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.. <br />,. <br />TBM Enforcement Action File -2- November 20, 1984 <br />f1. Seriousness <br />The Division views this violation as a noncompliance with the approved permit <br />and a violation of the performance standards of the Act, and Rules. <br />The Act states, "in determining the amount of the penalty, consideration shall <br />be given to...the seriousness of the violation, including any irreparable harm <br />to the environment and any hazard to the health or safety of the public...". <br />In assessing the seriousness component for this civil penalty the Division has <br />determined environmental harm of a large nature was imminent given the status <br />of the sediment control system at the Trinidad Basin Mine. A sizable <br />precipitation event which would have been controlled under a functional <br />sediment control system would have yielded irreparable environmental damage <br />under the conditions found at the mine site. For this reason, the Division <br />proposes a civil penalty for seriousness in the amount of $1,250. <br />Seriousness total: $1,250.00 <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 had failed to <br />maintain the sediment control system which had two embankments which had <br />failed, and a number of ponds which were nonfunctional. The operator had cut <br />slots in a number of the ponds in order to correct deficiencies in the <br />placements of principal spillways. However the operator had left the site <br />with the ponds in this condition. This action indicates to the Division that <br />the operator had a disregard for the requirements of the Act and Regulations <br />and was knowingly violating them. For this reason the Division proposes a <br />civil penalty for fault in the amount of $1,500.00. <br />Fault total: $1,500.00 <br />IV. Good Faith <br />The operator completed the abatement in the time allowed. This abatement time <br />frame was set at a short construction time frame by the Division. The <br />operator, not having any available personnel, contracted for operators and <br />equipment to complete the abatement schedule. The Division feels that the <br />operator took extraordinary measures under the circumstances to comply with <br />the abatement schedule. Therefore the Division proposes a good faith <br />reduction of $250.00. <br />Good faith redu <br />Summary History -- <br />Seriousness-- <br />Fault -- <br />Good Faith--(-) <br />TOTAL <br />ction: $250.00 <br />$ 500.00 <br />$1250.00 <br />$1500.00 <br />$ 250.00 <br />$3000.00 <br />/md <br />Doc. No. 5552 <br />