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Justification of Settlement Agreement for <br />Notice of Violation C-91-030 <br />Conference Summar <br />NOV C-91-030 was issued on December 31, 1991 by Cathy Begej of the Division, <br />based on an inspection she conducted December 17-19, 1991, at the Southfield <br />Mine. The NOV was issued for "failure to provide a combination of principal <br />and emergency spillways or a single open channel spillway or documentation <br />that the pond can contain the 25 year-24 hour event." Ms. Begej indicated <br />that the NOV applied to two facility area sediment ponds, two loadout sediment <br />ponds, and two impoundments which had non-complying spillway structures. <br />Rule changes necessitating spillway modifications to provide for separate <br />principal and emergency spillways, or a single open channel spillway had <br />become effective in January, 1991, and all coal operators in the state had <br />been notified in a May, 1991 memorandum of the specific implementation <br />deadline. The Division recognized that some period of time would be required <br />to allow for pre-existing non-complying structures to be brought into <br />compliance with the revised regulation. The May, 1991 memorandum identified <br />September 1, 1991 as the deadline for completion of any required modifications. <br />Ms. Begej indicated that EFCI had submitted to the Division a complete <br />technical revision application addressing necessary spillway modifications on <br />September 17, 1991, and that a preliminary adequacy letter had been issued by <br />the Division on October 31, 1991. Abatement Step No. 1 which specified <br />submittal of an approvable revision by January 10, 1992, was specifically <br />directed toward the submittal of revision modifications in response to the <br />Division's adequacy letter. <br />The potentiai seriousness of the violation was judged by the inspector to be <br />insignificant, based on the existence and functioning of the ponds in their <br />current condtition for a number of years, with no known problems having <br />occurred as a result of the spillway design. Mr. Al Weaver, representing <br />Energy Fuels Coal, Inc., indicated concurrence with Ms. Begej's representation <br />of the events. Mr. Weaver indicated that EFCI had received the May, 1991 <br />notification from the Division. The delay in submitting the T.R. application <br />was due in part to complications and uncertainties regarding the design of <br />spillway structures which would comply with the revised regulations. <br />Fact of Violation <br />The facts of the violation are not in dispute. I find that a violation did <br />occur. <br />