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<br /> <br />Civil Penalty Assessment <br />The proposed civil penalty was: <br />History $0.00 <br />Seriousness $0.00 <br />Fault $500.00 <br />Good Faith $0.00 <br />TOTAL $500.00 <br />History <br />The history component was not disputed. <br />Seriousness <br />I concur with the $0.00 assessment for seriousness based on the satisfactory <br />past performance of the cited structures and the limited potential for offsite <br />damage should the structures fail to perform as designed. <br />Fault <br />I concur with the proposed assessment for fault. The operator was negligent <br />in failing to submit a technical revision application in a timely manner so as <br />to insure compliance 6y the September 1, 1991 deadline. <br />Good Faith <br />The operator responded in a timely manner by submitting an approvable plan to <br />the Division by January 9, 1992, one day prior to the abatement deadline. <br />Indications are that the operator has been diligent in implementing the <br />approved modification, but final abatement work has not yet been completed and <br />thus good faith reduction cannot be awarded. <br />Amended Civil Penalty <br />I recommend no modification to the proposed civil penalty <br />