ENFORCE25134

• Permit No: C1981021
• IBM Index Class Name: Enforcement
• Doc Date: 5/31/1989
• Doc Name: PROPOSED SETTLEMENT AGREEMENT FOR NOV C-89-010 BOURG STRIP MINE
• From: MLRD
• To: WALDEN COAL CO
• Violation No.: CV1989010
• Media Type: D
• Archive: No

•
JUSTIFICATION OF SETTLEMENT AGREEMENT FOR
NOV C-89-010
NOV C-89-010 was written for failure to perform water quality monitoring and
failure to maintain water monitoring devices at the site. Additionally
monitoring wells were not capped or labeled. Ms. Begej explained that during
her review of the 1988 Annual Hydrologic Report (AHR) (covering the period
from October, 1987 through September, 1988) she found that the water level
data was missing for three months and water quality data was presented for
only one quarter. During one quarter the wells were frozen and no samples
could be taken. No explanation was presented for the other two missing
quarters. Ms. Begej also presented evidence indicating that at least two
wells have partially silted which may have affected the accuracy of the data
that was collected. Ms. Begej was also concerned about the fact that the
wells were not capped and the fact that the wells were not labeled.
Ms. James contested certain parts of the violation. Water levels had been
taken but were not submitted with the report. She was under the impression
that it would be acceptable to provide that data at a later date. Also she
explained that caps have not been required since 1984 and labeling had never
been required in the past. She did not contest the fact that water quality
data was missing for two quarters.
Based on the information presented in the assessment conference I believe the
two primary concerns with the hydrologic monitoring program were the failure
to provide water quality data for two quarters and the maintenance problems
with the wells. The missing caps are not a violation nor is it a requirement
or performance standard to label we71s, although it is helpful.
The proposed civil penalty was:
History b 0.00
Seriousness 150.00
Fault 500.00
Good faith 0.00
TOTAL 650.00
History
There have been no NOV's or CO's during the past twelve months.
Seriousness
The proposed penalty was assessed solely as an administrative violation.
I believe the performance requirements also need to be considered since
maintenance of the well is an integral part of the ground water monitoring
program. Wells must be properly maintained to ensure the integrity of the
data and to accurately assess the impacts of mining. With a performance
standard violation the penalty must consider the extent and duration of the
potential or actual damage. Damage did occur as evidenced by the field