2017-08-08_ENFORCEMENT - C1981014 (4)

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Proposed Civil Penalty Assessment Energy Fuels Coal, Inc / The Southfield Mine Cessation Order CO -2017-002 (Issued July 12, 2017) Date of Proposed Assessment: July 28, 2017 Materials reviewed: DRMS CO -2017-002 (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 Order CO -2017-001 on 7/12/17; however, the time within which EFCI can request administrative and/or judicial appeal of the NOVs and the CO 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 -2017-002 was written for EFCI's failure to abate NOV CV -2017-002, which in turn was written for EFCI's failure to maintain its legal right of entry. The violation cited in CO - 2017 -002 is therefore considered to be one of administrative requirements. 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 violation cited in CO -2017-002. It appears that enforcement was not obstructed by the violation cited in the CO; however, EFCI's failure to abate NOV CV -2017-002 is 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 -2017-002 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 -2017-002 is August 18, 2017. EFCI has not yet abated CO -2017-002. A reduction for Good Faith Credit is therefore not proposed. Number of Days [Rule 5.04.6]: The Division may assess a separate civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date fixed for abatement of a violation. In determining whether to make such an assessment, the Division may consider the extent to which the person to whom the notice or order was issued gained any economic benefit as a result of a failure to comply.