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I _ <br />TBM Enforcement Action File -2- November 20, 1984 <br />III. Fault <br />The Division feels that this violation occurred as a result of reckless and <br />knowing conduct on the part of the operator. The operator was fully aware of <br />the requirement that explosives be secured in an approved location and in an <br />approved container. Explosives found in the manner that the Division found <br />them constitute a serious threat to public health and safety which the <br />operator was or should have been aware of. For these reasons the Division <br />proposes a civil penalty for fault in the amount of $1500.00. <br />Fault total: $1500.00 <br />IV. Good faith <br />The Division feels that the operator did take some extraordinary measures in <br />abating the Cessation Order. Immediately after issuance after the Cessation <br />Order, the operator contacted a licensed explosives handler, returned to the <br />site, and removed the explosive materials that were identified during the <br />inspection. This occurred prior to the expiration of the abatement period. <br />Therefore, the Division feels that a component of good faith is justified, in <br />the amount of $250.00. <br />Good faith deduction: $250.00 <br />Summar History -- $ 500.00 <br />Seriousness-- $1750.00 <br />Fault -- $1500.00 <br />Good Faith--(-) $ 250.00 <br />TOTAL $3500.00 <br />Cessation Order C-84-168 <br />This Cessation Order was written for the failure of the operator to maintain <br />several sediment ponds, resulting in embankment failures and a nonfunctional <br />sediment control system. <br />I. History <br />The permittee has received ten previous Notices of Violation in the preceding <br />calendar year which are no longer under administrative review. The Division <br />must assess a history component of $50.00 for each previous Notice of <br />Violation during the preceding calendar year. 10 x $50.00 = $500.00. <br />History total: $500.00 <br />