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1, ~. L . S Trinidad Basin Civil Penalty - 2 - March 1, 1985 IT. Seriousness The Division views this violation as a non-compliance with the approved permit and a violation of the performance standards of the Act and Rules. The Act requires that "in determining the amount of the penalty, consideration shall be given to... the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public...". Though the Division feels that the violation occurred as a result of the permittee not constructing the approved sediment control plan, there was no apparent probability of damage to the environment. The previous sediment control system had been constructed and was in place, though this system was not fully meeting the requirements of Rule 4.05.6. For this reason, the Division does not choose to assess a civil penalty for the seriousness component of this violation. Seriousness Total; $0.00 III. Fault The Division feels that this violation occurred as a result of lack of diligence on the part of the permittee. The permittee was aware that the revised sediment control system needed to be constructed and implemented, however, the operation is currently in temporary cessation. For this reason the Division proposes the minimum amount of civil penalty that can be assessed for a condition resulting from lack of diligence, $250.00. Fault Total: IV. Good Faith $250.00 The Division cannot assess any good faith credit at this time, since the required abatement for the violation has not been completed. The abatement deadline has not been passed, therefore the permittee still has additional time in which to complete the abatement. Good Faith Deduction: $0.00 Summar History - Seriousness - Fault - Good Faith - TOTAL: $ 850.00 0.00 250.00 (0.00) $ 1,100.00