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Mid-Continent states and alleges that the move--in <br /> dragline to dredge the ponds of Outfall No.-_016:begaii <br /> 1989 and continued the next following days --.whi�c e <br /> companion- efforts,-- including- snow removals-and-handl <br /> the access in order to reach the ponds of Outfall No.,- <br /> -up was an upset condition - <br /> equipment equipment move-in and set mot <br /> the discharge or volume of discharge at Outfall No.,_016 <br /> caused the standard of compliance to be measured by *.oth <br /> TSS. - <br /> Ninth Affirmative Defense <br /> 13 . As a ninth affirmative defense to the allegation <br /> contained in the Second Amended Notice - of Violation;' <br /> Mid-Continent states and alleges that the three ponds upstream. <br /> - <br /> from Outfall No. 016 were dredged beginning February 7, -1989 Ana <br /> continuously , each in turn, thereafter through and to March: �., ; <br /> 1989 . This dredging was an upset condition, and it affected ` <br /> discharge or volume of discharge at Outfall No. 016 and/or caiis <br /> the standard of compliance to be measured by other than TSS.=- � <br /> Tenth Affirmative Defense <br /> 14. As a tenth affirmative defense to the allegatinu <br /> contained in the Second Amended Notice of Violate <br /> Mid-Continent states and alleges that underground mining actzv,� <br /> during any thirty day period alleged in the Second AmendedN <br /> of Violation, and specifically szarzing January 17 , 1989,`or <br /> January 26, 1989 until February 23, 1939, was variable <br /> continuous, discharges of mine warmer to and through Out <br /> 016 fluctuated significantly which, in turn, a=fecred_ she <br /> discharges from Outfall No_ G16. - - <br /> Eleventh Affirmative De-_emse - <br /> 35_ As an eleventh affirmanive defense -to theta <br /> contained i.. the Second bmended Notioe _ of <br /> Mid-Continent states and alleges that snow_all dnri <br /> of December , 1988 was 50.75 inches, 163% of average_;;_ ' . <br /> month of January,- 1989 was - 31_5 inches ,_.114$__ t3�,' I` <br /> during February, 1989 was 75.5 inches, 332% of averags.� <br /> occurrences and their cumulative effect were upset cons <br /> Acts of God - beyond the control of Mid-Cont-inent;-whi <br /> the discharge or volume of discharge at Outfallt No: <br /> caused the standard of compliance to be measured I <br /> Twelfth Affirmative-Defense` <br /> 16. As a twelfth affirmative defense to _ <br /> contained in the Second Amended Notice <br /> ;,F <br /> MCR Amended Answer to .� <br /> 2nd Amended NoV - 6 "'` =` <br />