2017-06-30_ENFORCEMENT - C1981014 ‎(4)‎

• Permit No: C1981014
• IBM Index Class Name: Enforcement
• Doc Date: 6/30/2017
• Doc Name: Notice of Proposed Amount of Civil Penalty Request for Conference
• From: DRMS
• To: Energy Fuels Coal, Inc
• Violation No.: CV2017001
• Email Name: JRS
• Email Name: DIH
• Email Name: ZTT
• Media Type: D
• Archive: No

Proposed Civil Penalty Assessment
Energy Fuels Coal, Inc / The Southfield Mine
NOV CV -2017-001 (Issued May 23, 2017)
Date of Proposed Assessment: June 29, 2017
Materials reviewed: E-mail from WD & Andrea Corley Jr to DRMS re EFCI dissolution (1/4/2017);
DRMS Inspection Report (5/15/17); DRMS NOV CV -2017-001 (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)]:
No NOVs have been issued at this site during the 12 months preceding the issuance of NOV CV -
2017 -001,
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 apparent voluntary corporate dissolution is Significant.
The Seriousness component of this assessment is therefore proposed to be set at $1000.
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 that the company's failure to inform the Division of its apparent voluntary corporate
dissolution 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 $2500.