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Justification for the Proposed Settlement Agreement for NOV C-84-071 <br />At the assessment conference, the fact of the violation was not <br />contested. The coal staff proposed a civil penalty as follows: <br />History $ 350.00 <br />Seriousness ;1,300.00 <br />Fault ; 750.00 <br />TOTAL 2,400.00 <br />At the assessment conference, there was considerable discussion <br />regarding seriousness and fault. Based on the fact that the absence of <br />maintenance on many of the existing surface water control structures did occur <br />and the company failed to construct certain diversion ditches, damage was <br />likely to occur as a result of the violations. The duration of the potential <br />damage has long been based on the evidence submitted at the assessment <br />conference. I do not believe, however, that the extent of potential damage <br />would be as large as assumed and the staff's civil penalty assessment. I am <br />thus reducing the seriousness component from ;1,300 to $1,000. <br />During a discussion concerning fault, it became apparent that although <br />the company was negligent in not maintaining the systems, which were the <br />subject of the violation, they do not deserve a civil penalty at the highest <br />end of negligence. Thus, I am reducing the civil penalty for negligence to <br />$500.00. Most of the abatement was completed well in advance of the deadlines <br />in the violation. Additionally, the redesign that was submitted, came in a <br />week prior to the deadline. For this reason, I am proposing a reduction of <br />$250.00 for good faith. Thus, the proposed settlement agreement civil penalty <br />is: <br />History $ 350.00 <br />Seriousness ;1,000.00 <br />Fault $ 500.00 <br />TOTAL 1,850.00 <br />Good Faith Reduction $ 250.00 <br />TOTAL $1,650.00 <br />