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Proposed Civil Penalty Assessment <br />Energy Fuels Coal, Inc / The Southfield Mine <br />NOV CV -2017-003 (Issued May 23, 3017) <br />Date of Proposed Assessment: June 29, 2017 <br />Materials reviewed: DRMS Inspection Reports (4/21/17; 5/15/17); NOV CV -2017-003 (5/23/17); E-mail <br />from DRMS Specialist Zach Trujillo requesting preparation of Proposed Civil Penalty Assessment <br />(6/20/17). <br />History [Rule 5.04.5(3)(a)]: <br />NOVs CV -2017-001 and CV -2017-002 were issued during the 12 months preceding the issuance <br />of NOV CV -2017-003; however, the time to request administrative review of these NOVs has not <br />yet expired. <br />The History component is therefore proposed to be set at $0. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed assessment may range from $0 to $1750. The amount <br />proposed depends upon whether the violation was one of performance requirements or of <br />administrative requirements. <br />In the case of a violation of performance requirements, the amount to be assessed for Seriousness <br />depends upon (1) the probability of the occurrence of the event which a violated standard is <br />designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of <br />area and impact on the public or environment. In the case of a violation of administrative <br />requirements, the amount to be assessed for Seriousness depends on the extent to which <br />enforcement was obstructed by the particular violation. <br />This NOV was written for a violation of performance requirements. Failure by the permittee to <br />erect mine ID signs created the probability that the public might not have known who to contact in <br />the event problems at the mine site were observed. However, the mine is for the most part <br />reclaimed, so severe problems occurring at the mine appears low. Duration, however, is from the <br />4/21/17 inspection to the 5/15/17 inspection. Seriousness is therefore considered Moderate. <br />The Seriousness component of this assessment is therefore proposed to be set at $500. <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" may range from $750 to $1500. <br />It appears the company's failure to erect its mine ID signs as directed by DRMS was intentional. <br />The Fault component is therefore proposed to be set at $1500. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />The permittee has not been abated this violation at this time. <br />Good faith credit is therefore not proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $2000. <br />