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Failure to Correct A Violation Within A Fixed or Modified Abatement Period [Rule 5.04.6(3)]: <br />When a person fails to correct a violation, for which a notice of violation or cessation order has <br />been issued, within the abatement period as originally fixed or subsequently modified, the <br />Division is required to assess a civil penalty of not less than $750 for each day during which such <br />failure to correct the violation continues beyond the fixed abatement period. <br />NOV CV-2006-003 was issued on 8/29/06, and its abatement deadline set for 9/15/06. This <br />deadline was extended to 9/29/06, and again to 10/27/06 (a Friday). Submittal of the full required <br />bond and all required forms did not occur on 10/30/06 (a Monday). Cessation Order CO-2006- <br />007 was consequently issued on 10/31/06 (a Tuesday), establishing a new abatement deadline of <br />11/27/06. Submittal of the full required bond and all requred paperwork occurred on 11/14/06, <br />and termination of both the NOV and the CO occurred on 11/14/06. <br />The number of days used in calculating this component of this Civil Penalty would under normal <br />circumstances be 18 days, from 10/27/06 to 1(/14/06; it appears that during that 18-day time <br />period, however, the petmittee was working with the Division on a bond release application to <br />reduce the amount of reclamation liability, was simultaneously working with a second entity to <br />have the mine permit transfen•ed to the second entity, and was working with the second entity to <br />have them provide a replacement bond to the Division in the amount of the reduced liability. Now <br />that the bond release application has been proposed for approval, that a valid replacement bond <br />has been submitted, and that the application for transfer of the New Elk Mine permit to the second <br />entity has been proposed for approval, it seems overly-punitive to now assess 18 days of non- <br />compliance to the soon-to-be previous permittee. It is therefore proposed that only one day <br />(Monday 10/30/06, the date that was not included in either the NOV abatement period or the CO <br />abatement period) be used in the calculation of this component of the Civil Penalty Assessment. <br />The component for Failing to Correct a Violation is therefore proposed at $750. <br />The Total Proposed Civil Penalty Assessment for this Cessation Order is therefore set at $1750. <br />