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<br /> <br />Rule 5.04.6 - Number of Days <br />DRMS may assess a separate civil penalty for each day from the date of issuance of the notice of violation or cessation <br />order to the date fixed for abatement of a violation. In determining whether to make such an assessment, DRMS may <br />consider the extent to which the person to whom the notice or order was issued gained any economic benefit as a result of <br />a failure to comply. <br /> <br />CV-2023-001 was issued to TMI on June 21, 2023. The date for abatement of the violation was fixed at August 11, 2023. <br />As noted above, DRMS proposed its decision to approve TR-134 on July 14, 2023 which, upon final approval, will satisfy <br />the abatement for CV-2023-001. <br /> <br />While CV-2023-001 will not be officially abated until the final approval of TR-134 has been issued, TMI did halt the <br />unapproved activities at the site within one day of DRMS’s June 12, 2023 inspection. This was confirmed by DRMS <br />during its June 13, 2023 site visit (to serve CO-2023-001). <br /> <br />Therefore, the number of days for this proposed assessment will be for one day. <br /> <br /> The number of days is proposed at 1. <br /> The total penalty assessed per day of violation is $2,000.00. <br /> <br />The total proposed civil penalty assessment for this NOV is therefore set at $2,000.00.