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.~ <br />,~ <br /> <br />Justification for Proposed Settlement Agreemen[ of N.O.V. 83-41 <br />The facts of the violation were not contested by the operator. The staff <br />proposal for civil penalties was as follows: <br />Histor $ 0.00 <br />er~ness $875.00 <br />Negligence $750.00 <br />During the conference, several issues came to light which justify a change in <br />the proposed civil penalty. Seriousness had been based on the violation being <br />in existence substantially prior to our finding the company in violation. In <br />fact, the violation occurred as of September 15, 1983. Thus, the seriousness <br />should be adjusted to reflect this short timeframe. This short a timeframe, <br />in turn, affects the probability of damage occurrence, duration of potential <br />or actual damage, and extent of potential or actual damage. I am, therefore, <br />proposing a seriousness component of $200.00. <br />The fault component was proposed at the highest level within the negligence <br />Category. Evidence presented at the Assessment Conference indicates that the <br />company was making efforts to resolve the problem, but failed to do so within <br />the necessary timeframe. I am reducing the fault component to $650.00. <br />Based on the extremely rapid resolution of the violation and abatement <br />on-the-ground, a good faith component of $200.00 is justified. I am, <br />therefore, proposing a total civil penalty of $650.00. <br />/mt <br />Doc. No. 6695 <br />