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<br />JUSTIFICATION OF SETTLEMENT AGREEMENT FOR <br />Notice of Violation C-92-001 <br />(Page 3 of 3> <br />Good Faith (Continued) <br />(1) While submittal of the stability evaluation within one week of NOV <br />issuance constitutes rapid compliance, it is not clear that this <br />action involved extraordinary effort. The detailed analysis was a <br />follow-up to a generalized plan which had been submitted in <br />response to a Division request in October, 1991. A commitment to <br />submittal of the detailed plan by January 15, 1992 had been made at <br />that time. Since the operator had planned for submittal of the <br />plan prior to issuance of the NOV, it is not reasonable to assume <br />that adherence to a previously established schedule required <br />extraordinary effort on the part of the operator. <br />(2) Rule 5.04.5<3)(d) specifies the requirements which must be met in <br />order to qualify for a good faith penalty reduction. One of the <br />requirements is that abatement be achieved "...before the <br />expiration of the time fixed for abatement." The Division's policy <br />is that good faith consideration based on rapid compliance and <br />extraordinary measures cannot be extended until the violation has <br />been fully abated and terminated. For this violation, abatement <br />Item No. 2 has not yet been completed and thus the violation has <br />not been terminated. <br />2162E/bow <br />