2017-08-08_ENFORCEMENT - C1981014 (3)

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Proposed Civil Penalty Assessment Energy Fuels Coal, Inc / The Southfield Mine Cessation Order CO -2017-003 (Issued July 12, 2017) Date of Proposed Assessment: July 28, 2017 Materials reviewed: DRMS CO -2017-003 (7/12/17); E-mail from DRMS Specialist Zach Trujillo requesting preparation of Proposed Civil Penalty Assessment (7/27/17). History [Rule 5.04.5(3)(a)]: Energy Fuels Coal Inc (EFCI) was issued NOVs CV -2017-001, CV -2017-002, and CV -2017-003 on 5/23/17, and Cessation Orders CO -2017-001 and CO -2017-002 on 7/12/17; however, the time within which EFCI can request administrative and/or judicial appeal of the NOVs and COs 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 and/or administrative requirements. CO -2017-003 was written for EFCI's failure to abate NOV CV -2017-003, which in turn was written for EFCI's failure to maintain its mine and permit identification signs. The violation cited in CO -2017-001 is therefore considered to be one of performance 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 violation 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 and environment. Failure by EFCI to maintain its mine and permit ID signs created the probability that the public might not have known who to contact in the event problems at the mine site were observed. However, the mine is for the most part reclaimed, so the probability of severe problems occurring at the mine appears low. Duration, however, is from the 4/21/17 inspection to the date of the issuance of CO -2017-003 (7/27/17). Seriousness is therefore considered 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 EFCI's failure to abate NOV CV -2017-003 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 abatement date for CO -2017-003 is August 18, 2017. EFCI has not yet abated CO -2017-003. A reduction for Good Faith Credit is therefore not proposed.