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Proposed Civil Penalty Assessment Snowcap Coal Company/The Roadside Mine NOV CV-2002-018 October 15, 2002 Materials reviewed: DMG Inspection Form (9/9/02); DMG NOV Form (9/16/02). Comments from the permi[tee were not submitted. History [Rule 5.04.5(3)(a)]: No NOVs have been issued to this permittee within the twelve months preceding the issuance date of this NOV. The History component is therefore proposed to be set at $0. Seriousness [Rule 5.04.5(3)(b)]: The Seriousness component of a proposed assessment may range from $0 to $1750. The amount proposed depends upon whether the violation was one of performance requirements or of administrative requirements. This NOV was written for a violation of performance requirements. In the case of a violation of performance requirements, the amount to be assessed for Seriousness depends upon (1) the probability of the occurrence of the event which a violated standard is designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of azea and impact on the public or environment. (1) Installing a buried disturbed-area drainage pipe smaller than designed creates the potential for a system back-up. This in tum creates the potential for disturbed-area runoff to flow beyond the sediment control system. Failure to repair a possible leak in the underground system creates the potential for unapproved point source seeps, as well as the potential for instability of the portal bench area. The probability for these events to occur, however, seems low. (2) Actual damage to the public or environment isn't appazent. The degree of potential damage to the public or the environment that could result from the NOV-cited activity seems low. The Seriousness componeut of this assessment is therefore proposed to be set at $250. Fault [Rule 5.04.5(3)(c)]: The fault component of a proposed civil penalty assessment may range from $0 to $1500. Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations that were the result of "negligence" may range from $250 to $750. Assessments for violations that resulted from "intentional conduct" may range from $750 to $1500. The failure to install the underground disturbed-area runoff collection system as approved and to maintain a portion of that system seem to have been the result of a moderate degree of negligence. The Fault component is therefore proposed to be set at $500. Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: It appears that this NOV has not yet been abated. Good faith credit is therefore not proposed at this time. The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $750.