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S&C, LLC operates the Hartshorne coal mine in West Virginia. They received a permit from the West Virginia Department of Health & Environment. Part

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S&C, LLC operates the Hartshorne coal mine in West Virginia. They received a permit from the West Virginia Department of Health & Environment. Part of the mining operation involves the discharge of selenium into the surrounding water. Selenium is an element which naturally occurs, but when discharged resulting in excessive concentrations endangers the life of animals and organisms living in the water. West Virginia KDHE was aware that selenium was a product of coal mining operations but did not specify any limits for S&C's permit. S&C's permit only required a one-time testing requirement, which was passed. Instructions: Review the above fact-scenario and consider whether S&C's discharge of selenium violates the Clean Water Act. Explain your answer.

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