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~,,,, <br />The penalty guidelines allow for a deduction from the total per day penalty based on <br />cooperation by the violator as follows: 1) Good Cooperation -deduct 15 %; 2) Fair Cooperation - <br />deduct 5-10%; and 3) Poor Cooperation - no deduction. The deduction would be made to the total <br />penalty calculated by adding the amounts attributed to potential damage, willfulness, and violation <br />history. <br />No deduction was made on the basis of cooperation due to the following reasons: <br />- having held a discharge permit in the past, Trinidad Basin is aware of the conditions <br />which necessitate a permit and could have been reasonably expected to hold a permit prior <br />to the time the discharges occurred; <br />- Trinidad Basin has failed to follow through with its promise to acquire a permit or to take <br />measures to prevent further discharges from the mine; <br />- the Division did not receive timely responses to the NOV. A notice of intent to comply <br />with the NOV due within 10 days of its receipt was not submitted to the Division. A <br />detailed statement of measures to comply with the NOV due within 15 days of its receipt <br />was not submitted to the Division; <br />- the Division received no response to corn:spondence intended to initiate settlement of the <br />NOV; <br />- Trinidad Basin has been reluctant to admit responsibility for the discharges, regardless <br />of reasonably expected storm events; <br />- Trinidad Basin has failed to pay delinquent permit fees for the permit suspended in 1986. <br />Potential Damage Penalty <br />Willfulness Penalty . <br />Violation Penalty <br />Discount for Cooperation <br />Total Gravity Penalty per Day of Violation <br />$700/day of violation <br />$700/day of violation <br />$ Olday of violation <br />(,~ (1/dad ~f vim _lati~nl <br />$1,400 <br />