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Justification of Settlement - NOV C-99-008 <br />page 2 <br />monitored by the three wells in question issues at the spoils spring and is released through a <br />permitted NPDS point of compliance. Therefore, no injury to [he environment was risked even if <br />the data collection oversight had occurred, which it had not. I was persuaded by to reduce the <br />Seriousness component to "insignificant", which carry's an assessment of zero dollars. <br />Mr. Mills also requested adjustment of the assessment of $750.00 for Fault. Larry Routten <br />believed the situation reflected a high level of "Negligence" and proposed the applicable $750.00 <br />assessment. However, Larry was operating under the mistaken assumption that the collection of <br />the fall 1997 field parameters had been overlooked at the three wells. It is now evident that no <br />data collection oversight occurred. The only fault on CYCC's part was a failure in its <br />preparation of the AHR. In my opinion this represents a minimal lack of diligence on the par[ of <br />CYCC. Therefore, I was persuaded to reduce the assessment component for Fault. I propose an <br />adjusted assessment for Fault of $250.00, reflecting low level "Negligence" (lack of Diligence). <br />Mr. Mills closed by requested that I consider a reduction to reflect "Good Faith" by CYCC. He <br />commented that CYCC abated the violation in one day, while the NOV allowed 23 days for <br />abatement. Further, they reported themselves through their AHR cover letter confession. And <br />finally they had implemented office process designed to prevent future occurrences. In my <br />opinion, while CYCC's performance in this instance does represent an "extraordinary" effort. I <br />therefore propose a $250.00 reduction to reflect a "Good Faith" effort on the part of CYCC. <br />As a result, I propose an amended penalty assessment for NOV C-99-008, as follows: <br />History $ -0- <br />Seriousness $ -0- <br />Fault $ 250 <br />Good Faith Adjustment $ -250 <br />Total Assessment $ -0- <br />In reflection of the lack of environmental harm, and the quick and effective remedy of the <br />apparent data collection and reporting failings by CYCC, I am recommending to the Director <br />that NOV C-99-008 be vacated. <br />