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ENFORCE26656
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ENFORCE26656
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Entry Properties
Last modified
8/24/2016 7:34:31 PM
Creation date
11/21/2007 11:22:31 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981031
IBM Index Class Name
Enforcement
Doc Date
5/29/1984
Doc Name
LETTER RENOTICE OF PROPOSED CIVIL PENALTIES (NOVS C-84-062 & C-84-063)
From
MLRD
To
AMERICAN FUELS INC
Violation No.
CV1984063
Media Type
D
Archive
No
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:' <br />:/: <br />,•/ P-1r. Bill Wilson -2- <br />The values are assigned using the following procedure: <br />1. Probability of occurrence <br />a. damage did occur value of 4 <br />b. damage is likely to occur value of 3 <br />c. damage is not likely to occur value of 2 <br />2. Duration of Damage <br />May 29, 1984 <br />a. short, less than 45 days value of 2 <br />b. medium, 45-90 days value of 3 <br />c. long, greater than 90 days value of 4 <br />3. Extent of damage <br />a. insignificant value of 0 <br />b. slight value of 1 <br />c. small value of 2,-- <br />d. medium value of 3 <br />e. large value of 4 <br />Fault -Maximum Penalty is $1,500.00 <br />1. If the violation was unavoidable despite the exercise of reasonable <br />care, no assessment for fault will be made. <br />2. If a violation occurred because of negligence, i.e., due to <br />indifference, lack of diligence, or lack of reasonable care, an assessment of <br />at least $250.00, but not more than $750.00 wiTi be made. <br />3. If a violation occurred because of reckless knowing or intentional <br />conduct, an assessment of at least $750.00, but not more than $1,500.00, will <br />be made. <br />No Notices of Violation have been issued at this operation within the <br />preceding year, therefore, no civil penalty is assessed for history of <br />previous violations. <br />-~ <br />In the case of NOV C-84-062, the Division determined that damage did occur <br />since there was evidence of previous flow events at both monitoring stations <br />inspected; the duration of damage is short since additional data can be <br />collected; and the extend of damage is small since the information lost wil <br />likely be a small portion of the total. Using the system previously <br />discussed, an assessment of $437.50 rounded off to 440.00 is proposed ._ <br />In the case of NOV C-84-063, the Division determined that damage was not <br />likely to occur since thunderstorms during April are rare; and the duration <br />and extent were found to be short and small respectively. Using the <br />assessment system, an assessment for seriousness of $218.75 rounded to $220.00 <br />is proposed. -~ <br />For the fault component, it was determined that both violations best fit the <br />category of negligence. The minimum of $250.00 was assessed for NOV C-84-062 <br />and the maximum of $750.00 was assessed for NOV C-84~ 7 <br />
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