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III IIIIIIIIIIIIIIII Proposed Civil Penally Assessment Seneca Coal Coampany/ The Seneca II-W Mine NOV CV-00-007 Materials reviewed in conjunction with this proposed assessment were: DMG Staff Memo; IS DMG slides, DMG inspection report: DMG NOV form. The permittee did not submit comments. History [Rule 5.04.5(3)(a)J: One NOV (CV-00-005) has been issued at this mine within the twelve months preceding the issue date of this NOV. The History component of [his assessment is therefore set at $50. Seriousness [Rule 5.04.5(3)(b)]: The Seriousness component of a proposed assessment may range from $0 to $1750. The amount assessed is based upon whether the permittee failed to comply with a performance standard or an administrative standard. This NOV was written for a violation of a performance standard. In the case of a permittee's failure to comply with a performance standard, the amount of the Seriousness component is to be further based upon two additional factors: (I) the probability of the occurtence of the event which the violated standard is designed to prevent, and (2) the duration and extent of [he actual or potential damage in terms of area and impact upon the public and [he environment. (I) In [his case, the event that the standard is designed [o prevent does no[ appear to have occurred. It appears that failure by the permittee to complete construction of Sediment Pond 016 prior to disturbing 4-5 acres within the pond's drainage area did not result in a discharge of untreated or under-treated surface water leaving the pond. (2) As it appears that runoff from disturbed area did not leave the unfinished sediment pond, it appears that there was no actual impact upon [he public or environment. While the potential for an under-treated discharge to occur existed, the duration and extent of this potential discharge would be related to precipitation event intensity and duration, and therefore difficult to estimate. The Seriousness component of this proposed penalty assessment is therefore set at $500. ~ ~a `C~j ~ DU Fault [Rule 5.04.5(3)(c)]: The fault component of a proposed assessment may range from $0 to $1500. Assessments for unavoidable violations may range from $0 to $250. Assessments for violations that were the result of negligence may range from $250 to $750. Assessments for violations that were the result of intentional conduct may range Crom $750 to $1500. It does not appear that [his violation was intentional. This violation could have been avoided, however. This violation therefore appears to be the result of negligence. The Fault component of this proposed penalty assessment is therefore set at $500. Good Faith Credit in Achieving Compliance [Rule 5.04.5(3)(d)]: This violation has not yet been abated. The Good Faith Credit component of this proposed penalty assessment is therefore set at $0. The Total Proposed Civil Penalty Assessment for this NOV is therefore recommended set at $1050.