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History <br />Seriousness <br />The operator contested this component because they felt the duration was short <br />and not moderate as indicated in the proposed penalty. The coal fines had <br />been there approximately a week and the Bear No. 1 Pond had risen rapidly <br />within the last several days due to high runoff and rainy conditions. I agree <br />the duration is short and the extent was small; and therefore, I propose to <br />reduce seriousness to E250.00. <br />Fault <br />The operator stated the cleaning of the coal fines had been scheduled with <br />maintenance after it occurred. Mr. Conn said the Bear No. 1 Pond had gone up <br />rapidly due to the large amount of rain they had received and the high <br />runoff. They felt pumping the pond would be pointless, given the wet <br />conditions since the pond would fill again. Tom Schreiner explained that a <br />discharge permit had recently been issued which would have allowed the <br />operator to discharge without pumping. This was not happening either, The <br />proposed penalty represents a low degree of negligence, and I agree with this. <br />Good Faith <br />The Bear No. 1 Pond was pumped in the shortest time possible, given the bad <br />weather conditions and difficult access to the pond. The coal fines were <br />cleaned up by May 14, which is in advance of the abatement deadline. <br />I propose 5250.00 in good faith. <br />Final Civil Penalty <br />History 5 0.00 <br />Seriousness 250.00 <br />Fault 250.00 <br />Good Faith -250.00 <br />TOTAL $'f5Ir6~ <br />/dlm <br />2319E <br />