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_. - . ~ <br />Proposed Civil Penalty Assessment <br />Kerr Coal Company/ The Marr Strip Mine <br />NOV C-99-012 <br />Materials reviewed in regard to the preparation of this Proposed Civil Penalty Assessment were: DMG's <br />NOV form, DMG's inspection report of 10/8/99, nine DMG photographs, letter from permittee dated <br />10/28/99, and memo from DMG inspector dated 11/1/99. <br />History [Rule 5.04.5(3)(a)]: <br />No NOVs have been issued to Kerr Coal within the pas[ twelve months. The History component <br />of this Proposed Civil Penalty is therefore assessed at $0. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a Proposed Civil Penalty Assessment may range from $0 to $1750 <br />The amount assessed is to be based upon whether the permittee failed to comply with a <br />performance standard or an administrative standard. This NOV was written for [he permiltee's <br />failure to comply with performance standards. <br />In the case of a permiltee's failure [o comply with performance standards, the amount of the <br />Seriousness component is further based upon two additional factors: (1) [he probability of the <br />occurrence of the event which the violated standards are designed to prevent, and (2) the duration <br />and extent of the actual or potential damage in terms of azea and impact upon the public and the <br />environment. <br />(l) In this case, the events that the standards were designed to prevent did in fact occur. <br />(2) The duration of this event (how long the unapproved disturbance existed before it was <br />corrected) is not fully known. The actual damage, however, is very small (approx 150 sq ft). <br />Based upon these factors, the Seriousness component of this Proposed Civil Penalty is <br />therefore assessed at $250. <br />Fault [Rule 5.04.5(3)(c)]: <br />The Fault component of a Proposed Civil Penalty Assessment may range from $0 to $1500. <br />Assessments for unavoidable violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range for $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" range from $750 [o $1500. <br />Based upon comments provided by the permittee and DMG staff, it appears that this violation <br />occurred from a minor degree of negligence. The Fault component of this Proposed Civil <br />Penalty is therefore assessed at $250. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />As this NOV has yet to be terminated, no reduction in [he amount of this Assessment is proposed <br />al this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore recommended at $500. <br />