Laserfiche WebLink
<br />:; <br />~~ <br /> <br />-2- <br />Based on this, the Division proposes that this component contribute $750.00 <br />of the proposed civil penalty. <br />4. Thus, the total proposed civil penalty for NOV 81-14 is: <br />5100.00 For history <br />750.00 for seriousness <br />750.00 for Fault <br />$1,600.00 Total proposed civil penalty <br />Notice of Violation 81-15 <br />1. The component for history is not disputed. $100.00 is assessed for this. <br />2. The assessment of the seriousness component for failure to construct <br />sediment control is based on the probability of damage occurrence and the <br />duration and extent of the damage. The evidence presented indicated that, <br />at the time of the violation, damage did not occur. The potential for damage <br />is not known because of the lack of data that would normally be available in <br />a permit that would indicate the type of sediment control and the structures <br />necessary to mitigate the potential environmental damage. Based on this, the <br />Division proposes that this component contribute 5200.00 to the civil penalty. <br />There is no disagreement that the component for duration and extent should be <br />minimal. The Division proposes $150.00 for this component of the civil penalty. <br />3. The Division agrees with Walden Coal Company that the degree of fault <br />in this violation is based on negligence. Since the operator failed to find <br />out what the requirements for sediment control were for the area, it appears <br />that he was demonstrating some indifference to the compliance requirements, <br />particularly since the operator has been cited previously for a similar <br />violation (NOV 80-29). The Division proposes that this component contribute <br />5250.00 to the civil penalty. <br />4. Therefore, the total proposed civil penalty for NOV 81-15 is: <br />$100.00 for history <br />$350.00 for seriousness <br />$250.00 far Fault <br />$700.00 <br />