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J <br />JUSTIFICATION OF SETTLEMENT .4GREEMENT FOR <br />NOV C-87-012 <br />NOV C-87-012 was written for "failure to maintain records on site and failure <br />to follow approved plan for hydrologic monitoring". tor. Schreiner explained <br />that subsidence monitoring records were not found for the third quarter of <br />1986. Missing as well were the first quarter 1987 surface water monitoring <br />records for Site No. 1 and NPDES reports. The operator had not collected the <br />water samples for site H-1 as required by the plan. <br />tor. Balaz did not contest the fact of the violation, although he did provide <br />additional information regarding the subsidence monitoring report <br />requirements. The permit requires semi-annual reporting. Last November a <br />revision was submitted and approved by the Division that allowed the cessation <br />of subsidence reporting. Therefore, the second report for 1986 was not <br />submitted. Mr. Schreiner believed subsidence reports were to be submitted on <br />a quarterly basis. He was not aware that the permit only required semi-annual <br />submittals. Based on this information I will not consider the subsidence <br />reports a part of the NOV. <br />The proposed civil penalty was: <br />History E 0.00 <br />Seriousness E150.00 <br />Fault 5500.00 <br />Good Faith S 0.00 <br />TOTAL $b~'6II <br />History <br />Seriousness <br />I agree with the proposed penalty. <br />Fault <br />The proposed penalty was based on negligent reporting of the hydrologic and <br />subsidence requirements. Based on information presented in the assessment <br />conference I believe the operator was in compliance with the subsidence <br />reporting requirements. I propose to reduce this component by E100.00 since <br />the operator had diligently conducted the subsidence monitoring. <br />