ENFORCE20944 - Laserfiche WebLink

Home Browse Search

Proposed Civil Penalty Assessment Twentymile Coal Compancy NOV CV-2006-006 October 17, 2006 History [Rule 5.04.5(3)(a)]: One NOV has been issued at this mine during [he 12 months preceding [he issuance of this NOV. The History component is proposed at $50.00. Seriousness [Rule 5.04.5(3)(6)]: The Seriousness component of a proposed assessment may range from $0 to 51750. The amount proposed depends upon whether the violation was one of performance requirements or of administrative requirements. This NOV was written for a violation of performance requirements, failure to contain coal processing waste in the approved structure resulting in an un-permitted discharge. In the case of a violation of performance requirements, the amount to be assessed for Seriousness depends upon (I) the probability of the occurrence of the event which a violated standard is designed to prevent, and (2) the duration and extent of [he potential or actual damage in terms of area and impact on the public or environment. Damage to Foidel Creek was observed. • Coal slurry from a ruptured pipe joint filled Sediment Pond E causing a discharge which migrated down Foidel Creek for approximately 2.8 miles. A black film was deposited in the creek bed and along the creek banks. Sediment Pond E could not operate as designed. • The slurry contained coal fines treated with polyacrylamide flocculent. A copy of the MSDS for the polyacrylamide was submitted. No known ecological hazards are identified for this chemical substance. • The DOW electro-shocked Foidel Creek for presence or absence of aquatic life (Creek Chub) above and below the deposition area. Based on their results they assumed there was a loss of aquatic life where the coal slurry was deposited, however DOW stated in their October 6 letter, "it would be extremely hard to quantify the amount of loss within the deposition area" DOW concluded that aquatic organisms will reestablish once the proposed clean up is conducted. • Duration of the violation is unknown. TCC discovered the coal slurry filled-in pond, the un-permitted discharge and [he migration of coal fines on Sept. 11. TCC called the Division on Sept. 12. However, it is unknown how long [he coal fine slurry discharge went undetected; TCC says i[ went undetected for "some time". Byron Walker's inspection report says it probably occurred sometime between the 6th and 1 Iw of Sept. The duration was long enough for Sediment Pond E to fill with coal fines, overtop and for the slurry to migrate 2.88 miles downsveam. • Once detected, TCC ceased pumping the slurry and repaired the transfer line (including excavation of the filled-in manhole, pipe repair and resetting of the manhole). The Seriousness component of this assessment is proposed at $1250. Fault [Rule 5.04.5(3)(c)]: The fault component of a proposed civil penalty assessment may range from $0 to $1500. Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations [ha[ were [he result of"negligence" may range from $250 to $750. Assessments for violations that resulted from "intentional conduct" may range from $750 to $1500. The permittee exhibited a high degree of negligence for failing to monitor or observe the presence of the coal slurry in the manhole, in the sediment pond or in the Creek for several days. As stated above, it is unknown how long the coal floe slurry was discharging before it was detected by mine personnel. The Fault component is proposed at $750. Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: The NOV has I I Abatement steps. TCC is steadily completing each step however, the coal slurry fines have not been cleaned up yet as required by the last step. A good faith reduction is not warranted until all abatement steps have been completed. A good faith reduction is not proposed. The Total Proposed Civil Penalty Assessment for this NOV is $2050.00.