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l <br />DATE: June 4, 2001 <br />TO; Penalty Assessment Ollicer <br />FROM: Dan MaUtews ,~ <br />RE; NOV CV-2001-10 <br />Attached aze copies of NOV CV-2001-10 and associated Termination Notice. <br />History: No enforcement actions at Desetado vviU»n the previous 12 monUts. <br />Seriousness: There was no environmental damage. There was n»nor to moderate potential for <br />damage. A number of 55 gal drums containing oil, grease, and surfactants were stored in a betmed <br />equipment storage site, wiUt sediment conVOl provided by gravel surfacing and a sediment uap depression <br />wish a rock filter outlet. There was a hole on top of one of the grease containers, vviUt some grease residue <br />at Ute base of the container, but no indication Uu~t any fluids had spread front the immediate container <br />location. The berms and small sediment collection basin at the site provide a measure of protection in Ute <br />event of spillage, and would prevent a sudden spill from flowing off the disturbed area. However the <br />drainage outlet rock filter was designed to filter sediment, wiUt no provision for skimming oil film from <br />runoff water. <br />Fault There appears to have been some degree of negligence. While Ute road blister location referred to <br />as "Treasure Island" was a designated equipment storage site, it was not designated for non coal waste or <br />petroleum storage. A small number of 55 gal. drums and several smaller containers had apparently been <br />stored in an upper comer of Ute storage site for several years, mixed in with old equipment and parts. A <br />couple pallets of 55 gal. drwns had recently (apparcntiy within a few weeks prior to Ute inspeclon) been <br />placed a1 the site, a short distance in from Ute entrance. Scott Wartstedt indicated Utal he had been tmavvare <br />of the containers at the upper end of Ute storage area, but was aware of Ute drwns recently placed near the <br />entrance. He further indicated Uat he was aware Utat Ute drwns should not have been stored in that <br />IOCation, and Utat he had previously directed surface maintenance to remove the drams to an appropriate <br />lOCation wi0»n Ute `"D Portal" facilities area. <br />Remedial abatement was promptly completed on Ute afternoon/evening of Ma}• 9, the day the problem was <br />observed, (prior to NOV issuance) by removing all of Ute drums and other containers to a proper storage <br />location in the "D Portal" Area. Final abatement was completed wittin Ute designated time frame by <br />submittal of a complete teclutical revision application as specified in Ute NOV. <br />