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<br />JUSTIFICATION OF SETTLEMENT AGREEMENT FOR <br />Notice of Violation C-92-002 <br />(page 2 of 2) <br />Civil Penalty Assessment <br />History <br />The history component was not disputed. <br />Seriousness <br />I propose to reduce this component to $0.00. Failure to place a copy of the <br />insurance policy on file at the designated location is an administrative <br />violation which in my judgement, did not significantly obstruct the Division's <br />ability to enforce. The updated insurance form documents that the required <br />insurance coverage did not lapse, and was in effect at the time of the <br />January 22, 1992 inspection. With respect to the NPDES monitoring report and <br />sediment pond inspection reports, it appears that the required monitoring had <br />been performed and submitted to the Division. Again, failure to place such <br />records on file at the Oak Creek location did not, in my judgement, <br />significantly obstruct the Division's ability to enforce. <br />Fault <br />I concur with the proposed assessment for fault. The operator exhibited a <br />lack of diligence by failing to insure that the insurance certificate, NPDES <br />records and pond inspection reports were placed on file. The operator is <br />responsible for maintaining complete and up to date records in the area of <br />mining, and for the specified items, this was not done. <br />Good Faith <br />The abatement was completed in a timely fashion, but did not involve <br />extraordinary measures. <br />Proposed Civil Penalty <br />History $0.00 <br />Seriousness 200.00 <br />Fault 250.00 <br />Good Faith 0.00 <br />TOTAL $450.00 <br />Amended Civil Penalty <br />$0.00 <br />0.00 <br />250.00 <br />0.00 <br />$250.00 <br />/ern <br />1811E <br />