_ENFORCEMENT - C1981017 (5) - Laserfiche WebLink

Home Browse Search

a Mr. Robert Hagen - 2 - November 7 , 1990 The Division has notified the operator in writing, that appropriate demonstrations for all approved SAE' s will need to be submitted to the Division within 60 days. A copy of this correspondence is enclosed for your reference. Issue 2: This is an alleged violation of Rule 4.05 .50 )(a ) for failure to prevent, to the extent possible, additional contributions of sediment to stream flow. The area cited is sediment pond discharge at NPDES point 016. The citation in the Ten Day Notice focuses on the phrase in Rule 4.05 .50 ) (a ) referring to additional contributions of sediment. When the rule is read in its entirety, it states that "appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available . . . " to prevent additional sediment contributions. Best technology currently available is defined in Rule 1 .04(17) as "equipment, devices , systems, methods, or techniques which will ... prevent to the extent possible, additional contributions of sediment, as determined by the Division ." When the Coal Basin Mine was permitted, the Division determined that sediment ponds were acceptable as the "best technology currently available" for treating surface drainage. The 016 ponds were designed and constructed as approved by the Division. The ponds have been maintained by the operator such that they were capable of functioning properly the ponds were cleaned on May 4, 1990 and August 24, 1990. Mine water discharge after August 16, 1990 actually carried less sediment than usual because the mine was closed due to an underground fire. Furthermore, the pond discharge during the inspection was in compliance with effluent limits in the mine 's discharge permit. Both the OSM and CMLRD inspectors collected water samples of the pond discharge and from Dutch Creek on October 18, 1990. Lab analyses of the samples were performed independently to determine total suspended solids . The mine received 0.11 of precipitation in the form of snow, on the day prior to sample collection. The mine 's NPDES discharge permit specitically exempts compliance with TSS effluent limits within 48 hours of pond inflow due to snow melt. Therefore, there is no evidence that the pond discharge was in exceedance of permitted effluent limits . In summary, the operator designed, constructed and maintained sediment ponds to prevent, to the extent possible, additional contributions of sediment to stream flow. The ponds were approved by the Division as "best technology currently available" for this purpose. The pond discharge was in compliance with NPDES ettluent limits . The operator was acting according to the approved mine plan. There was no violation. Therefore, an enforcement action would be inappropriate.