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i <br />warranted, but enforcement is inappropriate in this instance. The <br />penalty assessment in the settlement agreement reflects a zero <br />penalty component for the conveyor spillage. <br />vi"vii Penalty AaoeSament <br />Proposed Penalty Assessment <br />History $ 0.00 <br />Seriousness 1250.00 <br />Fault 1000.00 <br />Good Faith 0.00 <br />Total $2250.00 <br />History <br />The History component was not disputed. <br />Seriousness <br />Limited areas of reclamation (less than 500 square feet) were <br />affected by coaly sediment. It would appear that it will be fairly <br />easy to clean up the affected areas with a minimum of disturbance <br />to established vegetation. I recommend a reduction in the <br />seriousness component to $500.00. <br />Fault <br />Coal outside berms at the storage pad areas appears to have <br />occurred unintentionally during snow removal operations. Snow with <br />coal material mixed in was pushed into piles along the inside of <br />the berms to such heights that some material sloughed over the berm <br />as the snow melted. This was in part a consequence of the higher <br />than normal snowpack this winter, and while it might have been <br />preventable had more care been taken, it does not appear that coal <br />was intentionally placed outside the berm. Disturbed drainage <br />which passed through the reclaimed area appears to have resulted <br />from a relict culvert and ditch which should have been removed at <br />some point in the past. A moderate degree of negligence is <br />indicated and I recommend a reduction in the fault component to <br />$500.00. <br />Good Faith <br />Good faith reduction cannot be considered because the abatement has <br />not been fully completed. <br />Settlement Agreement Penalty Proposal........$1000.00 <br />