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• IIIIIIIIIIII III II III II I • INTEROFFICE MEMORANDUM TO: FOIDEL CREEK M W E. CPDES PERMiT CO-0042161 FROM: JANET BIIVNS SUBJECT: MINE DISCHARGE WATER SPn I s AT FISH CREEK BOREHOLE DATE: 03/24/ 1999 CC: DAN HERNANDEZ I called Carla Lenkey of CDPH&E on 3/23/99 to confirm that Twentymile Coal Company has been in communication with her regarding the spills at the Fish Creek Borehole, and I wanted to have an indication if CDPH&E considered that they would take enforcement action. Cazla returned my call on 3/24/99. She has been contacted by Twentymile Coal Company for both spills. She had not received the written notification letters yet. Since this is a permitted discharge, even if Twentymile Coal Company by-passed the treatment facility they would still be required to report this discharge. Even though it is not passing through the pernli[ted discharge point (it has bypassed) the discharge would still be required to meet the effluent limits. One exceedence of their effluent limits does not necessarily constitute a violation. CDPH&E watches a permit closely once they see non-compliance, they will submit information to the District Engineer for the particulaz County. They will watch discharges fora "period of time", usually a minimum of 3 months, and see if there is a pattern of that exceeds the "significant non-compliance" criteria, then they may take enforcement action. At this point in time Carla did believe that they are seeing an~enforcentent scenario. [f Twentymile Coa] Company was not making efforts to treat their discharge and repair their "bypass", then CDPH&E would be more concerned. I asked if there would be any conflict with CDPH&E if CDMG found Twentymile Coal Company out of compliance with their DMG permit and took enforcement action. She thought not, but would want us to keep her informed of what actions we pursue. Send her copies of any enforcement we might take.