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f <br />.' <br />Mr. Bill Wilson <br />-2- <br />The values are assigned using the following procedure: <br />1. Probability of occurrence <br />a. damage did occur <br />b. damage is likely to occur <br />c. damage is not likely to occur <br />2. Duration of Damage <br />a. short, less than 45 days <br />b. medium, 45-90 days <br />c. long, greater than 90 days <br />3. Extent of damage <br />value of 4 <br />value of 3 <br />value of 2 <br />value of 2 <br />value of 3 <br />value of 4 <br />a. insignificant value of 0 <br />b. slight value of 1 <br />c. small value of 2 <br />d. medium value of 3 <br />e. large value of 4 <br />Fault -Maximum Penaltv is 51.500.00 <br />May 29, 1984 <br />1. If the violation was unavoidable despite the exercise of reasonable <br />care, no assessment for fault will be made. <br />2. If a violation occurred because of negligence, i.e., due to <br />indifference, lack of diligence, or lack of reasonable care, an assessment of <br />at least $250.00, but not more than $150.00 will be made. <br />3. If a violation occurred because of reckless knowing or intentional <br />conduct, an assessment of at least $750.00, but not more than $1,500.00, will <br />be made. <br />No Notices of Violation have been issued at this operation within the <br />preceding year, therefore, no civil penalty is assessed for history of <br />previous violations. <br />In the case of NOV C-84-062, the Division determined that damage did occur <br />since there was evidence of previous flow events at both monitoring stations <br />inspected; the duration of damage is short since additional data can be <br />collected; and the extend of damage is small since the information lost will <br />likely be a small portion of the total. Using the system previously <br />discussed, an assessment of $437.50 rounded off to 440.00 is proposed. <br />In the case of NOV C-84-063, the Division determined that damage was not <br />likely to occur since thunderstorms during April are rare; and the duration <br />and extent were found to be short and small respectively. Using the <br />assessment system, an assessment for seriousness of $218.75 rounded to $220.00 <br />is proposed. <br />For the fault component, it was determined that bath violations best fit the <br />category of negligence. The minimum of $250.00 was assessed for NOV C-84-062 <br />and the maximum of $150.00 was assessed for NOV C-84-Ob3. <br />