Judge sides with conservation groups on stormwater

Geologic Slump in the Sunset Roadless Area

From the Gunnison Country Times

In a decision hailed by conservation groups as a win for water quality, a court has upheld a state decision to regulate a Gunnison County coalmine’s outlets as storm water drainages.  In 2019, the Colorado Water Quality Control Division issued a renewed discharge permit for the West Elk Mine, which is owned and operated by Mountain Coal Company (MCC). MCC ended up challenging before the Office of Administrative Courts the inclusion of eight stormwater discharge points that were added to the permit, arguing that these outfalls were exempted from stormwater regulation, that the Division had incorrectly applied effluent limitations, and that it also failed to consider the economic reasonableness of including these discharge points in the permit.  

Conservation groups, including High Country Conservation Advocates of Crested Butte, became intervenors in this case. A multi-day evidentiary hearing was held in May of this year, and the decision from the administrative law judge (ALJ) was issued this month that upheld in full the Division’s inclusion of these eight outfalls in the permit 

“Water quality is critically important for Gunnison County’s people, wildlife, and watershed health, especially in today’s warming and drying climate,” said Matt Reed, Public Lands Director at High Country Conservation Advocates. “We’re thrilled that in this case water quality — and oversight of that resource — came first, and that the West Elk coal mine is required to obey the laws and regulations protecting our waters.”