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'~ <br />FAULT <br />The operator was negligent in not ensuring that all reasonably available subsoil was salvaged <br />by their contractor prior to spreading refuse material. They were also negligent in allowing <br />salvage operations to proceed while ground conditions were excessively wet. Again, for <br />purposes of this penalty assessment, I assume this was the case, based on the inspection <br />report. A higher degree of negligence is apparent from the operator's failure to follow <br />subsoil storage plans in their approved permit and by their apparent insistence on following <br />a practice which had been identified as non compliance. <br />$750 is assessed for a high degree of negligence. <br />GOOD FAITH <br />The operator appears to have taken immediate steps to salvage what subsoil they could from <br />the area that had been prematurely covered by refuseyHowever, the operator appears to <br />have disregarded the first step of the required abatement for several weeks. No good faith <br />credit is awarded. <br />c:\wp51\082696 <br />