ENFORCE25532

• Permit No: C1981018
• IBM Index Class Name: Enforcement
• Doc Date: 6/9/2001
• Doc Name: PROPOSED PENALTY
• Violation No.: CV2001010
• Media Type: D
• Archive: No

Proposed Civil Penally Assessment
Blue Mountain Energy, Inc /The Deserado Mine
DMG Permit No. C-81-018
NOV CV-2001-010
Materials reviewed during the preparation of this proposed penalty were: (1) copy of DMG inspection
report, dated 5/IS/01; (2) copy of DMG NOV form, dated 5/14/01; (3) copy of DMG Termination Notice,
dated 6/4/01; (4) Memo from Dan Mathews, dated 6/4/01. The permittee did not submit written comments.
History (Rule 5.04.5(3)(a)]:
No NOVs have been issued to this mine in the 12 months preceding the date of this NOV.
The History component of this assessment is therefore proposed at $0.
Seriousness [Rule 5.04.5(3)(b)]:
The Seriousness component of a proposed civil penalty assessment may range from $0 to $1750
The amount assessed for Seriousness depends upon whether the permittee failed to comply with
an administrative standard or a performance standard. This NOV was written az a failure to
comply with [he performance standards for storage ofnon-coal waste.
In the caze of a permittee's failure [o comply with performance standards, the amount of the
Seriousness component is based upon two additional factors: (1) the probability of the occurrence
of the event which the violated standard is designed to prevent, and (2) the duration and extent of
the actual or potential damage in terms of area and impact upon the public and the environment.
(1) Based upon the information reviewed, it appears that the probability of envvonmental
contamination from the barels located in the "Treasure Island" road blister area was low.
(2) Based upon [he information reviewed, it appears that the extent of any potential
environmental impact from the fluids within the barels would have been small.
The Seriousness component of this assessment is therefore proposed at $250.
Fault [Rule 5.04.5(3)(c)]:
The Fault component of a proposed civil penalty 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 from $750 to $1500.
The permittee stated on Page IV-15 of the Deserado Mine permit [hat road blister areas could
serve az "extra storage space when needed". However, the storage ofnon-coal waste at the
"Treazure Island" area should have been more clearly specified. This is an indication of a low
degree of negligence on the part of the petmittee.
The Fault component of this assessment is therefore proposed at $250.
Credit for Permittee's Good Faith Efforts in Achieving Compliance [Rule 5.04.5(3)(d)]:
It appears that the permittee made an extra effort to abate this NOV in a timely manner.
A reduction of $250 from the overall assessment amount is therefore proposed.
The Total Proposed Civil Penalty Assessment for this NOV is therefore proposed at $250.