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Fault $750.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith 0 <br />Total proposed penalty $1500.00 <br />After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />History <br />A $0.00 penalty is appropriate for history. <br />Seriousness <br />I feel that a $500.00 penalty is appropriate. Both the operator and the Division indicated that the <br />climatic conditions were severe. Also, the operator had been providing water, just not enough <br />and not on the right schedule. The mine site is in a very remote location. <br />Fault <br />I support the Assessment Officer's determination for a high level of negligence and for a penalty <br />of $750.00. The operator had been cautioned on at least three times to become more active in <br />controlling dust. Hot and windy conditions need more water than was being provided. <br />Number of Days Penalty Assessed <br />I concur with 1 day. <br />Good Faith. <br />The operator took immediate steps to correct the problem during this inspection and modified <br />the dust suppression plan for the site. Good faith in the amount of $200.00 is warranted. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness $500.00 <br />Fault $750.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $200.00 <br />Total Penalty $1050.00 <br />