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Proposed Civil Penalty Assessment <br />Blue Mountain Energy, Inc/ The Deserado Mine <br />NOV CV-2002-017 <br />August 1, 2002 <br />Materials reviewed: DMG Inspection Form (7/19/02); DMG NOV Form (7/11/02); 7/26/02 e-mail from <br />Dan Mathews to Dan Hernandez. No comments were submitted by the permittee. <br />History [Rule 5.04.5(3)(a)]: <br />Three NOVs have been issued to this pemvttee within the twelve months preceding the issuance <br />date of [his 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 occurrence of the event which a violated standard is <br />designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of <br />area and impact on the public or environment. <br />(1) Failure to properly maintain two sediment collection ditches created the potential for <br />disturbed azea runoff bypassing or overloading a sediment pond, which in tum created the <br />potential for disturbed area runoff to be either untreated or ineffectively treated. <br />(2) The duration and extent of this potential improper treatment of disturbed area runoff, in terms <br />of azea and impact upon the environment and the public, appears moderately low. <br />The Seriousness component of this assessment is therefore proposed to be set at $500. <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's failure to maintain these two sediment collection ditches appears to be the result <br />of a high degree of negligence. <br />The Fault component is therefore proposed to be set at $750. <br />Good Fai[h in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />This NOV has not yet been abated. <br />Good Caith credit is therefore not proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1250. <br />