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The operator disagreed with this statement. He claimed that they <br />were remedying the situation during the storm event and they have <br />been since. The runoff bypassing the reno diversion was <br />redirected into the pond during the midst of the storm. Since <br />the storm, the entire drainage system has been cleaned. There <br />was a labor strike that delayed clean up efforts. However, they <br />hired additional crews in order to bring the entire system back <br />into compliance. Had the strike not occurred, the cited areas <br />probably would have been completed. <br />Based on what was presented in the conference, I am proposing to <br />reduce fault to $500.00. The operator was in the process of <br />repairing the entire sediment control system. Additional crews <br />and equipment were assembled to address all the problems. The <br />crews were working long days. These were four of many more <br />problems that probably existed after the storm. The NOV could <br />have been much more severe had the operator not made an effort to <br />remedy the situation. <br />Good Faith <br />I am proposing a.$250.00 reduction for good faith. In an effort <br />to clean up, the operator hired additional crews to repair the <br />damage. The crew size was increased from 7 people to 10. They <br />worked seven days a week to overhaul the entire drainage system. <br />I conclude this represents an extraordinary effort and the NOV's <br />were abated in the shortest time possible. <br />Settlement Agreement Penalty <br />History $300.00 <br />Seriousness $1000.00 <br />Fault $500.00 <br />Good Faith $250.00 <br />Total $1550.00 <br />