_GENERAL DOCUMENTS - C1981017 (143)

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a � �Yyos T 23 r -31- NOV C-84-104 Mid-Continent Resources, Inc. I. FINDING OF VIOLATION During the May, 1984 inspection, it became apparent that certain surface water and ground water monitoring records were unavailable. Specifically, there was a failure to monitor ground water at the rock tunnel waste disposal site between November, 1983 and May, 1984 and a failure to monitor NPDES discharge points for oil and grease concentrations. Notice of Violation (NOV) C-84-104 was issued. The Director finds that the violation occurred, and NOV C-84104 is upheld. II. PENALTY ASSESSMENT A. History: Based on the fact that one violation was issued against Mid-Continent Coal Resources within the 12 months prior to this NOV, $50.00 is assessed. B. Seriousness: The Division' s proposed assessment was based on the premise that a lack of water quality data and ground water monitoring data presents a very serious obstacle to enforcement. However, information presented during the conference indicates that, given previously established patterns of water quality and ground water levels, the particular data which is missing is not crucial . For example, during the winter period, for which water level data is missing, there has been no historical evidence that water levels have risen into the underground rock disposal pile. Ground water level measurements were taken during the winter months during 1982 and 1983. Also, the majority of discharge points which were not monitored for oil and grease do not discharge during the period for which data is missing. For these reasons, $1 ,200.00 is assessed for seriousness. C. Fault: The rationale for the proposed assessment supports the final assessment for moderate fault. $500.00 is assessed. D. Good Faith: No award for good faith. E. Total Assessment: The total civil penalty assessment for NOV 84-104 is $1,750.00.