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<br />.~,, .• <br />Trinidad Basin Civil Penalty - 3 - March 1, 1985 <br />Notice of Violation C-85-006 <br />This Notice of Violation was written for the failure of the permittee to <br />repair and stabilize rills and gullies as required by the Rules and the Permit <br />document. <br />History <br />I <br />The permittee has received seven previous notices of violation in the <br />preceding calendar year which are no longer under administrative <br />review, and two Cessation Orders in the preceding calendar year which <br />are no longer under administrative review. The Division must assess a <br />history component of $50.00 for each previous Notice of Violation, and <br />$250.00 for each Cessation Order during a preceding calendar year. <br />NOVs - 7 x $ 50.00 = $350.00 <br />COs - 2 x $250.00 = $500.00 <br />History Total: <br />Seriousness <br />II <br />$850.00 <br />The Division views this violation as a non-compliance with the approved <br />permit and a violation of the performance standards of the Act and <br />Rules. <br />The Act states, "in determining the amount of the penalty, <br />consideration shall be given to... the seriousness of the violation, <br />including any irreparable harm to the environment and any hazard to the <br />health or safety of the public...". <br />In assessing the seriousness component for this civil penalty, the <br />Division has determined that environmental of an insignificant nature <br />was present. The areas drained by the rills and gullies were <br />controlled by a sediment pond, therefore none of the material left the <br />site. The rills and gullies were larger than that allowed by the <br />Rules, though they had not progressed to the point of damaging large <br />amounts of topsoil, or causing instability. For this reason, the <br />Division chooses to assess a civil penalty for seriousness in the <br />amount of $0.00. <br />Seriousness Total: <br />Fault <br />III <br />$0.00 <br />The Division feels that this violation occurred as a result of lack of <br />diligence on the part of the permittee. The permittee has failed to <br />repair the rills and gullies in a timely manner according to the Permit <br />document. However, the operation has also been in temporary <br />cessation. The Division therefore proposes the least amount of civil <br />penalty, $250.00, allowed in this category of fault. <br />Fault Total: $250.00 <br />