Laserfiche WebLink
K <br />Seriousness <br />I find the proposed amount to be appropriate. Hydrologic monitoring is an <br />important requirement, and although there is no indication that the failure <br />caused any damage to the hydrologic balance, the potential for such damage is <br />not insignificant given the fact that multiple sites were not monitored for <br />the entire year. <br />Fault <br />I believe the violation resulted from a lack of reasonable care on the part of <br />the operator. I agree that the hydrologic monitoring requirement was not <br />specifically spelled out in the Compliance Agreement and that some uncertainty <br />could have existed with regard to which permit requirements were still in <br />force. It would have been reasonable for the operator to obtain clarification <br />from the Division in this regard as opposed to assuming that inspection and <br />monitoring provisions of the permit no longer applied. I propose to reduce <br />the fault component of the penalty to $250.00 <br />Good Faith <br />Good faith has not been demonstrated. <br />Final Civil Penalty <br />History $0.00 <br />Seriousness $500.00 <br />Fault $250.00 <br />Good Faith $ 0.00 <br />Total $750.00 <br />DTM/yjb <br />6695E <br />-2- <br />