|
period : January 18 ,- 20 , 21 , 22 , 23 , 24 , 30 and - 31 , 1989,
<br /> February 1, 2, 10, - 11 , 12, 13 , -17 , 18, 19, 20, 21 , 22, 23 , -24, -25
<br /> and 26 , 1989 . Pursuant to Part I .A. 10 of the Permit , these
<br /> �t._precipitation events;i:e:'" snowmeltr' affected--the--3isZnargesor�'� --
<br /> volume of discharge at Outfall No. 016 and/or caused the standard
<br /> of compliance to be measured by other than TSS.
<br /> Fifth Affirmative Defense
<br /> 9 . As a fifth affirmative defense of the allegations
<br /> contained in the Second Amended Notice of Violation ,
<br /> Mid-Continent states and alleges that precipitation occurred on
<br /> at least the following dates beginning January 17 , 1989 and
<br /> continuing through any alleged thirty or- thirty-seven day
<br /> period: January 23 , 24 and 25 , February 1 , 2 , 3 , 8, 9, 10 , 12,
<br /> 13 , 19 , 20 , 26 and 27 , 1989. Pursuant to Part I .A. 10 of the
<br /> Permit , these precipitation events; i . e. snowfall, affected the-
<br /> discharge or volume of discharge at Outfall No. 016 and/or caused
<br /> the standard of compliance to be measured by other than TSS.
<br /> Sixth Affirmative Defense
<br /> 10 . As a sixth affirmative defense to the allegations
<br /> contained in the Second Amended Notice of Violation ,
<br /> Mid-Continent states and alleges that on or about February 1,
<br /> 1989 an avalanche of snow slid onto and into the ,:peer uond of
<br /> Outfall No . 016 affecting the discharge and/or volume of
<br /> discharge at Outfall No . 016 . This avalanche was an uuset
<br /> condition and an Lct of God beyond the control of Mid-Continent,
<br /> it affected the discharge or volume of discha_ce at Outfall No.
<br /> 016 and/or cause-d the standard of compliance to he measured by
<br /> other than TSS.
<br /> Seventh A±=irma=ive Defense
<br /> 11. As a seventh af<irmative defense to the allecations
<br /> contained in the S-econd Amended Notice of Violation, -
<br /> Mid-Continent states and alleges that a major storm deposz:ted 48
<br /> inches of- snow onto the ponds, and each of them, at Outfall No.
<br /> 016 on February 4 and 5 , 1989 affecting the discharge and/or --- _-_ -
<br /> volume of discharge at Outfall No. 016 . This extraordinary
<br /> amount of snowfall in such a short period of time was an upset
<br /> condition and an Act of God beyond the control of Mid-Continent,
<br /> it affected the discharge or volume of discharge at Outfall No. -
<br /> 016 and/or caused the standard of compliance to be measured by
<br /> other than TSS. -
<br /> Eighth Affirmative Defense
<br /> 12. As an eighth affirmative defense to the allegations
<br /> contained in the Second Amended Notice of Violation ,
<br /> MCR Amended Answer to
<br /> 2nd Amended NoV - 5 -
<br />
|