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<br />ti <br /> <br />Explanation of Proposed Penalty <br />N.O.V. C-90-032 <br />History There has been one notice of violation (NOV) issued to the <br />Coal Ridge Mine during the previous 12 months that has completed <br />administrative review. This is assessed at $50.00. Total penalty <br />proposed for history is E50.00. <br />Seriousness: The absence of signs identifying the limits of the affected area <br />of the mine constitutes a potential obstruction to the Division in <br />conducting inspections of the property. The affected area of the <br />mine, however, is relatively small. Furthermore, the mine has been <br />in temporary cessation for several years so the affected area has <br />not changed and is relatively well known to the Division's <br />inspectors. As a result, the seriousness of the situation, i.e. the <br />~ degree to which the Division was obstructed in inspecting the mine, <br />is considered low and the penalty proposed is $250.00. <br />Fault: The mine has been permitted for several years but there apparently <br />had never been signs installed to identify the limits of the <br />affected area. While the approved permit application apparently <br />does not contain reference to the nature or to the placement of such <br />signs, the operator is nevertheless responsible for compliance with <br />performance regulations applicable to his operation as well as the <br />conditions of this permit. The operator is, therefore, considered <br />negligent in failing to install the required signs, but the degree <br />of negligence is deemed low and assessed at $250.00. <br />Days: The penalty is proposed for one day. <br />Good Faith: The violation has not been abated. There is no reduction <br />proposed for good faith. <br />/ ern <br />9586E <br />