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J <br />-2- <br />Justification of Settlement Agreement for NOV C-87-012 Continued <br />Good Faith <br />The operator conducted the required hydrologic monitoring on May 19. The lab <br />would not release the results of the testing until payment was received. <br />Y.aiser Coal Corporation has filed for bankruptcy and due to the proceedings of <br />bankruptcy court, the operator could not pay the lab until mid-June. Thus the <br />abatement deadline was extended from June 1 to June 30. Results were received <br />by the Division on June 22. I believe this is the shortest time possible and <br />represents an extraordinary effort given the operator's circumstances. I <br />propose to reduce the civil penalty E100.00. <br />Final Civil Penalty <br />History S 0.00 <br />Seriousness E150.00 <br />Fault E400.00 <br />Good Faith -E100.00 <br />TOTAL X66 <br />/bdc <br />1083E <br />