1983-11-22_ENFORCEMENT - C1981017

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-2- The extent of the damage is considered to be medium (value of 3), since the TSS discharge levels of 1310 mg/l on April 12th and 330 mg/l on April 13th are considerably in excess of the NPDES limitation of 70mg/l. However, the seriousness is mitigated to some degree by the fact that Coal Creek during spring is characterized by relatively high TSS levels. The total penalty assessed for seriousness is $650.00. 5.04.5(2)(c) - Fault ($250.00 minimum, $1,500.00 maximum). The violation resulted from failure to maintain the sediment control system. The violation fits the category of negligence for the following reasons: 1 . The Division had previously noted that the slurry pond was not functional and advised the operator of the potential problem. 2. Significant runoff from snowmelt and wash plant discharge had occurred for a number of days prior to the inspection. The sediment control system should have been closely monitored during this period. 3. The potential for spring runoff drainage problems has been documented in the past at Coal Basin. The potential problem should have been anticipated, and preventive measures could have and should have been implemented. The slurry pond and the upper sediment pond should have been cleaned out before the problem was noted during the inspection on April 12, 1983. The maximum penalty of $750.00 is assessed for fault. Summary History $50.00 Seriousness $650.00 Fault $750.00 Total $1,450.00 Note: The Health Department has indicated that they would issue an NOV for the discharge exceeding NPDES limitations, but would not pursue a civil penalty if they are satisfied that our final assessment is adequate. The violation would probably be a class B offense for a small industry, and could result in a fine of from $500.00 to $2,500.00 per day under their classification system. /ep Doc. No. 2560