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Proposed Civil Penalty Assessment <br />Blue Mountain Energy, Inc! The Deserado Mine <br />NOV CV-2002-015 <br />August 1, 2002 <br />Materials reviewed: DMG Inspection Form (7/19/02); DMG NOV Fotm (7/10/02); 7/26/02 a-mail from <br />Dan Mathews to Dan Hernandez. No comments were submitted by the permittee. <br />History [Rule 5.04.5(3)(a)J: <br />One NOV has been issued to this permittee within the twelve months preceding the issuance date <br />of this NOV. The associated appeal periods have, however, not yet expired. <br />The History component is therefore proposed to be set at $0. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed assessment may range from $0 to $1750. The amount <br />proposed depends upon whether the violation was one of performance requirements or of <br />administrative requirements. This NOV was written for a violation of performance requirements <br />In the case of a violation of performance requirements, the amount to be assessed for Seriousness <br />depends upon (1) the probability of the occurence of [he event which a violated standard is <br />designed to prevent, and (2) the duration and extent of the potential or actual damage in terns of <br />area and impact on the public or environment. <br />(1) Fugitive dust was observed leaving a disturbed area and settling onto an undisturbed area. <br />Thus, an event that the air quality performance requirements are designed to prevent occurred <br />(2) The extent of this event is unknown. However, as this matter had been brought to the <br />attention of the permittee on three earlier occasions in 2002, the duration appears moderate. <br />The Seriousness component of this assessment is therefore proposed to be set at $750. <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" may range from $750 to $1500. <br />The permittee was cautioned on three previous occasions in 2002 to ensure adequate watering of <br />its active sub-refuse areas. This NOV thus appears to be the result of a high degree of negligence. <br />The Fault component is therefore proposed to be set at $750. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />Though the permittee complied with DMG's required abatement measures within 12 hours of the <br />NOV being issued, the measures taken do not appear [o have been extraordinary. <br />Good faith credit is therefore not proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1500. <br />