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ICG Hazard, LLC, operates the Thunder Ridge surface coal mine in Leslie County, Kentucky, under a National Pullutant Discharge Elimination permit issue dby the Kentucky Division of Water (KDOW). As part of the operation, ICG discharges selenium into the surrounding water. Selenium is a naturally occuring element that endangers aquatic life once it reaches a certain concentration. KDOW knew when it issued the permit that mines in the area could produce selenium but did not specifydischarge limits for the elements in ICG's permit. Instead, the agency imposed a one-time monitoring requirement, which ICG met. Does ICG's discharge of Selenium violate any federal regulations and, if so, which ones and how?

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