1992-07-21_REVISION - M1988112

• Permit No: M1988112
• IBM Index Class Name: Revision
• Doc Date: 7/21/1992
• Doc Name: MINUTES MLRB
• Type & Sequence: AM1
• Media Type: D
• Archive: No

•
Minutes, July 22-24, 1992
D ~~~
Subject To Board Approval 14
It was MOVED that the Board fird that two violations have occurred as
described by the Staff and follow the Staff's recommendations in all
cases regarding finding the operator in violation, the issuance of
cease and desist orders and ordering corrective act ons. SECGNDED.
ThEa Board inquired about the practice of assessing a civil penalty
based on a certain amount per day and extending its payment to another
Board Meeting or past 30 days. Staff explained that the recent civil
penalty policy allows the operator to return to the Board and request
reconsideration of the unsuspend~ad portion of a civil penalty. Staff
said that at the time the policy was established, the Consensus of the
Board was that a mine remains in violation until problems are
corrected. The policy allows the Eioard to set a compliance date, with
the violation continuing until compliance is reached. If the operator
has reached compliance prior to the date set by the Board, suspension
or refund of a portion of the cavil penalty could be pursued by the
operator.
Staff said another option the Board could consider would be setting a
compliance date to expire at a future Board Meeting, with the amount of
the civil penalty to be considered at that time. The amount of the
daily fine (civil penalty) would continue to accrue until corrective
actions are considered by the Boa°d.
With agreement from the Second, the Board amended the previous Motion
to include direction to the Division to write a possible notice of
violation upon returning to Denver, if at that time the operator has
not submitted a request for- Temporary Cessation. If necessary, that
possible violation will be considered by the Board during the August
1992 Board Meeting. SECONDED AID PASSED UNANIMOUSLY (Kraeger-Rovey,
Cooley, Stewart, Danielson, Danni and McCannon).
Staff said the civil penalty policy would be amended to include the
Board's consensus that civil penalties will be assessed in the manner
discussed today. This change in the policy will be presented to the
Board during the August 1992 Board Meeting for review.
It was h10VED that the Board continue consideration of the matter of the
civil penalty until the August 1992 Board Meeting at which time the
number of days of violation will be determined based on information
that is not available at this time. SECONDED AND PASSED UNANIMOUSLY
(Kraeger-Rovey, Cooley, Stewart, Danielson, Danni and McCannon>.