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Fault <br />Fault was proposed as intentional because coal was stockpiled in <br />one ditch which appeared to have been done intentionally. <br />Numerous structures in the permit area had not been maintained. <br />Mr. Thompson disagreed with the proposal and claimed that it was <br />not intentional conduct to have the pipe leak or the ditches <br />partially fill in. The pipe had just started leaking and the <br />operator overlooked cleaning these ditches. <br />Mr. Hernandez felt that it was intentional conduct. Because the <br />operator chose not to maintain the structures, it appeared that a <br />management decision had been made to remove personnel from <br />environmental maintenance in favor of mining coal. Mr. Thompson <br />stated that it was not an intentional decision to eliminate <br />maintenance. The mine was short handed. As a result, many <br />things that needed to be taken care of were missed. <br />I am proposing to reduce the fault component to $750.00, the <br />maximum amount for negligence. It appears to me that this <br />violation occurred due to indifference, lack of diligence and <br />lack of reasonable care. No firm evidence was presented showing <br />that it was intentional conduct. <br />Settlement Agreement Penalty Proposed $1800.00 <br />