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a <br />Fact of Violation <br />The specific facts of this violation are not in dispute. I find <br />that a violation did occur. <br />Proposed Civil Penalty Assessment <br />The penalty assessment <br />was: <br />History <br />seriousness <br />Fault <br />Good Faith <br />proposed by the Division Assessment Officer <br />$0.00 <br />$250.00 <br />$250.00 <br />0.00 <br />Total Proposed $500.00 <br />Penalty <br />History <br />The history component was not disputed. <br />Seriousness <br />Based on the fact that no evidence of damage has been observed as <br />a result of this violation and the minimal existing potential of <br />damage, I concur with the proposed assessment of $250.00 for <br />seriousness. <br />Fault <br />The operator has pointed out that they were not a party to the <br />issues involved with this NOV when they were originally raised. <br />They also argued that they have been diligently pursuing a <br />resolution to those issues. The Division inspector agreed that a <br />diligent effort has been made by WFC. <br />Based on the facts above, I agree that WFC's fault is minimal in <br />this instance. This fact appears to be reflected in the low <br />proposed penalty assessment for fault. However, as the permittee, <br />WFC is responsible for insuring that the mine and permit are in <br />compliance with the regulations. The NOV was issued approximately <br />three months after WFC assumed responsibility for the permit. I <br />concur with the proposed assessment of $250.00 for fault. <br />