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?rooosed Civil Penalty assessment <br />?owderhorn Ccal Company <br />Roadside and Cameo Hines <br />"lctice of Violation C-91-021 <br />Permit No. C-31-041 <br />HiStOry <br />There are no Notices of +/iolation on record during the t~r+eive mcnths previous <br />September 13. .991. <br />30.OC <br />Seriousness <br />The Notice of Violation was written because specific ground conditions do not <br />comply with the regulations. The situation has not, and probably will not, <br />result in onsite or offsite impacts. <br />3250.00 <br />Fault <br />The revised sediment pond regulations were sent to all operators, with a <br />memorandum dated January 28, 1991. A letter dated May 15, 1991, specifically <br />outlining the requirement to revise pond design s, was sent to all operators in <br />May. This letter informed the operators of the need to submit new plans by <br />September, 1991. Extensive notice was provided regarding this issue, and the <br />Division requirements were well known and represented early in the year. <br />There is no evidence that the operator intentionally avoided compliance; <br />however, the delay in Submitting a revi<.ed olan is considered to be extremely <br />negligent. <br />5750.00 <br />Total Proposed Penalty: 51,000.00 <br />8968E/scg <br />