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<br />For the purposes of calculating the final penalty, the Division has considered the days on <br />which a discharge was observed at the mine and was cited in the NOV. These dates are June 29, <br />1992, July 25, 1992, and August 19, 1992. Therefore there were a total of three days of violation <br />considered in this penalty. <br />In addition, if Trinidad Basin has realized a documentable economic benefit from <br />noncompliance, then the amount of economic benefit is to be added to the calculated penalty. The <br />adjus'ed penalty cannot exceed $10;000/day of violation. <br />In this case, Trinidad Basin has realized an economic benefit equal to the total amount of <br />permit fees they have avoided by not having a permit as required. The total economic benefit <br />calculated in back permit fees is $6,116. Documentation for this assessment is attached as Exhibit <br />C and incorporated here'm by reference. <br />TOTAL PENALTY = (Total Gravity Penalty/Day)*(Days of Violation) + Economic Benefit <br />_ ($1,400/day)*(3 days) + $6,116 <br />_ $5,200 + $6,116 <br />_ $11,316 <br />The Division received no comments on this matter. <br />On the basis of the foregoing, the Division recommends that you now impose a civil <br />penalty of $11,316 against Trinidad Basin for the violations cited in the Notice of Violation and <br />Cease and Desist Order and Clean Up Order issued on December 15, 1992, which amount shall <br />be paid in full within thirty (30) days of receipt of the Order for Civil Penalty. <br />7 <br />