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,` <br />1 agree with the statements in the proposed assessment that there is no evidence of <br />environmental harm. Without substantial testing, such evidence would probably not be <br />attainable. The potential for harm from the illegal disposal of a substance classified as a <br />hazardous waste was created. However, I do not consider it significant, because the <br />defoamer was highly diluted, Pond 4 is way oversized and it has never discharged. Based on <br />the information presented in the conference, I am reducing the seriousness to $500.00. There <br />appears to be a lowlmoderate potential for harm. <br />Fault <br />Mr. Lopez stated that BRI did not intentionally ignore the permit condition. It has been a <br />standard practice at the mine to dispose of drilling fluids in the pond. He thought it had been <br />approved, but he could not find the documentation to support this. He felt BRI was handling <br />the drilling fluids in a safe and environmentally sound manner. <br />Based on the information presented in the conference, I see no evidence of intentional <br />conduct. The operator was negligent by not reviewing the permit conditions prior to the <br />disposal of the drilling Fluids, even though it had been standard practice. $750.00 is assessed <br />for fault. <br />food Faith <br />BRI abated the NOV in the shortest time possible. All drilling mud was removed from Pond <br />4 and disposed in an approved disposal site. Although, the NOV was abated in the shortest <br />time possible, no evidence of extraordinary effort was presented. I am not recommending a <br />good faith reduction. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $500.00 <br />Fault $750.00 <br />Good Faith $0.00 <br />Total $1250.00 <br />