Laserfiche WebLink
r. <br />Justification for Proposed Settlement Agreement for NOV C-99-003 <br />The fact of [he violation was not contested by Twentymile Coal Company. The staff Assessment <br />Officer proposed a civil penalty as follows: <br />History $ -0- <br />Seriousness $1.250 <br />Fault $ 500 <br />$1,750 <br />During the assessment conference, Mr. Mills, representing Twentymile Coal Company, indicated <br />that no impact had resulted to the environment as a result of the series of three pipeline ruptures. <br />The pipeline ruptures apparently occurted due to plugging of the pipeline caused by precipitation <br />of iron oxides resulting from the introduction of Sodium Hydroxide into the pipeline. An in- <br />determinant volume of non-compliant effluent had been lost to Fish Creek. However, the result <br />of dilution during seasonal high-flow within Fish Creek rendered the quality impact of this spill <br />minimal. No evidence exists to suggest that any aquatic life standards had been exceeded within <br />Fish Creek. Janet Binns, representing the Division staff, concurred with Mr. Mills' observations. <br />For this reason I was persuaded to reduce the assessment for Seriousness to $1,000, the lower <br />assessment for "Significant" Seriousness. <br />Twentymile Coal Company proactively conducted an investigation of the pipeline and treatment <br />facilities in order to determine the cause of the ruptures. As a result of that investigation the <br />Company subsequently redesigned the pipeline and treatment facilities, rather than merely <br />repairing the damage. Twentymile has submitted appropriate revision applications to implement <br />its redesign. In consideration of these proactive and extraodinary efforts I am allowing an <br />assessment adjustment of -$500.00 for "Good Faith" by Twentymile Coal Company. I therefore <br />propose the adjusted total civil penalty of $1,000. <br />