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Memo to File C-81-019 - 5 - July 6, 1993 <br />E. Good Faith in Achieving Compliance (Rule 5.04.5(3>(d>) 50.00 <br />Reductions in proposed total amounts of civil penalties may be granted if <br />evidence exists that all of the following have occurred: (1) the person <br />issued the NOV took extraordinary measures to abate the violation; (2) <br />abatement was achieved in the shortest time possible, and (3) abatement <br />was achieved before the expiration of the time fixed for abatement in the <br />notice, order, or any modification thereof. <br />From the operator's comments, it <br />Collection Ditch was repaired on <br />issuance date. It is also appar <br />upland diversion berm by May 27, <br />date. These apparently were the <br />saturated ground conditions, and <br />established in the NOV. <br />is apparent that the breach on the South <br />May 17, 193, fifteen days from the NOV <br />ant that the operator had installed an <br />1993, twenty days from the NOV issuance <br />shortest times possible, due to the <br />were within the abatement period <br />At this time, it is not apparent that the revision identifying these <br />measures, as required by NOV abatement step three, was submitted by <br />June 15, 1993. It is also not apparent whether the measures taken by the <br />operator to abate the violation were extraordinary. <br />Should new evidence be brought to the assessment conference signifying <br />the level of attempted compliance and that the required revision was <br />submitted on time and in the shortest time possible, good faith could be <br />reconsidered at that time. As such, no reduction in the total proposed <br />civil penalty is granted at this time. <br />The total amount of proposed civil penalty is therefore established as follows: <br />History $ 50.00 <br />Seriousness $500.00 <br />fault $750.00 <br />Additional Per-Day Penalty $ 0.00 <br />Good Faith Reduction $ 0.00 <br />Total $1,300.00 <br />8020E/scm <br />