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t <br />-2- <br />The seriousness component is based on the fact that failure to revise the mine <br />plan and maps in accordance with the actual mining at the site makes it <br />impossible for the Division staff to enforce the permit. The permit document <br />is the common understanding as to what will be on-the-ground at any time and <br />is the basis for all inspections and enforcement. The failure to follow that <br />plan prevents the Division staff from carrying out the inspection and <br />enforcement program as required by statute. The fault component of $750.00 is <br />at the highest level allowed for negligence. Information presented at the <br />settlement conference indicated that this was not a result of reckless, <br />intentional conduct. It is, however, at the highest end of negligence. TBM <br />must revise their permit document as needed and follow that permit or revise <br />as necessary in the future. <br />ification for Settlement Agreement NOV CV-84-029, Trinidad Basin Min <br />This violation was written for failure to control all disturbed areas with <br />sediment control systems. The area in question largely involves lands <br />voluntarily reclaimed by TBM, but also includes a small area of disturbance <br />related to their active mining and haul road system. The civil penalty <br />proposed was; history $100.00, seriousness $656.00 and fault $750.00, for a <br />total of $1,506.00. Because the majority of the area in question was <br />disturbed as a result of the voluntary reclamation of pre-law disturbances, I <br />am proposing a reduction in the civil penalty reflecting the areas disturbed <br />for their active mining. The operator should have either actively controlled <br />the sediment from those areas or pursued necessary permit revisions to obtain <br />a small area exemption, if the areas are eligible for such an exemption. <br />thus, I am proposing a civil penalty as follows. <br />History $ 100.00 <br />Seriousness $ 250.00 <br />Fault $ 250.00 <br />Total 600.00 <br />Doc. No. 1240 <br />