Laserfiche WebLink
P • <br />maintaining the site in the absence of any action on the part of <br />the operator. <br />3) The Board consider substantial relief from civil penalty <br />assessment in this case. Typically, civil penalties are assessed <br />by the DMG following issuance of NOV's and CO's. This step <br />has not yet occurred. In the interest of expediting a final <br />resolution in this case, we are requesting that the Board <br />consider the matter of civil penalty assessment during this <br />heazing. <br />We believe that TPI has complied to the best of its abilities and <br />available means. TPI has conducted reclamation to significantly <br />reduce the bond liability, but is unable to proceed any further. <br />TPI has eliminated hazards associated with the portals and has <br />maintained the drainage control system. <br />Rule 5.03.7(4) states that "unless caused by lack of diligence, <br />inability to comply may be considered only in mitigation of the <br />amount of civil penalty under 5.04, and of the duration of the <br />suspension of a permit under 5.03.3(3)(b) or 5.03.5(4)(c)." It is <br />the DMG's opinion that TPI has acted diligently, but that it has <br />reached a point where it is no longer able to comply. Not only <br />would a high civil penalty serve no purpose other than a <br />punitive one in this case, it may also force the operator into <br />bankruptcy, which would interfere with the bond forfeiture <br />process and possibly delay or prevent any required maintenance <br />of the site by the DMG. We are, therefore, requesting that the <br />Board consider relief in this case. <br />Exhibits: Letters from Twin Pines Investment <br />Notices of Violation C-96-007 & C-96-008 <br />Cessation Order C-96-009 <br />Show Cause Order <br />DMG Memo to Board <br />Slides of site <br />