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i SETTLEMENT AGREEMENT JUSTIFICATION NOV C-94-025 Notice of Violation C-94-025 was issued for "Failure to submit Annual Hydrologic Monitoring Data for well 7 in a timely manner. Submittal is required by October 31of each year, and the 1993 report was not submitted until January 6, 1994". Dave Berry issued the NOV from the office on September 29, 1994 to Slurco Corporation for the Canadian Strip Mine. An assessment conference was held on December 5, 1994 with Dave Berry representing the Division of Minerals and Geology and Jerry Koblitz representing Slurco Corporation. Dave Berry stated that Stipulation 1132 of the permit requires: The Hydrologic monitoring plan will consist of monitoring the spoils well annually for water level and to submit the results to the Division by October 31 of each year. The 1993 report was submitted on January 6, 1994 and the 1992 report was submitted on November 5, 1992. Dave Berry stated a minor administrative violation did occur. Jerry KobGtz said as a general practice, the reports have been submitted late for about the past ten years. No one has ever said anything about being late. The deadline does not allow for the completion of the quarterly pond inspection reports which are included in the report. Furthermore, the Division generally reviews the reports in January. He felt that the submittal of the annual hydrologic report past an unrealistic deadline, and without Division review until a couple months after the deadline does not constitute a violation. He requested that the NOV be vacated. I will uphold the NOV. A minor violation did occur. If the operator is concerned about unrealistic deadlines, a revision should be requested to change the dates. The proposed civil penalty was: History $0.00 Seriousness $0.00 Fault $0.00 Good Faith $0.00 Total $0.00 I agree with the proposed penalty.