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<br />Justification of Settlement Agreement for <br />Notice of Violation C-85-013 <br />Mr. Lewicki did not contest the facts of the violation. He did explain that <br />the operator is reluctant to reclaim the load-outs, however, because the <br />railroad has requested that they remain. They are planning to request <br />temporary relief, per Rule 5.03.5(5) from the Mined Land Reclamation Board. <br />The proposed civil penalty was: <br />History $ 600.00 <br />Seriousness 150.00 <br />Fault 1 000.00 <br />Total 2,350.00 <br />Seriousness <br />There was no contest on the seriousness penalty. It reflects moderate <br />seriousness. This is a violation of a Board order, there are no violation of <br />performance standards associated with this NOV. failure of the operator to <br />perform the required reclamation impeded the Division's ability to assess <br />whether the reclamation would be successful. <br />Fault <br />The proposed civil penalty reflects intentional conduct. I do not agree with <br />this based on the information presented at the conference. The operator had <br />conducted all other required reclamation, and they want to work with the <br />railroads and the Board to allow the load-outs to remain. Therefore, I am <br />proposing to reduce this fault component to the maximum penalty for <br />negligence, $750.00. <br />Good Faith <br />No good faith will be subtracted. <br />The proposed civil penalty is: <br />History $ 600.00 <br />Seriousness 750.00 <br />Fault 750.00 <br />Total 2, 00.00 <br />