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EXHIBIT B <br />B. Fault Component <br />Amount in <br />Dollars <br />Line 6 Fault: Category 2 (Not to exceed <br />$3000/day) $1, 500.00 <br />Justification: Peabody has significant managerial, legal, and technical resources available <br />at its disposal and was well aware of the violations, yet failed to implement a technical <br />solution to address the quality of water discharged from each outfall. Peabody did pursue a <br />regulatory solution by seeking a temporary modification and gathering additional in -stream <br />flow data to support different permit effluent limitations. However, there is still some <br />question as to whether or not Peabody can consistently meet the selenium effluent <br />limitations at each outfall. While the Division believes the application of a category 3 fault <br />is justified, the Division conservatively assigned a Category 2 Fault for the purpose of <br />settlement. The Division has chosen the midpoint of the Category 2 range, as the Division <br />has no additional information to support adjustments from this value. <br />C. History Component <br />Amount in <br />Dollars <br />Line 7 History: N/A (Not to exceed <br />$1000/day) $0.00 <br />Justification: Peabody has no violation history with the Division. <br />Peabody Penalty Computation Worksheet <br />Page 2 of 6 <br />Violation Type <br />Adjustment <br />Amount in <br />Dollars <br />For the purposes of calculating the potential damage associated with the violations <br />reported at Outfall 004A in the 1St quarter 2014, the division utilized the penalty associated <br />with the selenium violation only, which is consistent with Division practice and Section <br />(A)(1) of the Civil Penalty Policy which outlines that for any calendar day where there was <br />more than one violation cited, the potential damage component for that day shall be set <br />using the largest penalty amount for any individual parameter (in this case, the Division is <br />assuming the samples were collected on the same day). <br />Line 2 <br />N/A <br />Calculation: <br />Line 3 <br />N/A <br />Calculation: <br />Line 4 <br />N/A <br />Calculation: <br />Line 5 <br />Potential Damage Total <br />(Not to exceed $6000/day) <br />$1,428.00- <br />(Sum of Lines 1 through 4) <br />$3,122.00 <br />B. Fault Component <br />Amount in <br />Dollars <br />Line 6 Fault: Category 2 (Not to exceed <br />$3000/day) $1, 500.00 <br />Justification: Peabody has significant managerial, legal, and technical resources available <br />at its disposal and was well aware of the violations, yet failed to implement a technical <br />solution to address the quality of water discharged from each outfall. Peabody did pursue a <br />regulatory solution by seeking a temporary modification and gathering additional in -stream <br />flow data to support different permit effluent limitations. However, there is still some <br />question as to whether or not Peabody can consistently meet the selenium effluent <br />limitations at each outfall. While the Division believes the application of a category 3 fault <br />is justified, the Division conservatively assigned a Category 2 Fault for the purpose of <br />settlement. The Division has chosen the midpoint of the Category 2 range, as the Division <br />has no additional information to support adjustments from this value. <br />C. History Component <br />Amount in <br />Dollars <br />Line 7 History: N/A (Not to exceed <br />$1000/day) $0.00 <br />Justification: Peabody has no violation history with the Division. <br />Peabody Penalty Computation Worksheet <br />Page 2 of 6 <br />