Operator Certification/Wastewater Enforcement: Colorado Department of Public Health & Environment Notice of Violation Addressing Lake City Mine

The Colorado Department Public Health & Environment (“CDPHE”) issued an October 30th Operator Certification Notice of Violation (“NOV”) to LKA International, Inc. (“LKA”) addressing an alleged violation of the Water and Wastewater Facility Operators Certification requirements. See OW-251030-1.

The NOV provides that LKA owns and/or operates the Golden Wonder Mine in Lake City, Colorado.

The mine is described as consisting of certain levels and is stated to be a:

… historical, currently idle, underground mine that has held a mining permit from the Colorado Department of Natural Resources’ Division of Reclamation, Mining and Safety (“DRMS”) since 1978.

The mine’s effluent is stated to consist of stormwater drainage from the Level 3 and Level 6 pads and the haul roads, mine adit drainage from the Level 6 portal, and two seep discharges that emanate from the toe of a waste rock pile beneath the Level 6 pad. It is stated to be subject to a Colorado Discharge Permit System (“CDPS”) Permit and treats stormwater and process water effluent. Included is an industrial wastewater treatment facility classified as Class B.

LKA is stated to have failed to provide the CDPHE Water Quality Division with information or documents demonstrating that the mine is operated under the direct supervision of an operator in responsible charge, holding a valid certificate at a classification equivalent to or higher than Class B for Wastewater Treatment. This is alleged to violate §25-9-110(2)(a), C.R.S., and 5 CCR 1003-2, §100.10.1(a).

The NOV orders LKA to comply with certain terms and conditions which include:

• Within 30 calendar days from the date of this NOV, LKA shall retain an operator-in-responsible- charge certified in classifications equivalent to or higher than the classifications of the Facility as specified in the Water and Wastewater Facility Operators Certification Requirements, 5 CCR 1003- 2.
• Within 45 calendar days from the date of this NOV, LKA shall submit to the Division the information specified in 5 CCR 1003-2, §100.10.4, documenting that the Facility is being operated under the supervision of an operator in responsible charge with the proper certification(s). The attached Change of Contact form may be used to report the required information. (Please note that the Facility’s classification(s) may change upon completion of any Facility improvements.)

The NOV provides the opportunity to request a hearing.

A copy of the NOV can be downloaded here.