, the State is restricted to use the surety funds only to enter and <br /> operate the treatment facility at the American Tunnel. We recommend that the surety <br /> be available to allow the State to complete any work SGC is required to perform <br /> under the Consent Decree. For instance, if SGC were to go bankrupt before they <br /> complete the A list projects, the surety should be available to complete these projects, <br /> if the State so chooses. <br /> Response: The WQCD declines to change the intent of the Consent Decree. <br /> APPENDIX A TO CONSENT DECREE <br /> 1. Comment. Page 4.a., Paragraph 1: The response to exceedances of the monthly zinc <br /> average at the reference point needs further definition. SGC should automatically be <br /> required to investigate possible causes of elevated zinc values rather than waiting until <br /> after a meeting with the State. How long does SGC have to lower the zinc levels if a <br /> problem occurs? Subsequent to the investigation period which should last a maximum <br /> of sixty (60) days, SGC should be required to submit an investigation report and a <br /> mitigation plan to the State. <br /> Response: This matter has been clarified on page 4a of appendix A to the Consent <br /> Decree. The initial action if any is deemed necessary, will be for SGC to investigate <br /> possible causes of the elevated zinc values. If the cause cannot be explained by <br /> known activities not related to mine closure taking place in the affected basin, SGC <br /> will respond by increasing the treatment of Cement Creek if such treatment has been <br /> decreased or eliminated following completion of the mitigation projects or by <br /> implementing one or more of the B list projects. Since the B list projects will have <br /> already been approved and permitted construction of the B list projects could begin at <br /> any time weather conditions allow. If the B list projects already have been completed <br /> SGC may add additional mitigation projects to address deteriorating water quality at <br /> 8 <br />