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<br />NOV No. C-84-062 <br />The facts of the violation were not contested by American Fuels, Inc. Staff <br />proposed a civil penalty as follows: <br />History 3 -0- <br />Seriousness ; 440.00 <br />Fault 250.00 <br />Total E 690.00 <br />During the assessment conference American Fuels, Inc., requested <br />reconsideration of the seriousness component, observing that the flow which <br />they failed to record did not reach the main stem of Pryor Creek, with which <br />staff concurred. Based upon this consideration, I am reducing the seriousness <br />extent of damage component from small to slight, resulting in a seriousness <br />assessment of ;220.00. The company accomplished all required abatement in an <br />expeditious manner. Company personnel have been hand sampling any <br />precipitation events, awaiting review of the amended plan submitted to the <br />Division for surface water sampling. I am, therefore, proposing a good faith <br />component of ;125.00, resulting in an amended civil penalty as follows: <br />History ; -0- <br />Seriousness $ 220.00 <br />Fault S 250.00 <br />Subtotal ; 470.00 <br />Good Faith Ad.lustment - 125.00 <br />Total Penalty S 345.00 <br />/th <br />Doc. No. 2561 <br />