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Proposed Civil Penalty for Notice of Violation (NOV) C-91-002 <br />History: The violations were issued to the mine during the preceding twelve <br />month period. There is no assessment for history. <br />Seriousness: The violation was issued for failure to conduct the required <br />pertoatc Inspections of the sedimentation ponds for structural weakness, <br />erosion or other hazardous conditions. The ponds, however, did not fail or <br />perform improperly. As a result of the violation, no environmental or <br />property damage occurred. The potential, however, was created for such damage <br />since a condition could have developed which, undetected as a result of the <br />failure to inspect, could have lead to failure or improper function of a <br />pond. Based on the history of the ponds, this potential in considered low. <br />Assessment for seriousness is 4500.00. <br />Fault: Re Dr es enta tives of the Rockcastle Company, operator of the mine, have <br />t~icated in discussions since issuance of NOV C-90-002 a belief that, while <br />reclamation of the property is occurring under settlement agreement with the <br />Division, Rockcastle is not required to cam ply with Dermit conditions. <br />Section I2 of the agreement, however, indicates reclamation activities at the <br />Grassy GaD Mine will be conducted pursuant to the Act and to the terms of the <br />permit. The Rules relating to the Act require sediment pond inspections at <br />either quarterly intervals or at such other intervals as approved by the <br />Division. The failure to conduct any inspection later than June 1990 is <br />considered knowing, intentional conduct, since awareness apparently existed <br />for a specific permit condition as well as of an applicable regulation. <br />Assessment for fault is set at 51000.00. <br />Good Faith: The violation has not been abated, in fact cannot be, therefore <br />no aT'owance for good faith is made. <br />5833E <br />