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Proposed Civil Penalty Assessment Grand Valley Coal Company /The iVlcClane Canyon 119ine NOV No. C-99-006 History [Rule 5.04.5(3)(a)]: No NOVs have been issued to this permittee within the twelve months preceding the NOV issuance date NOV (6/28/99). The History component of this Assessment is thus set at $0. Seriousness [Rule 5.04.5(3)(b)]: The Seriousness component of a Proposed Assessment may range from $0 to $1750. The amount proposed is to be based on whether the permittee failed to comply with a performance standard or with an administrative requirement. This NOV was written for [he permi«ee's failure to comply with a performance standard. In the case of a permittee's Failure to comply with a performance standard, the amount proposed far the Seriousness component is [o be further based upon two additional factors: (I) [he probability of the occurrence oC the event which the violated standards are designed to prevent, and (2) the duration and extent of the actual or potential damage in terms of the area and impact upon the public and the environment. The performance standards in Rule 4.05 are designed [o prevent long-term adverse changes to the hydrologic balance in and around coal mining operations. While laboratory analysis of the water samples taken from Sites SW-1 and SW-3 during the first quarter of 1999 does not exist, Division Staff comments indicate that the potential for Grand Valley Coal to have had an adverse effect upon the quality ofsurface water in East Salt Creek during that period of time is quite low. The Seriousness component of this Proposed Assessment is therefore set at $250 Fault [Rule 5.04.5(3)(c)]: The Fault component of a Proposed Assessment may range from $0 to $1500. It is apparent from the Division inspection report of 6/22/99 that the permittee was aware of the requirement [o conduct [he laboratory analysis of the East Salt Creek surface water samples but intentionally chose to not have it conducted "due to a lack of funds". The Fault component of this Proposed Assessment is therefore set at $750. Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: Up to $1250 tnay be subtracted from the Proposed Assessment amount if the person to whom the NOV was issued: • took extraordinary measures to abate the violation; • achieved abatement in the shortest time possible; and • achieved abatement before the expiration of the time fixed for abatement in the NOV. While this NOV was abated before the expiration of the time fixed for abatement, it does not appear at this time that any extraordinary measures were taken by the permittee. A reduction in the amount of [his Assessment is therefore not proposed a[ this time. The total amount of this Proposed Civil Penalty Assessment is therefore set at $1000.