Laserfiche WebLink
Cessation Order C-85-013 - 2 - Buddy J.Healey <br />6. An on-site hearing was conducted pursuant to C.R.S. 1973, 34-33-123(6) on <br />March 8, 1985. Healey was in attendance. At the hearing it was <br />determined that the Cessation Order was appropriately written. It was <br />also determined that the Order had been properly abated and Cessation <br />Order C-Q5-013 was terminated. <br />7. A civil penalty in the amount of $3,250.00 was proposed by the Division <br />on March 18, 1985. This included the maximum assessment for seriousness <br />and fault with no assessment for history of violations. <br />8. An assessment conference was held on May 7, 1985 at the Division offices <br />to consider the facts surrounding the cessation order and amount of civil <br />penalty. At this hearing, the cessation order was modified to indicate <br />that Healey was "conducting coat exploration activities without filing <br />with the Division a Notice of Intent to Explore and receive approval <br />prior to commencing operations." The order was modified because of <br />Healey's assertion that he was only seeing if there was coal there, and <br />because there was no evidence that he was selling any of the coal. The <br />penalty was reduced to $1,500.00 because the area was previously <br />disturbed and Healey exhibited good faith in abating the cessation order. <br />9. A proposed settlement agreement was mailed on May 9, 1985 as a result of <br />the assessment conference. The settlement agreement was never signed by <br />Healey. <br />10. A Notice and Order to Pay Fixed Penalty in the amount of $1,500.00 was <br />issued by the Division to Healey on May 6, 1985. <br />11. On July 10, 1985, Healey submitted a check in the amount of $1,500.00 and <br />requested a public hearing pursuant to Rule 5.04.4 and C.R.S. <br />34-33-123(8)(f). <br />Conclusions of Law <br />1. Buddy J. Healey has conducted coal exploration activities causing <br />substantial disturbance of the natural land surface without having filed <br />a Notice of Intention to Explore, or an application for approval, <br />contrary to the requirements of section 34-33-117(1)(a) (1984} and Rules <br />2.02.2, 2.02.3. <br />2. Pursuant to section 34-33-123(8), C.R.S. and Rule 5.04.5, a civil penalty <br />of $750.00 is warranted in this case based on penalty assessment factors <br />of $150.00 for the seriousness of the violation, $150.00 for the degree <br />of fault on the part of the violator, and a penalty reduction of $750.00 <br />for the good faith shown by the violator in remedying the violation. The <br />penalty for fault is reduced from the $1,500.00 penalty as fixed, because <br />the violation occurred as a result of negligence rather than reckless <br />knowing or intentional conduct, <br />