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c <br />FAULT <br />The operator commented that the majority of failures cited in the <br />NOV are no longer relevant since the required hydrologic monitoring <br />has been reduced. However,' this reduction in the plan was not <br />approved by the Division or incorporated into the permit until <br />after the alleged violations had occurred. Division <br />representatives apparently emphasized to COVCC that the approved <br />plan should be followed until approval of any changes. COVCC chose <br />to reduce the monitoring prior to approval of any permit revision. <br />Based on the fact that a similar violation (C-93-147) occurred one <br />year ago, that extensive discussions regarding the hydrologic <br />monitoring plan occurred subsequent to that NOV, and that the <br />operator faiYed to collect over 200 required samples, I can only <br />conclude that this violation was intentional. $1250 is assessed <br />for an intentional violation. <br />NUMBER OF DAYS PENALTY ASSESSED <br />The Colorado Surface Coal Mining Reclamation Act at section 34-33- <br />123(8)(a), and the regulations at Rule 5.04.6(1) indicate the <br />Division may consider economic gain by the operator resulting from <br />a failure to comply when assessing a civil penalty for separate <br />violations for each day from date of issuance to date of abatement. <br />Whereas this violation appears to have resulted from an intentional <br />decision by the operator, separate civil penalties for multiple <br />days are being assessed to reflect the economic gain to the <br />operator resulting from the failure to comply. <br />The Division inspector indicated 231 required monitoring sites and <br />60 lab analyses were not completed. Assuming costs of $20/hour and <br />15 minutes per site visit, and $60 per lab analysis, a savings of <br />$3735 was realized by the failure to conduct required monitoring. <br />Ten days passed from the date of issuance of the NOV to completion <br />of the steps required for abatement. Separate penalties of $148.50 <br />per day are assessed for each of these ten days, in consideration <br />of the economic gain to the operator resulting from their failure <br />to comply with the mine permit. <br />The seriousness, fault, and separate penalties result in a proposed <br />civil penalty amount of $3735.00, which is the estimated amount of <br />economic gain realized by the operator as a result of this <br />violation. <br />GOOD FAITH <br />There is no evidence of good faith in the failes at this time. <br />C:\wp51\112294 <br />