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Proposed Civil Penalty Assessment <br />Seneca Coal Company/'I'he Seneca II-W ivline <br />NOV CV-00-005 <br />Materials reviewed in conjunction with this proposed assessment were: DMG Staff memo; eleven DMG <br />slides; DMG inspection report; DMG NOV form. The permittee did not submit comments. <br />History [Rule 5.04.5(3)(x)]: <br />No NOVs have been issued at this mine within the twelve months preceding the issue date of this <br />NOV (May 24, 2000). The History component of this assessment is therefore proposed at $0. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed assessment may range from $0 to $1750. The amount <br />assessed is based upon whether the permittee failed to comply with a performance standard or an <br />administrative standard. This NOV was written for a violation of a performance standard. <br />In the case of a petmittee's failure to comply with performance standards, the amount of the <br />Seriousness component is to be further based upon two additional factors: (1) [he probability of <br />the occurrence of the event which the violated standard is designed to prevent, and (2) the duration <br />and extent of the actual or potential damage in terms of area and impact upon the public and the <br />environment. <br />(1) In this case, the event that the standard is designed to prevent did in fact occur. Topsoil was <br />not salvaged from an area upon which overburden was deposited. <br />(2) The duration of the event is not known. The extent of the damage is estimated to be <br />approximately 10,000 sq ft (200' x 50'). While meteoric runoff from this disturbance is <br />vested by Sediment Pond O] 5, it is assumed that the disturbed area was approved to remain <br />unaffected by mining. As such, this activity appears to have created an "off-site impact". <br />Based upon these factors, the Seriousness component of [his proposed penalty assessment is <br />therefore proposed at $750. <br />Fault (Rule 5.04.5(3)(c)]: <br />The fault component of a proposed assessment may range from $0 to $1500. Assessments for <br />unavoidable violations may range from $0 [o $250. Assessments For violations that were the <br />result ofnegligence may range from $250 to $750. Assessments for violations that were the result <br />of intentional conduct range may range from $750 [o $1500. <br />Based upon DMG Staff comments, it appears that this violation occurred as a result of negligence. <br />It is also apparent from permittee comments to DMG staff during the inspection that the permittee <br />was aware of this violation, but did not begin correcting it until requested [o do so by DMG Staff. <br />Based upon these factors, the Fault component of this proposed penalty assessment is <br />therefore proposed at $750. <br />Good Faith Credit in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />This violation has apparently not yet been abated. The Good Faith Credit component of this <br />proposed penalty assessment is therefore proposed at $0. <br />The Total Proposed Civil Penally Assessment for this NOV is therefore recommended set at $1500. <br />