2017-06-30_ENFORCEMENT - C1981014 (5)

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Proposed Civil Penalty Assessment Energy Fuels Coal, Inc / The Southfield Mine NOV CV -2017-002 (Issued May 23, 3017) Date of Proposed Assessment: June 29, 2017 Materials reviewed: E-mail from WD & Andrea Corley Jr to DRMS re EFCI loss of right of entry (1/4/2017); DRMS NOV CV -2017-002 (5/23/17); E-mail from DRMS Specialist Zach Trujillo requesting preparation of Proposed Civil Penalty Assessment (6/20/17). History [Rule 5.04.5(3)(a)]: NOV CV -2017-001 was issued during the 12 months preceding the issuance of NOV CV -2017- 002; however, the time to request administrative review of CV -2017-001 has not yet expired. The History component is therefore proposed to be set at $0. Seriousness [Rule 5.04.5(3)(b)]: The Seriousness component of a proposed assessment may range from $0 to $1750. The amount proposed depends upon whether the violation was one of performance requirements or of administrative requirements. In the case of a violation of performance requirements, the amount to be assessed for Seriousness depends upon (1) the probability of the occurrence of the event which a violated standard is designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of area and impact on the public or environment. In the case of a violation of administrative requirements, the amount to be assessed for Seriousness depends on the extent to which enforcement was obstructed by the particular violation. This NOV was written for a violation of administrative requirements. It appears that enforcement was not obstructed by this violation; however, failure by the permittee to inform the Division of its loss of its right of entry is a High level of Seriousness. The Seriousness component of this assessment is therefore proposed to be set at $750. Fault [Rule 5.04.5(3)(c)]: The fault component of a proposed civil penalty assessment may range from $0 to $1500. Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations that were the result of "negligence" may range from $250 to $750. Assessments for violations that resulted from "intentional conduct" may range from $750 to $1500. It appears the company's failure to inform the Division of its loss of its right of entry was intentional. The Fault component is therefore proposed to be set at $1500. Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: The permittee has not abated this violation at this time. Good faith credit is therefore not proposed at this time. The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $2250.