ENFORCE20261 - Laserfiche WebLink

Home Browse Search

Minutes, June Z4-25, 1992 DRAFTS z~ Subject To Board Approval It was MOVED that the Board continue this matter to the July 1992 Board Meeting and ask the Attorney General to review the matter and be prepared to advise the Board at that time. SECONDED. Mr. Rodney Knutson, representing Mr. Steen, addressed the Board and stated that this is a legal issue and that the owners of Mi Vida Enterprises, in which Mr. Steen has an interest) would be willing to work with the Attorney General for the purpose of resolving this matter. The Director suggested that the Board continue the matter to the August 1992 Board Meeting to allow ample time to meet with the parties to resolve the issue of the names of the co-permittees. Mr. Steen also requested that if the matter is continued to the August Board Meeting, the Board also stay the matter of the civil penalty until that time. At this point, the Board decided to hear the second portion of this reconsideration request. Staff stated that the second portion of the reconsideration request concerns COM, Int.'s exception to the method used by the Division to arrive at the civil penalty, as well as the amount of the civil penalty. Staff said that the Division's opinion is that the operator had not provided new information or information that was not available at the time that the Board originally considered this matter. Mr. Clayton Johnson, an attorney representing the operator, addressed the Board and stated that COM, Inc, feels they have submitted their share of the civil penalty. He said that because he has only recently become invoived in this matter, he would appreciate some extra time to review the situation. Mr. Johnson said he feels that COM, Inc. has new issues to present. Mr. Johnson stated that during his review of the record, he did not find an indication that the violations found were caused by a willful disregard to the regulations. Mr. Johnson discussed the issue of ore being 4 and Cross Mines and processed at the mill. He removed would not have required a permit and from the Cross Mine had not been processed. letters from Ms. Gwen Fraser, of COM, Inc., discussed. xtracted from the Buena said the amount of ore that the ore purchased Mr. Johnson referenced in which the ore was Mr. Johnson said another matter which he said was reason for reconsideration was that the fine issued was based on 123 days of mill operation. He said the operator has log records which indicate that the mill operated for 31 days and that there was no significant damage to the environment. Mr. Johnson asked the Board to reconsider the amount of the fine and/or its reduction or suspension, on the basis of the information he presented today and the fact that the co-operators are working in good faith to resolve the problems at the site.