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2024-07-01_ENFORCEMENT - C1996084
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2024-07-01_ENFORCEMENT - C1996084
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Last modified
1/21/2025 12:04:08 PM
Creation date
7/1/2024 9:13:52 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1996084
IBM Index Class Name
Enforcement
Doc Date
7/1/2024
Doc Name
Notice of Proposed Civil Penalty
From
DRMS
To
New Elk Coal Company, LLC
Violation No.
CV2024001
Email Name
JLE
ZTT
Media Type
D
Archive
No
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required to be completed by July 1,2024 for CV-2024-001. NECC must submit to the Division a certificate <br /> showing that a policy for public liability insurance is in force in accordance with Rule 2.03.9(1). <br /> To the date of this assessment,NECC has not provided a response or feedback to the Division within the 15-day <br /> period or provided a certificate showing that a policy for public liability insurance is in force in accordance with <br /> Rule 2.03.9(1). Given that no response has been provided and no action has been taken by NECC,no penalty <br /> subtracted for good faith in achieving compliance has been credited to the civil penalty assessment. <br /> Penalty Subtracted: $0 <br /> Rule 5.04.6-Number of Days <br /> The Division may assess a separate civil penalty for each day from the date of issuance of the notice of violation <br /> or cessation order to the date fixed for abatement of a violation. In determining whether to make such an <br /> assessment,the Division may consider the extent to which the person to whom the notice or order was issued <br /> gained any economic benefit as a result of a failure to comply. Notice of Violation CV-2024-001 was served to <br /> NECC on May 30,2024. The date for abatement of the violation cited in the Notice of Violation was fixed at <br /> July 1, 2024. Therefore,the number of days for this Proposed Assessment will be for the period from the Notice <br /> of Violation required abatement date,a total of 0 days. <br /> The number of days is proposed at 0. <br /> Total penalty assessed per day of violation: $0 <br /> The total proposed civil penalty assessment for this NOV is therefore set at$1,250.00 <br />
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