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5. Pursuant to the permit , Sunnyside Cold samples and analyses the <br /> effluent being discharged to the North Fork of Eureka Gulch from discharge <br /> point 002 which is the nutfall from the second settling pond . Sunnyside Cold <br /> submitted reports to the Division which included the following effluent data <br /> from 002: <br /> Date Vol lurant Co"cuntrWon <br /> August 21 , 1986 Zinc 17. 16 milligrams per liter, <br /> (mg/1 ) <br /> August 25, 1986 Zinc 24 . 21 mg/l <br /> September 3, 1986 Zinc 6. 16 mg/1 <br /> September 1.1, 1986 Zinc 6.02 mg/l <br /> September. 19, 1986 Zinc 27. 55 mg/1_ <br /> September 19, 1986 pH 6.37 standard units <br /> October 7, 1986 Zinc 32.0 mg/l <br /> 6. Based on reports submitted to the Division by Sunnyside Gold , <br /> the 30-day average concentration for zinc was 10. 75 mg/1 in August, 1986, 13. 2 <br /> mg/1 in September, 1986, and 22 mg/1 in October, 1986. <br /> 7. The North Fork of Eureka Gulch is "state waters" as defined by <br /> 25-8-103(19) , C.R.S . (1982) . <br /> NOTICE OF VIOLATION <br /> You are hereby notified that the facts stated above constitute <br /> violations of the permit, as set forth below: <br /> 1. The information contained in paragraph 5 of the findings of fact <br /> constitutes 6 violations of the daily maximum limit for zinc of 4 .20 mg/1 as <br /> contained in Part I.A.1 of the permit . <br /> 2. The pH result of 6.37 standard units reported for September 19, <br /> 1986 is less than the minimum allowed by the permit of 7.0 standard units as <br /> contained in Part I.A. l. of the permit . <br /> 3. The 30-day average zinc concentrations of 10. 75 mg/1, 13. 2 mg/1 <br /> and 22 mg/1 for August , September and October, 1986 respectively exceed the <br /> 30-day average allowed by Part I.A.I. of the permit of 3.45 mg/l. <br /> CEASE AND DESIST ORDER <br /> Based upon the foregoing findings of fact and notice of violation, <br /> and pursuant to the provisions of 25-8-605, C.R.S . (.1982) , I hereby order you <br /> to. <br /> 1. immediately cease and desist all discharges of wastewater into <br /> state waters which are in violation of the permit; <br /> 2. submit to the division, in writing, within 15 days after <br /> issuance of this order, a detailed statement of the measures you have taken or <br /> plan to take to achieve immediate and long term compliance with paragraph 1 of <br /> this order; <br /> -2- <br />