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EXHIBIT B <br />Part II - Administrative Violations Penaltv Determination <br />Part III - Base Penalty Total <br />Amount in <br />Dollars <br />Line Base Penalty Total $571743.00 <br />15 (Sum of Line 9 + Line 14) <br />Peabody Penalty Computation Worksheet <br />Page 4 of 6 <br />Violation Type <br />Adjustment <br />Amount in <br />Dollars <br />Line 10 <br />Failure to properly report <br />N/A <br />Calculation: Pursuant to the permit, Peabody was required to analyze for selenium using <br />the analytical method with the lowest detection limit. Peabody measured for selenium using <br />two separate analytical methods, one of which had a PQL greater than the acceptable State <br />PQL. The method with the greater PQL (ie., the less sensitive method) quantified a lower <br />selenium concentration in the effluent. Peabody improperly reported the lower selenium <br />concentration data obtained with the less sensitive analytical method for the 2nd Q 2011 and <br />2nd Q 2012. <br />Part II.B.2.c. of the Civil Penalty Policy outlines that penalties for reporting violations will <br />be up to $100 per day. However, the Division conservatively chose not to assess a penalty <br />for the 2nd Q 2011 and 2nd Q 2012 reporting violations because both methods detected <br />selenium concentrations in excess of the permit effluent limitations and therefore, even <br />with the use of the wrong data, Peabody reported effluent violations that were considered <br />significant non-compliance and triggered a formal enforcement response (note that in <br />response to the NOV/CDO Peabody submitted revised DMRs with the correct data). Further, <br />an administrative penalty of up to $100 for each of these quarters is relatively insignificant <br />in comparison to the potential damage penalty for the effluent violations which is captured <br />in the potential damage section above. <br />Line <br />N/A <br />11 <br />Calculation: <br />Line <br />N/A <br />12 <br />Calculation: <br />Line <br />N/A <br />13 <br />Calculation: <br />Line <br />Administrative Violation <br />14 <br />Total <br />$0.00 <br />(Sum of Lines 10 through 13) <br />Part III - Base Penalty Total <br />Amount in <br />Dollars <br />Line Base Penalty Total $571743.00 <br />15 (Sum of Line 9 + Line 14) <br />Peabody Penalty Computation Worksheet <br />Page 4 of 6 <br />